Produce certified copy of
phone bills: Panel to Ijaz
Press Trust Of India
February 25, 2012
February 25, 2012
A Pakistani judicial panel probing the memo issue has asked
star witness Mansoor Ijaz to produce a certified copy of phone bills he
presented as proof of his conversations with former envoy to the US Husain
Haqqani.
On the third day of Ijaz's deposition before the Supreme Court-appointed commission on Friday, the main accuser in the memo scandal presented four pages of a 39-page BlackBerry phone bill to back up his claims about his conversations with Haqqani, who was then the Pakistani envoy to the US.
The four pages he presented were related to his
communications with Haqqani on May 23, 2011, Ijaz claimed while deposing via a
video link from the Pakistan High Commission in London.On the third day of Ijaz's deposition before the Supreme Court-appointed commission on Friday, the main accuser in the memo scandal presented four pages of a 39-page BlackBerry phone bill to back up his claims about his conversations with Haqqani, who was then the Pakistani envoy to the US.
Ijaz claimed 11 conference calls were made between him, former US National Security Advisor Jim Jones and Haqqani during May 2011.
Zahid Bukhari, the counsel for Haqqani, said the copies of the bill did not contain any names or phone numbers and were thus ineligible as evidence.
Ijaz contended that his phone was registered in his company's name and he could not reveal the bill's total contents because they were "classified".
The three-judge commission, which is conducting the proceedings from Islamabad, then ordered Ijaz to obtain a certified copy of the bill from his phone company and send it to Islamabad.
Heated words were exchanged between Ijaz and Bukhari during the proceedings. At one point, Ijaz said Bukhari was speaking "nonsense" and Bukhari's aide objected to his behaviour. The commission ordered Ijaz to behave in accordance with the norms of a court.
US envoy's secret cable on pak havens
Meanwhile, in a separate development, in a "top-secret" cable to the Obama administration, America's envoy to Kabul has warned that the existence of terror sanctuaries in Pakistan and insurgent activities of the "lethal" Haqqani network were a "deal-killer" for the US strategy in Afghanistan.
The cable written by Ambassador Ryan C Crocker last month "amounted to an admission that years of US efforts to curtail insurgent activity in Pakistan by the lethal Haqqani network, a key Taliban ally, were failing," the Washington Post reported on Saturday.
"Because of the intended secrecy of that message, Crocker sent it through CIA channels rather than the usual State Department ones," it said.
"The sanctuaries are a deal-killer for the (Afghan war) strategy," a senior defence official, familiar with the ongoing debate, was quoted as saying by the daily. The State Department refused to comment on the authenticity of the cable.
"We are not in a position to comment on alleged leaked cables," its spokesman Mark Toner said when asked about the news report.
"Our position on the Haqqani network remains as we've expressed it publicly. Safe havens continue to pose a threat to Pakistan, Afghanistan," Toner said.
Commission of errors
Karan
Thapar, Hindustan Times
February 25, 2012
February 25, 2012
Let’s start with the Salman Khurshid affair before we delve
deeper. There’s a core question many forgot to ask while several overlooked the
answer given by the Election Commission. How serious was his original lapse and
did it merit censure? I have no doubt his subsequent defiance was indefensible. But it’s just possible it was provoked by the
Commission’s questionable censure. Not that that would forgive his thoughtless
outburst leave aside Beni Prasad Verma’s. But, at least, it might explain it.
Which is another reason for asking: What is it that Khurshid said and was it
really so terrible?
Khurshid promised the voters of Farrukhabad a 9%
sub-quota for OBC minorities. Now, before you jump to conclusions, remember
reservations are a part of the Constitution. Other parties, like the BSP and
SP, have also promised them. And reservations for minorities is not
unconstitutional.Incidentally, the Commission accepts this. What worried it were two separate concerns. First, “whether the respondent (Khurshid) has violated the model code of conduct by making a new promise”. Second, whether the promise was made by Khurshid “as a Congressman” or “as the Union minister for law and minority affairs”.
The Commission concluded this was a new promise because though both previous and the present Congress manifestos promise minority reservations, they do not specify the percentage. Khurshid did and that made this a new promise. As such, the Commission deemed it a breach of the model code.
Now reflect on what this means? It implies that party leaders cannot promise anything that is not specifically mentioned in their manifesto. In other words, they cannot go beyond it. So, if an issue arises after the manifesto is released, a politician cannot tackle it. If this is really what the model code stipulates, it needs to be promptly revised!
The Commission’s ruling also makes clear that it wasn’t the promise of minority reservations it objected to but the fixing of a percentage. If Khurshid hadn’t mentioned the percentage, the Commission would have had no problem.
On the second concern, the Commission concluded that Khurshid made the promise as a minister and not a Congressman because his private secretary and, subsequently, the district Congress committee president, while making arrangements for his Farrukhabad visit, referred to him as a minister.
No doubt they were wrong to do so but, given he’s a minister, it’s a mistake that’s easily made. More importantly, it’s not a big thing. It would only be if Khurshid himself had instructed that his ministerial privileges be exploited for his party’s gain. But even the Commission doesn’t suggest that. And I’m told Khurshid travelled in a private car.
Quite frankly, the Commission’s peculiar logic lead it to pronounce a strange censure. Salman Khurshid had done nothing wrong. If his staff had erred it was only marginally. The censure, however, was not on them but their boss.
I wanted to interview the Chief Election Commissioner about all this. He agreed but his colleagues stopped him. The interview would have started with the Khurshid issue but the deeper, broader subject would have been the model code. Is it being correctly interpreted by the Commission? Or is a strict, legalistic reading making the Commission appear mechanical and unthinking? And, most importantly, does it need to be revised?
These are critical issues and if the Commission wants to circumvent the threat of statutory status it must answer them. In fact, the sooner the better. Silence can only make matters worse.
Child rights commission to be set up in state
Express
news service : Kolkata , Sun Feb 26 2012, 02:34 hrs
The State Cabinet will soon approve the proposal for the formation of a
commission for the protection of child rights in West Bengal. “The structure for the seven-member West Bengal Commission for Protection of Child Rights has been finalised. It has been formulated on the basis of the Commission for Protection of Child Rights Act, 2005,” said a senior state government official. The proposal was mooted in the wake of an increase in child abuse incidents in the state.
Vivek Joshi, joint secretary of the Union ministry of women and child development, wrote to the state government a couple of months ago requesting it to expedite the process of setting up the commission in West Bengal. The file regarding the setting up of the commission lay at the state finance department for almost a year during the Left tenure.
Sources at Writers’ Buildings said the Chief Minister had sent back the file to the women and child development department seeking clarifications over appointment, qualification and removal of the chairperson of the commission and its members.
Sikkim, Assam Bihar Chattisgarh, Maharashtra, Delhi, Karnataka, Madhya Pradesh, Orissa, Punjab and Rajastan have already set up the child rights commission.
HC directs compensation to deceased CBI officer's family
PTI | 10:02
AM,Feb 26,2012
New Delhi, Feb 26 (PTI) Nearly nine years after the death of a young CBI
officer in a road accident, the Delhi High Court has directed the insurance
company to pay Rs 23.5 lakh as compensation to his family. It also directed the
company to pay Rs 3.5 lakh to a senior officer, who became permanently
disabled, and further ordered Rs 1.5 lakh to be paid to another CBI officer who
had sustained injuries in the accident that had taken place on May 21, 2003.
While hearing the petition of Anita Pathak for enhancement of compensation
awarded by the Motor Accident Claimant Tribunal (MACT), Justice G P Mittal
increased the compensation amount from Rs 19.5 lakh for the death of Ashutosh
Pathak, the 28-year-old inspector. "It was established that he was a young
boy of 28 years and had a bright future. His salary as Rs 12,960 was
established by salary certificate. He was entitled to an increase of 50 percent
in the salary by way of future prospects. The Claims Tribunal erred in
deducting an amount of Rs 4,710 as income tax from the deceased's monthly
income," the court said. The court ordered the Bajaj Allianz General
Insurance Co Ltd to pay Rs 3.5 lakh to ASP Vijay Kumar, 51, who was declared
permanently disabled and Rs 1.15 lakh to 53-year-old SI Harjeet Singh Sachan
for the injuries he had sustained. Justice Mittal directed the insurance
company to pay the compensation amount with 7.5 per cent rate of annual
interest to the victims through the Delhi High Court Registrar General within a
month. In May 21, 2003 these CBI officers were returning from Lucknow to Delhi
after conducting a raid in the van hired from the Unique Tour & Travel in
Lucknow. The driver of the vehicle had lost the control and the car got hit
against a tree. PTI PNM ZMN Road accident victim's parents awarded Rs 21 lakh compensation
PTI | 11:02
AM,Feb 26,2012
New Delhi, Feb 26 (PTI) The parents of a road accident victim have been
awarded a compensation of more than Rs 21 lakh by a tribunal, after the matter
was mutually settled with the offender. Presiding Officer of Motor Accident
Claims Tribunal (MACT) Nirja Bhatia directed United India Insurance Company
Ltd, with which the offending vehicle was insured, to pay Rs 21,46,000 to the
parents of Sunny Kant Kedia, who died in an accident with a motorcycle last
year. "An award for an amount of Rs 21,46,000 is passed in view of the
statement (of both the parties). The insurance company is directed to make the
payment of the award amount failing which it shall be liable to pay interest at
12 per cent per annum for the period of delay," the court said. During
mediation, Kedia's father Nem Dass agreed to accept the amount from east Delhi
resident Amit Sharma, whose motorcycle was involved in the accident, as full
and final settlement for the claim. The accident took place on November 1 last
year when Sharma, who was riding his motorcycle rashly, hit Kedia at Mathura
Road here. Due to the impact, Kedia received grievous injuries and died. The
tribunal awarded the compensation amount to the victim's parents, residents of
Amar Colony, after recording their as well as the insurance firm's statement
regarding the mutual settlement. Out of the total money, the MACT divided the
amount equally in favour of Kedia's parents. Indian Railways fall under CCI's ambit: HC
Last Updated: Sunday, February 26, 2012, 11:48
New Delhi:
The Delhi High Court has held that the Indian Railways is an 'enterprise' and
the Competition Commission of India (CCI) is empowered to hear complaints
against it for alleged abuse of its dominant position in goods transport
sector.
