LEGAL NEWS 11.04.2010

NCW ignores SC order on plight of widows
http://timesofindia.indiatimes.com/india/NCW-ignores-SC-order-on-plight-of-widows/articleshow/5782592.cms
Dhananjay Mahapatra , TNN, Apr 11, 2010, 03.22am IST
NEW DELHI: The National Commission for Women appears to step in everytime there is some atrocity against women but strangely, it has for the last 17 months ignored a Supreme Court order that had asked it to conduct a survey of thousands of widows living miserably in Vrindavan and Mathura. The apex court had also issued notices to the Centre and UP government on November 14, 2008, on a PIL filed by an NGO, which had quoted a TOI report presenting a pitiable picture of the widows who have been driven out of their homes after the death of their husbands. It had said that an estimated 5,000-10,000 widows were living like beggars in ashrams dotting the two holy cities and were being sexually exploited. The NGO through counsel Ravindra Bana had pointed out that a majority of the widows have nowhere to go and were living in abject poverty rendering them defenceless against exploitation. He had also drawn the court's attention to the fact that welfare schemes have not benefited these unfortunate women, who have virtually no social security or access to health care. Moved by the pitiable condition, the SC had in its order of November 14, 2008, said: "Various welfare organisations are helping them but still their condition is miserable and requires assistance from the state as well as from other voluntary organisations." "To get a fair and detailed information about these widows, we request the National Commission for Women to have a comprehensive survey of the problem and file a report within three months. The report should contain the age group of widows, their family background and all other information which are materially relevant for the purpose of this case," the court had said. The Supreme Court Registry tracked details of each of the hearings that took place after November 2008 and filed an office report with the apex court, which is again scheduled to hear the PIL on Monday. The office report says though the Centre and the NCW had been served with show cause notices, they have not yet entered their appearance before the apex court, which means both have not bothered to mark their attendance during any of the hearings. The UP government too has not filed any response to the PIL, the office report said, adding no report, as sought by the apex court, had been filed by the NCW. The matter would come up for hearing on Monday before a Bench headed by Chief Justice K G Balakrishnan. dhananjay.mahapatra@timesgroup.com






PIL against Ekalavya award dismissed
http://beta.thehindu.com/news/states/karnataka/article394152.ece
Staff Reporter
The Karnataka High Court on Friday dismissed a petition against two weightlifters who have been given the Ekalavya Award.
The State had given the 2007 award to Nayana and the 2008 award to Jyothi. This was challenged by Keerti D.K. and Geetha Bai who claimed that they had better credentials. Justice Ajit Gunjal dismissed the petition.







Dinakaran row: Sikkim lawyers seek CM's help
http://news.oneindia.in/2010/04/11/dinakaran-row-sikkim-lawyers-seek-cm-help.html
Sunday, April 11, 2010,13:20 [IST]
Gangtok, Apr 11: Sikkim lawyers have sought Chief Minister Pawan Kumar Chamling 'cooperation' to stall the posting of tainted Karnataka High Court Chief Justice PD Dinakaran.
Sikkim Bar Association president DR Thapa said, "We met the Chief Minister and submitted to him a copy of the resolution adopted by Bar Association members against the transfer of Dinakaran here and solicited his support for the campaign on the issue."
"We also explained to the Chief Minister how the transfer of Justice Dinakaran may affect the integrity of the judicial institutions in Sikkim," he was quoted by news agency as saying.The association members will also meet acting Governor MK Narayanan on Apr 14 to seek his help to stall Dinakaran's transfer to Sikkim.59-year-old, Dinakaran is facing charges of misuse of authority, corruption and land grab.Earlier this week, the Supreme Court had asked Dinakaran to go on a long leave and appointed Delhi High Court Judge Madan B Lokur as the acting Chief Justice of Karnataka High Court.With Dinakaran refusing to go on leave, the Supreme Court collegium on Thursday, Apr 8, suggested the proposal to transfer him to Sikkim.OneIndia News






