LEGAL NEWS 22.11.2009

CEC has no jurisdiction to decide on mining dispute: OMC
http://timesofindia.indiatimes.com/city/hyderabad/CEC-has-no-jurisdiction-to-decide-on-mining-dispute-OMC/articleshow/5256127.cms
TNN 22 November 2009, 06:32am IST
HYDERABAD: Obulapuram Mining Company stated on Saturday that the boundary disputes between two mining companies was not the concern of the Central Empowered Committee (CEC) appointed by the Supreme Court and that the observations and recommendations made by it in its report submitted to the apex court on Friday was contrary to the judgments of the AP High Court and also the Supreme Court. In a statement here on Saturday, B V Srinivas Reddy, MD of Obulapuram Mining Company, said the SC committee has not dealt with any issues relating to environment. "There is no green issue involved. The boundary dispute between two private companies is not the concern of the Central Empowered Committee. The boundary dispute is already adjudicated by the High Court of Andhra Pradesh in W.A.No.1540/2008. This judgment has become final, since no party has preferred any appeal against the same." OMC held that the CEC's report of Friday is without jurisdiction since the Supreme Court never directed the committee to submit such a report. "Unless and until the Supreme Court receives the report and approve the recommendations with or without modifications, it is not a report in the eye of law. The observations and recommendations unless and until are approved by the Supreme Court, which may or may not approve the same, continue to be the views of CEC and cannot be called as an order of the Supreme Court," the mining company said.







CBI denies information on Quattrocchi sought under RTI
http://www.sindhtoday.net/news/1/74211.htm
November 22nd, 2009 SindhToday
New Delhi, Nov 22 (IANS) The Central Bureau of Investigation (CBI), which has been investigating the Bofors gun payoff scandal, has refused to reveal any information sought under the Right to Information (RTI) about Italian businessman Ottavio Quattrocchi, stating that it “would impede the process of apprehension and prosecution of the accused”.
The information was sought by a Supreme Court lawyer, Ajay K. Agrawal, after the CBI had moved an application before a court here last month to quash all charges against Quattrocchi in the two-decade-old case, saying it cannot be kept pending forever as attempts to extradite him have failed in the past.
In his RTI application filed last month, Agrawal had asked for all documents, manuscripts, notings and files pertaining to the de-freezing of the accounts of Quattrocchi and his wife at a bank in London. Agrawal had also filed a petition in the court against the withdrawal of the case by the CBI.
CBI, however, refused to divulge any information.
“… As the criminal case against Ottavio Quattrocchi is pending trial in the Court of Chief Metropolitan Magistrate, Delhi, and various other petitions relating in the case are pending before (Delhi) High Court and Supreme Court, the documents and information asked for can neither be provided nor allowed to be inspected… as the same would impede the process of apprehension and prosecution of the accused,” the investigation agency said in its reply to Agrawal.
He had also sought information/records including all advices, opinions and notings of officials and law officers that led to withdrawal of the Red Corner Notice against Quattrocchi.
“Right from the prime minister to other ministers, all are making statements that there is no case against Quattrocchi. If that is the case, then why is the CBI shying from making public all the papers regarding his case,” Agrawal told IANS.
“The reasons are obvious, as his proximity to the Gandhi family has led to the CBI withdrawing the case despite the fact that there is ample documentary evidence received from different countries against him,” Agrawal said.
On Nov 6, a city court deferred till March 31 next year a decision on the CBI’s plea to withdraw Quattrocchi’s name from the Bofors case.
“It is a peculiar case of its kind and a glaring example of government sponsored corruption. The CBI and the entire government has shown utter disregard for the Indian courts including the apex court. Malaysian and Argentinian court orders were made the basis for the application for withdrawal of prosecution against Quattrocchi, while the orders of the Indian Supreme Court and Delhi High Court passed against Quattrocchi were disregarded,” he added.
Agrawal further said: “One of the reasons being given in the withdrawal application is that it is a 19 year old case and so it should be shut. If this reasoning is accepted, then the country’s criminal justice system will collapse and general amnesty should be given to all undertrials languishing in jails awaiting their trial.”
Quattrocchi was accused in the case relating to the alleged payment of Rs.640 million as commission in the 1987 howitzer deal. He was known to be close to the late Rajiv Gandhi, who was prime minister in 1987 when the bribery scandal broke, and his wife Sonia. Quattrocchi was named in a CBI chargesheet in 1999 as the conduit for the Bofors bribe and accused of receiving millions of dollars in commission for helping fix the $1.4 billion gun deal. [LM1]





HC imposes cost of Rs 20,000 on AIIMS
http://www.deccanherald.com/content/37298/hc-imposes-cost-rs-20000.html
New Delhi, Nov 22 (PTI)
The Delhi High Court has imposed a cost of Rs 20,000 on the AIIMS for denying counselling opportunity to a meritorious reserved category candidate, who first opted for a general seat in a second round of counselling against OBC quota.
Justice Anil Kumar said the premier medical institute cannot deny a candidate of reserved category from taking the benefit of counselling under both categories concurrently."The merit cannot be permitted to become demerit as otherwise this will frustrate the very purpose and object of reservation policy," the court said.The court passed the order on a petition filed by an OBC candidate Manish Patnecha who was denied an opportunity to sit for counselling against OBC quota after he had opted for a seat against the general category.During the second counselling, he sought to appear against OBC quota so that he could get admission in a subject of his choice but the AIIMS debarred him, saying that it would block two seats.Aggrieved by the denial, he approached the High Court saying a higher ranked candidate belonging to reserved category should not suffer a deprivation in the choices of either a seat or an institution of his choice vis-a-vis a lesser merited candidate of the same social class by operation of reservation principle.The court, after perusing the Bulletin of Information, said that the practice of the AIIMS was in contrary to the procedure of allocating seats prescribed in the prospectus."The method and procedure for allocation of seats as detailed in the prospectus does not stipulate that a candidate who opts for a general seat in the first counselling provisionally is not to be allowed to opt for a reserved category seat in the second counselling," the court said.The AIIMS contended that the practice of not permitting reserved category meritorious candidates, who participated in the counselling for the general category and allotted seat therein, was continuous ever since the counselling was started.However, the court rejecting contention of the AIIMS said, "A practice is in vogue ever since the process of counselling was started, will not be a ground to act contrary to procedure for allocation of seat as detailed in the prospectus.""As a reserved candidate on the basis of his merit in the general category, the petitioner was entitled for a seat, however, his option for a seat in general category could not be worked out to his disadvantage so as to be placed on a more disadvantageous position than the other less meritorious reserved category candidates," it said.The court, however, declined to direct the institute for re-counselling saying, "In the circumstances, the AIIMS cannot be directed to have second counselling again and allot the seat of petitioner's choice and cancel the allocation of the seat to another candidate."






HC upholds Goa varsity teachers retirement at 58
http://timesofindia.indiatimes.com/city/goa/HC-upholds-Goa-varsity-teachers-retirement-at-58/articleshow/5256605.cms
TNN 22 November 2009, 06:13am IST
PANAJI: The high court of Bombay at Goa has dismissed petitions challenging the decision of the government to retire Goa University (GU) teachers at the age of 58, following the passing of Goa University (Amendment) Act, 2002. Professor A K Joshi and reader Joe D'Souza had approached the court and submitted that they were entitled to continue in service till the age of 60 as GU had undertaken to protect their service conditions after they were absorbed in service from Bombay University. The petitioners explained that they were absorbed in GU from Centre of Post Graduation Instruction (CPIR) at Panaji, under Bombay University, by virtue of an agreement dated June 9, 1987. Subsequently, in its statute, GU prescribed the superannuation age to be 60, akin to the retirement age of teachers in Bombay University, the petitioners stated. They argued that as the retirement age of teachers of Bombay University still continues to be 60 years, the state government had committed breach of the agreement by reducing the age of superannuation to 58 years. The petitioners also brought to the notice of the court that after the government realized that reduction in retirement age will lead to waste of talent and experience, the Goa University (Amendment) Act, 2006 was passed and the retirement age of teachers was again fixed at 60 years.During the hearing of the case, advocate general Subodh Kantak argued that under the agreement the total emoluments to be received by the petitioners after their absorption by GU was protected and not the age of retirement. Rejecting the petition, a division bench comprising Justice V K Tahilramani and Justice N A Britto observed that the agreement provided the service conditions would be the same as those of Bombay University, until they were revised by GU with a further rider that they could be revised in line with service conditions of Goa government employees. Determination of the age of retirement is a matter of policy of the employer and courts cannot venture in their path, the court said. "That the legislature has again extended it to 60 years in 2006 is entirely a different matter and the petitioners who retired after the first amendment, cannot derive any benefit of the same," the court observed.