Holding that
there is a "commercial angle" to the services rendered by the
railways, Justice Vipin Sanghi dismissed the railway ministry's plea
challenging the CCI jurisdiction to decide cases related to it.
"The petitioner (Ministry of Railways) is also carrying out an activity of running the railways, which has a commercial angle and is capable of being carried out by entities other than the state, as is the case in various other developed countries.
"It is not an inalienable function of the state and the submission of the petitioner that it is not covered by the definition of enterprise has no merit and is rejected," the court said while dismissing the ministry's plea.
The railways had taken a plea that it was not an "enterprise" as defined under the Competition Act and the CCI lacked jurisdiction to hear a complaint that it was allegedly abusing its dominant position in the trade of goods transport.
"The petitioner (Ministry of Railways) is also carrying out an activity of running the railways, which has a commercial angle and is capable of being carried out by entities other than the state, as is the case in various other developed countries.
"It is not an inalienable function of the state and the submission of the petitioner that it is not covered by the definition of enterprise has no merit and is rejected," the court said while dismissing the ministry's plea.
The railways had taken a plea that it was not an "enterprise" as defined under the Competition Act and the CCI lacked jurisdiction to hear a complaint that it was allegedly abusing its dominant position in the trade of goods transport.
The judgement, which broadened
the ambit of the panel by bringing railways' commercial activities under it,
came on the plea of the public carrier against a CCI verdict.
The CCI, earlier, had rejected the railways' plea, allowing a private firm's allegation that the public carrier had "abused its dominant position through its various acts/ conduct, viz, by increasing charges for various services; by not providing access to infrastructure such as rail terminals, etc...."
The private firm, as per public-private-partnership policy of the railways, had entered into an agreement with the railways on May 9, 2008 for operating container trains over rail network for domestic as well as for export and import traffic and had also invested Rs 550 crore in its project.
It later approached the CCI alleging that the railways used its dominant position by imposing unreasonable conditions on it.
The railways, however, said since the complainant company had a contract with it, the issue of abuse of dominant position should be decided by an arbitrator tribunal as per the agreement between them.
The high court brushed aside the contention that a tribunal should hear the matter, saying an "arbitral tribunal would neither have the mandate, nor the expertise, to conduct an investigation which may be necessary to decide issues of abuse of dominant position by one of the parties to the contract."
Agreeing with the competition watchdog, it held the railways is covered under the definition of 'enterprise' as running of the railways is not an inalienable function of the state.
The court also said the government had not issued any notification exempting it from the ambit of the Competition Act, regarding the services rendered by the Indian Railways.
"The exemption under the Competition Act could be granted in relation to the activities relatable to sovereign functions of the government, and not in relation to all the activities of such an enterprise.
"Pertinently, there is no notification issued. This clearly shows that the central government does not consider any of the activities of petitioner (Ministry of Railways) as relatable to sovereign functions," the court said.
The CCI, earlier, had rejected the railways' plea, allowing a private firm's allegation that the public carrier had "abused its dominant position through its various acts/ conduct, viz, by increasing charges for various services; by not providing access to infrastructure such as rail terminals, etc...."
The private firm, as per public-private-partnership policy of the railways, had entered into an agreement with the railways on May 9, 2008 for operating container trains over rail network for domestic as well as for export and import traffic and had also invested Rs 550 crore in its project.
It later approached the CCI alleging that the railways used its dominant position by imposing unreasonable conditions on it.
The railways, however, said since the complainant company had a contract with it, the issue of abuse of dominant position should be decided by an arbitrator tribunal as per the agreement between them.
The high court brushed aside the contention that a tribunal should hear the matter, saying an "arbitral tribunal would neither have the mandate, nor the expertise, to conduct an investigation which may be necessary to decide issues of abuse of dominant position by one of the parties to the contract."
Agreeing with the competition watchdog, it held the railways is covered under the definition of 'enterprise' as running of the railways is not an inalienable function of the state.
The court also said the government had not issued any notification exempting it from the ambit of the Competition Act, regarding the services rendered by the Indian Railways.
"The exemption under the Competition Act could be granted in relation to the activities relatable to sovereign functions of the government, and not in relation to all the activities of such an enterprise.
"Pertinently, there is no notification issued. This clearly shows that the central government does not consider any of the activities of petitioner (Ministry of Railways) as relatable to sovereign functions," the court said.
In preventive detention, subjective satisfaction of authority key: Bench
In preventive detention cases, the court cannot interfere with
the subjective satisfaction reached by the detaining authority (DA) on breach
of public order, except in exceptional cases and on extremely limited grounds,
the Supreme Court has held.
A Bench of Justices P. Sathasivam and J. Chelameswar said, “The
court cannot substitute its own opinion for that of the DA when the grounds of
detention are precise, pertinent, proximate and relevant, that sufficiency of
grounds is not for the court but for the DA to form subjective satisfaction
that the detention of a person with a view to preventing him from acting in any
manner prejudicial to public order is required and that such satisfaction is
subjective and not objective.”
Writing the judgment, Justice Sathasivam said: “The object of the
law of preventive detention is not punitive but only preventive and further
that the action of the executive in detaining a person being only
precautionary, normally, the matter has necessarily to be left to the discretion
of the executive authority. It is not practicable to lay down objective rules
of conduct in an exhaustive manner. The satisfaction of the DA is, therefore,
considered to be of primary importance with certain latitude in the exercise of
its discretion.”
In the instant case, the appellant Subramanian of Tiruchirapalli,
a habitual offender, was detained by the Tamil Nadu government under the
Goondas Act on July 21, 2011 and his preventive detention for one year was
upheld by the Madras High Court. The present appeal is directed against the
dismissal of his writ petition.
“Habitual offender”
Dismissing the appeal, the Bench said: “We perused the entire
grounds of detention. The order shows that there is a compelling necessity to
detain the appellant in order to prevent him from indulging in such activities
in future which are prejudicial to the maintenance of public order. The details
show that the detenu was a habitual offender and as such instances shown are
not stale as argued by the appellant's counsel. These aspects have been taken
note of by the High Court. All the incidents mentioned in the grounds of
detention clearly substantiate the subjective satisfaction arrived at the by
the DA as to how the acts of the detenu were prejudicial to the maintenance of
public order.”
The appellant's representation to the Advisory Board for
reconsideration of his detention had been rejected and the Board had confirmed
his detention and there was no delay in considering the representation by the
authorities, the Bench noted and dismissed the appeal.
Process to merge BHMRC, central body begins
BHOPAL: After a string of
controversies, Bhopal
Memorial Hospital and Research Centre
(BHMRC), meant for the victims of gas tragedy, is in the process of integrating
itself with the centre's Department
of Health Research (DHR), official sources said.
As a petition related to the BMHRC is slated to come up before the Supreme Court for hearing on March 2, DHR officials have set in motion the process to finalize a blue print of modalities such as service books of employees so as to bring them at par with employees of DHR. BMHRC is under Indian Council for Medical Research (ICMR) after it was handed over from the department of atomic energy in January this year.
While hearing a petition filed by the Bhopal Gas Peedit Mahila Udyog Sanghathan (BGPHUS) and others in December 2011, the apex court had sought a clarification from the Centre on the employees demand for Sixth Pay Commission after BGPHUS lawyer stated that a proposed strike by the employees would adversely affect the interest of gas victims.
While the Centre is supposed to file reply on March 2, BMHRC nurses association on Friday moved the Supreme Court with a writ petition seeking implementation of the Sixth Pay Commission along with various other reliefs.
The BMHRC nurses body had a meeting with BMHRC and DHR officials on Saturday and categorically stated that they would accept nothing less than Sixth Pay Commission.
However, BMHRC director K K Maudar cited procedural delay in the non-implementation but assured the nursing employees of an early solution on the issue.
BMHRC sources said, however, maintained that in the present circumstances revised salary is unlikely to be implemented before April and the management is considering provisional sixth pay commission status only.
As a petition related to the BMHRC is slated to come up before the Supreme Court for hearing on March 2, DHR officials have set in motion the process to finalize a blue print of modalities such as service books of employees so as to bring them at par with employees of DHR. BMHRC is under Indian Council for Medical Research (ICMR) after it was handed over from the department of atomic energy in January this year.
While hearing a petition filed by the Bhopal Gas Peedit Mahila Udyog Sanghathan (BGPHUS) and others in December 2011, the apex court had sought a clarification from the Centre on the employees demand for Sixth Pay Commission after BGPHUS lawyer stated that a proposed strike by the employees would adversely affect the interest of gas victims.
While the Centre is supposed to file reply on March 2, BMHRC nurses association on Friday moved the Supreme Court with a writ petition seeking implementation of the Sixth Pay Commission along with various other reliefs.
The BMHRC nurses body had a meeting with BMHRC and DHR officials on Saturday and categorically stated that they would accept nothing less than Sixth Pay Commission.
However, BMHRC director K K Maudar cited procedural delay in the non-implementation but assured the nursing employees of an early solution on the issue.
BMHRC sources said, however, maintained that in the present circumstances revised salary is unlikely to be implemented before April and the management is considering provisional sixth pay commission status only.
PIL seeks CBI probe into 'misuse' of funds in Chitrakoot
PTI | 07:02
PM,Feb 25,2012
Allahabad, Feb 25 (PTI) An advocate moved the Allahabad High Court today
seeking a CBI probe into alleged "misuse" of Central funds given to
the Uttar Pradesh government for development of Chitrakoot district in
Bundelkhand region. Petitioner Jagdish Singh Bundela filed an PIL alleging that
the Centre had released a sum of Rs 7,266 crore under the Bundelkhand Special
Package out of which Rs 422.26 crore meant for Chitrakoot was
"misused". Bundela has claimed that, likewise, money released for
Chitrakoot under schemes like 'Pichhda Kshetra Anudan Nidhi' and 'Rashtriya Sam
Vikas Yojana' has also been "misappropriated". The PIL is likely to
come up for hearing on Wednesday. PIL against NCTC order dismissed
The counsel for the petitioner could not satisfy the bench as to
wherefrom the undated notification was procured. Discussions and deliberations
were going on between the Centre and different States relating to the
implementation of the order and the final notification had not yet been issued.
