National Green Tribunal notice to MoEF, UP over Yamuna Hindon
encroachments
NOIDA: The National Green Tribunal on Monday issued notices to UP
government and the Union ministry of environment and forests, among others,
over allegations that there has been massive encroachment of the floodplains of
Yamuna and Hindon by the land mafia. The notices were issued by the principal
bench of the tribunal over an application filed by environmental activists of
Ghaziabad.
The applicants have alleged that that the floodplains have been encroached with concrete and permanent structures that are bound to cause ecological havoc in the form of floods besides upsetting the natural hydrological cycle of the areas situated close to the two rivers.
"The river beds, considered highly eco-fragile, have been usurped by land mafia in connivance with administration officials. Colonies have come up on the river beds," states the petition. Apart from the environment ministry and the UP government, activists have also held the union ministry of water resources and the governments of Delhi and Haryana for lapses that have led to the construction of concrete structures on the floodplains, thereby polluting the rivers.
Apart from floodplains along Delhi, it has been alleged that similar encroachments have been made by colonizers in Faridabad, Agra and Mathura, thereby leading to discharge of large amounts of solid toxic waste into the already highly polluted rivers.
"Yamuna and Hindon rivers, once found to be extremely rich in terrestrial and aquatic bio-diversity, had now lost much of it due to ever-increasing human influence on them in the form of encroachments by concretized farmhouses, plots and colonies," states the petition.
Activists have further argued that with reduced dissolved oxygen, and high biological and chemical oxygen demands inside the Yamuna and Hindon, aquatic life, comprising diverse life forms of amphibians and vertebrates has almost ceased to exist.
Activists have demanded for directions to be passed to all agencies to prevent civic agencies from setting up any new concrete structures and registration of FIRs against violators who have trespassed the floodplain areas. Besides, the activists have also demanded for the constitution of a monitoring commission to ensure time-bound and transparent implementation of enactments specified in the National Green Tribunal Act 2010 to protect the rivers.
The applicants have alleged that that the floodplains have been encroached with concrete and permanent structures that are bound to cause ecological havoc in the form of floods besides upsetting the natural hydrological cycle of the areas situated close to the two rivers.
"The river beds, considered highly eco-fragile, have been usurped by land mafia in connivance with administration officials. Colonies have come up on the river beds," states the petition. Apart from the environment ministry and the UP government, activists have also held the union ministry of water resources and the governments of Delhi and Haryana for lapses that have led to the construction of concrete structures on the floodplains, thereby polluting the rivers.
Apart from floodplains along Delhi, it has been alleged that similar encroachments have been made by colonizers in Faridabad, Agra and Mathura, thereby leading to discharge of large amounts of solid toxic waste into the already highly polluted rivers.
"Yamuna and Hindon rivers, once found to be extremely rich in terrestrial and aquatic bio-diversity, had now lost much of it due to ever-increasing human influence on them in the form of encroachments by concretized farmhouses, plots and colonies," states the petition.
Activists have further argued that with reduced dissolved oxygen, and high biological and chemical oxygen demands inside the Yamuna and Hindon, aquatic life, comprising diverse life forms of amphibians and vertebrates has almost ceased to exist.
Activists have demanded for directions to be passed to all agencies to prevent civic agencies from setting up any new concrete structures and registration of FIRs against violators who have trespassed the floodplain areas. Besides, the activists have also demanded for the constitution of a monitoring commission to ensure time-bound and transparent implementation of enactments specified in the National Green Tribunal Act 2010 to protect the rivers.
Cavrem locals want charges against them dropped
MARGAO: Cavrem locals demanded action against those who
committed atrocities to them. They also demanded that the offenses the police
filed against the locals be dropped. They also streesed that action be taken
against those who attacked their local leader Nilesh Goaonkar.
Locals pointed out that the fact that atrocities had been committed has been recognized as theNational Human Rights Commission (NHRC) had issued directions to the state government to pay 5,000 to each of the 737 victims.