HC criticises lower courts for delaying adoption cases
http://timesofindia.indiatimes.com/city/chennai/HC-criticises-lower-courts-for-delaying-adoption-cases/articleshow/5256433.cms
A Subramani, TNN 22 November 2009, 03:32am IST
CHENNAI: Slamming subordinate courts for inordinate delay in disposing of adoption and guardianship cases, the Madras high court has said that they must clear such cases with the utmost sensitivity and diligence. As on date more than 970 cases, filed under the Hindu Adoption and Maintenance Act and the Guardians and Wards Act, are pending before various courts in Tamil Nadu. Many of them are pending since 2006. Delivering the order in a guardianship case on Friday, Justice K Chandru said that the Supreme Court had laid down a timeframe of two months to conclude such cases. Scores of cases were pending for more than three years in some courts in the state. “It is a disquieting factor to see that the current pendency of cases in some districts show an alarming picture and slackness in dealing with such matters, despite the binding law laid down by the Supreme Court,” he said. Such defiance shown by district courts should not be tolerated by the HC, which should take a serious view of the matter, Justice Chandru said. The case relates to a petition filed by N John in 1999, seeking to be appointed guardian of his cousin’s two minor children. The parents of the children had died and John, a retired government employee, and his wife had been taking care of them, the petition said.





HC must have special Benches for cyber cases’
http://www.thehindubusinessline.com/blnus/27211402.htm
KOCHI: There is a need to set up special Benches in the High Court for hearing cases relating to human rights violations, cyber crimes and economic offences, the Kerala Home Minister, Mr Kodiyeri Balakrishnan, said on Saturday.
“Cyber cases are increasing in the state. Lot of problems on this issue has come up before police. A cyber cell has been formed, which was working well. But when cases are registered, problems arise,’’ he said.
The laws which have gone obsolete needs to be amended and there should be an intervention from the judiciary in this regard, he said in his inaugural address at a seminar on ‘Development of Law and Justice Perspective’, organised as part of the Kerala Hi gh Court day celebrations.
The Government was actively considering the Krishna Iyer commission report on law reforms. But due to many reasons, this process was getting delayed. The legislature was not spending sufficient time for law making process, he lamented. — PTI



CJI for joint international probe into terrorist acts
http://trak.in/news/cji-for-joint-international-probe-into-terrorist-acts/26168/
by Indo Asian News Service on November 21, 2009
New Delhi, Nov 21 (IANS) Chief Justice of India (CJI) K.G. Balakrishnan Saturday endorsed a suggestion for joint international probes into acts of terrorism and trial of terrorists by a supranational tribunal such as the International Criminal Court.
Balakrishnan supported the idea in his inaugural address to a two-day-long International Conference of Jurists on the issue of terrorism at Vigyan Bhavan here. It was inaugurated by President Pratibha Patil.
The conference was attended by Singapore Chief Justice Chan Sek Keong and Justice Awn S. Al-Khasawneh of the International Court of Justice and Union Minister for Law and Justice M. Veerappa Moily.
Balakrishnan supported the idea of international probes into acts of terrorism, while dwelling upon the reluctance of some countries to act against terrorists operating from their soil due to the local support enjoyed by such terror outfits.
‘To tackle such circumstances, there has been a constructive suggestion that terrorist attacks should be treated as a unique form of armed conflict,’ said Balakrishnan.
‘And in such situations of armed conflict, obligations can be placed on all nations to collaborate in the investigation and prosecution of people responsible for terrorist attacks, irrespective of the location of the attacks or the nationality of the perpetrators,’ the CJI told the conference.
‘This calls for a blurring of the distinction between the international and domestic nature of armed conflict when it comes to terrorist strikes,’ the CJI added.
Endorsing the trial of terrorists at international tribunals, the CJI said, ‘Another suggestion is that of treating terrorist attacks as offences recognised under International Criminal Law, such as ‘crimes against humanity’ which can then be tried before a supranational tribunal such as the International Criminal Court.’
‘The obvious practical problem with this suggestion, however, is that prosecutions before this court need to be initiated by the United Nations Security Council (UNSC) and the latter may be reluctant to do so in instances of one-off terrorist attacks as opposed to continuing conflicts,’ the CJI added.
The CJI also called for restraint by the media, specially visual, in round-the-clock telecast of the scenes of terror attacks, saying this leads to considerable amplification of ‘the symbolic impact of terrorist attacks on the minds of ordinary citizens’.
‘The proliferation of 24-hour TV news channels and the digital medium has ensured that quite often some disturbing images and statements reach a wide audience within a short span of time. One of the ill effects of unrestrained coverage is that it can provoke a disproportionate level of anger among the masses,’ he added.
Terming terrorism as ‘a global problem, calling for a global response’, President Patil too endorsed global counter-terrorism efforts while squarely laying the responsibility to contain acts of terrorism on the country where the terrorists operate.
‘Terrorism easily transcends borders and thus becomes a transnational crime. Being a crime against humanity, it ought to be recognised as a common enemy of all nations. Terror threat against one is a threat against all,’ she said.
‘The global counter-terrorism efforts may be an arduous and lengthy campaign but must persistently target the entire global network. Countries must individually own up the responsibilities as must the international community in collectively defeating terrorism and not deflect responsibility on to non-state actors,’ said Patil.
‘The responsibility to deal with them lies with the state from which they operate as it is the sanctuary, support and finances that they receive which sustains their heinous and perverse acts,’ she added.





CJI flays ‘pervasive’ media coverage of terror attacks
http://www.indianexpress.com/news/cji-flays-pervasive-media-coverage-of-terror-attacks/544662/0
Express news service
Posted: Sunday , Nov 22, 2009 at 0320 hrs New Delhi:
Chief Justice of India K G Balakrishnan Saturday criticised the media for its “pervasive” coverage of terror attacks, saying it could provoke “disproportionate level of anger and irrational desire for retribution”.
“While it is fair for the media to criticise inadequacies in the security and law enforcement apparatus, there is also a possibility that resentment fuelled by media coverage can turn into an irrational desire for retribution,” the CJI said while speaking at a two-day International Conference of Jurists on Terrorism, which began here on Saturday. Balakrishnan said the symbolic impact of terrorist attacks on the minds of ordinary citizens had been considerably amplified by pervasive media coverage. “The proliferation of 24-hour news channels and the digital medium has ensured that quite often some disturbing images and statements reach a wide audience within a short span of time,” he said.
For instance, the CJI said, if terrorist strikes were attributed to individuals belonging to a certain ethnic or religious community then it may result in “unreasonable discrimination and retaliation” against ordinary members of that community. He said such a trend was clearly visible in US in the aftermath of the 9/11 attacks and has been the cause of communal violence in many instances in India.
Justice Balakrishnan said legal response to terrorism must be founded on a rational understanding of the underlying causes for such extremist behaviour. Knee-jerk responses such as clamping down on civil liberties or a spate of arbitrary arrests and increased surveillance over citizens can prove to be counter-productive, he added.
In such an atmosphere, the CJI said, it is only through calm deliberation and mutual tolerance that the legal systems of different nations can work together to tackle this problem.
President Pratibha Patil, Law Minister Veerappa Moily and eminent jurists from various countries, including Justice Awn S Al-Khasawneh of the International Court of Justice and Justice Chan Sek Keong, Chief Justice of Singapore, were also present at the conference.
Saudi envoy walks out after Ram Jethmalani’s remark
Saudi Arabian Ambassador to India, Faisal-al-Trad, Saturday walked out of an international conference of jurists here after former Union Minister Ram Jethmalani accused the Wahabi sect, to which the Saudi royal dynasty belongs to, of being responsible for terrorism.
Trad left the conference hall after Jethmalani said at the inaugural function of the conference that “unfortunately in the 17th century, they produced an evil man in Saudi Arabia by the name of Wahab, who was concerned about the decline of the Muslim world but he hit upon a wrong remedy”. The Ambassador, however, returned to the conference after Union Law Minister Veerappa Moily made it clear that Jethmalani’s remarks were personal and not that of the government.
While Jethmalani alleged that “Wahabi terrorism” indoctrinated “rubbish” in the minds of young people to carry out terrorist attacks and lamented that India had friendly relations with a country that supported Wahabi terrorism, Moily said terrorism could not be attributed to any particular religion.
Jethmalani said there had been Hindu terrorists and Buddhist terrorists and it was unfortunate that “the terrorist that the world is talking about is mainly Muslim”. “But let me make it clear that I am a student of all religions including Islam. I have the highest respect for the prophet of Islam, he was a man of peace,” he added.