“Keeping in mind the facts and circumstances of the case, we are not inclined
to entertain the writ petition,” the bench said and dismissed it.
PIL seeks setting up of AIEEE, AIPMT exam question papers in regional languages
MADURAI: The Madurai bench of the Madras high
court has ordered notice to the Union government
on a petition seeking to conduct the All India Engineering/ Architectural
Entrance Examination (AIEEE) and All India Pre-Medical/ Pre-Dental Entrance
Examination (AIPMT) in regional languages. The petitioner wanted the government
to set the question papers in all languages, including those listed in the VIII
scheduled of the constitution of India, particularly in Tamil along with
English and Hindi.
The bench comprising Justice Chitra
Venkataraman and Justice R Karuppiah gave the order to the Union government
and the Central
Board of Secondary Education, (CBSE) to reply to the petition within four
weeks.
According to the petitioner, K Pachaimal, a
retired Tamil teacher in Kanyakumari district, the Union government through
CBSE is conducting the All India Common Entrance Examination for admission to
engineering, architecture, medical and dental courses in various Central
government institutions and for 15% seats in state government institutions.
CBSE has now announced the AIEEE - 2012 and scheduled its examination on April
29 for offline examination and May 5 and May 26 for online examinations. It
also announced the AIPMT - 2012 exams scheduled to be conducted on April 1
(preliminary) and May 13 (final).
The petitioner contended that in these
circumstances, the students, those who complete their higher secondary
examination through Tamil as medium of instruction and from schools run by the
government of Tamil
Nadu, government-aided and self-financed, will be forced to appear in the
above common entrance examination either in English or Hindi, which is against
their right to equality.
"Majority of these students are from urban
poor, rural and weaker sections of the society and have deep knowledge in their
necessary subjects through their mother tongue, will definitely lose their
opportunity due to the language of the question paper prepared in English and
Hindi by the CBSE," she contended.
The petitioner further added, "The students
studying in their mother tongue should also be given an equal opportunity to
appear and express their ability, in terms of subject knowledge, comprehension,
reasoning and analytical ability through their mother tongue. Otherwise there
will be a great prejudice, injustice and discrimination caused to the similarly
placed students." Therefore, the Union government ought to conduct the
common entrance examinations in regional languages, particularly in Tamil to
provide equal opportunity by the students studying in their mother tongue."
Madurai: The Madurai bench of the Madras high
court has ordered notice to the Union government on a petition seeking to
conduct the All India Engineering/ Architectural Entrance Examination (AIEEE)
and All India Pre-Medical/ Pre-Dental Entrance Examination (AIPMT) in regional
languages. The court asked the government to set the question papers in all
languages, including those listed in the VIII scheduled of the constitution of
India, particularly in Tamil along with English and Hindi.
The bench comprising Justice Chitra Venkataraman
and Justice R Karuppiah gave the order to the Union government and the Central
Board of Secondary Education, (CBSE) to reply to the petition within four
weeks.
According to the petitioner, K Pachaimal, a
retired Tamil teacher in Kanyakumari district, the Union government through
CBSE is conducting the All India Common Entrance Examination for admission to
engineering, architecture, medical and dental courses in various Central
government institutions and for 15% seats in state government institutions.
CBSE has now announced the AIEEE - 2012 and scheduled its examination on April
29 for offline examination and May 5 and May 26 for online examinations. It
also announced the AIPMT - 2012 exams scheduled to be conducted on April 1 (preliminary)
and May 13 (final).
The petitioner contended that in these
circumstances, the students, those who complete their higher secondary
examination through Tamil as medium of instruction and from schools run by the
government of Tamil Nadu, government-aided and self-financed, will be forced to
appear in the above common entrance examination either in English or Hindi,
which is against their right to equality.
"Majority of these students are from urban
poor, rural and weaker sections of the society and have deep knowledge in their
necessary subjects through their mother tongue, will definitely lose their
opportunity due to the language of the question paper prepared in English and
Hindi by the CBSE," she contended.
The petitioner further added, "The students
studying in their mother tongue should also be given an equal opportunity to
appear and express their ability, in terms of subject knowledge, comprehension,
reasoning and analytical ability through their mother tongue.". Otherwise
there will be a great prejudice, injustice and discrimination caused to the
similarly placed students. Therefore, the Union government ought to conduct the
common entrance examinations in regional languages, particularly in Tamil to
provide equal opportunity by the students studying in their mother
tongue."
Goa: Baba Ramdev to hold day-long fast today
This will be Ramdev's first step into the limelight after the Supreme Court held him equally responsible for the Delhi Police crackdown on his supporters in June last year.
Yoga guru Baba Ramdev on Thursday claimed victory in the Ramlila crackdown case after the Supreme Court came down heavily on the state and Delhi Police for the midnight violence. However, he said that it was not right to say that he was equally responsible for the incident.
"It is not correct that I was equally responsible. Delhi police edited the CCTV footage which was shown to the court. Let me read the entire verdict then I will react to what the court has said about holding me partly responsible for the incident. Is holding protest a crime? Ramdev said.
"Government misused it powers and violated human rights. Amicus curiae had given all proofs to the court that senior police officers were taking directions from the Home Ministry. I told the crowd to maintain peace. I could not have done more. I told the cops present there to arrest me and told them not to do lathi charge but they did not listen," Ramdev said in a press conference.
He said that he will continue his agitation against corruption. "Let me read the entire verdict then I will react to what the court has said about holding me partly responsible for the incident. Is holding protest a crime? Ramdev said.
The Supreme Court has pulled up yoga guru Baba Ramdev and the Delhi Police in the Ramlila Maidan crackdown case, saying that both were responsible. The Supreme Court ruling said that Ramdev is guilty of negligence in the midnight crackdown case, but at the same time the court also said that the police crackdown on June 5, 2011 was unnecessary.
Observing that it was a glaring example of trust deficit between the people and the government, the court also blamed Ramdev, who was on an anti-corruption fast along with his followers at Ramlilla Maidan, for the violence.
Senior Supreme lawyer Ram Jethmalani said that Home Minister P Chidambram should step down.
"Who gave power to the Home Minister of India not to allow the demonstration and deport people from Delhi. The entire crowd was sleeping when the attack took place," he said.
Outside SC lens, a massacre trial wrecked by hostile witnesses
Parimal Dabhi :
KIDIYAD, Sun Feb 26 2012, 01:52 hrs
The state highway cutting through greenery and leading to
the village of Kidiyad in Sabarkantha district of central Gujarat lifts the
mood, unless one allows in the memories of March 2, 2002, when nearly 75
Muslims fleeing their village in two mini trucks to Lunawada in the Panchmahals
district were burnt alive and killed.
Leading the rioters at Limbadiya chowk in the Panchmahals was Kalu Maliwad,
who was let off after witnesses turned hostile in the court. Maliwad went on to
become an MLA from Lunawada on a BJP ticket in the Assembly polls held in
December 2002. He was last seen organising Chief Minister Narendra Modi’s
Sadbhavana mission fast in Godhra on January 20, 2012. The former MLA has a reason to breathe easy. The case against him has come a full circle 10 years later. After the Godhra sessions court acquitted Maliwad and eight others in 2002, the state government filed an appeal in the High Court. The state police also extended the investigation on the basis of the statements of the witnesses and submitted three more chargesheets against 23 new accused in the massacre case which is not being probed by the Supreme Court-appointed SIT.
In the re-trial which started January last year, 26 of the 37 witnesses examined turned hostile. They denied that the police ever recorded their statements and absolved the accused. In the earlier trial, the prosecution was roundly criticised for ignoring the trend of witnesses turning hostile.
Public prosecutor in the case, Dushyant Pathak, pleads helplessness. “At present, we cannot do anything about this (witnesses turning hostile) except for declaring them hostile and contradict their statements (given before court and police),” he says.
“If, the court acquits the accused on the basis of the retracted statement of a witness, we may write to the legal department to initiate perjury proceedings against such witnesses,” he says.
Salim Sindhi, one of the witnesses in the case, says nearly 100-120 Muslims of Kidiyad had left their village in two tempo trucks to move to a safer place in Modasa after communal tension gripped the state following the Godhra train carnage.
“However, the road towards Modasa was blocked. So, we moved towards Lunawada. But when we reached Limbadiya chowk (crossroads), a huge mob of Hindus armed with sharp-edged weapons attacked the two tempo-trucks and killed around 75 people,” says Sindhi, who is in one of the ill-fated tempo trucks. Later, the rioters ransacked and looted Muslim properties in the surrounding villages.
Today, the Muslim locality of Kidiyad still wears a deserted look, its half-collapsed houses still standing witnesses to the mayhem. Muslims here now plan to repair the local mosque destroyed back then.
Of the total 100-120 Muslim families that lived here then, only 10 have returned. The rest settled in Modasa.
Salim Sindhi, who was then the sarpanch of Kidiyad, say of the 200 homes in the village then, 50 were of Muslims. Today, the Thakor community rules here with around 100 houses.
Ismail Sindhi’s was the first family to come back to Kidiyad three years ago, after first spending months at a relief camp in Modasa and then living at a house provided by Islamic Relief Committee in Modasa. “We have got land in the village. There is no point staying in Modasa if we are to cultivate crops in the land for survival. We are not happy with what happened but, one needs to move on,” says Nanumiyan Sindhi, who has rebuilt his mud home. Kidiyad is a fertile and well-irrigated village.
“If we do not stay here, you never know what would happen to our land in our absence. So, we have returned to our village to look after our fields,” says Shabbir Sindhi.
The villagers have slowly started getting basic amenities like electricity and drinking water.
Master alive, ‘Lucky’ back “Lucky”, a Marwari horse owned by Ismail Sindhi’s family, was tethered outside their house when the rioters stormed the village.
“We had taken shelter in a nearby farm. One of the rioters stole the horse and gave it to one of his relatives,” says Ismail Sindhi. “But, one of my two sons (who is no more now) had identified the person and told us after reaching a relief camp in Modasa,” he says.