On April 23, 2011, a large number of Cavrem residents took to the streets protesting illegal mining and unregulated mining transportation, blocking all roads and disrupting mining transportation. Close to 100 villagers, including elderly people, were arrested and taken to the police station. The villagers had alleged that many of them were manhandled by the police to the extent that one of the women's sari was torn and her mangalsutra lost.
"Why do the locals still have to face charges by the police during that incident. Not only should they get speedy justice but all the charges against them should be dropped," said activist Judith Almeida.
The locals further raised the issue of Nilesh Gaonkar and are irate that no action has been taken. Gaonkar, an engineer by profession, was beaten up near the Verna industrial estate by unidentified people armed with an iron rod on his way to work on May 12, 2011.
He survived the assault and the grievous injuries on the head and two surgeries on a broken hand. He even lost his job at the company he worked 12 months at. The police case of attempt to murder has not seen much progress since.
Locals pointed out that the fact that atrocities had been committed has been recognized as theNational Human Rights Commission (NHRC) had issued directions to the state government to pay 5,000 to each of the 737 victims.
On April 23, 2011, a large number of Cavrem residents took to the streets protesting illegal mining and unregulated mining transportation, blocking all roads and disrupting mining transportation. Close to 100 villagers, including elderly people, were arrested and taken to the police station. The villagers had alleged that many of them were manhandled by the police to the extent that one of the women's sari was torn and her mangalsutra lost.
"Why do the locals still have to face charges by the police during that incident. Not only should they get speedy justice but all the charges against them should be dropped," said activist Judith Almeida.
The locals further raised the issue of Nilesh Gaonkar and are irate that no action has been taken. Gaonkar, an engineer by profession, was beaten up near the Verna industrial estate by unidentified people armed with an iron rod on his way to work on May 12, 2011.
He survived the assault and the grievous injuries on the head and two surgeries on a broken hand. He even lost his job at the company he worked 12 months at. The police case of attempt to murder has not seen much progress since.
Sterlite
moves Green Tribunal against closure of TN plant
CHENNAI: Vedanta group firm Sterlite Industries today moved the National
Green Tribunalchallenging an order of Tamil
Nadu Pollution
Control Board directing closure of its copper smelter plant in Tuticorin in the
wake of alleged noxious gas leak recently.
In its applications before the Southern bench of the Tribunal, the company also challenged another order of the TNPCB disconnecting the power supply to the unit located in Tuticorin, which was shut down on March 30.
"The impugned orders have been issued in gross violation of natural justice and in unseemly haste...," it contended.
Making his submissions before the Bench comprising its judicial member Justice M. Chockalingam and expert member Prof.Nagendran, senior counsel for the company T R Rajagopalan submitted the orders have been passed without giving an opportunity to the Sterlite Industries.
The matter was posted to April 9 for further hearing. The TNPCB, under instructions from District CollectorAshish Kumar had on March 30 issued a notice directing Sterlite to close the plant in the wake of alleged leak of sulphur dioxide in the area on March 23, affecting local people.
Sterlite submitted before the green Tribunal that the company was meeting more than 55 per cent of copper requirement of the country and employed 1,000 permanent workers and about 3,500 contract labourers, besides providing 15,000 indirect jobs.
All of them would be left in the lurch and without remuneration if the unit remains closed, it argued.
Raising preliminary objection, Advocate General A L Somaiji said the unit had been functioning after getting directions from courts. In a case related to it, the Supreme Court is to pronounce orders.
Even on Monday, the matter was mentioned before the Supreme Court and it said the TNPCB is well within the rights, he said.
Somaiji said the District Collector had received several complaints from people of the locality that they experienced eye irritation, continuous cough and throat suffocation.
Since it was a serious matter involving public health, the TNPCB ordered the closure of the unit, he submitted.
After the submissions of counsels, the Bench directed the the District Collector and the TNPCB to file their counters to decide whether an interim order can be given or not.
In its applications before the Southern bench of the Tribunal, the company also challenged another order of the TNPCB disconnecting the power supply to the unit located in Tuticorin, which was shut down on March 30.