Plea against transmission tower
http://www.expressbuzz.com/edition/story.aspx?Title=Plea+against+transmission+tower+on+Moula+Ali+Roc&artid=qfdTQq71Djk=&SectionID=xAV59odivTs=&MainSectionID=wIcBMLGbUJI=&SectionName=BUzPVSKuYv7MFxnS0yZ7ng==&SEO=

By Our Legal Correspondent
First Published : 21 Nov 2009 09:19:21 AM IST
Last Updated : 21 Nov 2009 11:19:36 AM IST

HYDERABAD: A Division bench of the High Court comprising Chief Justice AR Dave and Justice CV Nagarjuna Reddy on Friday issued notice to the government and the Hyderabad Metropolitan Development Authority to respond to a writ petition questioning the permission for construction of a tower on the Moula Ali Rock.
The petitioner, Apna Watan and Society to Save Rocks, said the transmission receiving tower on a rock was an insensitive approach to saving the rocks which was near the Moula Ali Dargah.The government has been given four weeks’ time to respond.
Land fee exemption to Kakinada SEZ challenged
The bench ordered issuance of notice on a writ petition questioning the exemption granted by the State Government to the Kakinada SEZ for payment of conversion fee for land use.
Watch Voice of People, an NGO, moved the court questioning the government order of Nov 10 which exempted the Kakinada SEZ from paying the fee for an extent of 8,321 acres. The petitioner contended that the total exemption was larger than the land notified for the SEZ initially.
The petitioner also pointed out that 60 per cent of SEZ land was for processing and 40 per cent for other purpose. Such an exemption under the AP Agricultural Land Conversion Act was only for the 60 per cent.
Even the manner in which the notification was issued was in violation of law, the petition said.
Recruit or shut down, Kakatiya varsity told
A division bench comprising Justice G Raghuram and Justice Ramesh Ranganathan faulted the Kakatiya University for not recruiting necessary staff on a permanent basis for its Informatics department. ``Recruit or shut down,’’ the bench said.
A writ petition was filed by a research scholar in economics Sridhar Kumar Lodha who said the department did not have professors and assistant professors.
Saying that a full-time faculty was not a ritual, the bench observed that not having it was subversion of academic standards.
It granted four weeks’ time to the university to complete its ongoing recruitment process and fill up faculty posts on a permanent basis.
Order for halt to work on Shamshabad burial ground
Justice CV Ramulu directed the Shamshabad municipality not to proceed with the construction of a burial ground. The petitioner, Sujata Bai, complained that the authorities cannot build a crematorium wherever they wanted and particularly in a residential area. The action was also challenged on the ground that construction of crematorium without a proper notification was illegal.
Nizamabad agency’s plea for EPIC work payment
The judge granted two weeks’ time to the authorities to respond to a complaint of its failure to make payments for production of electronic photo ID cards (EPIC) for voters in Nizamabad.
Sai Tirumala Agency, which had made the electronic photo ID cards in Nizamabad, said that even after the elections and the use of the IDs, the government was not clearing the bill of Rs 78 lakh. Tirumaleshwari, representing the agency, said even a legal notice failed to move the authorities which, instead of making payment, raised flippant quarries.






We were not given a hearing: Reddy’s mining firm
http://www.sindhtoday.net/news/1/74038.htm
November 21st, 2009 SindhToday
Bangalore, Nov 21 (IANS) Obulapuram Mining Company (OMC), owned by rebel Karnataka Tourism Minister G. Janaradhan Reddy, Saturday said it was not given an opportunity to present its version by the Supreme Court’s Central Empowered Committee (CEC), which recommended the controversial firm be asked stop illegal mining in Andhra Pradesh.
“The committee had no jurisdiction to submit such a report as there was no direction from the Supreme Court to that effect. The CEC is not even a party to the writ petition,” company managing director B.V. Srinivas Reddy said in a statement from Hyderabad.
In its report, submitted to the apex court, the committee said OMC had encroached upon mineral-rich areas outside their mining leases and was carrying out large-scale illegal mining in non-allotted reserved forest areas adjoining Obalapuram and H.Siddapuram villages in the border district of Ananthapur in Andhra Pradesh.
Terming the report hasty and biased, the company said the committee’s observations and recommendations were made without giving it an opportunity to present its version of facts.
“It is an ex-parte report since OMC was not heard before making such a report,” the company said in the statement.
The company also accused the committee of preparing the report unilaterally despite the Andhra Pradesh government requesting it Oct 5 to issue notices to it and other affected parties.
“For instance, it is clear that the prayers extracted in the first page of the CEC report and its recommendations have no relationship,” the company pointed out.
As the matter is sub-judice before the Supreme Court, the company said it was restraining from making any adverse comments on the CEC report.
Noting that the report was contrary to the Andhra Pradesh High Court judgements in 2008-09 and the Supreme Court order of Aug 24, the company said issues relating to environment were not dealt with.
“There is no green issue involved. The boundary dispute between two private firms (OMC and Bellary Iron Ores Ltd) is not the concern of CMC as the dispute is adjudicated by the Andhra Pradesh High Court. Its judgement became final as no appeal was made against it,” Reddy said.
The report was prepared following a writ petition in the Supreme Court by Tapal Ganesh of Bellary in north Karnataka against illegal mining activities carried out by OMC and three other mining firms in violation of the Forest (Conservation) Act.
“Mining activities should be permitted to be resumed only after fresh demarcation of the boundaries of the mining leases was completed,” the report recommended.
Janaradhan Reddy and his elder brother and state revenue minister G. Karunakara Reddy belong to Bellary though they originally hail from Ananthapur district.
The committee also pulled up the Andhra Pradesh government for ‘over-looking’ the illegal mining activities of OMC and other firms in the reserved forest of its border district. [LM1]





High Court grants injunction to halt three-storey construction
http://www.kaieteurnewsonline.com/2009/11/21/high-court-grants-injunction-to-halt-three-storey-construction/
November 21, 2009 By knews
The Eccles/Ramsburg Neighbourhood Democratic Council has secured an injunction against Mookram, who is constructing a three-storey house at Eccles, and the Central Housing and Planning Authority.The injunction has halted the construction of the building on Tract ‘A’ and Tract ‘B’, Plantation Peter’s Hall, East Bank Demerara. The injunction was granted on Wednesday in the High Court before Justice Franklin Holder.It will remain in force until December 8 when the defendants are expected to mount a challenge.The Eccles/Ramsburg NDC through its lawyers, Anil Nandlall, Euclin Gomes, and Manoj Narayan, are contending that the three-storey building being constructed is illegal, unlawful and in breach of and contrary to the provisions of the Local Government Act, Chapter 28:02. They further contend that the Planning Permission for Building Works granted by the CHPA to Mookram to construct a commercial kitchen is unlawful, illegal, null, void and of no effect.Reasons cited in the writ for the injunction are that the defendant has encroached upon the NDC’s land; that the building application form was not properly signed by the CHPA and that the land is a main drainage reserve.Additionally, on November 17, 2009, the Public Health Inspector issued a cease order under the Public Health Ordinance directed to Mookram to cease construction with immediate effect.The said plot of land was formerly owned by the Guyana Sugar Corporation and the same included a central drainage trench which was used to drain the Peter’s Hall locality.“Upon acquisition of the said plot of land in the year 2000, the First Named Respondent/Defendant commenced land-filling of the said drainage trench and a dispute immediately arose between the Applicant/Plaintiff and the First Named Respondent/Defendant in relation thereto.“As a result, the First Named Respondent/Defendant proposed to construct certain reinforced concrete drains which would act as a substitute for the drainage trench which was being filled,” the writ stated.“The First Named Respondent/Defendant (Mookram) is now in the process of constructing what appears to be a three (3) storied edifice without making any provisions or adequate provisions for suitable drainage facility in respect of the said plot of land.”Up until the injunction Mookram refused to comply with the said Cease Order.