Ismail’s other son, Gulam Sindhi, says they finally got “Lucky” back with the help of a social worker and police intervention. The person who had stolen it confessed and returned Lucky, says Gulam, adding they did not want to lodge a police complaint in the communally charged atmosphere.
The Sindhis now earn around Rs 1 lakh per year renting
Lucky at various marriage and other functions. And, yes, Lucky is a master “dancer”.
Our laws, their laws
Meghnad Desai :
Sun Feb 26 2012, 02:29 hrs
I had a call the other day from a friend in Italy. She is a
journalist covering India expertly and has been here several times. She asked
as to why the sentiment in India was so anti-Italian. After all, there had been
disputes about fishermen killed at sea between India and Sri Lanka. So why was
this dispute so different?
My guess was that Italy being a European country, the memories of
colonialism came into play with any such violent incident where Indian lives
had been lost. It had nothing to do, I assured her, with Sonia Gandhi’s Italian
background as this issue had not come up in India at all. In this matter, it
would help immensely if the Catholic Church kept completely out of this dispute
which is not about religion. The fact that the Vatican is in Italy is
irrelevant. As far as India is concerned, the issue is straightforward. Two Kerala fishermen have been killed by Italian naval personnel—Massimiliano Latorre and Salvatore Girone—who were guarding Enrica Lexie. The fact that the fishermen could have been mistaken for pirates, adds insult to the injury. It may be that the location was technically outside the limits as defined by UN Convention of the Law of the Sea but it was close enough. What is more, it was an Indian ship, and, by Indian law, that is Indian territory.
Italians are relying on international law and arguing that as the incident was at high seas, the Italian law should apply since international law says so. They want their soldiers to be tried in Italian court.
Whose law should prevail? Ours, theirs or the international law?
Few Indians doubt what their answer would be. The case would have been even stronger had the incident taken place within the limits as defined by UNCLOS (United Nations Convention on the Law of the Sea).
But then there is the case of the children of Sagarika and Anurup Bhattacharya who have been taken into care in Norway and their law dictates that the children be kept there until they are adults. Indians are outraged, of course, and feel that the Norwegians are being stupid, ignorant of our culture and insensitive. Yet it is Norway’s territory and its law which is being applied.
The background here is that across Scandinavia, there has been a strong welfare state which takes a very active role in family relations. This has been developing for the last seventy years or so. Gunnar Myrdal, the well known economist and his wife Alva Myrdal, would be familiar names to Indians of a certain vintage. They were leading thinkers of the welfare state philosophy which said that you have to apply the most recent research in psychology and child health to make sure that families bring up children properly. If they fail to do so, the State must take over. There is no choice for Norwegian families in this matter. The State knows best.
It is not a doctrine which has much support in Anglo-Saxon welfare states nor in the rest of Europe but that is very much the Scandinavian way. It is difficult from a distance to know what evidence the authorities had to conclude that the children were alienated or neglected. It is unlikely to have been arbitrary. There is now some familiarity with other cultures in Scandinavian countries though not as much as in UK, France or Germany.
The UN Rights of the Child is not clear on this issue. It urges countries both to respect the rights of the child against abuse (most often from within the family) as well as respect for cultural differences and identity. As in the Italian case, so in this one, domestic law and international law conflict. My experience as a non-lawyer is that international law is most often hopelessly vague and difficult if you want an unambiguous conclusion. I found this when we were discussing the Iraq War in 2003.
But the two disputes do pose a paradox in justice. If we apply domestic law, the Italian naval personnel are to be tried in a Kerala court. But then are the children of the Bhattacharyas legitimately held by the Norwegian welfare agencies?
Natarajans bail plea rejected
Hearing the arguments district sessions court magistrate in-charge
Mohammed Ali dismissed the bail petitions and an anticipatory bail petition.
Natarajan’s Brother Seeks Anticipatory Bail
M Saminathan, brother of Sasikala’s husband M Natarajan, has
sought anticipatory bail at the Madurai Bench of the Madras High Court
apprehending arrest in two cases. The Thanjavur police have booked Saminathan
under Section 120B (Punishment of criminal conspiracy), 147 (Punishment for
rioting), 352 (Punishment for assault), 447 (Punishment for criminal trespass)
and 506 (Punishment for criminal intimidation) of the IPC, in connection with
cases related to land grab and damage to property.
Claiming that the police had threatened Ramalingam to lodge a
false complaint against him, Saminathan pleaded innocence. He also assured to
co-operate with the inquiry and offer substantial sureties for his bail.
He approached the HC Bench after the District Sessions Court at
Thanjavur dismissed his bail petition.
Court firing: Three sent to police custody remand till March 3
PUNE: A magisterial court on Saturday sent three
suspects to police custody remand till March 3 for allegedly opening fire on
criminal on police record Vijay Dinkar
Karke (25) at Kamgar putla slums behind the district and sessions court at
Shivajinagar on Thursday.
The suspects are Sangram Gholap (26) of
Mangalwar Peth, Ravindra Chavan (30) and Akshay alias Lala Pawle (26),
both residents of Ambegaon Pathar.
Karke was at the court to attend the hearing for
his friend Avinash
Shilamkar, an eyewitness, in the murder case of Sandeep Bandal,
MNS leader
from Bhor taluka.
All three are also suspects in the Bandal murder
case and Shilamkar had deposed against them in the court. The Shivajinagar
police arrested the suspects on Friday after seeking permission from the
court.
Senior inspector Pandharinath
Patil produced the suspects before the court of judicial magistrate first
class M Y Doiphode for seeking 10-day police custody.
Assistant
public prosecutor Rajendra Suryawanshi
submitted before the court that the suspect's custodial interrogation was
essential for recovering the firearms, arresting their absconding suspects and
for recovering the vehicle used in the crime.
Opposing the prosecution's plea, defence lawyer Makarand Walunj
argued that the police had arrested the suspects merely on suspicion. The court
then sent the suspects to police custody remand till March 3.
Woman released by welfare home to estranged father, goes missing
Jayant Sriram :
New Delhi, Sun Feb 26 2012, 00:36 hrs
A Delhi Sessions Court has asked the superintendent of a
children’s welfare home to explain why a woman was released from their custody
to her father, who had been threatening to kill her for marrying against his
wishes. Additional Sessions Judge Kamini Lau also ordered the woman’s father
detained after police submitted that she could not be found, and expressed the
fear that “something drastic” could have happened to her.
The court was hearing a case registered against one Prem Raj, based on a
complaint from the woman’s father. The father had allegedly kidnapped his
daughter, then claimed to be 15 years old, in February last year. However, a
month later, the woman contacted the police and told them that she was actually
20 years old, and competent to make her own decisions. She said she had known Prem Raj for two years, and they had already tied the knot in a temple. She claimed that her parents had been threatening her as well as her in-laws since then.
In the same month, Raj surrendered before a magistrate’s court and was taken into police custody. The woman also surrendered at the police station, and was taken to the BJRM hospital for a medical examination. After doctors estimated her age to be anywhere between 18-19 years, she registered a statement with a magistrate, stating that she was in love with Raj but her parents were not willing to come to terms with their marriage. The woman said she did not want to go back to her parents because they were threatening to kill her.
Following this, the woman was admitted to a welfare home. However, police recently said the welfare home had released the woman to her father, who was not divulging any information on her whereabouts. ASJ Lau issued a non-bailable warrant for the father, and had him detained. However, despite being questioned, he refused to give in.
According to police, the woman’s in-laws suspect that she has been married off to somebody else. The judge has now remanded the father in civil prison until she can be traced by police. The superintendent of the welfare home, located on Jail Road, West Delhi, has also been asked to explain why the woman was released to her father.
Five minors booked for sodomy
bid in Jalandhar
HT
Correspondent, Hindustan Times
Alawalpur, February 25, 2012
Alawalpur, February 25, 2012
Five school dropouts in the age group of 10 to 12 years have
been booked on the charges of attempting to sodomise a Class-6 student of
Kendriya Vidyalaya No 1, Adampur, in Punjab’s Jalandhar district and
circulating an MMS clip of the incident.
A case has been registered under sections 377, 506 and 511 of the Indian Penal Code (IPC) and various sections of the Information Technology Act.
Resham Singh, an ex-serviceman, in his complaint to
the police, said the boys (names withheld as the offenders are juvenile), all
residents of Alawalpur village, used to play with his son on the campus of the
government elementary school for girls here.A case has been registered under sections 377, 506 and 511 of the Indian Penal Code (IPC) and various sections of the Information Technology Act.
“About six months ago, one of them took my son to his house in search of a ball and tried to sodomise him. Two others attempted to commit the unnatural act later,” he alleged, adding that his son did not report the incident to him out of fear. “My son became the butt of jokes among his friends,” he alleged.
Family members came to know about the incident through the MMS clip. “We promptly reported the matter to the police, seeking stringent action against the accused,” Resham said.
The complainant as well as the accused belong to the Dalit community. The latter’s parents work as labourers.
Sources said the parents of the accused had offered to pay compensation to the victim’s family, but a compromise fell through.
Superintendent of police Rajinder Singh said the police had conducted raids on houses of the accused on Friday, but they were found absconding. “Now, their parents have produced them before the investigating officer, who is questioning them about the incident,” he added.
As per Section 377 of the IPC, “carnal intercourse against the order of nature with any man, woman or animal” is a cognisable offence, but no arrest can be made without a warrant or without a magistrate’s order. The crime is punishable with imprisonment for life or a term extendable up to 10 years.
Yeddyurappa, daughter booked in land allotment scam
SHIMOGA: Lokayukta
police filed an FIR against former chief minister B S Yeddyurappa,
his daughter B Y Arunadevi
and six others on a complaint lodged by local advocate Vinod Kumar in the
special court here on Saturday. The case has been filed under Section 13(1) of
the Indian Penal Code.
