No 'serious exercise' by states to check silicosis: NHRC
PTI | 07:02
PM,Feb 14,2012
New Delhi, Feb 14 (PTI) National Human Rights Commission today rued that
states have not conducted any "serious exercise" to assess the
dimensions of silicosis and measures needed to prevent it. NHRC member P C
Sharma alleged there appears to be a nexus between employers and the government
machinery who in a denial mode continue to put under the carpet the number of
silicosis-affected workers in states. He was addressing the third regional
review meeting organised by the NHRC here on the progress made by the states on
the action taken by them to address the concerns relating to silicosis, a press
release said. Silicosis is a respiratory disease caused by inhaling silica
dust. Representatives from Bihar, Jharkhand, Chhattisgarh, Odisha and West
Bengal, Directorate General Factory Advice Services and Labour Institutes and
Directorate General of Mines Safety and NGOs participated in the meeting.
Sharma appreciated that there is some perceptible change in the approach of the
authorities in different states, he however, expressed concern that barring
Chhattisgarh no Chief Minister of the other participating states was informed by
the departments concerned about the enormity of the problem relating to
silicosis, the release said. The NHRC is keen to know the results on the ground
and not just the policies which are being framed, he said. Appreciating the
role of NGOs and civil society in this regard, Sharma said they should also try
to bring these cases to the knowledge of appropriate authorities in the
respective states. Green Tribunal flags red for OPG’s power plant
Express
news service : Ahmedabad, Wed Feb 15 2012, 07:48 hrs
The National Green Tribunal (NGT) has stayed OPG’s planned 300 MW coal-fired power plant on Kutch’s Mundra coast until the company obtains all necessary clearances, including additional clearances for any technical changes the company may have in mind.
After the company’s lawyer proposed to the tribunal that the company could possibly deviate from the original plans and build its intake and outfall channels away from forest land, which is required now, the NGT laid down another direction; OPG would have to apply for clearances for the changes so made, and the concerned authority would have to dispose of this within four months.
If, on the other hand, the OPG chooses to stick to its original plan, which requires about three hectares of forest land, then applications would have to be made and the authorities would dispose of this within two months, the tribunal also ruled.
High Court Bench clarifies order on power of police
A direction issued by the court to the police to defer from harassing
an individual does not mean that the latter are prevented even from exercising
the power of investigation and authority vested on them under Section 160
(power to summon witnesses) of the Code of Criminal Procedure (Cr.P.C.), the
Madras High Court Bench here has clarified.
Justice K.K. Sasidharan made the clarification while disposing of
a petition filed by Tirumangalam Taluk police inspector seeking a direction to
a woman to cooperate in locating her house at Chittoor in Andhra Pradesh as her
husband was a suspect in a case related to an attempt on the life of former
Deputy Prime Minister L.K. Advani by planting a pipe bomb under a causeway at
Alampatti near here on October 28.
The woman had filed a writ petition earlier and obtained certain
directions to the police with regard to summoning her for interrogation.
However, claiming that she was not divulging the details about her residence,
the inspector had filed the present petition seeking a direction to the woman
to accompany a Special Investigation Team to Chittoor.
Clarifying his earlier order, the judge said: “It is true that
this Court has issued certain directions to safeguard the interest of the
respondent. However, that does not mean that the Investigating Officer is
deprived of his right to conduct an investigation and for the said purpose, to
require the attendance of persons who are acquainted with the facts and
circumstances of the case.”
“The directions were issued to protect the life and liberty of
the respondent. But at the same time, the power of the Investigating Officer to
conduct a fair investigation in the matter was preserved. The police are given
a free hand in the matter of investigation. Even the Courts cannot direct the
police to conduct investigation in a particular manner. The investigation is a
prerogative of police.”
“The Cr.P.C., therefore, deals with the authority of the police
to investigate a cognizable offence and at the same time, it protects the right
of witnesses and the accused. There is no dispute that the freedom of
individuals must give way to larger public interest and the security of our
country.”
The judge also recorded the submission of the woman's counsel
that she would cooperate with the investigating officer.
HC dismisses bank appeal
Petitioner Vadiraj Shetty, SCDCC and others questioned the single
bench order and the government order in connection with the splitting of South
Canara District Central Cooperative Bank Limited and formation of a separate
District Central Cooperative Bank for Udupi district.
The state government does not have any power to split the SCDCC
Bank, they claimed. The government had issued orders to set up a separate
Central Cooperative Bank for the district in the past by splitting the SCDCC
Bank. The High Court had stayed the operation of the order after the SCDCC Bank
filed a writ petition against the move. During the hearing on August 11, 2011,
the High Court single bench had dismissed the writ petition and upheld the
government order. Questioning the single bench order, they again they filed an
appeal before the division bench.
Arguments heard
in Google, Facebook case
Showing
of objectionable content by social networking sites and websites like Facebook
and Google affects religious sentiments of crores of Indians, Delhi Police
Tuesday told the Delhi High Court.
Justice Suresh Kait was hearing a plea filed by Facebook and Google challenging a trial court's order to prosecute them for allegedly hosting objectionable content.
Advocate Naveen Sharma, appearing for police, said that in October last year the government called the representatives of Google, Facebook and other websites and asked them to remove the objectionable content, but the companies did not comply.
Counsel of Facebook and Google asked the government why it was intervening in the case.
A company's counsel said: "In case of private companies, I have not seen Union of India rush into matters like this."
"We are curious as to why the government of India has become a party to a case between private parties?"
The court would next hear the case Feb 16.
The government in its reply before the trial court had sanctioned prosecution of social networking sites and websites like Facebook, Google, Microsoft and Yahoo India over objectionable content on their sites.
Petitioner Vinay Rai approached the trial court to remove objectionable content from 21 websites including Facebook, Google, Yahoo and YouTube. Among these, 12 websites are of foreign-based companies.
Metropolitan Magistrate Sudesh Kumar summoned the accused companies to face trial for allegedly committing offences punishable under the Indian Penal Code sections 292 (sale of obscene books and material) and 293 (sale of obscene objects to young person).
The trial court observed that the material submitted by the complainant contained obscene pictures and derogatory articles pertaining to Hindu deities, Prophet Mohammad and Jesus Christ.
Justice Suresh Kait was hearing a plea filed by Facebook and Google challenging a trial court's order to prosecute them for allegedly hosting objectionable content.
Advocate Naveen Sharma, appearing for police, said that in October last year the government called the representatives of Google, Facebook and other websites and asked them to remove the objectionable content, but the companies did not comply.
Counsel of Facebook and Google asked the government why it was intervening in the case.
A company's counsel said: "In case of private companies, I have not seen Union of India rush into matters like this."
"We are curious as to why the government of India has become a party to a case between private parties?"
The court would next hear the case Feb 16.
The government in its reply before the trial court had sanctioned prosecution of social networking sites and websites like Facebook, Google, Microsoft and Yahoo India over objectionable content on their sites.
Petitioner Vinay Rai approached the trial court to remove objectionable content from 21 websites including Facebook, Google, Yahoo and YouTube. Among these, 12 websites are of foreign-based companies.
Metropolitan Magistrate Sudesh Kumar summoned the accused companies to face trial for allegedly committing offences punishable under the Indian Penal Code sections 292 (sale of obscene books and material) and 293 (sale of obscene objects to young person).
The trial court observed that the material submitted by the complainant contained obscene pictures and derogatory articles pertaining to Hindu deities, Prophet Mohammad and Jesus Christ.
Notification on recruitment of judges upheld
Originally, advocate R Krishnamurthy, in his PIL, sought to quash the entire records relating to the Home Department notification dated January 21 last and for a direction to the government to issue a fresh notification.
Krishnamurthy contended that the notification, granting permission to the High Court to make the recruitment directly, made certain relaxations with regard to educational qualification and to the fresh law graduates.
It stipulated that the practising advocates should have a minimum experience of three years in the Bar.
But, for fresh law graduates, no such experience was prescribed. Hence, the notification was highly illegal, unlawful and could not be sustained in law, he contended.
The counter said that the qualifications for the two categories were fixed by the appointing authority after an extensive consideration of all the relevant factors including the recommendations of the Law Commission and were based on reasonable and sound classification and did not suffer from any infirmity. It was only a one-time measure, adopted to the limited extent of enabling the High Court to substitute the role of the TN Public Service Commission.
The experience clause had been dispensed with only with a view to roping in the best available talent. It was well settled that it was for the rule making or the appointing authorities to prescribe the qualification for recruitment and the same could not be questioned, the counter added.
Flaws in recovery policy of banks'
MUMBAI: The Reserve
Bank of India (RBI) has found shortcomings in the recovery policy of a few
banks.
In an affidavit filed in the apex court on February 10, the finance ministry stated "in certain cases the value of security indicated in the settlement proposals is much less than the value arrived at the time of advance, indicating unrealistic valuation of security either at the time of sanction of the credit limit or at the time of compromise settlements."
The SC was hearing a PIL filed by Richie Shoaib Sequeira stating that there was no strict vigil by the finance ministry and RBI while writing off loans and one-time settlements. According to the plea, the finance ministry has not framed rules while writing off loans, which smack of corruption.
The affidavit mentioned that there were instances where a few banks did not have a separate recovery policy. "Sometimes, the net worth of the borrowers and guarantors had either declined drastically or become nil at the time of compromise indicating inadequate evaluation of the borrowers' net worth at the time of sanction." Although the security was available in many cases of compromise settlements, the bank had not made adequate efforts to realize the security and it did not examine the staff accountability in many cases, the affidavit said. The RBI does not have any control over the discretionary powers of the bank, the sworn statement said.
In an affidavit filed in the apex court on February 10, the finance ministry stated "in certain cases the value of security indicated in the settlement proposals is much less than the value arrived at the time of advance, indicating unrealistic valuation of security either at the time of sanction of the credit limit or at the time of compromise settlements."
The SC was hearing a PIL filed by Richie Shoaib Sequeira stating that there was no strict vigil by the finance ministry and RBI while writing off loans and one-time settlements. According to the plea, the finance ministry has not framed rules while writing off loans, which smack of corruption.
The affidavit mentioned that there were instances where a few banks did not have a separate recovery policy. "Sometimes, the net worth of the borrowers and guarantors had either declined drastically or become nil at the time of compromise indicating inadequate evaluation of the borrowers' net worth at the time of sanction." Although the security was available in many cases of compromise settlements, the bank had not made adequate efforts to realize the security and it did not examine the staff accountability in many cases, the affidavit said. The RBI does not have any control over the discretionary powers of the bank, the sworn statement said.
Direction on negative voting
now could confuse voters: HC
HT
Correspondent, Hindustan Times
Mumbai, February 15, 2012
Mumbai, February 15, 2012
Stating that any direction at this hour will create
confusion in the minds of voters, the Bombay high court (HC), on Tuesday,
refused to grant interim relief to a petitioner seeking inclusion of negative
voting option in the Electronic Voting Machines (EVMs). The court was hearing a
petition filed by Thane resident Aparna Bedekar, which
takes exception to an order regarding the use of EVMs passed by the state
election commission (SEC) in January 2005. The procedure would inadvertently
breach the secrecy of the voter, it states.
The court said that it would not pass any order at
the eleventh hour as it could cause confusion in the minds of voters. “You
should have come early. What about the entire election process? Will you take
its responsibility?” the court asked the petitioner. Another division bench had, last week, admitted the PIL seeking inclusion of negative voting option in the EVMs.
The Election Commission had earlier informed the court that it would not be possible to facilitate the inclusion of ‘negative vote’ or ‘none of the above’ option in EVMs during the upcoming civic polls.