Candidates start campaign for HC bar elections
http://timesofindia.indiatimes.com/city/chandigarh/Candidates-start-campaign-for-HC-bar-elections/articleshow/5783432.cms
TNN, Apr 11, 2010, 04.35am IST
CHANDIGARH: With the declaration of candidates for the annual general elections of Punjab and Haryana High Court Bar Association, Gurinder Singh Attariwala, Bhupinder Pal Singh Dhillon and Sarwan Gupta have staked claim to the coveted post of president. The three have launched their respective campaigns for the elections, slated to be held on April 23. While Dhillon is contesting for the first time, the remaining two are old players. The youngest 45-year-old Attariwala has been a vice-president earlier. Presently posted as assistant advocate general, Attariwala has promised to focus on developing more technological aspects like computerized judgments in the bar to enhance professional efficiency of the lawyers. While seniormost candidate Gupta, 60, who has already served as vice-president, secretary and joint secretary of the association, maintained that his aim would be to solve housing problems of advocates by setting up another group housing society adjoining Chandigarh for advocates. Riding on his 35 years of standing as a lawyer to stake his claim to be most experienced, 59-year-old Dhillon claimed that besides providing necessary facilities in the bar, his thrust would be on bringing transparency in its functioning. After scrutiny, 2,624 lawyers have been found eligible for voting. A committee under the chairmanship of former state bar council chairman advocate Jai Vir Yadav has been constituted to ensure smooth conduct of the polls. Meanwhile, a male lawyer, Vikas Malik, is contesting for the post of joint secretary, which was reserved for women.






HC to rescue of harassment victim
http://timesofindia.indiatimes.com/city/chennai/HC-to-rescue-of-harassment-victim/articleshow/5782942.cms
TNN, Apr 11, 2010, 04.51am IST
CHENNAI: Coming to the rescue of a steno-typist, who was transferred and her increments were cut after she had complained of sexual harassment by colleagues at work place, the Madras High Court has directed the labour department to probe the charges and take appropriate action. The steno said a labour inspector and a fellow-typist harassed her sexually and made sexual advances several times. When she resisted, she was even assaulted in office, in front of other colleagues. Her complaints and appeals evoked no response, in spite of the fact that she had quoted the Supreme Court's judgment in the Vishaka case, wherein the apex court had laid down a set of guidelines specifying the manner in which complaints of sexual harassment should be handled. Strangely, the woman employee's increment was cut for nine months, and later was issued a severe warning and transfer orders, on the ground that "she was making an unpleasant situation in the office, and that the action against her was to maintain smooth administration and dignity and decorum of the office." Challenging this decision, she moved the State Administrative Tribunal, which stayed the proceedings. As the SAT had been abolished, the matter has now come before the high court. Justice Chandru, noting that the authorities had not filed their counter for the past 10 years, said it was unfortunate that they had taken "such an obstinate stand contrary to the dictum laid down by the Supreme Court." She had spelt out the nature of sexual harassment faced by her, and she had named the culprits as well as the witnesses, who were her office colleagues, he said. Under these circumstances, as per the apex court, an employer is mandated to conduct an inquiry and take appropriate action, the judge said. Rejecting the labour authorities' contention that a discreet inquiry was held on her complaint, Justice Chandru said: "It does not speak well of the authorities, who disposed of such a complaint without conducting an inquiry as mandated by the Supreme Court. The argument that she has spoiled the office atmosphere and that she was let out with a severe warning do no good to the image of the authorities' office, which was created to oversee the welfare of labour working in other offices." Reiterating that it was the duty of the authorities to conduct an inquiry as per the Vishaka case guidelines, the judge then asked them to hold inquiry within a period of two months, and take appropriate action on the basis of the report.