The advocate alleged that Arunadevi got four sites in the Karnataka Housing Board (KHB) colony at Kashipura Extension in Shimoga which were allotted to four of her assistants in 2007 under the journalist quota. She reportedly prevailed on her father, then deputy chief minister, to allot sites (each measuring 135sqft) to Shivashankara, Krishna, Sandesha Gowda and Manjuanth who worked in her institution. She mentioned that all four were senior journalists.
Yeddyurappa wrote to the then housing commissioner Dyaberi to allot four adjacent sites to the four people in July 2007 under the Press quota. As per the commissioner's direction, assistant executive engineer S Haleshappa, without verifying the records or antecedents of the applicants, allotted the sites in violation of rules.
The KHB authority allotted the sites and registered them in the name of the allottees. A few months later, Arunadevi transferred all four sites to her name and registered the sites by showing she bought all the four by paying a premium.
Sensing foul play in the allotment and later transfer of sites, advocate Vinod filed a complaint in the district special court seeking cancellation of allotment and initiating action of all eight people involved in the fraud. The court found a prima facie case and directed the Lokayukta to investigate. Police have filed FIR against all the eight people - Yeddyurappa, Arunadevi, KHB commissioner, executive engineer and four beneficiaries involved in the illegal deal.
The advocate alleged that Arunadevi got four sites in the Karnataka Housing Board (KHB) colony at Kashipura Extension in Shimoga which were allotted to four of her assistants in 2007 under the journalist quota. She reportedly prevailed on her father, then deputy chief minister, to allot sites (each measuring 135sqft) to Shivashankara, Krishna, Sandesha Gowda and Manjuanth who worked in her institution. She mentioned that all four were senior journalists.
Yeddyurappa wrote to the then housing commissioner Dyaberi to allot four adjacent sites to the four people in July 2007 under the Press quota. As per the commissioner's direction, assistant executive engineer S Haleshappa, without verifying the records or antecedents of the applicants, allotted the sites in violation of rules.
The KHB authority allotted the sites and registered them in the name of the allottees. A few months later, Arunadevi transferred all four sites to her name and registered the sites by showing she bought all the four by paying a premium.
Sensing foul play in the allotment and later transfer of sites, advocate Vinod filed a complaint in the district special court seeking cancellation of allotment and initiating action of all eight people involved in the fraud. The court found a prima facie case and directed the Lokayukta to investigate. Police have filed FIR against all the eight people - Yeddyurappa, Arunadevi, KHB commissioner, executive engineer and four beneficiaries involved in the illegal deal.
Ground report: fishermen community waiting for justice
However, at the Neendakara harbour, the fishing community is still struggling to get back to their normal lives.
A week after two of their men were shot dead by the Italian Navy guards, the fishing harbour in Neendakara is limping back to normalcy. And all that remains of the St Antony Boat which had carried the Indian fishermen, is four bullet marks.
One of the two, Jelestin, was on the wheels of the boat, when the first bullet struck his right ear. The other, Pinku, was standing on the backside. The other 9 fishermen on the boat say that they were taking a nap when the sound of gunfire woke them up. They woke up to the sight of their two fellowmen lying in a pool of blood. Immediately they steered the boat away from the ship, brought it back to the Needakara harbour and informed the coastal police station.
Joy and Peter, who took out the bodies of the fishermen from the boat, want the guilty to be brought to book.
Says Joy, "All those who were there on the boat that day are now scared to go to sea. A sense of insecurity prevails as this is the first time that our men have been shot down at sea."
Peter says, "If they were genuine, they would have informed the Coast Guard about the threat of pirates. They were drunk and shot down our men as if it's a joke. Why was there a delay in arresting them? They would have tampered with the evidence."
Silence fills the air at Jelestin's house. His widow recalls him as a fearless man who loved the sea. With the state government's promised compensation of Rs 5 lakhs still to reach them, the family is staring at an uncertain future.
Says Dora, Jelestin's wife, "We want justice and don't want this to be repeated. My husband was the sole bread-winner of the family. We have no one to take care of the children's education, family debts etc."
For the fishermen community in Neendakara, the very sea which was the symbol of prosperity and happiness has now become a source of fear. By punishing the guilty, they want the government to send out a strong message to the world, that Indian fishermen and their small boats cannot be treated as mere toys in the hands of the rich and the mighty.
Impose fines for adjournments: Ex-CJ of England
MUMBAI: Set a time-table for
each case and impose huge costs for adjournments, said Lord
Justice Harry Kenneth Woolf, former chief justice of England and Wales,
while giving tips to reduce the piling up of cases in Indian courts.
Woolf, Law Lord, Houses of Lords, was speaking at a seminar on Saturday on reforms in the civic justice system in the central court of the Bombay High Court. Lord Woolf, who is credited with bringing changes in the English civil justice system, admitted it was "difficult" to introduce changes and he had to persuade his fellow judges to get "proactive". "Reform of the civil justice system is just doing sensible things which an ordinary person says is much better than the way things were done," he added.
Lord Woolf said judges have to make orders meaningful and clients and advocates must be made to pay costs forthwith when they seek adjournments. "This small change has had a most sanitary effect. Once the message gets around, attitudes will change," he explained. He also supported mediation, saying "it may not get you a judgment you like, but the results are more beneficial to you than it would take up in court proceedings." Lord Woolf advocated getting professionals from other fields to assist in improving court protocol.
In his introductory address, Bombay HC Chief Justice Mohit Shah said that even with amendments in the Civil Procedure Code in 2002, our "mindset has not changed".
Former director of National Law School, Bangalore, N R Madhava Menon, said it is seldom that the system of civil justice changes, even though socio-economic and technological changes have taken place in society. He stressed on judicial activism from the level of magistrate and district courts for the speedy disposal of cases.
Woolf, Law Lord, Houses of Lords, was speaking at a seminar on Saturday on reforms in the civic justice system in the central court of the Bombay High Court. Lord Woolf, who is credited with bringing changes in the English civil justice system, admitted it was "difficult" to introduce changes and he had to persuade his fellow judges to get "proactive". "Reform of the civil justice system is just doing sensible things which an ordinary person says is much better than the way things were done," he added.
Lord Woolf said judges have to make orders meaningful and clients and advocates must be made to pay costs forthwith when they seek adjournments. "This small change has had a most sanitary effect. Once the message gets around, attitudes will change," he explained. He also supported mediation, saying "it may not get you a judgment you like, but the results are more beneficial to you than it would take up in court proceedings." Lord Woolf advocated getting professionals from other fields to assist in improving court protocol.
In his introductory address, Bombay HC Chief Justice Mohit Shah said that even with amendments in the Civil Procedure Code in 2002, our "mindset has not changed".
Former director of National Law School, Bangalore, N R Madhava Menon, said it is seldom that the system of civil justice changes, even though socio-economic and technological changes have taken place in society. He stressed on judicial activism from the level of magistrate and district courts for the speedy disposal of cases.
Sensitivity must to defend human rights'
PUNE: Future lawyers need to equip themselves
with knowledge and information if they want to deal with complaints relating to
human rights violations, said Supreme Court
justice Balbir
Singh Chauhan on Saturday. He was speaking on the "Role of judiciary
in protection of human Rights" at the Justice Y V Chandrachud lecture
series 2012.
The function, attended by judicial officers and
lawyers, was organised by the Pune Bar Association (PBA) at the Ashoka hall of the
district and sessions court.
Justice Chauhan, the chief guest for the event,
emphasised the need to introduce more courses on human rights violations, as
such events have become rampant in the country.
Describing the incident of Baba Ramdev's rally
at Ramlila Maidan last year as a clear case of human rights violations, the SC
judge advised lawyers to have a sensitive approach while dealing in human
rights violations cases. He also criticised the police for abusing its
authority by inflicting injuries on a sleeping crowd in the garb of invoking
Section 144 of the Criminal Procedure Code.
Citing the case of film actress Khushboo, who
had to face 28 litigations by lawyers, and remained in prison for six weeks, because
she had given an interview on live-in relationship, the judge said there was no
law to initiate prosecution in such cases as none of the lawyers were defamed.
Among the others who spoke at the function
include Justice Abhay
Thipsay of the Bombay High
Court, principal district and sessions judge Anant Badar, Harshad
Nimbalkar, member of Bar Council of Maharashtra and Goa, PBA president
Dhananjay Taur and others.
Later, attending the Justice P N Bhagwati
International Moot Court competition at the New Law College,
Justice Chauhan traced the history of legal education in India and commented on
the quality of legal education and applauded the high professional quality
existing today in law colleges across India. He also spoke on natural justice
as well as human rights being the most essential components for dignified
humanity.
Total 26 teams from national law schools and six
foreign teams from the UK, the US and Europe have participated in the
competition. The guests were introduced by Mukund Sarda, dean and principal of
the college.
No more leniency to govts in delayed appeals: SC
NEW DELHI: For long, government
and its departments have been getting away lightly in the judiciary as courts
have been lenient in viewing the delay in filing of appeals by them.
But, the Supreme Court on Friday put an end to it and decided to treat government with the same yardstick used for other litigants when it comes to filing of appeals after the statutory deadline.
Dismissing an appeal filed by the chief of the Post Master General against Living Media India Ltd; after 427 days of the statutory period of limitation, a bench of Justices P Sathasivam and J Chelameswar said the apex court was no more willing to buy the stock response of government departments - delay was due to red-tape and pendency of file on a bureaucrat's desk for long.
"The law of limitation undoubtedly binds everybody including the government," the bench said refusing to accept the contention that delays in filing of appeals by government departments are due to impersonal machinery and inherited bureaucratic methodology of making multiple notes.
"Why the delay is to be condoned mechanically merely because government or wing of the government is a party before us?" the bench asked.
"It is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bona-fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape," said Justice Sathasivam, who wrote the judgment.
This could hit governments hard as they are the biggest litigant before the judiciary accounting for about 40% of total cases pending in various courts either as petitioner or respondent. The sheer volume of work and lack of enough equipped manpower often leave the decision of whether to file an appeal in a limbo till higher-ups take a view of it. Besides, the decision to reduce government litigation has not trickled down.
Justice Sathasivam said: "The government departments are under a special obligation to ensure that they perform their duties with due diligence and commitment. Condoning of delay is an exception and should not be used as an anticipated benefit for government departments."