PIL filed against Upa Lokayukta appointment
The petitioners, advocates Ananda Murty R and Janekere C Krishna, have stated in their plea that the appointment of the Upa Lokayukta was illegal according to section 3 sub clause 2 of the Lokayukta Act, 1984.
“The Act says that five persons, including the High Court Chief Justice, leaders of Opposition and chairpersons of both Houses of the Legislature, and the chief minister must be consulted before appointing the Upa Lokayukta.
“However, in this process the most important person, the HC Chief Justice was not consulted,” they contend.
‘Discretion Must in Appointments’Meanwhile, in Hassan, H D Deve Gowda blamed the High Court CJ, state government and Justice Chandrashekaraiah for the controversy over appointment of the Upa Lokayukta.
PIL
seeking audit of RIL’s KG basin contract rejected
HT Correspondent, Hindustan Times
Mumbai, February 15, 2012
Mumbai, February 15, 2012
A public interest litigation seeking
a comprehensive audit by the Comptroller and Auditor General of India (CAG)
into the contract awarded to Reliance Industries Ltd (RIL) for exploring the
Krishna-Godavari basin oil fields was rejected on the grounds of being
premature by the Bombay high court.
The division bench of chief justice Mohit Shah and
justice Roshan Dalvi, however, directed the petroleum ministry to speed up
proceedings it had initiated following a report prepared by the CAG on the
special audit of the Production Sharing Contract with RIL. The court has set
December 31, 2012 as a deadline for the Centre to appoint an expert in case any
dispute arises between the Centre and RIL over CAG findings.City resident Shrikant Padhi had filed the PIL contending a complete process of special audit by CAG was scuttled because of non-cooperation on part of RIL, which did not make their records available for the special audit. His counsel, Ashish Mehta, pointed out that the CAG has, in its report, castigated the Centre for turning a blind eye to several purported illegalities committed by RIL.
Mehta pointed out from the CAG report that under the Production Sharing Contract, it was mandatory for RIL to relinquish 25% of the area before moving to the next phase. They have moved now to a third phase without relinquishing any area from the earlier phases, the lawyer submitted.
Central government counsel Rui Rodrigues, on the other hand, stated that the CAG report had been tabled in Parliament and is presently under examination of the Parliamentary Accounts Committee.
Punjab prepared Nayagaon master plan under MLAs’ pressure, says UT
: Wed Feb 15 2012, 04:21 hrs
Intensifying its scathing attack against the Punjab
government for allowing Tata Camelot to come up in a “controlled area”, the
Administration today accused Punjab of preparing the master plan of Nayagaon
keeping the Tata Camelot project in mind. Senior standing counsel for UT
Administration, Sanjay Kaushal alleged that the Punjab government buckled under
the pressure of it’s MLAs to prepare the master plan of Nayagaon to benefit Tata
housing corporation. “The master plan for Nayagaon was not made for its
residents but was made keeping the project (Camelot) in mind,” Kaushal averred.
The allegation was made during the resumed hearing of a public interest
litigation (PIL) filed by Advocate Aalok Jagga challenging the housing project
to come up in Kansal. On a pointed query put by a division bench comprising
Chief Justice Ranjan Gogoi and Justice Mahesh Grover as to whether the
Chandigarh Administration was “helpless” when the master plan was made, Kaushal
replied in the affirmative. The “helplessness” of Administration was, however, questioned by the division bench. The Bench questioned Kaushal what the “champions of Edict” of Chandigarh were doing when the land belonging to MLAs was transferred for construction of the project. The Administration counsel added that as per the master plan, no high-rise building is allowed to come up within one km of the Capitol Complex. Kaushal alleged that since Punjab knew that the Tata Camelot project is located within 1.9 km of the Capitol Complex, it kept the embargo on construction of high rise building at 1 km. The master plan for Nayagaon was notified on January 2, 2009.
Speaking for the Bench, Justice Mahesh Grover questioned why the UT Administration never raked the issues of threat to heritage of the city before the Court. Justice Grover remarked that the Court has been given the impression that the authorities have abdicated their responsibilities. The Court also asked whether any construction other than the old building of the High Court is not a “blatant violation”. Referring to the vision of French architect Le Corbusier, heavily relied upon by the Administration, Justice Grover questioned “where was the vision at that time” to construction the new building of High Court.
Sanjay Kaushal submitted that it was highly “unfortunate” that Punjab and Haryana are jointly trying to destroy their “jewel” (Chandigarh). He said that despite the development by Punjab and Haryana had not received a green signal from the co ordination committee (comprising of members of UT, Punjab and Haryana).
He added, “Heritage knows no boundaries. Punjab and Haryana should protect Chandigarh for the next generation.” Responding to this, the Bench orally remarked that “heritage cannot be made the foundation of a judicial order”.
Using his wit, Congress spokesperson and senior lawyer, Abhishek Manu Singhvi, appearing on behalf of Tata Housing development company launched a counter attack on the petitioner for filing a “premature” petition. Taking a dig at the “bleeding hearts” of those who have challenged Camelot, Singhvi said that without preparing the master plan for the city, the UT Administration cannot collaterally challenge the master plan of Nayagaon. He questioned why the Chandigarh Administration did not challenge the master plan of Nayagaon and that malafide cannot be alleged against a statute. Singhvi said that the master plan is a statute and that the co ordination committee has no legal sanctity. He contended that the present petition is an attempt to get some observations from the Court on the project. He added that the petition is a “deliberate attempt to make the Court a licence issuing authority”. The PIL will come up for resumed hearing on Wednesday.
Ugrappa hits out at BJP
MANGALORE:
Former leader of the opposition in the state legislative council V S Ugrappa
has sought a Central Bureau of Investigation (CBI) probe into reasons
attributed by senior counsel B V Acharya for stepping down as Karnataka's
advocate-general (AG). Acharya was the special public prosecutor in the
disproportionate assets case involving Tamil Nadu chief minister Jayalalithaa.
He chose to step down from the AG post citing pressure mounted on him by BJP
leaders to quit as special prosecutor. "The BJP, which is striving to take
moral high ground by attacking the Congress-led UPA government on the 2G
spectrum, should reveal who brought pressure on B V Acharya to step down as
special PP," Ugrappa told reporters on Tuesday.
Terming this "interference in the process of delivering justice in a corruption case", he urged chief minister D V Sadananda Gowda to come clean on it.
The chief minister on Sunday had told the reporters here that the state government had requested B V Acharya to step down from one of the two posts that he was holding in view of a PIL filed in the high court. Acharya had refused to quit as special PP as the chief justice of Karnataka High Court pursuant to directions from the Supreme Court had entrusted him the role.
Referring to the report submitted by then Lokayukta Justice Santosh Hegde on illegal mining in the state, Ugrappa said as per Section 12 of the Lokayukta Act, the government should have submitted the action taken report to the office of Lokayukta in three months.
He dubbed the move to set up a house committee to investigate the porn gate scandal eyewash and said Speaker K G Bopaiah rather should have utilised inherent powers vested with him to disqualify the errant ministers.
"There are several precedence of this sort where presiding officers of legislatures and Parliament have acted against the errant law makers," he said, adding the whole process smacks of a cover-up intended to save the leaders involved.
Terming this "interference in the process of delivering justice in a corruption case", he urged chief minister D V Sadananda Gowda to come clean on it.
The chief minister on Sunday had told the reporters here that the state government had requested B V Acharya to step down from one of the two posts that he was holding in view of a PIL filed in the high court. Acharya had refused to quit as special PP as the chief justice of Karnataka High Court pursuant to directions from the Supreme Court had entrusted him the role.
Referring to the report submitted by then Lokayukta Justice Santosh Hegde on illegal mining in the state, Ugrappa said as per Section 12 of the Lokayukta Act, the government should have submitted the action taken report to the office of Lokayukta in three months.
He dubbed the move to set up a house committee to investigate the porn gate scandal eyewash and said Speaker K G Bopaiah rather should have utilised inherent powers vested with him to disqualify the errant ministers.
"There are several precedence of this sort where presiding officers of legislatures and Parliament have acted against the errant law makers," he said, adding the whole process smacks of a cover-up intended to save the leaders involved.
Mullaperiyar: Kerala seeks time to submit report
Last Updated: Wednesday, February 15, 2012, 13:43
Chennai: The
Supreme Court-appointed empowered committee on Mullaperiyar dam met on
Wednesday to examine various technical reports on the safety of the
116-year-old structure.
According to reports, the Kerala government submitted a plea to the empowered committee seeking more time to submit its report.
The Oommen Chandy government of Kerala has asked for more time to conduct tests on the current status of the dam, saying that tests were still continuing on the Mullaperiyar Dam.
The empowered committee report will be finalised once tests on the Mullaperiyar Dam are over.
Kerala insists that until the tests were completed, it will be difficult to finalise a report.
According to reports, the Kerala government submitted a plea to the empowered committee seeking more time to submit its report.
The Oommen Chandy government of Kerala has asked for more time to conduct tests on the current status of the dam, saying that tests were still continuing on the Mullaperiyar Dam.
The empowered committee report will be finalised once tests on the Mullaperiyar Dam are over.
Kerala insists that until the tests were completed, it will be difficult to finalise a report.
The
committee, headed by former Chief Justice of India AS Anand, and comprising
five members, including representatives from Tamil Nadu and Kerala, is expected
to recommend measures aimed at ending the decades-old dispute between the two
states in its report to the Supreme Court.
The panel's report will decide the fate of the 116-year-old dam, which has flared up tension again in recent days threatening to strain relations between Tamil Nadu and Kerala.
The panel could not complete its report during its two-day session last month and terefore, decided to meet again on February 15.
The panel's report will decide the fate of the 116-year-old dam, which has flared up tension again in recent days threatening to strain relations between Tamil Nadu and Kerala.
The panel could not complete its report during its two-day session last month and terefore, decided to meet again on February 15.
Kerala
representative in the panel, K T Thomas, told reporters, “As the committee's
term ends on February 29, we want to complete the final report and submit to
the Supreme Court before that."
The committee has assigned each member "a certain task" for the final preparation of the report. "The final report will be unanimous," Thomas assured.
During its previous meetings, the committee considered the reports of the studies and investigations conducted by various agencies it had constituted to go into the dam's safety. It also discussed the report of the two technical members who inspected the dam after Kerala raised apprehensions about its safety following mild tremors in the area. The committee discussed the applications filed by Kerala and Tamil Nadu and took their submissions on record.
With Agency Inputs
The committee has assigned each member "a certain task" for the final preparation of the report. "The final report will be unanimous," Thomas assured.
During its previous meetings, the committee considered the reports of the studies and investigations conducted by various agencies it had constituted to go into the dam's safety. It also discussed the report of the two technical members who inspected the dam after Kerala raised apprehensions about its safety following mild tremors in the area. The committee discussed the applications filed by Kerala and Tamil Nadu and took their submissions on record.
With Agency Inputs
SC to hear Loop-Essar plea to delink case from 2G trial
NEW DELHI: The Supreme Court on
Wednesday will hear a petition by Loop-Essar seeking delinking of the alleged
cheating case against them and their promoters from the 2G spectrum scam trial
on the ground that the CBI had said none of the accused conspired with former
telecom minister A Raja nor paid bribe to public servants to secure mobile
service licences.
The petition listed for mentioning before a bench headed by Justice G S Singhvi said at worst, the case slapped against Loop-Essar pertained to cheating and hence, it should be moved out of the docket of special CBI judge O P Saini, who is hearing the multi-crore spectrum scam case.