"The impugned orders have been issued in gross violation of natural justice and in unseemly haste...," it contended.
Making his submissions before the Bench comprising its judicial member Justice M. Chockalingam and expert member Prof.Nagendran, senior counsel for the company T R Rajagopalan submitted the orders have been passed without giving an opportunity to the Sterlite Industries.
The matter was posted to April 9 for further hearing. The TNPCB, under instructions from District CollectorAshish Kumar had on March 30 issued a notice directing Sterlite to close the plant in the wake of alleged leak of sulphur dioxide in the area on March 23, affecting local people.
Sterlite submitted before the green Tribunal that the company was meeting more than 55 per cent of copper requirement of the country and employed 1,000 permanent workers and about 3,500 contract labourers, besides providing 15,000 indirect jobs.
All of them would be left in the lurch and without remuneration if the unit remains closed, it argued.
Raising preliminary objection, Advocate General A L Somaiji said the unit had been functioning after getting directions from courts. In a case related to it, the Supreme Court is to pronounce orders.
Even on Monday, the matter was mentioned before the Supreme Court and it said the TNPCB is well within the rights, he said.
Somaiji said the District Collector had received several complaints from people of the locality that they experienced eye irritation, continuous cough and throat suffocation.
Since it was a serious matter involving public health, the TNPCB ordered the closure of the unit, he submitted.
After the submissions of counsels, the Bench directed the the District Collector and the TNPCB to file their counters to decide whether an interim order can be given or not.
House can invoke privilege to deny information: CIC
First
Published: 22:48 IST(1/4/2013) | Last Updated: 23:37 IST(1/4/2013)
The decisions taken
by the chairpersons of the two houses of Parliament were protected under
Parliamentary privileges and therefore, are not covered under the transparency
law the Right To Information (RTI) Act, the Central Information Commission has
observed.
Country’s information
watchdog, however, allowed the respective chairpersons to decide whether the
information can be disclosed to RTI applicants or not.
The CIC delivered its
views while deciding an appeal filed by RTI application Subhash Aggarwal
seeking communication between Lok Sabha speaker Meira Kumar and Leader of
Opposition in Lok Sabha Sushma Swaraj on appointment of Lok Sabha secretary
general TK Vishwanathan.
The Lok Sabha
secretariat had given the letter written by Swaraj to Lok Sabha speaker
protesting against his appointment but what the speaker told the leader of
opposition was not provided.
The commission said
that the Lok Sabha speaker Meira Kumar should take a call whether the
information should be provided or not. The privilege under which the
information is denied should enlisted in the communication to the applicant,
the CIC order said.
Aggarwal’s request
for all communication between the Speaker and Prime Minister in the last three
years was also denied on the ground of being privilege information.
The commission, in
its order said that it agreed with the contention of Lok Sabha that drawing a
parallel between the correspondence made available by the ‘Election Commission
of India’ or the ‘National Advisory Council’ and the correspondence between the
Prime Minister and the Speaker was not appropriate. Reason being a specific
provision under section 8 of the RTI Act regarding breach of privilege of the
Parliament or State Legislature, the commission said.
Therefore, the
commission said only that information not attracting section 8 of the RTI Act
should be provided.
Norms set for insurance JV by CICs
The Reserve Bank of India
(RBI), on Monday, said that any core investment company (CIC) registered with
it needs minimum Rs.500 crore owned funds to set up a joint venture company for
undertaking insurance business.
Non-performing assets
Among other norms, the RBI
said that the level of net non-performing assets shall be not more than 1 per
cent of total advances.
Further, it should have
registered net profit continuously for three consecutive years, and “the track
record of the performance of the subsidiaries, if any, of the CIC concerned
should be satisfactory,” RBI said in a notification.
Adjusted net worth
These companies are
required to maintain adjusted net worth which would be not less than 30 per
cent of aggregate risk-weighted assets on balance sheet and risk adjusted value
of off-balance sheet items.
The RBI said that no CIC
would be allowed to conduct such business departmentally.