PIL brings to fore poor health indicators in Gujarat
http://www.dnaindia.com/india/report_pil-brings-to-fore-poor-health-indicators-in-gujarat_1314050
Roshan Kumar / DNA
Friday, November 20, 2009 9:56 IST
Ahmedabad: Gujarat high court has admitted a public interest litigation (PIL) with regard to the poor health indicators and gaps in health infrastructure in Gujarat. The PIL was filed by Dinesh Bagda, chairperson of village social justice committee and a resident of Amreli.
The PIL draws attention to the poor health indicators and health infrastructure in general, and is concerned with various statistical aspects highlighted by the Health Review- Gujarat 2007-08 and other surveys and heath bulletin in particular.
The Health Review-Gujarat 2007-2008 conducted by the Commissionerate, Health, Medical Services and Medical Education, Gujarat, has puts forward startling facts described as under: (I) Maternal Mortality Rate (MMR) -- it is 172/lakh live birth, it means approx 24,000 (as per 2001 census) pregnant women lost their life due to maternity related reasons, which is very high. It suggests that the reach of public health services to such women, even in time of emergency, is either not accessible or not preferred by most families.
Similarly, the National Family Health Survey- III (2005-06), gives a disturbing picture of Maternal and Child health care in Gujarat. The health infrastructure in Gujarat as per the RHS Bulletin, March 2007, ministry of health & family welfare, government of India, discloses shortage of health personnel.
The PIL states that there is a vacancy of ANMs in 89 sub-centres of Amreli district alone. There exists a linear chain of poor public health infrastructure, which discourages people to avail public health facilities/services, and which in turn leads to poor public health condition.
The petitioner (Dinesh Bagda) has prepared certain data regarding the health condition of people in the state. The child mortality rate in the state is also very high. Around 1-20 children die within a year, while 1-16 children die before reaching five years of age. This apart, the infant mortality rate (IMR) in rural areas of Gujarat is 61 per cent higher than in urban areas of the state and girls face a higher mortality risk than boys. Similarly, the Ante-Natal Care (ANC) in the state is very poor; one in 8 women (13) delivers without ante-natal care. Of these 37 per cent belong to lower income group. Even when women receive ante natal care, they do not receive several other services needed to monitor their pregnancy.
Gujarat is also one of the few stateswhere full vaccination coverage has declined in the past seven years. BCG and measles vaccines have increased marginally, but the coverage of three doses of DPT and Polio has dropped. In spite of the Pulse Polio Campaign, one third of the country's children still haven't received the recommended three doses of polio vaccine.






Panchayat member files PIL against ‘poor’ health facilities
http://www.indianexpress.com/news/panchayat-member-files-pil-against-poor-health-facilities/543968/0
Express News Service
Posted: Friday , Nov 20, 2009 at 0137 hrs Ahmedabad:
An elected member of a gram panchayat in Amreli district filed a Public Interest Litigation (PIL) in the Gujarat High Court on Thursday against the “poor” public health infrastructure in the state.
According to the petitioner, Dinesh Bagda, this has resulted into poor public health condition. In the petition, Bagda has cited various figures related to the general public health scenario in Gujarat from the National Family Health Surveys (NFHS), Health Review- Gujarat 2007-08 and Rural Health Statistics (RHS) Bulletin, to indicate that the infrastructure of public health service needs to be strengthened significantly.
He has highlighted the figures on health related issues like child mortality rate, perinatal mortality rate, ante-natal care (ANC), quality of ANC visits, delivery care, post natal care, vaccination, childhood illnesses, and the source of medical care in the state. He has stated that one in every 20 children dies within the first year of life, whereas, the figures of perinatal mortality reveal that there are 40 deaths per 1,000 pregnancies. At the same time, one out of eight women in the state delivers a baby without any antenatal care. Only 14 per cent of the well-to-do households use the Public Health Centres as their source of medical care.
To improve the scenario, the petitioner has demanded a direction to the state government to fill up the vacancies and shortfall of health personnel such as auxiliary nurse maids (ANMs), female health workers, male health workers, physicians, surgeons, obstetricians, gynecologists, anesthetist, pharmacists, radiologists, pediatricians and other medical health personals in line with the Indian Public Health Standards (IPHS).
The court has kept the petition for hearing on November 23, according to the petitioner’s lawyer S P Majmudar.





Delhi govt favouring influential convicts: Delhi High Court
http://timesofindia.indiatimes.com/city/delhi/Delhi-govt-favouring-influential-convicts-Delhi-High-Court/articleshow/5250971.cms
PTI 20 November 2009, 02:52pm IST
NEW DELHI: Taking exception to the way parole was granted to Jessica Lall murder case convict Manu Sharma, the Delhi High Court on Friday pulled up the city government for giving preferential treatment to convicts having high connections.
Justice Kailash Gambhir said that in normal cases the government takes three to six months to decide a parole application of a convict but in case of Manu Sharma it disposed off his plea within 20 days. "The list (regarding number of parole applications) depicts a dismal picture showing the government is giving least priority to parole applications of convicts. No doubt the home department has given selective treatment to some convicts because of their high connections," Justice Gambhir said. The court made the observations on a petition filed by Sumeer Singh, a convict in the Connaught Place shooting case, seeking parole for three months to file an appeal in the Supreme Court against his conviction on the ground that his family members were illiterate. The court, showing displeasure over the lax approach of the government, had on November 10 issued notice to the city government's Home Secretary to personally appear before it to explain the delay in dealing with applications of parole despite its clear directives in this regard. The court had on the last hearing on November 10 taken strong exception to the government not following its directions with regard to parole matters. "Already this court has given direction that the parole applications moved by the convicts be given due priority and the same be decided within a period of 10 days and it appears that the directions given by this court are being implemented more in violations than in compliance," the court had said. The high court had also directed the government to file a list of parole applications received by it so far this year. Sharma, who was released on parole from Tihar jail on September 22 on the ground of his mother's illness, was reportedly spotted in a nightclub in a hotel in the city, triggering a controversy. He then returned to the Tihar Jail on his own on Novemeber 10.





Gujarat HC cancels exam for civil judges
http://www.dnaindia.com/india/report_gujarat-hc-cancels-exam-for-civil-judges_1314051
DNA
Friday, November 20, 2009 9:57 IST
Ahmedabad: Gujarat High Court has declared that the preliminary/elimination test conducted on November 1 for recruitment to the cadre of civil judges stands cancelled. The test for all eligible candidates who were issued call letters will be conducted again on January 17, 2010.
Earlier, the high court had invited online applications for competitive examinations to fill up about 121 vacancies. The candidates appearing for the competitive examination for the cadre of civil judges will now have to clear three tests. This includes the preliminary test, a main test and interview. Sources said that the examination was cancelled as out of four answers for a particular question the correct answer was indicated having smaller front size. Moreover, the high court has also decided that negative marking in the forthcoming examinations would be 0.35 mark instead of 0.50 mark for each wrong answer.
The civil judge examination this year has created confusion among candidates as the criteria for applying to the admission requires sanad (licenses). However, later it was clarified that candidates have to submit the sanad certificate only during the interview.
There are more than 3,000 fresh law graduates who have not yet received their sanad certificate. Fresh law graduates who have not received sanad certificate can appear in the test provided they have received the sanad number. Of the 121 vacancies, eight are reserved for scheduled castes (SC), 18 for scheduled tribes (ST), 33 for socially and educationally backward classes, and one post is for physically disabled candidates.





HC reserves order on Shashank’s appointment as cabinet secretary
http://www.indianexpress.com/news/HC-reserves-order-on-Shashank-s-appointment-as-cabinet-secretary/544086/
Express News Service
Posted: Friday , Nov 20, 2009 at 0428 hrs Lucknow:
The Lucknow Bench of the Allahabad High Court on Thursday reserved the order on a petition challenging the appointment of Shashank Shekhar Singh as cabinet secretary by the Mayawati government. Singh, a pilot-turned-bureaucrat, was also given the status of a Cabinet minister.
The PIL, filed by Shiv Prakash Shukla, also challenged the creation of the post of cabinet secretary by the UP government and appointment of a non-IAS officer for it.
Contending that the post of cabinet secretary may overshadow and undermine the post of chief secretary, who is governed by the All India Service Rules, the PIL argued that the accountability of cabinet secretary’s decisions, which will have financial implications, too, had not been fixed.
The petition also raised objection to giving Rs 30,000 salary to the cabinet secretary since it was higher than the maximum pay scale of an IAS officer in the state, which was then Rs 26,000, said petitioner’s counsel Altaf Mansor. Amid brewing resentment in the IAS cadre and legal implications, Singh later relinquished the status of cabinet minister and also chose to shed the powers of chief secretary that were conferred on him through an amendment. He, however, continues to be the cabinet secretary.