The essential ingredient for bunching of cases for trial before the special judge was the commonality of charges under Prevention of Corruption Act, petitioners Essar Teleholding Ltd and Loop Telecom Ltd said, and pointed out that the chargesheet against them did not mention any of these charges.
The CBI had accused the two companies and their promoters of cheating the Department of Telecom to secure 2G licences in 2008. The chargesheet said the accused concealed the link between Essar and Loop to get around the guidelines which forbid sister concerns of companies, which already had presence in telecom sector, from bidding for licences if the stakes of the parent company exceeded 10%.
The CBI had decided not to press charges under Prevention of Corruption Act, arguing that public servants in DoT were not aware of cheating and misrepresentation on behalf of Loop at the time of distribution of letters of intent. It also argued that there was no money trail either. According to the agency, the telecom firm eventually bagged licences for 21 circles for nearly Rs 1,450 crore but didn't bribe any public servant for the purpose.
The petitioners said, "Despite the government of India (the ministry of corporate affairs and ministry of law and justice) having confirmed that there is no Clause 8 violation by the Essar Group, the CBI has proceeded with the chargesheet."
It added, "Essar has always maintained that it held only 2.15% in Loop during the time of the application and, therefore, there is no violation of Clause 8. Essar has complied with all conditions of Clause 8 under UASL guidelines (dealing with cross-holding) in totality and all the facts which have been given at the time of submitting the application for telecom licence i.e. shareholding/ownership have been independently verified by the government agencies."
The petition listed for mentioning before a bench headed by Justice G S Singhvi said at worst, the case slapped against Loop-Essar pertained to cheating and hence, it should be moved out of the docket of special CBI judge O P Saini, who is hearing the multi-crore spectrum scam case.
The essential ingredient for bunching of cases for trial before the special judge was the commonality of charges under Prevention of Corruption Act, petitioners Essar Teleholding Ltd and Loop Telecom Ltd said, and pointed out that the chargesheet against them did not mention any of these charges.
The CBI had accused the two companies and their promoters of cheating the Department of Telecom to secure 2G licences in 2008. The chargesheet said the accused concealed the link between Essar and Loop to get around the guidelines which forbid sister concerns of companies, which already had presence in telecom sector, from bidding for licences if the stakes of the parent company exceeded 10%.
The CBI had decided not to press charges under Prevention of Corruption Act, arguing that public servants in DoT were not aware of cheating and misrepresentation on behalf of Loop at the time of distribution of letters of intent. It also argued that there was no money trail either. According to the agency, the telecom firm eventually bagged licences for 21 circles for nearly Rs 1,450 crore but didn't bribe any public servant for the purpose.
The petitioners said, "Despite the government of India (the ministry of corporate affairs and ministry of law and justice) having confirmed that there is no Clause 8 violation by the Essar Group, the CBI has proceeded with the chargesheet."
It added, "Essar has always maintained that it held only 2.15% in Loop during the time of the application and, therefore, there is no violation of Clause 8. Essar has complied with all conditions of Clause 8 under UASL guidelines (dealing with cross-holding) in totality and all the facts which have been given at the time of submitting the application for telecom licence i.e. shareholding/ownership have been independently verified by the government agencies."
SC seeks ATS response on blast suspect's plea
NEW DELHI: The Supreme Court
on Tuesday sought response from the Union home ministry, Delhi Police
and Maharashtra's ATS on the petition of Taqi Ahmad,
brother of arrested accused Naquee, seeking a CBI probe into the 13/7 Mumbai
serial blasts case.
A bench of justices Altamas Kabir and J Chelameshwar also stayed Taqi's arrest but asked him to report to the Jamianagar police every alternate day and posted the matter for hearing to February 22. The petitioner had sought a CBI probe complaining that the ATS and Delhi Police had been subjecting him and his family members to harassment by charging them with false cases. Taqi, who has also been summoned for questioning by the ATS, has pleaded that SC transfer the blasts probe to CBI.
The petitioner has sought probe against officials of ATS and Delhi Police's Special Cell who "implicated" him. According to the petition, "The Special Cell persuaded Naqi to act as its informer to which he agreed. He was taken to Mumbai to identify the 13/7 suspects. On Jan 9, Naqi aid his work was done and he would return to Delhi. Then we wereinformed that the ATS had arrested Naqi in a forgery case and was later shown as the key accused in the 13/7 blasts," it said.
A bench of justices Altamas Kabir and J Chelameshwar also stayed Taqi's arrest but asked him to report to the Jamianagar police every alternate day and posted the matter for hearing to February 22. The petitioner had sought a CBI probe complaining that the ATS and Delhi Police had been subjecting him and his family members to harassment by charging them with false cases. Taqi, who has also been summoned for questioning by the ATS, has pleaded that SC transfer the blasts probe to CBI.
The petitioner has sought probe against officials of ATS and Delhi Police's Special Cell who "implicated" him. According to the petition, "The Special Cell persuaded Naqi to act as its informer to which he agreed. He was taken to Mumbai to identify the 13/7 suspects. On Jan 9, Naqi aid his work was done and he would return to Delhi. Then we wereinformed that the ATS had arrested Naqi in a forgery case and was later shown as the key accused in the 13/7 blasts," it said.
On counting day, ensure we get access to court, judge tells top cop
AADITI JATHAR
LAKADE : Pune, Wed Feb 15 2012, 02:15 hrs
Principal district and sessions judge Anant Badar on Tuesday
wrote to Pune Police Commissioner Meeran Borwankar and Deputy Commissioner of
Police (DCP) (Traffic) Vishwas Pandhare to ensure that entrances to Pune
district and sessions court in Shivajinagar are not blocked on the day of
counting of votes on February 17. The counting will be done at a government
godown behind Shivajinagar court.
The letter states that there were complaints from judges and court staff
last year that they had to face problems in reaching the court as the road was
blocked with barricades. The court is closed only on February 16. “Access to
the court should not be blocked for judges, lawyers, court staff and litigants
for law and order. If done so, it would amount to interference in course of
justice,” the letter says. It also added that all the three gates — two and three located near Sancheti Hospital chowk and gate four near the godown — are open on any given day and should be open on the day of counting as well.
Borwankar said although she had not received the letter, the police shall definitely try to keep the gates clear for court staff, judges, litigants and lawyers. According to Amol Kajale-Patil, secretary, Pune Bar Association (PBA), the litigants avoid coming to the court on this day. “Even police avoid getting witnesses to the court citing election duty as it is difficult to control the mob. The situation is the same every year,” he said.
Gen VK Singh denies victimizing junior
CHANDIGARH: Army
chief General V K Singh has told the Armed
Forces Tribunal (AFT) in Chandigarh that he did not meet Major General T S
Handa in connection with any issue related to change in his DoB.
Major General Handa had earlier alleged that Gen Singh had "spoilt" his annual confidential report (ACR) because he did not change the Army chief's date of birth. Major Gen Handa was then posted in the military secretary branch.
General Singh's reply was submitted to the AFT recently in response to a petition filed by Major General Handa.
In his reply, General Singh said he had assessed Major General Handa during that period entirely on the basis of his performance. There were no extraneous considerations or mala fide intention on his part while assessing his performance during their tenures in the Eastern Command. General Singh also said he did not pressurize or speak to Major General Handa's senior about his assessment.
The AFT was slated to hear the case on Tuesday, but it has now been adjourned till March 1.
While in Ambala as general officer commanding (GOC) of 2 Corps, Gen Singh had submitted an application to the MS branch seeking change in his date of birth from May 10, 1950 to May 10, 1951, Major General Handa said in his petition filed in April 2011.
Handa was then a Brigadier posted as deputy military secretary in Ambala. He claimed the MS branch did not consider General Singh's request. But General Singh held him responsible for not amending his date of birth. Major General Handa claimed his ACR was spoilt in 2007 when General Singh was GOC-in-C of Eastern Command and Handa was general officer commanding, 57 Mountain Division, in the northeast sector.
Major-General Handa said General V K Singh wrote remarks like 'displeasure' and 'lukewarm' in his ACR without giving him an opportunity to be heard. Later, when he sent a non-statutory complaint against the ACR to the Army Headquarters, it was rejected by General Singh, who was then the Army chief.
Major General Handa had earlier alleged that Gen Singh had "spoilt" his annual confidential report (ACR) because he did not change the Army chief's date of birth. Major Gen Handa was then posted in the military secretary branch.
General Singh's reply was submitted to the AFT recently in response to a petition filed by Major General Handa.
In his reply, General Singh said he had assessed Major General Handa during that period entirely on the basis of his performance. There were no extraneous considerations or mala fide intention on his part while assessing his performance during their tenures in the Eastern Command. General Singh also said he did not pressurize or speak to Major General Handa's senior about his assessment.
The AFT was slated to hear the case on Tuesday, but it has now been adjourned till March 1.
While in Ambala as general officer commanding (GOC) of 2 Corps, Gen Singh had submitted an application to the MS branch seeking change in his date of birth from May 10, 1950 to May 10, 1951, Major General Handa said in his petition filed in April 2011.
Handa was then a Brigadier posted as deputy military secretary in Ambala. He claimed the MS branch did not consider General Singh's request. But General Singh held him responsible for not amending his date of birth. Major General Handa claimed his ACR was spoilt in 2007 when General Singh was GOC-in-C of Eastern Command and Handa was general officer commanding, 57 Mountain Division, in the northeast sector.
Major-General Handa said General V K Singh wrote remarks like 'displeasure' and 'lukewarm' in his ACR without giving him an opportunity to be heard. Later, when he sent a non-statutory complaint against the ACR to the Army Headquarters, it was rejected by General Singh, who was then the Army chief.
Hyderabad: Senior UIDAI officer accused of sexual harassment
PTI | 11:02
PM,Feb 14,2012
Hyderabad, Feb 14 (PTI) The Central Administrative Tribunal (CAT) has
ordered transfer of a senior IAS officer, heading the regional office of the
Unique Identification Authority of India (UIDAI) here, following allegations of
sexual harassment by a woman Indian Revenue Service officer. The CAT Hyderabad
Bench last week directed the Centre that UIDAI's Deputy Director General V S
Bhaskar be transferred after the complainant, who is working as Assistant
Director General at the UIDAI's regional office, sought action against him, her
counsel Jonnalagadda Sudheer said today. Bhaskar has now approached the Andhra
Pradesh High Court against the CAT directive. The High Court today posted the
matter for further hearing for tomorrow. The complainant had earlier approached
higher authorities accusing Bhaskar of sexual harassment and passing sexual
comments and sought his transfer from the regional office of UIDAI to enable
her to continue her work, Sudheer said. "As no action was taken against
Bhaskar despite the matter being brought to the notice of authorities
concerned, she was compelled to go on leave for six months," Sudheer said
and claimed even the Enquiry Committee for Sexual Harassment held prima facie
that Bhaskar was guilty of misconduct of sexual harassment." "Despite
this finding, Bhaskar was not transferred after which she approached the
CAT," Sudheer said. Bhaskar could not be reached for comments. PTI VVK VKV
AP: IAS officer moves HC against CAT order
Rosy Blue payment to ex-CJI kin under I-T lens
KOCHI: The income tax department
has found that reputed diamond merchant and IPL
Kochi franchisee Rosy Blue has been regularly paying money as
'retainership' to former Chief Justice of India K G Balakrishnan's advocate
son-in-law P V Sreenijan.
I-T officials from Mumbai had raided Rosy Blue, promoted by B Arun Kumar and Company, in August last year following a tip-off about its undisclosed accounts in Leichenstein's LGT Bank and recovered details of the payments. Mumbai director general of income tax (investigation) B P Gaur, who headed the probe, confirmed about payments made to Sreenijan. "They failed to give an explanation about the payments. The payments were made regularly. I do not remember the exact amounts. The investigations are continuing," he said.