HC says no to divorcee's Malabar Hill dreams
http://www.dnaindia.com/mumbai/report_hc-says-no-to-divorcee-s-malabar-hill-dreams_1369914
Hetal Vyas / DNA
Sunday, April 11, 2010 0:26 IST
Mumbai: A woman’s demand that her ex-husband buy her a home in Malabar Hill because she has got used to living in the posh locality, with her father, has been dismissed by the Bombay high court.
Disposing of an appeal filed by a practising lawyer, the HC ruled: “Merely because the father of the wife with whom she is put up stays in Malabar hill, she cannot claim residence in the same locality.”
The woman’s lawyer argued that the husband, an NRI who lives in New York, should either buy her client a flat in South Mumbai or Malabar Hill, or pay her Rs. 25,000 for monthly rent plus Rs25 lakh towards security deposit, so she could rent one. “She has been residing with her father at Malabar Hill. She and her son are used to reside in the posh locality of Malabar Hill. Therefore the husband is liable to provide her with an accommodation in the same area,” the woman’s counsel argued.
A division bench of Justice AP Deshpande and Justice RS Sondur Baldota rejected the ex-wife’s arguments.
The HC also upheld an order passed by a Bandra family court in 2004, reducing the monthly maintenance to the wife from Rs10,000 to Rs5,000.
Her estranged husband had argued that the wife is employed and earning a monthly salary of about Rs10,000. The husband also pointed out to the family court that the wife had all along suppressed the fact that she had been gainfully employed at a solicitor’s firm.
The wife, in the HC, argued that she pursued a degree in law only after separating from her husband in 1997 and later joined a solicitor’s firm. But the husband is still liable to pay her maintenance for the well-being of their minor son.
The HC agreed with the husband’s arguments and upheld the plea for a reduced maintenance for the woman. The judges did not interfere with the maintenance amount decided for the child. The husband has been directed to pay a monthly sum of Rs5,000 to the wife as well as the minor son.








HC asks govt to financially assist prisoner's family
http://www.ptinews.com/news/604662_HC-asks-govt-to-financially-assist-prisoner-s-family
STAFF WRITER 10:36 HRS IST
New Delhi, Apr 11 (PTI) The Delhi High Court has asked the city government to render financial assistance to a family, which is facing difficulty after its sole earning member was sent to jail for killing his cousin.A bench of justices Pradeep Nandrajog and Suresh Kait passed the order after Hemawati, wife of the convict, wrote a letter to the Court pleading for release of her husband as she was not able to run the family in the absence of Amit Kumar."....We direct that if the policy framed by the Ministry of Social Welfare, Government of NCT Delhi, permits some financial assistance to be rendered to Hemwati (wife), needful would be done," the bench said.





HC ruling on Endowment Commissioner powers
http://www.deccanherald.com/content/63205/hc-ruling-endowment-commissioner-powers.html
Bangalore, Apr 10, DHNS:
The Karnataka High Court has maintained that the Endowment Commissioner has no powers to nominate the trustees of temples where family traditions are followed.
The Court on Friday ruled that the commissioner has no power to do so under the Hindu Religious Endowment Act since the nomination is done by tradition. In the event of controversies, civil courts alone have the right to sort them out, said Justice Ajit Gunjal.ControversiesThe High Court’s order came while hearing a case pertaining to controversies with regard to the appointment of a trustee for the Mahatobara Veerabhadra temple at Hiriyadka Bomma Ravittu in Udupi district. After the passing away of the trustee Balakrishna Hegde the Endowment Commissioner appointed one Prashanth Hegde in his place. Questioning Prashanth Hegde’s appointment M Chittaranjan Das Hegde had filed the petition in the HC.