Rival BIOP moves HC to stop Gali’s OMC
http://timesofindia.indiatimes.com/city/hyderabad/Rival-BIOP-moves-HC-to-stop-Galis-OMC/articleshow/5249450.cms
TNN 20 November 2009, 06:30am IST
HYDERABAD: Bellary Iron Ores Pvt Ltd (BIOP), which has been involved in a running battle with Gali Janardhan Reddy-owned Obulapuram Mining Company on the issue of the territorial border between them, on Thursday filed a petition in the AP High Court seeking a direction to the state and central governments to stop the alleged illegal mining by OMC in the areas allotted to it. It also wanted a joint survey by various agencies to be conducted in the mining areas of the two companies and demarcate their areas after a scientific survey. The petition filed by BIOP’s CEO Sanjay Kumar Agarwal charged the OMC with taking away five million tons of high grade iron ore worth Rs 1,000 crore from the BIOP’s leasehold area of 27 hectares in Siddapuram village of Anantapur district in the last 22 months. The earlier orders of the AP High Court to conduct a scientific survey and to demarcate the areas allotted to OMC and BIOP were not implemented so far, the CEO said. Citing a recent showcause notice given to OMC by the division forest officer of Anantapur who categorically mentioned that the OMC had trespassed into BIOP area and conducted illegal mining, the petitioner prayed the court to stop all the mining activities by the OMC till the forest officers adjudicate the matter before them.





HC pulls up top cop over rape probe
http://timesofindia.indiatimes.com/city/delhi/HC-pulls-up-top-cop-over-rape-probe/articleshow/5248715.cms
TNN 20 November 2009, 05:20am IST
NEW DELHI: The Delhi High Court on Thursday ordered the Delhi Police commissioner to initiate an inquiry against police officials, including an SHO, for not arresting a political worker accused in a rape case, even a year after the incident. "The entire approach of the police in the present case amplifies that the police officials concerned did not take prompt action to arrest the accused either under some political pressure or for some other extraneous reasons,'' Justice Kailash Ghambhir said while giving the direction. Arif, who claims to be a Congress Party worker, had allegedly raped a 40-year-old woman in a moving car in northeast Delhi and a case was registered by her against him on April, 2008. The police did not take any action against him after he claimed as alibi that he was having a meeting with Delhi education minister at 8.30pm and it was not possible for him to reach the crime spot at 9pm when she was allegedly raped. The court pulled up the police for giving credence to his version as his meeting with the minister did not take place according to the scheduled time. "Higher officers are trying to shield the subordinate police officials who did not take proper action to arrest the accused. Let inquiry against all the erring police officers, including the then SHO, be directed by the police commissioner and action taken after proper inquiry,'' HC directed, asking the commissioner to file a status report by next hearing. The police arrested Arif after the court had on November 9 taken strong exception to their inaction in arresting Arif and sought an explanation from them. "It is quite shocking that the FIR in the present case was registered in April 2008, clearly naming the accused who as per the prosecutrix, had committed the said dastardly offence of rape and till date the police have not arrested him after more than one and half year has elapsed,'' the court had noted.





150 cases transferred from HC to Armed Forces Tribunal
http://www.indianexpress.com/news/150-cases-transferred-from-hc-to-armed-forces-tribunal/543998/
Express News Service
Posted: Friday , Nov 20, 2009 at 0224 hrs Chandigarh:
Nearly 150 cases related to the Armed Forces have been transferred from the Punjab and Haryana High Court to the Armed Forces Tribunal (AFT) bench in Chandigarh within three days of its becoming operational, taking the number of cases transferred to be around 180.
Most of the cases are from 2007 to 2009.
The first date of hearing for these transferred cases has been fixed on January 20 next year.
The bench began functioning from November 16 and only one of the total three benches is functional at present comprising one judicial and administrative member each.
The present members are Justice Ghanshyam Prasad, former judge of Patna High Court, Lieutenant General
A S Bahia, former Director General Military Operations and Quarter Master General.
Two more retired HC judges will be appointed in due course.
The jurisdiction of the bench extends to Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir and UT Chandigarh.
The tribunal has original jurisdiction over complaints and disputes regarding all service matters as also appellate jurisdiction over appeals arising out of verdicts of court martials.






HC fiat to CBI over Monica Bedi's bank accounts
http://timesofindia.indiatimes.com/city/mumbai/HC-fiat-to-CBI-over-Monica-Bedis-bank-accounts/articleshow/5248864.cms
TNN 20 November 2009, 03:34am IST
MUMBAI: The Bombay high court on Thursday directed the Central Bureau of Investigation (CBI) to explain why it had not defreezed the bank accounts of Monica Bedi, Bollywood actor and former girlfriend of gangster Abu Salem. "What right have you got to hold on to her money after she has been acquitted?'' said a division bench of Justice J N Patel and Justice Amjad Sayed. Monica in her application said that the CBI had frozen five of her accounts in the Versova branch of a bank following her arrest with Salem in Portugal and extradition to India in 2005. Her lawyer claimed she had been acquitted in all the cases and only one appeal was pending in the Supreme Court. The HC has asked the CBI to file an affidavit in the case in two weeks.






Corporator moves HC over stray dog menace
http://timesofindia.indiatimes.com/city/ahmedabad/Corporator-moves-HC-over-stray-dog-menace/articleshow/5248670.cms
TNN 20 November 2009, 02:58am IST
AHMEDABAD: "Save us from stray dogs in the city," a municipal corporator urged the Gujarat High Court on Thursday by way of filing a public interest litigation (PIL). The corporator from Jamalpur, Imran Khedavala sought directions from the high court to the AMC, its office-bearers and corporation's Control of Animal Harassment Department to quickly tackle the menace of canine bites that has become rampant in the city for the last few years. Khedavala has provided details of dog bite cases registered in government hospitals, the amount spent on sterilisation of dogs and the budget to deal with rabies. He has alleged that the officials and organisations in connivance misused the funds meant to provide medicine for rabies. Moreover, Khedavala also alleged that Rs 1.55 crore given to an NGO Animal Help Foundation for sterlisation programme for stray dogs has not become fruitful and there is no reduction in dog menace in the city. Despite spending a huge amount, the corporation has not been able to check dog population in the city. Khedavala sought proper guideline for AMC to tackle the menace of canine from the HC. The petitioner submitted before the court that over 50,000 cases of dog bites were reported in LG Hospital and nearly one lakh cases registered with VS Hospital during the last four years. He also mentioned the cases of rabies and deaths taken place due to dog bites in recent years. However, there was no mention of cases of canine bites registered in private and other government hospitals. The corporator said that the problem of stray dogs and dog bites can not be treated lightly, but the civic authorities are not paying any heed to the issue. Despite several representations, the AMC departments concerned do not just wake up to the problem. Hence, strict instructions from the court are necessary for the corporation. Khedavala also sought compensation to those killed due to rabies and those who were bitten by stray dogs. This compensation should be equivalent to that being given to 2002 riots victims. After hearing the petition, a division bench of acting Chief Justice MS Shah and Justice AS Dave instructed the municipal commissioner to come out with a plan to tackle the problem. If AMC does not follow these directions, Khedavala has been given liberty to move the court again, said his advocate.