These findings are part of a report prepared by the Kerala I-T investigation wing and submitted to the Central Board of Direct Taxes, which is probing Balakrishnan's assets. Sources said that in 2006-2007, the company made a one-time payment of Rs 60 lakh to Sreenijan.
Rosy Blue did not comment but Sreenijan confirmed to TOI about receiving the money. But he refused to provide details of the cases he had handled for Rosy Blue saying it was a client-lawyer relation. Sreenijan said he was no more associated with Rosy Blue and said Rs 60 lakh was a one-time payment. He refused to disclose information about other payments. I-T sources said the money was paid by cheque but both the parties have never met. "This we find strange," an official said. In its report I-T has suggested another agency to investigate this nexus among other allegations considering its job was only to find tax violations.
The I-T department had also reopened the last four years' assessments of Balakrishnan, his daughters K B Sony and K B Rani and their husbands Sreenijan and advocate M J Benny for undervaluing the property transactions. While the declared value of the properties was around Rs 3 crore, the amount paid was around Rs 9 crore. Sources said the four family members had purchased over 60 acres of land in Dindigul in Tamil Nadu and in Idukki district during 2005-2010. Sources said Balakrishnan did not declare the interest earned from his bank deposits, which prompted the I-T department to reopen his assessments.
The I-T department had investigated allegations that Balakrishnan's relatives amassed property worth crores during his tenure as a judge and CJI.
Sreenijan said the allegations were not true and the I-T department was harassing them. He told TOI over phone that he did not own any property except one at Edappilly. "On this transaction, I paid the registration charges. The state government has issued a notice asking me to pay Rs 2.6 lakh because they feel that the property has been undervalued. I have agreed to pay this
I-T officials from Mumbai had raided Rosy Blue, promoted by B Arun Kumar and Company, in August last year following a tip-off about its undisclosed accounts in Leichenstein's LGT Bank and recovered details of the payments. Mumbai director general of income tax (investigation) B P Gaur, who headed the probe, confirmed about payments made to Sreenijan. "They failed to give an explanation about the payments. The payments were made regularly. I do not remember the exact amounts. The investigations are continuing," he said.
These findings are part of a report prepared by the Kerala I-T investigation wing and submitted to the Central Board of Direct Taxes, which is probing Balakrishnan's assets. Sources said that in 2006-2007, the company made a one-time payment of Rs 60 lakh to Sreenijan.
Rosy Blue did not comment but Sreenijan confirmed to TOI about receiving the money. But he refused to provide details of the cases he had handled for Rosy Blue saying it was a client-lawyer relation. Sreenijan said he was no more associated with Rosy Blue and said Rs 60 lakh was a one-time payment. He refused to disclose information about other payments. I-T sources said the money was paid by cheque but both the parties have never met. "This we find strange," an official said. In its report I-T has suggested another agency to investigate this nexus among other allegations considering its job was only to find tax violations.
The I-T department had also reopened the last four years' assessments of Balakrishnan, his daughters K B Sony and K B Rani and their husbands Sreenijan and advocate M J Benny for undervaluing the property transactions. While the declared value of the properties was around Rs 3 crore, the amount paid was around Rs 9 crore. Sources said the four family members had purchased over 60 acres of land in Dindigul in Tamil Nadu and in Idukki district during 2005-2010. Sources said Balakrishnan did not declare the interest earned from his bank deposits, which prompted the I-T department to reopen his assessments.
The I-T department had investigated allegations that Balakrishnan's relatives amassed property worth crores during his tenure as a judge and CJI.
Sreenijan said the allegations were not true and the I-T department was harassing them. He told TOI over phone that he did not own any property except one at Edappilly. "On this transaction, I paid the registration charges. The state government has issued a notice asking me to pay Rs 2.6 lakh because they feel that the property has been undervalued. I have agreed to pay this
2002 riots: Court's verdict
on access to SIT report today
February 15, 2012
The court of Metropolitan Magistrate MS Bhatt in Ahmedabad
on Wednesday will decide if the SIT's final report on the probe into
allegations of Gujarat chief minister Narendra Modi's involvement in 2002 riots
should be made public.
The court will also hear the petitions filed by social activists Teesta Setalvad and Mukul Sinha seeking copies of the report filed in a sealed cover before it on Wednesday.
The court will also hear the petitions filed by social activists Teesta Setalvad and Mukul Sinha seeking copies of the report filed in a sealed cover before it on Wednesday.
The SIT on Monday opposed sharing with activists its final report on the probe into allegations of CM Narendra Modi's involvement in 2002 riots, as a court had reserved till Feb 15 its order on their plea seeking access to the crucial document.
During the hearing in the court, the Supreme Court-appointed Special Investigation Team (SIT) opposed the applications by Teesta Setalvad and other activists, saying some of them had no locus standi to be given a copy of the report.
SIT had submitted the report to the court in a sealed cover last week amid speculation that Modi may have got relief in the probe on Zakia Jafri's complaint against the chief minister and others on the 2002 post-Godhra riots. Zakia's husband Ehsan Jafri, a former Congress MP, was among the 69 people killed in post-Godhra Gulberg Housing society riots.
SIT lawyer RS Jambuar said only after the court decides to close the complaint holding that there is no evidence, the copies could be given to the "original complainant" (Zakia), as per the Supreme Court's order.
The SIT team also submitted an application seeking one month's time to submit the statements, evidence and documents related to the probe. The application said since this material was voluminous and compiled in a haphazard way it needed time to serialise the papers before submitting to the court.
Jambuar said the documents were crucial and must be kept under tight security.
He admitted that SIT had obtained the report of the amicus curie Raju Ramchandran (appointed by the Supreme Court), and had considered it before submitting its own final report.
The amicus curie's report had been dealt with in the SIT's final report, Jambuar added.
On behalf of the applicants, Zakia's lawyer SM Vora said her client, being the original complainant, should get a copy, as per the apex court's order.
After hearing both the sides, the judge had reserved the order till February 15.
"We appreciate the court's decision to give its order in only two days time," Setalvad said.
HC Judgment on Odia Novel Today
The Bench had earlier issued notice to the Centre and the Akademi
authorities while issuing an interim stay on the presentation of the award. The
award was to be presented on February 14.
The selection of the novel has stirred a huge controversy leading
to a PIL by novelist Sricharan Pratap alias Kaniska alleging that it was chosen
in gross violation of established rules and norms. The award rule stipulates
nomination of a work in any of the recognised languages, which is first
published during the three years prior to the year immediately preceding the
year of the award. Thus, the novel in contention should have been written
between 2007 and 2009 to qualify for the 2011 award.
Citing an interview of the author published in a monthly magazine
‘Jugashree Juganari’ in 2010, the petitioner stated that she stated that she
had given up writing for the last 20 years. This implied that she had not
written a book between 2007 and 2009 and it was written in 2010 going by her
words. Thus, the book did not qualify for selection, the petitioner submitted.
The petitioner also alleged that ‘Achinha Basabhumi’ did not feature in the
ground list and was suddenly inserted in the shortlist.
No verdict should be reserved for over 3 months: Justice Ganguly
NEW DELHI: Justice A K
Ganguly, who was part of the bench that monitored the CBI probe into the 2G
spectrum scam and retired soon after pronouncement of the explosive judgment
ordering cancellation of telecom licences, wants the Supreme Court
to follow what it has prescribed for the high courts - no judgment should
remain reserved for more than three months.
Justice Ganguly said litigants develop a grudge against the justice delivery system because of the delay in pronouncement of verdicts. Their plight worsens when the judge, who heard the plea and reserved judgment, retires without giving the decision, entailing fresh hearing and resultant hardship, he told TOI.
The remark, although in response to a question on delay in delivery of judgments, takes significance because the bench of Justices G S Singhvi and Ganguly had kept their verdict "reserved" on the petition against PMO's inaction in granting sanction for prosecution of sacked telecom minister A Raja for more than a year. The keenly-awaited verdict was reserved on November 24, 2010 and delivered on January 31, 2012, three days before Justice Ganguly retired, with the long delay leading to agonizing suspense about the fate of the politically crucial petition.
Early on, Justice Ganguly's scathing comments on government's failure to take action against Raja led to the former telecom minister's resignation from the Union Cabinet on November 14, 2010.
The period for which the verdict on the petition against PMO was kept reserved by Justices Singhvi and Ganguly pales before the time taken by a different SC bench in another politically fraught case. A bench led by Justice Altamas Kabir reserved its verdict in February 2009 on a CBI application for withdrawal of its plea wanting prosecution of Samajwadi Party chief Mulayam Singh Yadav and his relatives in a disproportionate assets case. After three years, no verdict has been given. Meanwhile, Justice Cyriac Joseph, who was part of the bench, has retired, meaning the case will have to be heard afresh.
Justice Ganguly said the apex court in 2001 in Anil Rai vs State of Bihar had laid down clear guidelines relating to pronouncement of judgment. The SC had said, "Where a judgment is not pronounced within three months from the date of reserving the judgment, any of the parties in the case is permitted to file an application in the high court with a prayer for early judgment." The court had said such an application would be listed for hearing before the concerned judges within two days.
The SC had also said, "If the judgment, for any reason, is not pronounced within six months, any of the parties to the said list (case) shall be entitled to move an application before the chief justice of the high court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open for the chief justice to grant the said prayer or to pass any order as he deems fit in the circumstances."
Justice Ganguly, who rarely missed the three-month deadline for pronouncement of judgment in cases heard by him, felt that the directions to HCs for expeditious decision in cases must apply to the Supreme Court judges.
Justice Ganguly said litigants develop a grudge against the justice delivery system because of the delay in pronouncement of verdicts. Their plight worsens when the judge, who heard the plea and reserved judgment, retires without giving the decision, entailing fresh hearing and resultant hardship, he told TOI.
The remark, although in response to a question on delay in delivery of judgments, takes significance because the bench of Justices G S Singhvi and Ganguly had kept their verdict "reserved" on the petition against PMO's inaction in granting sanction for prosecution of sacked telecom minister A Raja for more than a year. The keenly-awaited verdict was reserved on November 24, 2010 and delivered on January 31, 2012, three days before Justice Ganguly retired, with the long delay leading to agonizing suspense about the fate of the politically crucial petition.
Early on, Justice Ganguly's scathing comments on government's failure to take action against Raja led to the former telecom minister's resignation from the Union Cabinet on November 14, 2010.
The period for which the verdict on the petition against PMO was kept reserved by Justices Singhvi and Ganguly pales before the time taken by a different SC bench in another politically fraught case. A bench led by Justice Altamas Kabir reserved its verdict in February 2009 on a CBI application for withdrawal of its plea wanting prosecution of Samajwadi Party chief Mulayam Singh Yadav and his relatives in a disproportionate assets case. After three years, no verdict has been given. Meanwhile, Justice Cyriac Joseph, who was part of the bench, has retired, meaning the case will have to be heard afresh.
Justice Ganguly said the apex court in 2001 in Anil Rai vs State of Bihar had laid down clear guidelines relating to pronouncement of judgment. The SC had said, "Where a judgment is not pronounced within three months from the date of reserving the judgment, any of the parties in the case is permitted to file an application in the high court with a prayer for early judgment." The court had said such an application would be listed for hearing before the concerned judges within two days.
The SC had also said, "If the judgment, for any reason, is not pronounced within six months, any of the parties to the said list (case) shall be entitled to move an application before the chief justice of the high court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open for the chief justice to grant the said prayer or to pass any order as he deems fit in the circumstances."