Ghosh to be CJ Uttarakhand
http://www.risingkashmir.com/?option=com_content&task=view&id=22398
Ishfaq TantrySrinagar, April 10: The posting of outgoing Chief Justice Barin Ghosh, who was scheduled to proceed to Sikkim High Court to interchange with Chief Justice Dr Aftab Saikia, has been altered at the eleventh hour by the Supreme Court Collegium. He has been 're-routed' and will now proceed to Uttarakhand HC.Meanwhile, a farewell dinner was hosted in honour of outgoing CJ by the State Government in Jammu Friday evening, in which - apart from the HC judges - many top bureaucrats from the state were present.Highly placed sources in Law department confirmed that “a notification about the change in posting of Justice Ghosh has been received”, adding “instead of proceeding to Sikkim HC, he would now be joining Uttarakhand HC.The virtual 'musical chair' in the higher judiciary resulted as the “controversial and tainted” Chief Justice of Karnataka HC, P D Dinakaran, facing an inquiry for corruption charges, squarely refused to proceed on leave as was advised to him by Chief Justice of India K G Balakrishan.To resolve the crisis, the SC Collegium decided to transfer Justice Dinakaran to Sikkim HC, where originally Justice Ghosh was scheduled to join. As per new orders, Justice Ghosh is now supposed to join Uttarakhand HC.Jostice Ghosh is to be replaced by CJ of Sikkim HC Dr Aftab Hussain Saikia. In fact, orders in this regard were issued by President of India Pratibha Patil through a presidential notification of April 1. As per the notification, Justice Aftab is scheduled to join as J-K CJ by or before April 13.On the other hand, Justice J S Khehar, who joined as CJ of Uttarakhand HC just four months ago on November 29, would now head Karnataka HC, replacing Justice Dinakaran.With corruption charges against him being inquired into, Justice Dinakaran could not have been sent to a major high court and the Collegium zeroed in on Sikkim HC, which has a total strength of three judges. In comparison, the sanctioned strength of Karnataka HC is 50 judges. On the flip side, there is very little judicial work in Sikkim HC, with a total pendency of 88 civil and criminal cases; whereas Karnataka HC's pendency is 1,56,030.In fact, the earlier transfer of JusticeGhosh to Sikkim HC was termed by the Bar Association as "punishment posting".Unhappy at the attribution of “punishment posting” attached with the Sikkim HC, Sikkim lawyers took exception to these remarks of KBA, adopting a resolution which stated that “Sikkim Bar members and the people here have been greatly pained with the insensitivity of J&K Bar”.Meanwhile, reports emanating from Sikkim suggest lawyers there are protesting the transfer of tainted Karnataka Chief Justice Dinakaran to Sikkim HC.






HC grants bail to Ranjit Bajaj
http://amritsarmetro.com/2010/04/10/hc-grants-bail-to-ranjit-bajaj/
By Kanchan Lakhani
Observing that a case of attempt to murder is not made out against Ranjit Bajaj, the Punjab and Haryana High Court granted him bail on Friday.
Making an oral observation, Justice S S Saron said, “I have read the file. A case under Section 307 of the Indian Penal Code (IPC) cannot be made out in this case.” He said the injury marks on Gurmohan Singh Bedi, the appellant, were simple injuries.
Bajaj was accused of assaulting Bedi, son of a sitting High Court Judge, at a party in February. After evading arrest for over a month, he was arrested from his residence on March 3 and has been behind the bars in Ambala jail since then.
The bail was, however, not challenged by either the Haryana Police, the Haryana law officer, or by Bedi’s counsel senior advocate R S Rai. In fact, the law officer left the court smiling even before the verdict was passed.





CJI neither confirms nor denies Collegium suggestion on
http://www.ptinews.com/news/604198_CJI-neither-confirms-nor-denies-Collegium-suggestion-on
STAFF WRITER 18:48 HRS IST
DinakaranKochi, Apr 10 (PTI) Chief Justice of India Justice K G Balakrishnan today virtually confirmed reports that the Supreme Court Collegium has proposed the transfer of Karnataka High Court Chief Justice P D Dinakaran, facing land grab charges, to Sikkim."We don't divulge these things to the press unless a final decision is taken by the President. Transfer is effected by the President. So, until that, it is only a proposal," Balakrishnan told reporters here.Justice Balakrishnan was asked about the Supreme Court Collegium's reported recommendation on shifting Justice Dinakaran to the northeastern state."Let them protest," he said when asked about the Sikkim Bar Association opposing the transfer of Justice Dinakaran and appealing to the Supreme Court to reconsider the move.The Association had yesterday decided to boycott the swearing-in of Justice Dinakaran as well as the Court he will preside over.