HC seeks reporton illegal mining
http://timesofindia.indiatimes.com/city/nagpur/HC-seeks-reporton-illegal-mining/articleshow/5248729.cms
20 November 2009, 03:02am IST
Nagpur: The Bombay High Court's Nagpur bench on Thursday asked the state government to depute an officer of the rank of additional collector for inspecting illegal mining in Mahurzari. The court's directives came after the collector admitted that the illegal mining took place in the area and they had also fined the lease holders for this. A division bench comprising AP Lavande and Prasanna Varale then asked the government pleader Nitin Sambre to file an affidavit on additional collector's visit to the area in ten days. Shrikant Khandalkar was counsel for the petitioner. The court's directions came on a petition filed by social worker Umesh Chaube who had attached TOI reports pointing out that illicit felling of trees and excavation work were going on in area marked as Zudpi Jungle in Mouza Mahurzari. It had led to the approach road getting damaged. Over 22,400 trees were planted in this area by social forestry department in 1991-92 but due to illegal mining not one has survived. As per the petitioner, Khasra Nos 100 and 152 at Mouza Mahurzari in Nagpur are earmarked as hilly rock and reserved for cattle grazing. Since last couple years, rampant illegal excavation by some private individuals on this government property was going on. The villagers even lodged a complaint with the concerned authorities on July 14 last year. After this, the petitioners made a complaint to the collector seeking immediate action. The petitioners prayed for a high level inquiry by the CBI and action against guilty including government officials allegedly in collusion with offenders. During last hearing, the court had criticised government on its inept handling of 'sensitive' issue. It directed the government to verify the factual position in respect of illegal felling of trees and action to be taken against the responsible persons. Kohchade, Mistry acquitted again The kingpin in the Nagpur university's infamous fake marksheet and revaluation scam Yadav Kohchade and his accomplice Prakash Mistry were acquitted for second time in a week. The special court of VN Chavhan trying the scam cases also acquitted beneficiary student Jitendra Srivastav who was pursuing engineering from KITS Ramtek when the scam took place. Secy asked to file affidavit on Khapa forests The court asked the state secretary of energy and industries to file an affidavit in 10 days on what action it was taking on the collector's letter demanding permission to cancel licences of the lease holders engaged in the illegal mining in Khapa forests. A division bench of the court was hearing a plea filed by Umesh Chaube and others who alleged that the private lease holders were blatantly violating rules and regulations by engaging in excavation which should not be carried out within 200 metres from the bank of any river and also chopping several trees at Khapa forests in the process. The petitioners claimed that illegal excavation by the private lease owners on government and forest land was causing massive losses to the exchequer. Moreover, illicit tree felling in reserved forest was resulting in ecological balance being disturbed and precious national property being stolen. The petitioner had attached TOI reports to the petition and demanded a CBI inquiry into the affairs and registering of offences against officials concerned.






HC orders man to pay high alimony to meet price rise
http://www.indianexpress.com/news/hc-orders-man-to-pay-high-alimony-to-meet-price-rise/543951/
Express News Service
Posted: Friday , Nov 20, 2009 at 0127 hrs Ahmedabad:
Citing soaring prices of essential food items, the Gujarat High Court has upheld a lower court’s order asking a man to increase alimony to his wife from Rs 2,500 per month to Rs 3,000.
The petitioner has been identified as Chetan Solanki. He had moved the HC after a subordinate court ordered him to pay Rs 3,000 per month as maintenance to his wife from whom he has sought divorce. Solanki had claimed that his wife had asked for Rs 2,500 as monthly maintenance cost, but the court increased it to Rs 3,000.
Justice R R Tripathi dismissed the petition and observed, “…awarding of an amount of Rs 3,000 is not found to be excessive by any standard, more particularly, looking at the present day market price of essential food articles; potatoes are Rs 22 per kg, sugar Rs 35 per kg, tuver dal Rs 90 per kg, wheat flour Rs 15-18 per kg and lemon Rs 80 per kg.”
The court also pointed out that Solanki's claim that his wife had asked for Rs 2,500 was incorrect. It said his wife’s application in the revisional court states that she had asked a maintenance of Rs 10,000 .
Justice Tripathi observed: “The Court is of the opinion that the petition (of Solanki) is misconceived.”






Fali slams SC panel for ignoring judge who penned gay verdict
http://timesofindia.indiatimes.com/india/Fali-slams-SC-panel-for-ignoring-judge-who-penned-gay-verdict/articleshow/5249164.cms
Manoj Mitta, TNN 20 November 2009, 03:25am IST
NEW DELHI: While sharing a dais with Chief Justice of India K G Balakrishnan, senior advocate Fali Nariman recently attacked the Supreme Court collegium for its failure to promote the author of the historic homosexuality verdict, chief justice of the Delhi high court A P Shah. In a forthright speech at a public meeting on Monday, Nariman voiced a widely shared "disappointment" in legal circles over Shah becoming a casualty of the "vagaries of the present system of judicial appointments" despite being a "role model for all judges". Paying a left-handed compliment to the CJI, Nariman said that he also knew that Justice Balakrishnan did not "disagree with this assessment" of Justice Shah, who was also present on the dais at the function held in the National Law University in Delhi. According to the transcript of the speech made available to TOI, Nariman said, "The reason why I got this choleric thought off my chest is because I hate to speak behind anyone's back. Hence I thought it best to proclaim what I and many members of the bar think — here in the presence of the CJI, and not in his absence." Justice Shah is due to demit office in three months as the retirement age for high court judges is 62, while the corresponding age for their Supreme Court counterparts is 65. It is an open secret that, despite his sterling record as a high court judge in Mumbai and as chief justice in Chennai and Delhi, Shah has been overlooked because one of the members of the Supreme Court collegium thwarted his candidature in the give-and-take negotiations that go on behind closed doors. Nariman's broadside on the collegium went as follows: "I have always been of the firm opinion that he is a role-model for all judges and I say this in the presence of the Chief Justice of India, because I know he does not disagree with this assessment. The fact that Justice A P Shah is not yet in the Supreme Court is a God-send to the judges and lawyers of the Delhi high court but it is a matter of disappointment for the rest of us who have known him personally and this is only because of the vagaries of our present system of judicial appointments. In a bid to drive home the whimsicality of the appointment system, Nariman cited the "glaring example" of Justice A K Patnaik, who, unlike Justice Shah, could make it to the Supreme Court because the particular collegium member who had opposed him retired recently. Nariman pointed out that Justice Patnaik "was in line for appointment many vacancies ago - at least two years ago - but could not or would not be recommended only because one member of the collegium steadfastly refused to accept him for appointment as Judge of the Supreme Court. So he was over-looked — not once not twice but three times." That Justice Patnaik was immediately recommended by the newly constituted collegium, on the retirement of the member opposing him, "speaks volumes for the current judicial appointment procedure — making more comment superfluous". At a time when the collegium is already under a cloud for recommending Justice P D Dinakaran despite the allegations of land grabbing, Nariman said that as judges were opposed to the creation of an independent commission for judicial appointments, he would rather have the pre-1993 situation restored as the CJI then had the discretion to consult anybody and not be bound by the opinion of the senior colleagues forming the collegium.






RNRL Consents to Government Role in Gas Battle with Caveats
http://online.wsj.com/article/SB125862556068755347.html?mod=googlenews_wsj
By RAKESH SHARMA
NEW DELHI -- Reliance Natural Resources Ltd. Thursday conditionally agreed to the federal government being made a party in an ongoing legal dispute with Reliance Industries Ltd.
"We consent the government being a party, subject to inspection, discovery of documents and cross-examination," Mukul Rohatgi, a legal counsel for RNRL, told reporters after a hearing in the Supreme Court of India.
RNRL had earlier objected to the government being a party to the case, saying the government has no role in a dispute between two private companies.
The government wants to be a party in the RIL-RNRL legal dispute as this will entitle it to openly argue in the case and assert its sovereign rights over gas output from the D6 block in the Krishna Godavari basin, off India's east coast.
RIL -- which operates the D6 block -- is headed by Mukesh Ambani while RNRL is run by Anil Ambani.
RNRL says it has a right to buy 28 million metric standard cubic meters of gas per day at $2.34 per million metric British thermal units for his group's proposed power plant in north India's Dadri town, as per an agreement signed four years ago when the two brothers divided their late father's telecom-to-energy business empire.
But RIL says the company can't sell gas at $2.34 per mmBtu as its pricing and allocation is in the government's domain.
The Supreme Court Thursday began hearing RNRL's submission in the case after earlier having heard RIL and the government's plea.
"It is a saga of corruption and the government's total indifference to public interest," RNRL lawyer Ram Jethmalani said before the three-judge bench hearing the case.
RIL is locked in a separate legal battle with state-run power producer NTPC Ltd. in Bombay High Court. NTPC says it has a right to buy 12 mmscm/d gas at $2.34 per mmBtu under the terms of a tender floated in 2002-03 and won by RIL.
The federal government's lawyer, Gopal Subramanium, said Thursday the government will protect NTPC's interest in the case. The government will submit an affidavit in the top court clarifying its position, he added.
Write to Rakesh Sharma at rakesh.sharma@dowjones.com