Justice Ganguly, who rarely missed the three-month deadline for pronouncement of judgment in cases heard by him, felt that the directions to HCs for expeditious decision in cases must apply to the Supreme Court judges.
MLA robbed of Rs 1.35 lakh
HYDERABAD: Anaparti MLA N Shesha Reddy
was robbed of Rs 1.35 lakh on Monday from his flat at Ameerpet.
Punjagutta police said that MLA Shesha Reddy came to the city on Monday morning to attend assembly Budget session. He arrived at flat number 210 in Rama Krishna Towers at Ameerpet which he uses as a guest house.
Shesha Reddy left for the Assembly along with his PA and gun man after locking the house.
"He returned home in the night and found that Rs 1.35 lakh cash, which he left at the flat, had been stolen from his briefcase," Punjagutta inspector K Ashok Chakravarthy said.
Police found out that other than Shesha Reddy, his gunman and PA also have the duplicate keys for the flat.
Based on the complaint lodged by the MLA, police booked a theft case under section 379 of the Indian Penal Code ( IPC).
Punjagutta police said that MLA Shesha Reddy came to the city on Monday morning to attend assembly Budget session. He arrived at flat number 210 in Rama Krishna Towers at Ameerpet which he uses as a guest house.
Shesha Reddy left for the Assembly along with his PA and gun man after locking the house.
"He returned home in the night and found that Rs 1.35 lakh cash, which he left at the flat, had been stolen from his briefcase," Punjagutta inspector K Ashok Chakravarthy said.
Police found out that other than Shesha Reddy, his gunman and PA also have the duplicate keys for the flat.
Based on the complaint lodged by the MLA, police booked a theft case under section 379 of the Indian Penal Code ( IPC).
Pune cops misuse the law to abuse sex workers
Published: Tuesday, Feb 14,
2012, 14:08 IST
By Kiran Dahitule & Chaitraly Deshmukh | Place: Pune | Agency: DNA
A study carried out by a group of students
from Indian Law Society’s (ILS) Law College reveals that the police were
misusing Section 8 of the Prevention of Immoral Traffic Act (PITA), 1956 and
recommended that the section should be quashed.By Kiran Dahitule & Chaitraly Deshmukh | Place: Pune | Agency: DNA
Ketaki Latkar, Jasmin Latkar and Erika Noronha carried out a sample study of 100 commercial sex workers (CSWs) in the red light area of Budhwar Peth. Rubbishing the claims, the statistics available with the Pune police show that only 22 arrests were made under Section 8 in 2011, and 4 in this year so far.
The trio, who will present the paper for a competition on international women’s issues said, “Our survey took one and a half month as we had to make friends with them and conduct extensive interviews as issuing direct questionnaire was impossible.”
According to their study, 46% subjects alleged that the police arrested them under the Section even if they went out for personal work like shopping, 38% alleged that they had been either arrested or beaten up even when they just stood outside the brothel and 16% denied facing any such problems.
The students said that
Section 8 of PITA should be repealed and CSWs should be rather charged under
the Section 268 of Indian Penal Code, 1860, if they are found causing public
nuisance.
Social security cell incharge and senior inspector Banupratap Barge said, “PITA section is meant for curbing public nuisance caused due to seduction or solicitation for prostitution effectively. We invoke it only if the case merits it.”
Social security cell incharge and senior inspector Banupratap Barge said, “PITA section is meant for curbing public nuisance caused due to seduction or solicitation for prostitution effectively. We invoke it only if the case merits it.”
Lokayukta court adjourns complaint against former AG to Feb 25
PTI | 06:02
PM,Feb 14,2012
Bangalore,Feb 14 (PTI)The Lokayukta Court today adjourned to February 25
hearing of a private complaint against former state Advocate General B V
Acharya and four others for their alleged involvement in misappropriation of
funds of a well known education trust, of which they are trustees. Lokayukta
court judge N K Sudhindra Rao adjourned it when counsel for complainant,
Lakshmikant Rao sought a week's time to submit certain documents in connection
with the complaint. Earlier, he also filed an application seeking exemption
from personal appearance of his client, nonegenarian N Venkateshaiah, as he was
hospitalised. The judge observed "I had seen the some young persons
briefing the complainant during the last hearing. When he had the support of
youth, why did he choose to file the complaint himself at the age of 94?".
The judge also asked "Is he a freedom fighter? Has he taken up cudgels
against corruption earlier?. Was he a trustee of the BMS Education
Trust?". Counsel replied he was a former trustee, a social worker and past
President of Federatrion of Karnataka Chamber of Commerce and Industry (FKCCI).
The court also sought to know if Venkateshaiah was "politically motivated
or did he have a hidden agenda.If there is a hidden agenda, it will be dealt
with very seriously.Which is the office that Acharya misused, was it of
Advocate General or that of the trustee? Was the trust aided by
government?" To this counsel submitted the trust was given Rs 88 crore as
grant by government.To other queries, he said he was yet to ascertain facts and
sought time to submit certain documents. Venkateshaiah in his Jan 24 complaint
charged Acharya and the trustees of "misappropriating funds" of B M
Sreenivasaiah Memorial Educational Trust. He sought investigation into the
transactions and action under various sections of Prevention of Corruption Act
and Indian Penal Code. He also questioned Acharya holding two profitable posts,
one as Advocate General and second as the trustee. It may be recalled that
Acharya resigned from the post of Advocate General on February 8. Bus driver, accused of injuring cow, let off
PTI | 06:02
PM,Feb 14,2012
New Delhi, Feb 14 (PTI) A driver, accused of hitting and injuring a cow
allegedly with his rashly-driven bus, has been discharged by a Delhi court on
the ground that the bovine itself came on the road and no mischief could be be
attributed to him. Additional Sessions Judge (ASJ) Ramesh Kumar discharged bus
driver Rajesh Kumar, dismissing an appeal by the state against a magisterial
court's order which absolved him of the charges of rash and negligent driving.
The sessions court upheld the magisterial court's order which had pointed out
that for invoking section 279 of the Indian Penal Code for causing hurt by rash
and negligent driving, the victim must be a human being. The court had said as
per the provisions of rash and negligent driving in the IPC, "human being
(as victim) must be present at the spot while (invoking the offence of) driving
rashly and negligently." The case related to injury caused to the bovine
belonging to one Santosh of Jahangirpuri in north west Delhi in 2010. "The
cow of the complainant had come on the main road. Hence, mischief cannot be
attributed to the accused (driver). No intention or knowledge can be attributed
to the bus driver in the facts and circumstances of the present case, as
enumerated in order of the trial court," said ASJ Kumar. The ASJ rejected
the state's appeal, challenging the trial court's ruling. The state had
contended that the cow was injured in the October 2010 mishap due to rash
driving by Rajesh who hit animal with his bus. (More) Google, Yahoo Indian units probed for possible forex violations: Reports
Agencies Feb
14, 2012, 11.46AM IST
The government is investigating whether the Indian units of US Internet
giants Google
Inc and Yahoo
Inc may have violated the country's foreign
exchange laws, the Wall Street Journal said in report.Notices have been sent to the Indian units that they are being investigated for potential violations, the paper said. It cited a senior official at a division of finance ministry, which monitors foreign exchange transactions and money-laundering activities.
A spokesman for Google in India said the company has not yet received the notice and therefore could not comment on specific details, the Journal said in its report.
Neither Google nor Yahoo in India were available for comment when contacted.
On Friday, The Enforcement Directorate issued a foreign exchange violation notice to internet giant Google for alleged irregularities in transfer of funds to its foreign entities.
The Directorate has asked the Indian arm of the company to explain to it all the permissions the company has obtained from RBI in this regard and its source of income in the country along with I-T returns filed earlier.
"We have an obligation to our shareholders to set up a tax efficient structure and our present structure is compliant with the tax rules in all the countries where we operate. We make a very substantial contribution to local and national taxation and provide employment for close to 2,000 people in India," a Google spokesperson said when contaced for comments over the latest ED action.
The ED, according to sources, is investigating if the internet search giant violated the norms laid down by the RBI with regard to transfer of funds abroad, including in Ireland and also receiving similar investments from foreign shores.
The agency has obtained relevant data in this regard from the RBI and would take up any possible penal action under the Foreign Exchange Management Act (FEMA) after going through the documents.
Google India, along with other social networking websites, is embroiled in a raging controversy over monitoring the content on Internet and of those websites depending on user generated contents, which arose after Union Telecommunications Minister Kapil Sibal had asked the social networking websites to "screen" the contents.
The company also filed a compliance report in this regard in a Delhi court recently.
High court relief for LPG consumers
PATNA: The Patna high court on
Tuesday directed major domestic LPG providers, including the Indian Oil Corporation (IOC) and Hindustan
Petroleum Corporation Limited ( HPCL), to seek
instructions from their respective companies with regard to booking LPG cylinders
via manual procedure. This would be in addition to the present Interactive
Voice Response System (IVRS) and SMS facility earlier launched in the state in
2011.
A division bench of the high court, comprising Justice T Meena Kumari and Justice Gopal Prasad, passed the order while hearing a writ petition filed in this regard by one Vikas Mohan. The petitioner had stated in his PIL that the consumers were facing immense difficulties in booking gas cylinders through IVRS and SMS.
The HC had earlier in 2011 issued notices to different LPG companies and the Union government for the inconvenience faced by the consumers in booking gas cylinders through IVRS and SMSes.Petitioner's counsel Mukeshwar Dayal told the court that the illiterate and poor were facing lots of hardship due to the IVRS system, wherein bookings are done through dialing number or sending SMSes. The court was also informed that this system was not sound as one faced difficulty in booking cylinders through SMS. Earlier, on August 8, 2011, a division bench of the HC, comprising Justice S K Katriar and Justice A Amanullah, while issuing notices to the two gas companies and the Union government, had said the poor people would not be allowed to suffer.
The court on Tuesday took strong exception to the stoppage of manual bookings and gave three weeks' time to the oil majors to seek necessary instructions from their respective companies in this regard.Incidentally, in a bid to provide relief to the LPG consumers who first have to struggle to book a cylinder and then wait endlessly to get it, the IOC on Tuesday introduced round-the-clock IVRS and SMS facility for LPG booking and other related services. The service was launched amidst much fanfare last year. Patna was the 11th city in the country to have this facility which would be later extended to the entire state.
A division bench of the high court, comprising Justice T Meena Kumari and Justice Gopal Prasad, passed the order while hearing a writ petition filed in this regard by one Vikas Mohan. The petitioner had stated in his PIL that the consumers were facing immense difficulties in booking gas cylinders through IVRS and SMS.
The HC had earlier in 2011 issued notices to different LPG companies and the Union government for the inconvenience faced by the consumers in booking gas cylinders through IVRS and SMSes.Petitioner's counsel Mukeshwar Dayal told the court that the illiterate and poor were facing lots of hardship due to the IVRS system, wherein bookings are done through dialing number or sending SMSes. The court was also informed that this system was not sound as one faced difficulty in booking cylinders through SMS. Earlier, on August 8, 2011, a division bench of the HC, comprising Justice S K Katriar and Justice A Amanullah, while issuing notices to the two gas companies and the Union government, had said the poor people would not be allowed to suffer.
The court on Tuesday took strong exception to the stoppage of manual bookings and gave three weeks' time to the oil majors to seek necessary instructions from their respective companies in this regard.Incidentally, in a bid to provide relief to the LPG consumers who first have to struggle to book a cylinder and then wait endlessly to get it, the IOC on Tuesday introduced round-the-clock IVRS and SMS facility for LPG booking and other related services. The service was launched amidst much fanfare last year. Patna was the 11th city in the country to have this facility which would be later extended to the entire state.