He said the law must weigh every litigant on the same scale and "should not be swirled for the benefit of few". On the case at hand, the court slammed the postal department, saying "From day one the department or the persons concerned have not evinced diligence in prosecuting the matter to this court by taking appropriate steps".
But, the Supreme Court on Friday put an end to it and decided to treat government with the same yardstick used for other litigants when it comes to filing of appeals after the statutory deadline.
Dismissing an appeal filed by the chief of the Post Master General against Living Media India Ltd; after 427 days of the statutory period of limitation, a bench of Justices P Sathasivam and J Chelameswar said the apex court was no more willing to buy the stock response of government departments - delay was due to red-tape and pendency of file on a bureaucrat's desk for long.
"The law of limitation undoubtedly binds everybody including the government," the bench said refusing to accept the contention that delays in filing of appeals by government departments are due to impersonal machinery and inherited bureaucratic methodology of making multiple notes.
"Why the delay is to be condoned mechanically merely because government or wing of the government is a party before us?" the bench asked.
"It is the right time to inform all the government bodies, their agencies and instrumentalities that unless they have reasonable and acceptable explanation for the delay and there was bona-fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape," said Justice Sathasivam, who wrote the judgment.
This could hit governments hard as they are the biggest litigant before the judiciary accounting for about 40% of total cases pending in various courts either as petitioner or respondent. The sheer volume of work and lack of enough equipped manpower often leave the decision of whether to file an appeal in a limbo till higher-ups take a view of it. Besides, the decision to reduce government litigation has not trickled down.
Justice Sathasivam said: "The government departments are under a special obligation to ensure that they perform their duties with due diligence and commitment. Condoning of delay is an exception and should not be used as an anticipated benefit for government departments."
He said the law must weigh every litigant on the same scale and "should not be swirled for the benefit of few". On the case at hand, the court slammed the postal department, saying "From day one the department or the persons concerned have not evinced diligence in prosecuting the matter to this court by taking appropriate steps".
Judiciary unable to control pendency of cases: UP Governor
PTI | 09:02
PM,Feb 25,2012
Lucknow, Feb 25 (PTI) Uttar Pradesh Governor B L Joshi today said despite
the judiciary working diligently to redress the grievances of masses, it has been
unable to arrest the mounting pendency of cases. "The result of this
malady has been that justice and the recipients of justice have both received a
set-back due to delays in the disposal of pending cases," Joshi said,
inaugurating the first regional conference of Central Zone on Mediation,
organised by UP State Legal Services Authority here. He said the constitutional
vision of justice can be visualised only when the ever increasing work-load on
regular courts mounting day-by-day is checked. Stressing that mediation and
conciliation can help reduce the work load of courts, he said the two methods
can resolve disputes and also assist rival parties in reaching an agreement.
"Mediation and conciliation may be methods which may help resolve the problem
faced by regular courts in dealing with large number of pending cases,"
Joshi said. PTI SAB PG KKS HMI Govt shortlists 3 names for CIC top post
NEW DELHI: The government has
shortlisted former Intelligence Bureau chief Rajiv Mathur,
ex-environment secretary Vijai Sharma
and Syndicate Bank CMD Basant Seth as
new Information Commissioners of the Central
Information Commission.
A panel headed by Prime Minister Manmohan Singh has shortlisted these three names against existing vacancies in the CIC. The panel includes Union law minister Salman Khurshid and Leader of Opposition in Lok Sabha Sushma Swaraj.
Sources said that a formal announcement on the appointment of new information commissioners would be made shortly.
Mathur, a 1972 batch IPS officer of Uttar Pradesh cadre, has served IB for nearly three decades, including a 15-year stint in Washington. He took over the reigns of the agency in January, 2009. Sharma, a 1974 batch IAS officer from UP cadre, was secretary in the environment ministry. He had retired in December, 2010.
Seth, who is the CMD of Syndicate Bank, Bangalore, has held senior positions in Small Industries Development Bank and Bank of India.
A panel headed by Prime Minister Manmohan Singh has shortlisted these three names against existing vacancies in the CIC. The panel includes Union law minister Salman Khurshid and Leader of Opposition in Lok Sabha Sushma Swaraj.
Sources said that a formal announcement on the appointment of new information commissioners would be made shortly.
Mathur, a 1972 batch IPS officer of Uttar Pradesh cadre, has served IB for nearly three decades, including a 15-year stint in Washington. He took over the reigns of the agency in January, 2009. Sharma, a 1974 batch IAS officer from UP cadre, was secretary in the environment ministry. He had retired in December, 2010.
Seth, who is the CMD of Syndicate Bank, Bangalore, has held senior positions in Small Industries Development Bank and Bank of India.
PhD must to become Principal: High Court
Express News
Service : Chandigarh, Sun Feb 26 2012, 00:59 hrs
In a significant development, the Punjab and Haryana High Court has ruled that in order to become the Principal of a College, a lecturer will have to possess a PhD degree. Dismissing a petition challenging the rule of the Union Public Service Commission (UPSC) and notification issued by the Chandigarh Administration, the High Court has made it clear that seniority in the list for promotion to the post of a Principal is not sufficient to become the Principal.
The petitioner had contended that a lecturer who does not possess the PhD degree but is senior in the list for promotion should be made the Principal. On the other hand, the UT Administration has argued that as per the UPSC guidelines, a PhD degree is a must for promotion to the post of a Principal. Showing little conviction in the averment raised by the lecturer, the High Court today dismissed her petition.
Three officiating principals of government colleges had initially moved the CAT demanding promotion to the post of principal being the senior-most in the list for promotion. However, those lecturers who were not given the charge of officiating principal in 2009 had also moved the Tribunal stating that as per new rules introduced by the Chandigarh Administration in March 2010, for being a principal of a college, possessing a degree of Phd was a must.
Terming the rules “unconstitutional”, counsel for the petitioners had stated that according to rules, for being appointed as a lecturer possessing the Phd degree is not a requirement and that after so many years of service a lecturer is now being asked to possess the degree to be appointed as a Principal. Calling the new rules as unfair, the petitioner’s counsel had demanded that those lecturers who have put decades of service and are at their fag end of their careers should be considered for promotion to the post of principal.
On the other hand, counsel for those lecturers who have the degree had objected to the demand made by the non Phd degree holder lecturers. The counsel had rebutted the argument stating that the new rules drafted by the Administration have to be adhered to.
Where courts function for only two weeks a month
GADCHIROLI: Crowded courts and high pendency
of cases is common
in courts across India. But, at Armori and Kurkheda talukas in Naxal-affected
Gadchiroli, few cases come to the court and, as a result, they function for
only two weeks in a month.
People's apathy to file cases and their poor
economic condition means less work for courts. The presence of 'tanta-mukti'
committees - which settle disputes without legal or police intervention in
villages - is another reason. "Long-drawn legal tussles also discourage
people from approaching courts," said a district resident.
According to a court employee, the absence of
development in the region and lack of infrastructure also contribute to fewer
cases being filed in the courts. Sometimes, the tribal population approaches
Naxals for instant justice. The Naxals often take suo moto cognisance in many
cases and settle these at gunpoint.
A dearth of minimum number of cases saw the
Bombay high court directing the taluka-level courts in Armori and Khurkheda,
where the Naxals wield considerable influence, to function only for a fortnight
every month.
There are around 300 criminal and 55 civil cases
before the Armori court and 440 criminal and 48 civil cases are being heard
before the Kurkheda court. According to a local legal expert, the number of
pending cases before Armori and Kurkheda courts do not fulfil the provision of
minimum cases for a taluka-level court to function as per judicial guidelines.
The high court has ordered that the presiding
officer of the court of civil judge junior division (CJJD) and judicial
magistrate first class (JMFC) in Gadchiroli to
function during the second fortnight of every month at Armori. Similarly, it
has directed the CJJD and JMFC of Wadsa Desaiganj court to work for two weeks
at Kurkheda court. Apart from the home taluka, the Kurkheda court
has a jurisdiction over Korchi.
It is also being said that one of the two courts
in Chamorshi taluka has been closed down due to few cases being filed. However,
this could not be confirmed.
"The tanta-mukti committees are intervening
in disputes without any legal awareness. They are passing judgments in
non-compoundable cases which are not supposed to be amicably settled and also
handling issues of domestic violence and sexual abuse which needs court's
permission," said Shyam Joshi, an advocate who practices at Armori court.
Chandrakant Darekar, another advocate from
Armori, said that the court's administrative staff is present and hence there
are expenses. "Yet, the court doesn't function throughout the month,"
he said. "The litigants, mostly impoverished population of the tribal
district, are forced to travel 30 kms for court-related work or to appear as
witness."
"The police too are inconvenienced as they
have to take the accused to others courts when the taluka courts are closed. It
is also dangerous as the police have to travel through Naxal heartland along
with the accused," said another lawyer.
Damodar Nimje, who had come for a hearing, said
that with fewer working days, he is less likely to get justice in a short time.
"I will have to wait for a long time for justice," he said.
Another elderly person, talking to TOI outside
Kurkheda court, said that poor people avoid approaching courts for fear of
having to bear hefty legal expenses. "Forcing a litigant to travel to
another taluka means additional expense and mental torture," he said.
Vilappilsala: High Court suggests CRPF role
The Thiruvananthapuram Corporation submitted that the police was inactive for executing the Court directive in connection with the Vilappilsala garbage issue.
The Court observed that the intervention of the police force in the issue was not at all effective and hence the Union Government, along with the CRPF, must be impleaded in the case.
A Division Bench Comprising Acting Chief Justice Manjula Chellur and Justice P R Ramachandra Menon adjourned the hearing of the case after one week.
The Court had earlier directed to provide police protection for running the Vilappilsala treatment plant without any obstruction and had asked to open the locks of the gates of the plant to enable garbage vehicles to enter the plant.
However, panchayat president Shobhana Kumari, along with the agitators, organised protests and blocked the movement of garbage trucks, the petitioner submitted. A crowd of more than 5,000 people, consisting of young and old, women and children and physically challenged, had put up a stiff resistance and upset the plans of the Thiruvananthapuram Corporation to send garbage lorries to the Vilappilsala plant on February 13.