HC notice to govt on illegal use of kolhus
http://timesofindia.indiatimes.com/city/allahabad/HC-notice-to-govt-on-illegal-use-of-kolhus/articleshow/5248439.cms
TNN 19 November 2009, 09:49pm IST
ALLAHABAD: The Allahabad High Court has asked the Uttar Pradesh government, UP Sugar Cooperative Cane Union Federation and others to file their reply in a writ petition challenging the operation and use of kolhus/crushers in the state. The court fixed December 10 next to hear this case. The West UP Sugar Mills Association, Meerut, and others had filed a writ petition seeking a ban on the use and operation of kolhus in the state on the ground that due to illegal operation of kolhus/crusher in UP, their sugar mills were not getting he required sugarcane. This order was passed by a division bench, consisting of Justice Prakash Krishna and Justice SC Nigam, on a writ petition of West UP Sugar Mills Association and others. The petitioners had said that kolhus were being operated illegally in UP, due to which the sugar canes were not adequately supplied to the sugarmills from their reserved sugarcane areas. The plea was that if operation of kolhus were not banned by the state government, then the sugar mills will be closed. The state government had opposed the writ petition saying that there was no need for licence for operating kolhus in any area of the state. It was said that as no licence was being issued to kolhus, their operation cannot be stopped. It might be recalled that a division bench of the Allahabad high court, consisting of Justice Amitava Lala and Justice Ashok Srivastava had given a judgement and had refused to hold that operation of Kolhus in the state was illegal. The court, however, had held that because of the operation of Kolhus, sugar mills may not be permitted to suffer.






Notice to CSIO director
http://timesofindia.indiatimes.com/city/chandigarh/Notice-to-CSIO-director/articleshow/5245024.cms
TNN 19 November 2009, 01:46am IST
CHANDIGARH: The failure of the central scientific instruments organization (CSIO) director to act against a scientist who was held guilty by a local court and sentenced to two years’ jail for sexual harassment of a woman colleague at the work place, had its echo in the Punjab and Haryana High Court here on Wednesday when a writ petition seeking directions for removal of the convicted person was taken up for preliminary hearing. The scientist, Piyush Kumar Awasthi, was convicted under section 354, 294 read with 341 IPC and sentenced to two years imprisonment and fine on July 15, 2009, by Manisha Jain, judicial magistrate (1st class), Chandigarh, for sexually harassing Aruna Attri, a technical officer with CSIO, at the workplace. The victim had lodged a complaint against the scientist on April 3, 2003, to at police station, industrial area, phase I, Chandigarh, after the accused followed her many times from the work place and vice versa and passed vulgar remarks, made obscene gestures, used abusive language against her besides making repeated telephone calls. An FIR was registered on October 27, 2003. Subsequently, the district and sessions judge, Chandigarh, granted bail to Avasthi, suspended the sentence but declined his prayer to suspend the conviction on September 25, 2009. Moving a writ petition, Attri alleged that the accused had become after no action was taken against him, and he was being shielded and protected by CSIO authorities. Her counsel submitted that by referring the case now to the committee constituted for checking harassment of women at their workplace, the authorities appear to be attempting to re-write the JMIC order of conviction, hence the plea for judicial intervention to direct the CSIO authorities. The counsel submitted that the respondent Avasthi deserved to be penalized by dismissal from service. After the preliminary hearing, justice Mahesh Grover issued notice for January 15, 2010, to the director CSIO, the director-general the council for scientific and industrial research (CSIR), New Delhi, and Piyush Kumar Avasthi.






PIL against state govt for inaction on H1N1
http://timesofindia.indiatimes.com/city/jaipur/PIL-against-state-govt-for-inaction-on-H1N1/articleshow/5256181.cms
Abhinav Sharma, TNN 22 November 2009, 06:36am IST
JAIPUR: A public interest litigation has been filed in the Rajasthan High Court challenging the state's "inaction" to curb thef swine flu menace and to provide free or cheap diagnosis of the flu (which costs nearly Rs 4,500 at each district headquarters) beside the SMS Hospital. The petition has been filed by a city-based advocate. He alleged that the state machinery has totally failed to prevent the deaths due to flue in the past one month, and that no action is being taken by the health ministry. The PIL is based on TOI reports. It has been mentioned in the PIL that the pathological lab at SMS Hospital only has the facility to diagnose the disease , and that there is a vital requirement of having flu detection machines in each government hospital at least in every district headquarters. "There are many persons and patients who show symptoms of H1N1 virus, and doctors advise them for tests, but it is not possible for all of them to have this test carried out as it is a costly affair," states the petition. It is also written that each district headquarters should have the provision of free and cheap masks at all government hospitals. The state government should take appropriate measures to have control over this epidemic. The petition also mentions that the state government should grant adequate compensation to the families who lost their dear ones to H1N1.







Sikh groups write to Obama, seek justice for 1984 victims
http://trak.in/news/sikh-groups-write-to-obama-seek-justice-for-1984-victims/26341/
by Indo Asian News Service on November 22, 2009
Chandigarh, Nov 22 (IANS) Two Sikh organisations have written to US President Barack Obama, seeking his intervention in getting justice for thousands of victims of the 1984 anti-Sikh riots by taking up the issue with Prime Minister Manmohan Singh when they meet this week.
In an open letter to Obama, US-based human rights advocacy group Sikhs for Justice and Punjab-based All-India Sikh Students Federation (AISSF) have urged the US president to take up the matter during Manmohan Singh’s US visit.
‘In November 1984, thousands of innocent human beings were killed, butchered, slaughtered, maimed and burnt in Delhi and more than 100 cities in 18 Indian states. The victims were only Sikhs and they were targeted and killed solely because of their religion. The killings were instigated and led by leaders who had taken oath under the Indian constitution to protect the lives of citizens,’ the letter says.
It names top Congress leaders like Kamal Nath, Arjun Singh, Arun Nehru, Vasant Sathe, Jagdish Tytler, Sajjan Kumar, H.K.L Bhagat and Dharamdas Shastri as ones found by inquiry commissions to be involved in organising and spearheading the killing of Sikhs.
The letter states that successive governments in India had shielded those behind the genocide and had even given them important public positions as a reward.
‘We are also getting a few Congressmen to sign the representation sent to President Obama,’ Sikhs for Justice’ legal advisor Gurpatwant Singh Pannun told IANS from New York.
Manmohan Singh left for the US Saturday as the first state guest of Obama at the White House. The two will hold talks Tuesday on bilateral, regional and global issues.
AISSF president Karnail Singh Peermohammed said here that Sikh organisations would continue to fight for the rights of the riot victims and to bring perpetrators of the 1984 riots to justice.
Thousands of Sikhs were killed in Delhi and other places across India in the four days of anti-Sikh riots that broke out following the assassination of then prime minister Indira Gandhi by her two Sikh bodyguards Oct 31, 1984.





Driver gives statement to cops on 'killed' Maoist
http://timesofindia.indiatimes.com/city/patna/Driver-gives-statement-to-cops-on-killed-Maoist/articleshow/5252372.cms
Alok Chamaria, TNN 21 November 2009, 03:26am IST
SASARAM: The charge of People's Union for Civil Liberties (PUCL) and other rights activists that Maoist Kamlesh Chaudhary had been killed in a fake encounter gained credence when the driver of the vehicle in which he was travelling appeared before the station house officer of Chenari police station in Rohtas district on Friday. Kamlesh, a CPI(Maoist) leader and carrying a cash reward of Rs 1.5 lakh on his head, was killed on November 9. The driver, Munir Siddiqui, of nearby Sabar village, claimed that UP Police had picked up five persons, including Kamlesh, as soon as the vehicle entered Uttar Pradesh on November 9. Confirming the driver's presence, Rohtas superintendent of police Vikas Vaibhaw said the former's statement had been recorded. He also assured PUCL of an impartial inquiry and extending full cooperation in the matter. Sources said after Kamlesh was killed at a forest in Obara of UP's Sonbhadra district by police in an alleged encounter, PUCL swung into action, describing the encounter as "cold-blooded murder". The PUCL, in a memorandum to the National Human Rights Commission (NHRC), alleged that UP Police had picked up five persons, including Kamlesh from a village under Chenari PS and killed him in a fake encounter. PUCL also requested NHRC to intervene and ensure the safe release of four others, who had also been picked up with Kamlesh. The PUCL feared that they might also have been killed in a fake encounter. In the meantime, the SHO of Chenari PS on the instructions of the SP also mentioned in the station diary the disappearance of some persons of the area on November 10. The hue and cry, raised by PUCL and other rights activists, forced police to release the others four days ago warning them of dire consequences if they dared to open their mouths. In his statement, Siddiqui claimed that police personnel in mufti spotted the vehicle at Naubatpur in UP's Chandauli district on November 9 and herded them on to another vehicle that was stopped by a policeman. The driver had to be freed near Obra when the tyre of his vehicle burst. Then, Rohtas police heaved a sigh of relief because PUCL had charged the SP with handing over Kamlesh to UP Police. PUCL requested the SP to conduct an impartial probe into Kamlesh's killing by UP Police because the vehicle and four others travelling with the Maoist belonged to Rohtas district and they went to Varanasi away from the SP's jurisdiction. The SP said police were also persuading Bharat Kharwar, who was also alleged to have been picked up by UP Police along with Kamlesh, to record his statement.