High Court notices to Punjab, Haryana and Chandigarh over wetland conservation
Express
news service : Chandigarh, Wed Feb 15 2012, 00:19 hrs
The notices were issued by a division bench of the High Court on a PIL filed by Pooja Dhull, a resident of Sector 20, Panchkula. The petitioner has sought better protection and conservation of the wetlands in the states, particularly those of international importance in accordance with the Ramsar Convention (an intergovernmental treaty, signed at Ramsar in Iran, that urges member countries to maintain the ecological character of their wetlands).
Dhull had also sought directions for the implementation of the Wetlands (Conservation and Management) Rules, 2010 and directions to remove any encroachments on the wetlands of Punjab, Haryana and Chandigarh. The petitioner also urged the court to pass directions to ensure the state’s clean hazardous waste from their wetlands.
The division bench comprising Chief Justice Ranjan Gogoi and Justice Mahesh Grover has also issued notices to the Department of Environment and Forests, Delhi.
Dhull submitted in court that to protect the wetlands, the Centre had formulated a National Wetlands Conservation Programme and identified such ecological areas in the country. “Nothing substantial, however, has been done by the respondents to implement the same in accordance with international acceptable standards.The program was started in 1985-86 with the coordination of the states but still after passage of time, the wetlands are under threat due to industrial activities and other activities,” reads the PIL. Dhull had contended that the “wetlands not only recharge ground water but are also home to migratory birds; many of which are already threatened with extinction”.
High court hearing on PIL against VC’s appointment process put off
PUNE: The ongoing legal tussle
in the Bombay
high court over the appointment of a new vice-chancellor at the University
of Pune (UoP) has been extended by one more week.
On Tuesday, the high court division bench of Chief Justice Mohit Shah and Justice R V More gave a week's time to the University Grants Commission (UGC) to make its written submission on the issue of the commission's representation on the state government-appointed search panel for the vice chancellors of state universities.
This follows a public interest litigation filed by one Suresh Patilkhede of Thane challenging the absence of a UGC representative on the VC's search panel.
On January 6, when the matter first came up for a motion hearing before the high court bench, the court had directed notices to the respondents although it did not grant any stay on the process for interviews of the candidates, who had applied for the key post.
The search panel conducted the interviews at the Yashwantrao Chavan Academy of Development Administration in Pune on January 9. The names of the final five candidates shortlisted for the post have also been conveyed to the office of the state governor and chancellor.
However, the state government has given an undertaking to the high court that it won't make the final appointment public till the matter is settled by the court. The matter was scheduled for January 23 and thereafter posted for February 14. The state government had revised the norms for appointment of VCs, in 2009-10, reducing the number of members on the search panel from five to three, among other things.
According to the new process, the search panel is headed by an eminent jurist or retired high court judge besides a well-known person jointly nominated by the academic and the management councils of the concerned university and the principal secretary to the H&TE department.
The state government has given an undertaking to the high court that it won't make the final appointment public till the matter is settled.
On Tuesday, the high court division bench of Chief Justice Mohit Shah and Justice R V More gave a week's time to the University Grants Commission (UGC) to make its written submission on the issue of the commission's representation on the state government-appointed search panel for the vice chancellors of state universities.
This follows a public interest litigation filed by one Suresh Patilkhede of Thane challenging the absence of a UGC representative on the VC's search panel.
On January 6, when the matter first came up for a motion hearing before the high court bench, the court had directed notices to the respondents although it did not grant any stay on the process for interviews of the candidates, who had applied for the key post.
The search panel conducted the interviews at the Yashwantrao Chavan Academy of Development Administration in Pune on January 9. The names of the final five candidates shortlisted for the post have also been conveyed to the office of the state governor and chancellor.
However, the state government has given an undertaking to the high court that it won't make the final appointment public till the matter is settled by the court. The matter was scheduled for January 23 and thereafter posted for February 14. The state government had revised the norms for appointment of VCs, in 2009-10, reducing the number of members on the search panel from five to three, among other things.
According to the new process, the search panel is headed by an eminent jurist or retired high court judge besides a well-known person jointly nominated by the academic and the management councils of the concerned university and the principal secretary to the H&TE department.
The state government has given an undertaking to the high court that it won't make the final appointment public till the matter is settled.
Gujarat riots: Verdict today on whether Zakia Jafri should get SIT report's copy
NDTV
Correspondent, Updated: February 15, 2012 07:16 IST
Ahmedabad: A trial court in Ahmedabad will
deliver its verdict today on the petition filed by Gujarat riot victim Zakia
Jafri seeking a copy of the final report submitted by the Special Investigation
Team (SIT) on the 2002 Gulbarg Society massacre. The court will also deliver
its order on whether the SIT had filed its latest report in compliance with a
Supreme Court order which states that the investigating panel will have to
submit in court not just the report, but all relevant documents, including
investigation case papers.
On Monday during the hearing of the case, the SIT had resisted sharing the report with co-petitioner and social activist Teesta Setalvad but left it to the court to decide on whether it can be given to the main complainant Zakia Jafri. The petitioners argue that after submission in court, the report is now a public document. Teesta Seetalvad's lawyer said by not submitting the additional documents, the SIT has committed contempt of court.
The SIT that submitted its final report on the 2002 Gulbarg Society massacre last week, on Monday, sought a month to place before the Gujarat trial court documents that it had based its report on. Ms Jafri, has sought that all documents be made available, not just the final report. The SIT has been appointed by the Supreme Court to investigate post-Godhra riot cases in Gujarat in 2002.
In court, the SIT had said the documents were bulky and ran into thousands of pages and that it needed time to collate and submit these.
The SIT had submitted its report on Ms Jafri's allegation against Mr Modi and 62 others of complicity in the 2002 riots, to the trial court in sealed cover last week; on Monday it said reports that it had given a clean chit in it to Mr Modi were just that - "media reports". The investigating panel said only the court would decide "whether the report gave a clean chit or not."
Zakia Jafri is the wife of former Congress MP Ehsaan Jafri, who was among 69 people allegedly burnt alive by a rioting mob on February 28, 2002 at the Gulbarg Housing Society in Ahmedabad where the Jafris lived. Ms Jafri alleges that when the mob attacked, her husband made frantic calls to the police and even to the Chief Minister's office for help but to no avail. For many years now Ms Jafri has taken her legal battle against Mr Modi and 62 other senior government functionaries from court to court.
She had moved the Supreme Court in 2008 after the Gujarat High Court dismissed her petition. The court asked the SIT to investigate her charges; the SIT submitted a report in the court, after questioning many people including Mr Modi, in which it reportedly said that there was no prosecutable evidence against the chief minister.
The Supreme Court had then asked amicus curiae Raju Ramchandran to independently assess the SIT report. Mr Ramcharndran visited Gujarat, interacted with several persons as well as witnesses, and then submitted his report to the Supreme Court in which he reportedly differed on some points with the SIT. Mr Ramachandran reportedly suggested that Mr Modi could be prosecuted.
Both the SIT and Mr Ramchandran also met suspended IPS officer Sanjiv Bhatt, who in his affidavit filed before the Supreme Court, has said that Mr Modi, in a meeting held at his residence on February 27, 2002, asked the police to "allow Hindus to vent their anger" after 59 people, most of them Kar sevaks returning from Ayodhya, were killed in the Godhra train burning incident a few hours earlier.
The SIT in its report submitted to the Supreme Court had reportedly said that Mr Bhatt was not a reliable witness as his claim of being present in that meeting was allegedly refuted by nine other senior police and home department officials who attended the meeting. The court had refused to take Mr Bhatt's affidavit on record. In its latest report filed last week in the Ahmedabad trial court, the SIT, sources say, has again said that senior officers present at that meeting called by Mr Modi say Mr Bhatt was not present.
On September 12 last year, after going through the amicus curiae's report, the Supreme Court had refrained from passing any order in the case and asked the SIT to submit its final report in the Gujarat magisterial court. Mr Modi and his party the BJP had interpreted the court's order as a vindication of their stand that Zakia Jafri's allegations have no merit. Mr Modi had tweeted, "God is great." Yesterday, as he ended his sadhbhavna yatra or goodwill journey across his state, Mr Modi said he expected "There will be a storm in the form of criticism in the next 24 hours, but the anti-Gujarat forces will not be successful in doing any harm."
The SIT took almost five months after the Supreme Court order to file its report on Wednesday last week. As word spread that the SIT had reportedly given Mr Modi a clean chit, the BJP said it was time to close the case; Mr Modi quoted Swami Vivekanand to tweet "What work you do expect from the men of little hearts? Nothing in the world...!"
Zakia Jafri said she would fight on and filed her petition seeking to know the contents of the SIT report and to know whether the SIT has filed its latest report in compliance with a Supreme Court order.
The Supreme Court had asked the magisterial court to hear the petitioners before a closure summary in the case, even if the report was in favour of Mr Modi and the others. The petitioners will have the right to challenge the decision of the local court on the report in the High Court and then Supreme Court.
On Monday during the hearing of the case, the SIT had resisted sharing the report with co-petitioner and social activist Teesta Setalvad but left it to the court to decide on whether it can be given to the main complainant Zakia Jafri. The petitioners argue that after submission in court, the report is now a public document. Teesta Seetalvad's lawyer said by not submitting the additional documents, the SIT has committed contempt of court.
The SIT that submitted its final report on the 2002 Gulbarg Society massacre last week, on Monday, sought a month to place before the Gujarat trial court documents that it had based its report on. Ms Jafri, has sought that all documents be made available, not just the final report. The SIT has been appointed by the Supreme Court to investigate post-Godhra riot cases in Gujarat in 2002.
In court, the SIT had said the documents were bulky and ran into thousands of pages and that it needed time to collate and submit these.
The SIT had submitted its report on Ms Jafri's allegation against Mr Modi and 62 others of complicity in the 2002 riots, to the trial court in sealed cover last week; on Monday it said reports that it had given a clean chit in it to Mr Modi were just that - "media reports". The investigating panel said only the court would decide "whether the report gave a clean chit or not."
Zakia Jafri is the wife of former Congress MP Ehsaan Jafri, who was among 69 people allegedly burnt alive by a rioting mob on February 28, 2002 at the Gulbarg Housing Society in Ahmedabad where the Jafris lived. Ms Jafri alleges that when the mob attacked, her husband made frantic calls to the police and even to the Chief Minister's office for help but to no avail. For many years now Ms Jafri has taken her legal battle against Mr Modi and 62 other senior government functionaries from court to court.
She had moved the Supreme Court in 2008 after the Gujarat High Court dismissed her petition. The court asked the SIT to investigate her charges; the SIT submitted a report in the court, after questioning many people including Mr Modi, in which it reportedly said that there was no prosecutable evidence against the chief minister.
The Supreme Court had then asked amicus curiae Raju Ramchandran to independently assess the SIT report. Mr Ramcharndran visited Gujarat, interacted with several persons as well as witnesses, and then submitted his report to the Supreme Court in which he reportedly differed on some points with the SIT. Mr Ramachandran reportedly suggested that Mr Modi could be prosecuted.
Both the SIT and Mr Ramchandran also met suspended IPS officer Sanjiv Bhatt, who in his affidavit filed before the Supreme Court, has said that Mr Modi, in a meeting held at his residence on February 27, 2002, asked the police to "allow Hindus to vent their anger" after 59 people, most of them Kar sevaks returning from Ayodhya, were killed in the Godhra train burning incident a few hours earlier.