A contempt case has been pending before the Court against the panchayat president, Janakeeya Samithy president Burhanudeen and secretary Beneckson, the petitioner pointed out.
The Corporation said that as soon as the copy of the interim order was received by the Corporation, a representation was submitted before the Director General of Police for extending police protection. However, no steps were taken by the police to offer protection.
Still, the Corporation decided to resume the functioning of the treatment plant. When the two lorries reached the outskirts of the plant, a huge crowd of men and women under the leadership of panchayat president obstructed the lorries.
The unruly mob at the site became violent and they started pelting stones at the police and consequently police had used force by resorting to a mild lathi-charge and also fired tear gas shells.
The counsel for the petitioner Nandakumara Menon submitted that Vilappil panchayat authorities and the residents are trying to scare the Corporation. Due to the non-cooperation of the police, valuable machinery brought from Pune could not be taken to the factory site. The Corporation was ultimately forced to unload the machinery on the premises of the Corporation office.
The machinery was brought on February 17 for the purpose of the construction of the leachate plant at Vilappilsala, the Corporation submitted.
The Corporation argued that it could not implement the order passed by the Court due to the agitation. The Corporation argued that the residents and the Vilappil panchayat had prevented them from enforcing the High Court order.
Supreme Court upholds death for killer of five
NEW DELHI: The Supreme Court
has upheld death penalty to a young man Sonu Sardar, who along with his brother
and accomplices, killed five persons of a family, including a woman and two
children, in cold blood during a dacoity bid in Chhattisgarh's Cher village in
November, 2004.
A bench of Justices A K Patnaik and Swataner Kumar rejected the plea for leniency advanced by the convict on the grounds that he was a young man and that his role in the crime committed by five persons was not revealed by the prosecution.
Justice Patnaik, writing the judgment for the bench, said: "Five members of a family, including two minor children and the driver, were ruthlessly killed by the use of a knife, an axe and an iron rod and with the help of four others. The crime was obviously committed for money after pre-meditation with absolutely no consideration for human lives."
The bench upheld concurrent views of the trial court as well as the Chhattisgarh high court that the convict deserved capital punishment and said, "Even though the appellant was young, his criminal propensities are beyond reform and he is a menace to the society."
When the gang of five struck at the house of scrap-dealer Shamim Akhtar on November 26, 2004, and demanded money by placing a knife on his neck, his daughter Shabana (10) tried to come to Shamim's rescue. The accused attempted to assault her too but she managed to give them a slip and ran away to the house of her father's acquaintance.
She came back to the house with help to find the bodies of her father, mother and two siblings along with their driver. The trial court had convicted the accused mainly on the basis of Shabana's evidence, and the apex court felt that there was no infirmity in the process of conviction recorded by the trial court.
A bench of Justices A K Patnaik and Swataner Kumar rejected the plea for leniency advanced by the convict on the grounds that he was a young man and that his role in the crime committed by five persons was not revealed by the prosecution.
Justice Patnaik, writing the judgment for the bench, said: "Five members of a family, including two minor children and the driver, were ruthlessly killed by the use of a knife, an axe and an iron rod and with the help of four others. The crime was obviously committed for money after pre-meditation with absolutely no consideration for human lives."
The bench upheld concurrent views of the trial court as well as the Chhattisgarh high court that the convict deserved capital punishment and said, "Even though the appellant was young, his criminal propensities are beyond reform and he is a menace to the society."
When the gang of five struck at the house of scrap-dealer Shamim Akhtar on November 26, 2004, and demanded money by placing a knife on his neck, his daughter Shabana (10) tried to come to Shamim's rescue. The accused attempted to assault her too but she managed to give them a slip and ran away to the house of her father's acquaintance.
She came back to the house with help to find the bodies of her father, mother and two siblings along with their driver. The trial court had convicted the accused mainly on the basis of Shabana's evidence, and the apex court felt that there was no infirmity in the process of conviction recorded by the trial court.
Controversy
over SRK's bungalow: Plea filed in SC
Press Trust Of India
Sunday, February 26, 2012
(New Delhi)
The controversy over Shah Rukh Khan's palatial bungalow
'Mannat' has reached the Supreme Court with the filing of a petition alleging
violations by the megastar while constructing his dream house.
The petition has alleged that there were violations of archaeological laws and coastal regulation zone in the construction of Mannat.
Simpreet Singh and Amit Maruand of Mumbai approached the apex court challenging the Bombay High Court's order which had dismissed their petition against Khan.
The high court had, on January 28, dismissed the PIL filed by the duo and imposed a cost of Rs 20,000 on them saying that it was a "publicity petition".
The PIL had alleged that the actor had constructed the building inside the compound of his bungalow in violation of environment and heritage laws.
Khan had, however, contended that there was no violation of rules and the construction was allowed by the municipal body.
The petition has alleged that there were violations of archaeological laws and coastal regulation zone in the construction of Mannat.
Simpreet Singh and Amit Maruand of Mumbai approached the apex court challenging the Bombay High Court's order which had dismissed their petition against Khan.
The high court had, on January 28, dismissed the PIL filed by the duo and imposed a cost of Rs 20,000 on them saying that it was a "publicity petition".
The PIL had alleged that the actor had constructed the building inside the compound of his bungalow in violation of environment and heritage laws.
Khan had, however, contended that there was no violation of rules and the construction was allowed by the municipal body.
High Court seeks report on privatisation of lake
http://ibnlive.in.com/news/high-court-seeks-report-on-privatisation-of-lake/233553-60-119.html
BANGALORE: The High Court on Friday asked the state government to file a report on the privatisation of lakes in Bangalore. The order concerns a PIL that sought the cancellation of privatising the Nagawara, Hebbal, Vengaiah and Agara Lakes. The petitioner, Environment Support Group, said that the Lake Development Authority had permitted the privatisation of four lakes and had given the goahead for commercial activities like boating.Such activities, it contented, was changing the lake structure and inflow into it.
They prayed that the privatisation of lakes be cancelled. A division bench headed by Justice Sridhar Rao passed the order. HC issues summons on Kumble Case The High Court on Friday issued summons to the Bharathinagar police inspector to appear before the court over not filing an FIR complaint against cricketer Anil Kumble.
Kumar Jagirdar, the biological father of the former cricketer’s custodial daughter filed it. He accused the police of not taking action against Kumble, who allegedly forged his signature in the daughter’s passport.He added Kumble’s affidavit copy obtained from RTI was different from the copy submitted by the police as Kumble’s. The affidavit copy submitted by the police contained the dictionary meaning of ‘father’. However, according to Jagirdar, Kumble’s original affidavit had no dictionary definition and Chetana, the biological mother was not mentioned.
Both affidavit copies carried the same date. Justice Abdul Nazeer adjourned the matter to February 28 for further hearing. Rajakaluve Issue: Plea in HC
A contempt petition was filed before the High Court on Friday against the BBMP for not taking action against the encroachment of Rajakaluve (storm water drain) after court orders.
The petitioner, Umesh S, stated that the court directed the BBMP to demolish all structures built on the Rajakaluve and submit monthly reports, which it failed to do. The structures were not demolished
Samjhauta blasts: Visa denials to kin of victims; petition in HC
PANIPAT: Lawyer Momin Malik has moved a petition
in the Punjab and Haryana high court seeking legal recourse to get visas for
the kin of victims of the Samjhauta
blasts, who were denied to visit the country by the Indian high Commission
in Islamabad for not having enough cash in their bank accounts. The case is
likely to come up for hearing in the court on Monday.
Talking to TOI, Malik said that several
relatives of the blasts' victims were unable to visit the country to pay
tributes at the graves of their loved ones at the graveyard
in Mehrana village.
Malik said that he had raised the contention in
the plea which has been put up for consideration in the high court that if
actresses like Veena Malik, who had court controversies by posing nude in
magazines could be granted the visas to visit the country and move around
freely anywhere, why the relatives of the victims of the blasts were being
singled out.
Family members of Pakistani nationals Mohammad
Vakil, Sayed Iftikar Ali, Rajiya Sultana, Ijhar Hasan and Jarina, who had been
killed in the blasts were denied visas as they did not have sufficient bank
balance. He said they were struggling to get visas to pursue their compensation
claim cases in the railway tribunal.
Malik said he had already written to the Union
ministry and the Indian high commission in Islamabad to take a sympathetic view
of the misery being suffered by relatives of the victims. The pleas had failed
to provoke the desired result.
HC detains ship till Monday
The Single Judge had earlier directed the Italian vessel to
furnish a bank guarantee of Rs 25 lakh against the admiralty claim of Rs 1
crore.
“The brutal murder should not have been equated with a mere
accident compensation case,” the petitioner said adding that the bank guarantee
is very meagre.
“Jelestine died due to the negligence of the ship staff. They
violated international conventions. Therefore, the owners of vessel are liable
to provide maximum compensation,” she said.
The petitioner submitted that the fishermen’s killing has deeper
ramifications, as it affects the livelihood of their families.
“The arrogance by the master of the ship was unforgivable,” she
said.
A maritime claim has to be considered in international perspective
based on UN conventions, the petitioner said.
HC blasts police inaction at Vilappilsala plant
The Thiruvananthapuram Corporation submitted that the police were not extending their full support in executing the court directive in connection with the Vilappilsala garbage issue.
The court observed that the intervention of the police in the issue was not satisfactory and hence the Union Government along with the CRPF must be impleaded in the case.
The court had earlier directed to provide police protection for running the Vilappilsala treatment plant. A Division Bench Comprising Acting Chief Justice Manjula Chellur and Justice P R Ramachandra Menon adjourned the hearing of the case to next week.
Earlier, the residents of the Vilappil panchayat, along with panchayat president Shobhana Kumari, had organised protests blocking the movement of garbage trucks and prevented the implementation of the court order, the petitioner submitted.
Due to the non-cooperation of the police, the machinery brought from Pune for the construction of a leachate plant at Vilappilsala could not be taken to the plant. The machinery was unloaded on the corporation office premises.