Securities Appellate Tribunal set aside charges of insider trading against former MD of Tata Finance
http://www.taxguru.in/sebi/securities-appellate-tribunal-set-aside-charges-of-insider-trading-against-former-md-of-tata-finance.html
Nov 21, 2009
The Securities Appellate Tribunal (SAT) has set aside charges of insider trading against Dilip Pendse, former managing director of Tata Finance, and his wife Anuradha Pendse and Nalini Properties. “The charges of insider trading against Dilip Pendse, his wife Anuradha Pendse and Nalini Properties, a company controlled by Anuradha’s family, have been set aside by SAT,” Dilip Pendse’s advocate V M Singh said.
The restriction which prevented Dilip Pendse from trading in the market has been set aside, Singh said.
Anuradha Pendse and Nalini Properties were alleged to have sold shares of Tata Finance in March 2001 on the basis of unpublished price-sensitive information related to the financial position of the company.
Dilip Pendse, the then managing director of Tata Finance and Anuradha were alleged to have leaked price sensitive information that Tata Finance had suffered a loss of Rs 79.37 crore consequent to its investment in Nishkalp Investment and Trading Company.
“On the basis of this information provided by Dilip Pendse, Anuradha Pendse and Nalini Properties (of which Anuradha Pendse is a Director) sold around 40,000 shares of Tata Finance at Rs 90 per share and made unjust profits on account of the said sale,” a Securities and Exchange Board of India (Sebi) order had said.
Sebi had restrained Dilip from accessing the securities market and prohibited him from buying, selling or otherwise dealing in the securities market for a period of five years from March 31, 2009, Singh said.






Excess insurance and transportation charges collected and includability of same in assessable value
http://www.taxguru.in/excise-duty/excess-insurance-and-transportation-charges-collected.html
Nov 20, 2009
Many a times the manufacturer of goods (Central Excise assessee) provides other services to the buyer and charges an amount for those services provided. The services may be like transportation of goods to the buyer premises, transit insurance of the goods, interest charges for the credit given to the buyer, Installation of the goods in the buyer’s premises etc. It may happen that cost incurred by the manufacturer assessee in providing these services is much less than what is charged by the manufacturer assessee for these services. The question is whether excess charges collected by the manufacturer assessee should be included in assessable value of the goods under Section 4 of the Act?
Under Section 4 of the Central Excise Act, 1944, the Central Excise duty has to be paid on the transaction value of the goods. Transaction value means the price actually paid or payable for the goods, at the time and place of removal. Thus when any amount is paid for transportation or insurance or interest for credit or for any other services, these are payments not for the goods but for the services provided by the manufacturer and hence these charges are not to be included in the assessable value under section 4 of the Act. Even when the amount paid is in excess to the cost incurred by the manufacturer supplier, the excess amount is profit earned by the manufacturer in course of providing these services. These profits are not in connection with the sale of goods but in connection with the services provided and hence this profit earned in not includible in the assessable value of the goods.
In Indian Oxygen Ltd. V/s Collector of Central Excise [1988 (36) ELT 723 (SC)] the Hon’ble Supreme Court held that duty of Excise is a tax on manufacturer, and not a tax on the profits made by a dealer on transportation and hence these profits earned are not includible in the assessable value. In Baroda Electric Meters Ltd. V/s Collector of Central Excise [1997 (94) ELT 13 (SC)], the Supreme Court affirmed this judgment and held that excess freight amount collected by the manufacturer is not includible in the assessable value of the goods.
In Empire Ind. Ltd. V/s collector of Central Excise [1997 (95) ELT 653], the Tribunal held that profit earned in a post-clearance activity, which has nothing to do with activity of manufacture is not includible in the assessable value of the goods. In this particular case the tribunal concluded that excess transportation charges collected over actual cost incurred is not includible in the assessable value. The tribunal, in this case, also held that interest charges collected for delayed payment by the buyer is not includible in the assessable value. In Sri Kaliswari Fire Work V/s Collector of Central Excise [1998 (98) ELT 93], the question of excess insurance charges come before the Tribunal, where in it held that excess insurance charges collected over actual incurred by the manufacturer is not includible in the assessable value.
In S.R. Jhunjhunwala V/s Collector of Central Excise [1999 (114) ELT 890], the Tribunal clarified the position of law and held that,
“ It is also found that the collector has held that only deduction of actual amounts of transportation costs and insurance charges are deductible under section 4 of the Act. However, this view is no more good law and stands settled against the department by the Supreme Court judgment reported in 1997 (94) ELT 13, Baroda Electric Meters V/s Collector cited and relied upon by the learned consultants. Though the judgment dealt with excess realisation of transport cost over actual, the same principle is applicable to the insurance charges also, as they have already been held to be non includible in the Supreme Court judgment Union of India V/s Bombay Tyre International 1983 (14) ELT 1896. The Supreme Court held that duty of Excise is on manufacture and not a tax on profit made on transportation. Therefore we hold that the amount received by the appellant in excess of actual transportation charges incurred by them in not includible in the assessable value.”
The Tribunal is following this position of law consistently and reaffirmed this view in many cases like Gomati Engineering Works V/s CCE [1998 (27) RLT 849], in Farm Fresh Foods Pvt. Ltd. V/s CCE [1998 (113) ELT 441] and in numerous other cases. In recent times also the Tribunal declared the same position of law in Transpect Industries Ltd. V/s Collector of Central Excise [2003 (162) ELT 1095], wherein the tribunal held that excess freight and insurance charges are not includible in the assessable value. In Appollo Tyre Ltd. Ltd. V/s CCE [2003 (160) ELT 836], the tribunal reiterated that duties of excise being leviable on manufacture only and such amounts being profits made on transportation is not includable in the assessable value. In Majestic Auto V/s Commissioner of Central Excise [2004 (166) ELT 172], the tribunal held that freight collected in excess of the actually freight charges incurred is not includible in the assessable value. Thus the law is well settled on this point and it is being consistently followed by the Hon’ble Tribunal.
On the basis of the ratio of these judgments, it can be argued that expenses incurred by the manufacturer and charged from the buyer, including any profit earned on there activities are not includible in the assessable value. It may be noted that the activity must be a post manufacturing and post clearance activity. Further the charges must be genuine and it mustn’t depress the assessable value.
It may be mentioned that the assessee must show these charges separately from the price of the goods. When these charges are shown separately or billed separately, the onus is on the department to establish that these transactions are not genuine or artificially depressing the prices. On the point of onus of proof the Tribunal held in CCE V/s Majestic Auto Ltd. [2002 (146) ELT 327] wherein it held,
“ In the present case, we are concerned with the determination of value under Section 4 of the Act as it was pointed out by both the sides. It is settled position of law that duty of excise is a tax on the manufacturer and not a tax on the profit made by a dealer on transportation. The department has not shown any evidence to show that the excess freight was nothing but part of the value of the goods and accordingly the differential amount was not includible in the assessable value.”
Thus it is clear that the onus is on the department to establish that excess charges are nothing but part of assessable value. However, when these charges are not shown separately, the onus in on the assessee to establish that these are permissible deduction under Section 4 of the Central Excise Act. In view of these, it is suggested that a separate bill should be raised for any other services provided by the manufacture assessee to the buyer of the goods.
Written by:- Advocate Rajesh Kumar. The author can be contacted on custom.excise@gmail.com , Web: www.rajeshkumar.co.in