The SIT in its report submitted to the Supreme Court had reportedly said that Mr Bhatt was not a reliable witness as his claim of being present in that meeting was allegedly refuted by nine other senior police and home department officials who attended the meeting. The court had refused to take Mr Bhatt's affidavit on record. In its latest report filed last week in the Ahmedabad trial court, the SIT, sources say, has again said that senior officers present at that meeting called by Mr Modi say Mr Bhatt was not present.
On September 12 last year, after going through the amicus curiae's report, the Supreme Court had refrained from passing any order in the case and asked the SIT to submit its final report in the Gujarat magisterial court. Mr Modi and his party the BJP had interpreted the court's order as a vindication of their stand that Zakia Jafri's allegations have no merit. Mr Modi had tweeted, "God is great." Yesterday, as he ended his sadhbhavna yatra or goodwill journey across his state, Mr Modi said he expected "There will be a storm in the form of criticism in the next 24 hours, but the anti-Gujarat forces will not be successful in doing any harm."
The SIT took almost five months after the Supreme Court order to file its report on Wednesday last week. As word spread that the SIT had reportedly given Mr Modi a clean chit, the BJP said it was time to close the case; Mr Modi quoted Swami Vivekanand to tweet "What work you do expect from the men of little hearts? Nothing in the world...!"
Zakia Jafri said she would fight on and filed her petition seeking to know the contents of the SIT report and to know whether the SIT has filed its latest report in compliance with a Supreme Court order.
The Supreme Court had asked the magisterial court to hear the petitioners before a closure summary in the case, even if the report was in favour of Mr Modi and the others. The petitioners will have the right to challenge the decision of the local court on the report in the High Court and then Supreme Court.
Address paucity of handwriting experts: HC
MUMBAI: The Bombay High
Court on Tuesday directed the state government to take concrete steps to
address the shortage of official handwriting experts, saying it is affecting
thousands of cases.
A division bench of Justice V M Kanade and Justice P D Kode was hearing a petition filed by Nirmala Gogad (55), a widow from Nashik, stating that the Manmad police had filed an application before the JMFC to temporarily close her case against 10 persons of the Nashik Merchant Cooperative Bank Limited, including her brother-in-law, as the handwriting expert's report is awaited.
Additional public prosecutor Ajay Gadkari told the court that there is a shortage of handwriting experts. Gogad's advocate Aniket Nikam argued that the complaint was filed in May 2007 and added that it is "an attempt to put the matter in cold storage''.
A division bench of Justice V M Kanade and Justice P D Kode was hearing a petition filed by Nirmala Gogad (55), a widow from Nashik, stating that the Manmad police had filed an application before the JMFC to temporarily close her case against 10 persons of the Nashik Merchant Cooperative Bank Limited, including her brother-in-law, as the handwriting expert's report is awaited.
Additional public prosecutor Ajay Gadkari told the court that there is a shortage of handwriting experts. Gogad's advocate Aniket Nikam argued that the complaint was filed in May 2007 and added that it is "an attempt to put the matter in cold storage''.
Bombay HC slams CBI over Adarsh probe pace
Published: Tuesday, Feb 14,
2012, 22:23 IST | Updated: Tuesday, Feb 14, 2012, 23:42 IST
By Urvi Mahajani | Place: Mumbai | Agency: PTI
The CBI, which is probing the alleged scam in
the allotment of flats in the Adarsh Co-operative Housing Society in South
Mumbai for the past 15 months, wants three more months to complete the probe. A
division bench of Justices SA Bobade and R Dhanuka of the Bombay high court,
however, refused to grant any more time without the agency making a formal
application within two weeks.By Urvi Mahajani | Place: Mumbai | Agency: PTI
“We are not giving three months’ time. How long have you been probing the matter? Have you looked into the income-tax report?” justice Bobade asked K Sudhakar, the CBI counsel who termed the case a “complicated one” as “there are alleged several benami transactions needing to be probed”.
When the petitioner’s advocate Ashish Mehta, alleged the probe had been going at snail’s pace since 15 months, with the investigative agency repeatedly seeking more time at every hearing, Justice Bobade ruled that the CBI make a formal plea “stating all that you have done so far” and “what else is left to be done”.
The CBI recently questioned former CM Ashok Chavan, one of the 14 persons against whom an FIR was lodged last year. As per the FIR, which was lodged after the Bombay high court handed over the probe to CBI in February 2011, Chavan during his tenure as revenue minister (2001-03) entered into a criminal conspiracy along with the society’s chief promoter RS Thakur, retired Army official MM Wanchoo, senior IAS officer Jairaj Phatak and former MLC Kanhaiyalal Gidwani. The CBI found that Chavan had allegedly bypassed several rules to pass a letter urging the inclusion of civilians in the Adarsh society, initially meant for Kargil war widows and victims.
The HC is hearing many PILs
seeking action against government officers and ministers allegedly involved in
the scam.
HC dismisses government plea for further probe
The court has also directed to remove the CJM’s remarks on former
investigation officer and present ADGP (intelligence) T P Senkumar. Coming down
heavily on the CJM, the court observed that the CJM’s order was “illegal,
irrelevant and did not form the subject matter of the case.” The court further
directed the Kochi city police commissioner to take over the investigation.
Justice N K Balakrishnan passed the order on an appeal filed by the state
government and Senkumar challenging the CJM’s order. “Negative remarks by the
CJM will have an adverse effect on the official career of the petitioner,” the
court said.
The Ernakulam CJM, while dismissing a petition filed by the Kochi
City Police Commissioner seeking permission for further investigation in the
case, had termed Senkumar’s intervention as dubious. The CJM had observed that
Senkumar and his aides were exploring the possibilities to frighten the court
and that Senkumar, who was serving as the transport commissioner, was
unnecessarily intervening in the investigation.
HC issues notices to government, medicos
The bench, comprising chief justice Madan B. Lokur and justice PV
Sanjay Kumar, directed the registry to serve notices in person to the striking
junior doctors also to make them file a counter by Tuesday.
Advocate-general A Sudershan Reddy told the court that the
government had taken necessary measures to avert people's problems arising out
of the strike and the boycott of emergency services by junior doctors. As per
the agreement reached in 2009, the government had been enhancing the stipend at
15 per cent a year and also reviewing the agreement every six months, he said.
``The present demands put forth by the junior doctors are not only unreasonable
but also violation of the agreement. Besides, the junior doctors have been
raising objections to the condition of working in rural areas for a specific
period as part of the MBBS course,'' he said.
Petitioner's counsel PV Krishnaiah said poor patients were
suffering because of the strike, particularly due to the boycott of emergency
services, by junior doctors of government hospitals. He wanted the court to
declare the strike as illegal and to direct the government to consider the
'reasonable' grievances and demands of the striking junior doctors. The issue
will come up for hearing on Tuesday.
AMRI fire: HC asks why were slum dwellers rewarded
: Wed Feb 15 2012, 06:40 hrs
During the hearing on the bail petitions of the five directors of the AMRI Hospital, the Calcutta High Court asked as to why the state government offered rewards to slum dwellers near the hospital.
Opposing the bail plea of R S Agarwal, one of the directors of AMRI who is lodged in the SSKM hospital from December 19, advocate Kalyan Banerjee, counsel of the state, said he had attended the board meeting from 2006 to 2010, when the basement of the building was illegally converted from car parking space to stores. He, however, did not attend the board meeting in 2011 due to ill health.
Hearing will be continued on Wednesday.
HC quashes rape case after alleged rapist marries victim
PTI | 09:02
PM,Feb 14,2012
New Delhi, Feb 14 (PTI) The Delhi High Court today quashed a case of rape
registered against a man after he married the victim as per the court's order.
Justice Suresh Kait quashed the FIR against Sanjay accepting the joint pleas
for the relief made by him and his victim, who said they were married now and
also furnished the proof of their marriage. While granting interim bail to
Sanjay earlier, Justice Kait had directed him to marry the victim and produce
the marriage proof for getting the FIR, lodged by the woman against him,
quashed. According to the FIR, both Sanjay and the victim were employed as
domestic help in a businessman's house in Anand Niketan of South West Delhi. As
per the FIR, Sanjay had raped the victim in February last year, taking
advantage of the fact that his employer and his family had gone out of the
city. Following registration of the case by the woman with Dhaula Kuan police
station, the accused had been arrested on February 18, 2011. After a year in
custody, they settled the issue as the victim agreed to his proposal to marry
her and then both of them approached the court for quashing of the FIR. PTI PNM
RAX HC orders reinstatement of retd BHS-cadre doctors
Nishant Sinha, TNN Feb 14, 2012, 09.53PM IST
PATNA: Good news for the PG doctors of Bihar Health Services (BHS) cadre!
All such PG degree holder doctors who had retired between January 2011 and November
2011 will be reinstated to their post.An order to this effect was passed by a single bench of the Patna high court presided by Justice A K Tripathi on Tuesday on a bunch of PILs challenging the state government's decision to increase the retirement age of doctors of Indira Gandhi Institute of Cardiology (IGIC).
The state government had on January 28, 2011 raised the retirement age of those doctors of IGIC having post-graduation degrees to 65 from 62. The decision was taken at a cabinet meeting presided over by Chief Minister Nitish Kumar.
A number of PILs were filed against the decision, stating that the retirement age of 18-20 doctors of IGIC was extended even though they were not in teaching cadre. They were all general-cadre doctors and did not hold the qualification of teaching cadre. The court was also informed that most of the doctors working at IGIC, touted as a super-speciality hospital for heart ailments, did not hold any cardiology super-speciality degree or any teaching experience. The institute fell under non-teaching category, they contended.
The court had in February 2011 ordered the health department to give in writing the reasons for the decision. The department, though, failed to reply to the court's order on which a contempt case was filed in the high court by the then Patna civil surgeon Dr R K Chaudhary.
Justice Tripathi on Tuesday ruled that IGIC did not rank as a medical teaching institution and was not different from other institutes under Bihar Health Services. He directed the government to reinstate all the PG doctors in the state who have retired between January 2011-November 2011 with all the benefits they are entitled to with effect from their superannuation date.
HC dismisses writ on new tehsil building
ALLAHABAD: A division bench of
the Allahabad high court on Tuesday dismissed a writ petition filed by Mau
Vyapar Mandal on restraining the state government from constructing a new
tehsil building in place of the old building at Mohammadabad Gohana in Mau.
The order was passed by a division bench of Justice Amitava Lala and Justice PKS Baghel on a writ filed by UP Udyog Vyapar Pratinidhi Mandal, Mohammadabad Gohna, Mau through its general secretary Prem Chandra Churasia. The petition was opposed by the standing counsel Ramanand Pandey saying that construction of the new tehsil building is a policy decision of the state and would be located too only 800 metres away from the old tehsil building. Pandey said interference on the instance of a petition was uncalled for. The bench dismissed the writ after hearing the parties.
The order was passed by a division bench of Justice Amitava Lala and Justice PKS Baghel on a writ filed by UP Udyog Vyapar Pratinidhi Mandal, Mohammadabad Gohna, Mau through its general secretary Prem Chandra Churasia. The petition was opposed by the standing counsel Ramanand Pandey saying that construction of the new tehsil building is a policy decision of the state and would be located too only 800 metres away from the old tehsil building. Pandey said interference on the instance of a petition was uncalled for. The bench dismissed the writ after hearing the parties.
Delhi HC blast: court extends custody of Wasim Akram
A Delhi Court today extended by two weeks the judicial custody of
Wasim Akram Malik, who was arrested for his alleged role in the blast outside
the Delhi High Court premises in September last year.
District Judge H.S. Sharma extended Malik’s judicial custody till
February 28 during an in-camera proceeding after the National Investigation
Agency (NIA) said the probe in the case was going on, court sources said.