Drug abuse in Punjab jails: HC notice to state
CHANDIGARH: Taking up a plea seeking directions
to control the menace of drug abuse in various jails of Punjab, the Punjab
and Haryana high court on Saturday put the state home department, DGP
(prisons) and director of state health services on notice.
While issuing the notice, a division bench
headed by Chief Justice Ranjan Gogoi asked the state authorities to file a
reply on the issue before the court. The matter reached before the high court
through a public interest litigation (PIL) filed by a local NGO, Lawyers for
Human Rights International (LHRI), seeking issuance of direction to the state
government to formulate an action plan jointly by the departments of police,
prisons, health with the help of NGOs working in the field. The PIL suggested
that it is the only way through which jails in Punjab, that have become safe
haven for narcotic traders and consumers, can be made drug free.
Petitioner's counsel Navkiran Singh said that at
present alcohol, opium and sophisticated drugs like cocaine and heroin are
easily available in Punjab jails. Singh stated that there are some narcotic
traders who are lodged in the jails and even though they have been able to
obtain bail from their respective courts they are not filling their bails
bonds, because the trade of narcotics is more profitable inside the jails and
also safe since the jail staff is easily pliable.
The PIL also submitted that out of the 18,000
prisoners lodged in various jails of Punjab, 30% of them are charged with
illegal possession of drugs. In Patiala
Central Jail alone, out of the total 1,910 inmates, 1,100 are reported to
be undergoing trials or serving terms under NDPS Act. Even women inmates are
accused of such offences. To manage 18,000 prisoners there are 2000 sanctioned
staff in the jail department.
Madras HC quashes tender notification
Passing orders on a petition from M Sunil Kumar, a ward councilor,
the judge said the Commissioner of VCMC was at liberty to cause publication in
newspapers which have got larger circulation in the locality and also to make
broader publication in the notice boards regarding the auction pertaining to
the shops in question.
The judge pointed out that senior counsel P Wilson has
categorically stated that the notification was made only in a Tamil newspaper,
having circulation of only 20 copies in the locality. When such a categorical
averment was made, the Commissioner of VCMC has not disputed the said fact
while filing the rejoinder affidavit.
“It is not known why effective paper publication was not made by
the commissioner in other newspapers also,” the judge added.
The judge said the Commissioner of VCMC, by publishing the tender
notification only in the paper, which has got a limited circulation in the
locality, has projected that he has done everything in accordance with the
provisions of the TN Tender Transparency Act and Rules. Had the publication
been effected in newspapers which have got larger circulation in the locality,
there would have been more competition to participate in the tender process,
the judge said.
The aim of the Commissioner of VCMC primarily should have been to
auction the shops at the maximum price. If that objective was in his mind, he
would have caused publication in newspapers which have got larger circulation
in the locality, he added.
HC: Swamy's plea for recovery of dues from IIT
Last Updated: Sunday, February 26, 2012, 10:13
New Delhi: A
court here has agreed to hear a plea of Janata Party chief Subramanian Swamy,
who has sought recovery of over Rs 19 lakh as alleged dues from IIT-Delhi for
his services there as an assistant professor between 1972 to 1991.
The court's order came while dismissing an application of Director, Indian Institute of Technology (IIT) Delhi, who had sought dismissal of Swamy's civil suit on the ground that his plea was time barred and beyond the jurisdiction of the court.
The court's order came while dismissing an application of Director, Indian Institute of Technology (IIT) Delhi, who had sought dismissal of Swamy's civil suit on the ground that his plea was time barred and beyond the jurisdiction of the court.
"Keeping
in view the discussion, application of defendant (Director, IIT-Delhi) is
hereby dismissed. The suit will progress forward from the stage immediately
prior to the passing of this order," Additional District Judge Neelam
Singh said.
The IIT Director, while opposing Swamy's plea, has said that he has sought recovery of Rs 19.50 lakh along with an interest of 18 per cent with effect from February 1991 and his total claim was Rs 70.20 lakh which is beyond the pecuniary jurisdiction of a lower court here.
It said Swamy's claim for alleged dues was constantly denied by the IIT as he has failed to provide the details of the amount earned from his employment for the period between December 11, 1972 to March 27, 1991.
The IIT Director, while opposing Swamy's plea, has said that he has sought recovery of Rs 19.50 lakh along with an interest of 18 per cent with effect from February 1991 and his total claim was Rs 70.20 lakh which is beyond the pecuniary jurisdiction of a lower court here.
It said Swamy's claim for alleged dues was constantly denied by the IIT as he has failed to provide the details of the amount earned from his employment for the period between December 11, 1972 to March 27, 1991.
Swamy, who had filed the plea for
recovery of his dues, however, opposed the application by the IIT Director,
saying that he came to know about his dues only in 2009 after filing RTI
applications which revealed that the Director has "falsely" presented
the case for his dues before the Board of Governors.
The court dismissed the application of IIT Director saying, "At this stage, it will be immature to hold that the suit of plaintiff (Swamy) is without any cause of action when the averments, if taken prima facie, discloses the cause of action in favour of the plaintiff and against the defendant (IIT Director)."
The court has now fixed the matter for April 27 for cross examination of witnesses in the case.
Swamy had filed the suit to recover salary and allowances in revised grade from December 12, 1972 till May 21, 1991 along with interest at 18 per cent with effect from February 20, 1991 till the date of payment and gratuity, pension.
Swamy said that in December 1969, he was Assistant Professor, Department of Economics at Harvard University and had an informal interview with Director of IIT who had asked him to start work immediately as a Professor.
He said in October 1972, he was appointed as Professor of Economics on the unanimous recommendation of a nine-member selection committee headed by Manmohan Singh, who is presently the Prime Minister.
He said that through an office memo dated December 11, 1972, his appointment was illegally and with malafide motive, terminated with effect from December 11, 1972.
After several rounds of litigation, his termination order was declared as null and void by a court here which said that he was entitled to be treated as continued in the service of the IIT without interruption, he said.
However, he, through a letter in March 1991, requested the IIT to permit him to demit the office as a Professor which was accepted.
The court dismissed the application of IIT Director saying, "At this stage, it will be immature to hold that the suit of plaintiff (Swamy) is without any cause of action when the averments, if taken prima facie, discloses the cause of action in favour of the plaintiff and against the defendant (IIT Director)."
The court has now fixed the matter for April 27 for cross examination of witnesses in the case.
Swamy had filed the suit to recover salary and allowances in revised grade from December 12, 1972 till May 21, 1991 along with interest at 18 per cent with effect from February 20, 1991 till the date of payment and gratuity, pension.
Swamy said that in December 1969, he was Assistant Professor, Department of Economics at Harvard University and had an informal interview with Director of IIT who had asked him to start work immediately as a Professor.
He said in October 1972, he was appointed as Professor of Economics on the unanimous recommendation of a nine-member selection committee headed by Manmohan Singh, who is presently the Prime Minister.
He said that through an office memo dated December 11, 1972, his appointment was illegally and with malafide motive, terminated with effect from December 11, 1972.
After several rounds of litigation, his termination order was declared as null and void by a court here which said that he was entitled to be treated as continued in the service of the IIT without interruption, he said.
However, he, through a letter in March 1991, requested the IIT to permit him to demit the office as a Professor which was accepted.
HC dismisses plea on national anti-terror agency
CHENNAI: Declining to entertain
a plea seeking to stay the operation of an order on the proposed National
Counter Terrorism Centre (NCTC), the first bench of the Madras high court
comprising of Chief
Justice M Y Eqbal and Justice Aruna
Jagadeesan dismissed the matter.
"At the very outset, we are of the view that the writ petition cannot be entertained on an undated notification," the bench said and added that petitioner's counsel Manikandan Vathan Chettiar could not satisfy as to where the notification was procured from.
"Apart from that, this court would take notice of the fact that discussions and deliberations are going on between Centre and different states relating to the implementation of this order and the final notification has not yet been issued," the order said.
The petition, by Vijayalakshmi Shanmugham, challenged an undated notification, 'National Counter Terrorism Centre (Organisation, Functions, Powers and Duties) Order, 2012' issued by the ministry of home affairs, on the grounds that it encroached upon the subjects of public order and police, which were in the state list, in the Constitution.
"No consultations were held with stakeholders before the decision was thrust upon the nation", the petitioner said.
In his submissions, Chettiar said the Centre was trying to create the agency through an "undated executive order", whereas the bill introduced in Parliament itself didn't have the details the executive order had.
The matter first came up for hearing before a division bench comprising Justice Elipe Dharma Rao and Justice N Kirubakaran.
At the time the judges wondered how a proposed legislation to tackle a national security issue could be dragged to court.
Justice Elipe Dharma Rao had mentioned that the Prime Minister had been quoted as saying that the proposed set-up did not infringe on the federal structure of the nation.
The bench had directed the court registry to post the matter before the first bench headed by the Chief Justice.
"At the very outset, we are of the view that the writ petition cannot be entertained on an undated notification," the bench said and added that petitioner's counsel Manikandan Vathan Chettiar could not satisfy as to where the notification was procured from.
"Apart from that, this court would take notice of the fact that discussions and deliberations are going on between Centre and different states relating to the implementation of this order and the final notification has not yet been issued," the order said.
The petition, by Vijayalakshmi Shanmugham, challenged an undated notification, 'National Counter Terrorism Centre (Organisation, Functions, Powers and Duties) Order, 2012' issued by the ministry of home affairs, on the grounds that it encroached upon the subjects of public order and police, which were in the state list, in the Constitution.
"No consultations were held with stakeholders before the decision was thrust upon the nation", the petitioner said.
In his submissions, Chettiar said the Centre was trying to create the agency through an "undated executive order", whereas the bill introduced in Parliament itself didn't have the details the executive order had.
The matter first came up for hearing before a division bench comprising Justice Elipe Dharma Rao and Justice N Kirubakaran.
At the time the judges wondered how a proposed legislation to tackle a national security issue could be dragged to court.
Justice Elipe Dharma Rao had mentioned that the Prime Minister had been quoted as saying that the proposed set-up did not infringe on the federal structure of the nation.
The bench had directed the court registry to post the matter before the first bench headed by the Chief Justice.
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