'Women Empow schemes should reach villages'
http://www.ptinews.com/news/604499_-Women-Empow-schemes-should-reach-villages-
STAFF WRITER 23:37 HRS IST
Kochi, Apr 10 (PTI) Chief Justice of India (CJI) K G Balakrishnan today said schemes to empower women should reach villages to support fight against various socio-economic problems hindering development in rural areas."Women's empowerment is essential to elevate people from the poverty line," he said while launching a project on 'Promotion of Women Empowerment and Rights to end violence against women in Kerala', He also suggested setting up of legal aid clinics in villages.Later inaugurating the 11-storey complex of the Kerala High court Advocates Association, the CJI termed as "unfortunate", the allegations by some advocates that government land was used for the complex and said advocates themselves should not try to put in such impediments.Even in the Supreme Court advocates chambers were in government lands, he said.The government had allotted about 12 acres of land last year to expand the facilities of the Apex Court.





Poverty greatest human rights violation in country : CJI

http://www.mathrubhumi.com/english/news.php?id=89874
Kochi : Chief Justice of India K G Balakrishnan today said poverty was the greatest human rights violation in the country. Addressing a gathering after launching a project on '' Promotion of Women Empowerment and Rights, To End Violence in the State'' of Kerala here, Justice Balakrishnan said ''poverty was the greatest human rights violation and allieviation of poverty was the main thing to be done.'' He said women empowerment was needed as it would help them fight against inequality, corruption, poverty and human rights violation. Justice Balakrishnan also urged all concerned to earnestly work towards bringing people above the poverty line. He also noted that various programmes and schemes were not reaching the needy and if the central schemes reached the needy it could have been 'good'. Justice Balakrishnan said prejudice against women was prevalent in Kerala though it was different from the prejudice present in states like Uttar Pradesh, Bihar and Rajasthan. He also noted that there should be an independent body to evaluate the working of various schemes and suggest ways and means to make them better. --UNI






State Judiciary in shambles”- CJI; Justice Dinakaran asked to go on leave; Justice Lokur takes over as acting CJ
http://www.barandbench.com/index.php?title=%E2%80%9CState%20Judiciary%20in%20shambles%E2%80%9D-%20CJI;%20Justice%20Dinakaran%20asked%20to%20go%20on%20leave;%20Justice%20Lokur%20takes%20over%20as%20acting%20CJ&page=brief&id=625&gn=0
Bar&Bench News Network
Apr 05, 2010
With allegations of land grabbing and corruption, Chief Justice of the Karnataka High Court, P.D. Dinakaran has been advised by the Supreme Court collegium to go on leave. Although Chief Justice Dinakaran was performing administrative functions only, there was considerable opposition from the members of the bar and bench over his role. The Hindustan Times today said that Justice Dinakaran is yet to take a decision on whether to take the advise of the collegium and go on leave. HT spoke to an undisclosed source who said “The Constitution does not provide for forced leave of judges. The Supreme Court can merely suggest in this matter, it has no powers to impose its decision. What has been proven against Justice Dinakaran so far?”
Acting Chief Justice of the Delhi High Court, Madan B. Lokur [pictured] is set to reprise the same role in the Karnataka High Court. Media had sought a clarification on whether a Chief Justice could be handed charge of two High Courts. The Chief Justice of India, K.G. Balakrishnan clarified that, “Justice Lokur is being sent only as acting Chief Justice. Our concern is the judiciary in the State is in shambles. We want things to be set right. Let us see how things go, and then we will decide.”
There are rumours that Justice Dinakaran is being transferred to Gauhati High Court. These rumours have sparked a protest, with Assam’s lawyer body taking to the streets in opposition to his transfer. Sailen Das, the General Secretary of All Assam Lawyers' Body said, ''We shall oppose the appointment of a controversial Judge as the Chief Justice of Gauhati High Court.”
This is not the first time a transfer to the Gauhati High Court is met with protest. A similar situation arose when three Judges of the Karnataka High Court, Justices V. Gopala Gowda, N.S. Veerabhadraiah and Chandrashekaraiah, in focus during the Mysore sex scandal popularly known as the ‘Roost’ sex scandal were rumoured to be transferred to Gauhati High Court. A lawyer at the Gauhati High Court, who chooses to remain anonymous told Bar & Bench, “The Gauhati High Court is seen as a punishment posting, although the High Court covers the North eastern states”
Ever since Justice Dinakaran was elevated to the Supreme Court in December, there has been a considerable debate in the manner and appointment of Judges to the Supreme Court. Eminent Jurists like Fali Nariman and Shanti Bhushan have raised voices against the Supreme Court collegium. Senior Advocate Prashant Bhushan is continuing his campaign for judicial accountability has called for the impeachment of Justice Dinakaran. Justice Dinakaran’s controversy refuses to die down with almost 75 MP’s now having signed the impeachment motion.
Can a Judge perform administrative functions if he recuses himself from judicial functions, why did the Madras and Bangalore Bar did not protest earlier when Justice Dinakaran was appointed as the Chief Justice of Karnataka High Court are some of the questions that remain unanswered. Along with Justice Dinakaran, the Supreme Court collegium has, and still is receiving flak about its opaque functioning. The collegium’s silence, bordering on reluctance to make a statement on matters relating to transparency is both frustrating and surprising.