A Handwriting specimen of Malik was taken by a magistrate on
January 31 after the court had allowed the NIA’s plea to secure it.
Malik, a student of Unani medicine in Bangladesh, has been dubbed
by the NIA as a ‘key link’ in the conspiracy behind the September 7 blast
outside gate number 5 of the Delhi High Court which killed 17 persons and
injured over 90.
The court had yesterday extended the judicial custody of
co-accused Amir Abbas Dev till February 27.
Dev, a Jammu and Kashmir native, was arrested by the NIA for
allegedly sending terror e-mails to media groups after the September 7 blast
last year.
A magistrate had earlier recorded Dev’s statement under Section
164 of the CrPC in an in-camera proceeding.
A statement recorded by a magistrate under section 164 of the
CrPC bars the accused from resiling from it on his depositions during trial and
makes him liable for prosecution for perjury if he does so.
HC reserves verdict on Kushwaha name row
LUCKNOW: The Lucknow bench of Allahabad High
Court on Tuesday reserved its verdict on a PIL filed against former BSP minister Babu Singh
Kushwaha into his name controversy. A bench of Justice Imtiyaz Murtaza and
Justice DK Upadhyay heard the matter and reserved the judgement.
A PIL had said that Kushwaha's real name was Ramcharan Kushwaha. But, he changed his name with an intention to misuse it. HC to hear UP-Centre spat over MNREGS on March 14: The Lucknow bench on Tuesday asked the Centre as to why the rural development minister wrote to UP CM for her concurrence in initiating CBI probe into the financial anomalies, as the Centre itself is much competent to order a probe into any kind of bungling with regard to the MNREGS .
A division bench of Justice Uma Nath Singh and Justice Ritu Raj Awasthi said that the court failed to understand as to why a letter was written for concurrence of the state, though it is evident from an apex court order that the Centre itself could direct for any probe, if it finds anomalies in utilisation of MNREGS funds. The court directed the secretary of union rural development ministry to furnish an affidavit with his reply. It posted the matter for next hearing on March 14.
A PIL had said that Kushwaha's real name was Ramcharan Kushwaha. But, he changed his name with an intention to misuse it. HC to hear UP-Centre spat over MNREGS on March 14: The Lucknow bench on Tuesday asked the Centre as to why the rural development minister wrote to UP CM for her concurrence in initiating CBI probe into the financial anomalies, as the Centre itself is much competent to order a probe into any kind of bungling with regard to the MNREGS .
A division bench of Justice Uma Nath Singh and Justice Ritu Raj Awasthi said that the court failed to understand as to why a letter was written for concurrence of the state, though it is evident from an apex court order that the Centre itself could direct for any probe, if it finds anomalies in utilisation of MNREGS funds. The court directed the secretary of union rural development ministry to furnish an affidavit with his reply. It posted the matter for next hearing on March 14.
HC asks govt to pay pension of retd transport officials in two weeks
Express
news service : Kolkata, Wed Feb 15 2012, 06:41 hrs
The Calcutta High Court on Tuesday ordered that the pension of the retired employees of state-owned transport companies cannot be stopped and directed the state government to pay the pension within 14 days. The Bench also directed the state government to pay 50 per cent arrears of the retirement benefits within five weeks.
In November 2011, a single bench of the Calcutta High Court directed the transport companies to stop paying salaries to their higher officials until they paid the pension to their retired employees. The companies then challenged this order to the Division Bench of the Calcutta High Court headed by Chief Justice Jaynarayan Patel.
Bombay HC slams CBI over Adarsh probe pace
Published: Tuesday, Feb 14,
2012, 22:23 IST | Updated: Tuesday, Feb 14, 2012, 23:42 IST
By Urvi Mahajani | Place: Mumbai | Agency: PTI
The CBI, which is probing the alleged scam in
the allotment of flats in the Adarsh Co-operative Housing Society in South
Mumbai for the past 15 months, wants three more months to complete the probe. A
division bench of Justices SA Bobade and R Dhanuka of the Bombay high court,
however, refused to grant any more time without the agency making a formal
application within two weeks.By Urvi Mahajani | Place: Mumbai | Agency: PTI
“We are not giving three months’ time. How long have you been probing the matter? Have you looked into the income-tax report?” justice Bobade asked K Sudhakar, the CBI counsel who termed the case a “complicated one” as “there are alleged several benami transactions needing to be probed”.
When the petitioner’s advocate Ashish Mehta, alleged the probe had been going at snail’s pace since 15 months, with the investigative agency repeatedly seeking more time at every hearing, Justice Bobade ruled that the CBI make a formal plea “stating all that you have done so far” and “what else is left to be done”.
The CBI recently questioned former CM Ashok Chavan, one of the 14 persons against whom an FIR was lodged last year. As per the FIR, which was lodged after the Bombay high court handed over the probe to CBI in February 2011, Chavan during his tenure as revenue minister (2001-03) entered into a criminal conspiracy along with the society’s chief promoter RS Thakur, retired Army official MM Wanchoo, senior IAS officer Jairaj Phatak and former MLC Kanhaiyalal Gidwani. The CBI found that Chavan had allegedly bypassed several rules to pass a letter urging the inclusion of civilians in the Adarsh society, initially meant for Kargil war widows and victims.
The HC is hearing many PILs
seeking action against government officers and ministers allegedly involved in
the scam.
HC to treat orphanage case as
pil; hearing today
Harish
V Nair, Hindustan Times
New Delhi, February 14, 2012
New Delhi, February 14, 2012
The shocking details of sexual assault and harassment of
children at an orphanage in Daryaganj has caught the attention of the Delhi
High Court in the form of an email.
Acting Chief Justice AK Sikri, who received the email, promptly decided to convert it into a public interest litigation (PIL) and fixed it for hearing on Wednesday.
One Bharti Ali had sent the email to justice Sikri
with attachments of various newspaper reports on the incidents in the
orphanage. Requesting a probe and asking for “urgent intervention” by the court
and the government, the email said that “the children in the orphanage are
being subjected to various kinds of suffering”.Acting Chief Justice AK Sikri, who received the email, promptly decided to convert it into a public interest litigation (PIL) and fixed it for hearing on Wednesday.
The incidents were brought to light by a voluntary organisation named Haq Foundation. Their findings were based on personal interviews and interaction with the children who live in the orphanage.
The report alleged that older residents and staff members of the orphanage subjected a number of children to physical abuse and sexual assault.
Police had asked Haq Foundation for assistance in investigating the death of an 11-year-old girl who lived in the orphanage.
HC rejects plea, paves way for Akademi award
A division bench of Chief Justice V Gopalagowda and Justice BN
Mohapatra directed the Assistant Solicitor General to immediately inform the
Akademi of the vacation of the interim stay on the presentation.
The Bench, which had concluded its hearing on Monday, held that
there was no public interest involved in the case. The selection of the book
had been made in accordance with the rules, the court ruled. Rejecting the
submission of the petitioner, a novelist Sricharan Pratap alias Kaniska, that
the book did not feature in the ground list and was inserted in the shortlist
subsequently, the Bench ruled that the jury members were empowered to do so as
per the laid rules for selection process.
The petitioner had also contended that the book was not written
between 2007 and 2009 to be eligible for the 2011 award. The award rules
stipulate nomination of a work in any of the recognised languages, which is
first published during the three years prior to the year immediately preceding
the year of the award.
The author in an interview to a monthly magazine “Jugashri
Juganari” in 2010 has stated that she had not written a book for the last 20
years. By her interview, the book could not have been written during the
eligible period, Kaniska stated.Dev’s counsel produced copies of the book and
evidence that it was published in 2009.
HC pulls up govt over conversion row
AHMEDABAD: The Gujarat high
court has pulled up the authorities for cancelling licence of a government
marriage registrar for solemnizing marriage of a Christian boy with a Hindu
Brahmin girl in Kheda.
Subhashchandra Ishudas Parmar is authorized registrar to solemnize and register marriages as per the Indian Christian Marriage Act. The state government cancelled his licence for solemnizing the marriage of people belonging to different religions - Pinakin Macwan and Vishruti Shukla, on the ground that he violated anti-conversion law by converting the Hindu girl to Christianity.
As per the provisions of section 5 of the Gujarat Freedom of Religion Act, 2003, a person cannot be converted to other religion without obtaining prior permission from the district collector. Parmar solemnized the marriage of Pinakin and Vishruti on February 10, 2009, and issued them a certificate of registration of marriage. Vishruti's mother was present during the marriage and even signed the certificate of marriage as a witness.
A year later, Vishruti's father complained before the district collector that her daughter was converted to Christianity illegally. The collector issued a show-cause notice to Parmar to cancel his licence as registrar for illegally converting Vishruti to Christianity. He replied, but nobody paid any heed to his contention that the girl never converted to Christianity. His licence was cancelled in October last year.
Parmar moved Gujarat high court through advocate Saurabh Patel, who told the court that as per section 4 of Christian marriage law, conversion is not compulsory for registration and solemnization of marriage in case a Christian marries a non-Christian. Under such provision of law, marriage can take place as per religious rituals without effecting conversion.
Advocate Patel also argued that for conversion to Christianity, the sacrament is required to be performed by an authorized bishop, and Parmar is not a bishop and therefore there is no question of converting Vishruti at all. When HC questioned the government about proof of Vishruti's conversion, it could not provide any proof. This led justice S R Brahmbhatt to observe that in absence of any proof that Vishruti was converted against her will, the show-cause notice was without jurisdiction and unjustified.
HC revived Parmar's license to register marriages and pulled up the government for compelling him to come to court.
Meanwhile, the couple is also facing a criminal complaint and a chargesheet has been filed against them for violating the anti-conversion laws. However, HC has stayed all action against them.
Subhashchandra Ishudas Parmar is authorized registrar to solemnize and register marriages as per the Indian Christian Marriage Act. The state government cancelled his licence for solemnizing the marriage of people belonging to different religions - Pinakin Macwan and Vishruti Shukla, on the ground that he violated anti-conversion law by converting the Hindu girl to Christianity.
As per the provisions of section 5 of the Gujarat Freedom of Religion Act, 2003, a person cannot be converted to other religion without obtaining prior permission from the district collector. Parmar solemnized the marriage of Pinakin and Vishruti on February 10, 2009, and issued them a certificate of registration of marriage. Vishruti's mother was present during the marriage and even signed the certificate of marriage as a witness.
A year later, Vishruti's father complained before the district collector that her daughter was converted to Christianity illegally. The collector issued a show-cause notice to Parmar to cancel his licence as registrar for illegally converting Vishruti to Christianity. He replied, but nobody paid any heed to his contention that the girl never converted to Christianity. His licence was cancelled in October last year.
Parmar moved Gujarat high court through advocate Saurabh Patel, who told the court that as per section 4 of Christian marriage law, conversion is not compulsory for registration and solemnization of marriage in case a Christian marries a non-Christian. Under such provision of law, marriage can take place as per religious rituals without effecting conversion.
Advocate Patel also argued that for conversion to Christianity, the sacrament is required to be performed by an authorized bishop, and Parmar is not a bishop and therefore there is no question of converting Vishruti at all. When HC questioned the government about proof of Vishruti's conversion, it could not provide any proof. This led justice S R Brahmbhatt to observe that in absence of any proof that Vishruti was converted against her will, the show-cause notice was without jurisdiction and unjustified.
HC revived Parmar's license to register marriages and pulled up the government for compelling him to come to court.
Meanwhile, the couple is also facing a criminal complaint and a chargesheet has been filed against them for violating the anti-conversion laws. However, HC has stayed all action against them.
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