Hurriyat rejects controversial J-K Inter-District Recruitment Bill
http://sify.com/news/hurriyat-rejects-controversial-j-k-inter-district-recruitment-bill-news-national-kekmkijbcca.html
2010-04-10 12:10:00
Mirwaiz Umar Farooq, leader of moderate faction of the All Parties Hurriyat Conference (APHC), has rejected the controversial Inter-District Recruitment Bill.
On Friday, the Jammu and Kashmir State Assembly had passed the Bill that bans inter-district recruitment.
Though it says that people from a particular district can seek jobs only within that district, but Farooq opposed the amendment in the Bill.
A new amendment keeps eight percent jobs reserved for the Scheduled Caste community.
"It is the responsibility of the All Parties Hurriyat Conference and mine; we cannot remain mum on steps which hurt the interests of Muslims in Jammu and Kashmir state. You are seeing how the government tried to get a bill passed, in which one area is being benefited and the other is neglected," Farooq said.
He expressed apprehensions about people from the Jammu region applying in the Kashmir Valley, which has negligible scheduled castes population and is a Muslim-majority region.
"We want to make clear that the state of Jammu and Kashmir is a Muslim majority province and any such step should not be picked up which compromises with the interests of Muslims," Farooq added.
Chaos prevailed in the Jammu and Kashmir Assembly on Friday even as the controversial Inter-District Recruitment Bill was adopted.
Various political parties expressed their unhappiness with the bill. The Bharatiya Janata Party (BJP) observed a shutdown in the Jammu region.
However, the National Conference (NC) and the opposition Peoples Democratic Party (PDP) have favoured the ban on inter-District recruitment. (ANI)







CAT rejects plea of R&AW officer seeking promotion
http://www.ptinews.com/news/604679_CAT-rejects-plea-of-R-AW-officer-seeking-promotion
STAFF WRITER 10:50 HRS IST
New Delhi, Apr 11 (PTI) The Central Administrative Tribunal has turned down a plea for promotion of a Research and Analysis Wing (R&AW) officer, saying he was not subjected to any discrimination with regard to service gradings.R&AW Additional Secretary C K Sinha approached the Tribunal seeking directions to the Centre to promote him to Special Secretary, contending that authorities treated him unfairly in awarding downgradings in ACRs.The Tribunal said the departmental promotions committee (DPC) after considering his candidature found him unfit for the post as his annual confidential reports (ACRs) were below the bench mark."We have carefully perused the ACRs of Sinha. In so far as the ACR for the period 1998-99 is concerned, the accepting authority has recorded the reasons for downgrading....