“Further, an NBFC (in its
group / outside the group) would normally not be allowed to join an insurance
company on risk participation basis, and, hence, should not provide direct or
indirect financial support to the insurance venture.”
Within the group, the apex
bank said, CICs may be permitted to invest up to 100 per cent of the equity of
the insurance company either on a solo basis or in joint venture with other
non-financial entities in the group. In case where a foreign partner
contributes 26 per cent of the equity, more than one CIC may be allowed to
participate in the equity of the insurance joint venture.
CICs cannot enter insurance
business as agents and companies that wish to participate in insurance business
as investors or on risk participation basis will be required to obtain prior
approval of the central bank.
RTI Judgement Series: PIO at magistrate’s office asked to
providecomplete information
MONEYLIFE DIGITAL TEAM | 01/04/2013 02:20
PM | 
The CIC
issued a show cause notice to the PIO for not providing complete information within 30 days. This is the
67th in a series of important judgements given by former Central Information
Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while asking the Public Information Officers (PIOs) of the sub-divisional magistrate (Model Town) at Delhi to provide information, also issued a show-cause notice for not providing complete information within stipulated time limit of 30 days as per the Right to Information (RTI) Act.
The Central Information Commission (CIC), while asking the Public Information Officers (PIOs) of the sub-divisional magistrate (Model Town) at Delhi to provide information, also issued a show-cause notice for not providing complete information within stipulated time limit of 30 days as per the Right to Information (RTI) Act.
While giving
this important judgement on 5 April 2010, Shailesh Gandhi, the then Central
Information Commissioner said, “...the complete
information was not provided (by
the PIO) to the appellant. The PIO is now directed to provide specific
information like presentstatus of application along with file notings and correspondence
available on the records and names and definitions of officer who have dealt
with the file.”
New Delhi
resident Neera Nashier, on 9 September 2009, sought information about a
complaint filed with ACB on embezzlement of funds in 1996 from the sub-divisional
magistrate (SDM) Ram Pura, Delhi. Here is the information she sought and the
reply provided by the PIO...
1. Whether
the Jat caste belonging to UP are covered in the OBC list for obtaining
certificates from Delhi.
PIO's Reply:
The information sought is attached with the sheet.
2. What
relevant documents/proof is required to be submitted for getting OBC
certificates?
PIO's Reply:
As above.
3. After
applying for OBC in your office, what is the time frame to issue the
certificate/reject the application?
PIO's Reply:
Normally 21 days.
4. If no
rejection is issued after conducting all enquiries within the fixed time frame,
then why not “deemed to be accepted” system can be considered?
PIO's Reply:
The official is allowed for the seeking information under RTI Act, 2005, and
there is no provision to make queries as to why, where, etc.
5. Let me
know the status of my application which was received videacknowledgement No.82745.
PIO's Reply:
Enquiry pending from parental address.
6. Also let
me know the reason of delay in the issuing the OBC certificate.
PIO's Reply:
Do. (As above)
7. Provide
appellant the name of the official responsible for this delay.
PIO's Reply:
Do. (As above.)
8. Let the
appellant know the provisions/penalties of action against the official(s) for
causing wilful delay in not giving the certificate in time.
PIO's Reply:
Do. (As above.)
Nashier then
filed her first appeal claiming that the PIO did not supply the desired
information. In his order, the First Appellate Authority (FAA) dismissed the
appeal stating that the information was supplied by the PIO.
Nashier then
approached the CIC with a second appeal claiming that the FAA dismissed her
first appeal without hearing her side.
During the
hearing, Mr Gandhi, the then CIC, noted that both the parties were not present.
From a perusal of the papers, it appeared that the complete information was not provided to the appellant.
He then
directed the PIO to provide specific information about the present status of application along with file notings and
correspondence available on records and name and designations of officers who
have dealt with the file. The CIC also directed the PIO to supply photocopies
of file notings and communications.
Mr Gandhi
said, “from the facts before the Commission,
the PIO is guilty of not furnishing information within the time specified under
sub-section (1) of Section7 by not replying in 30 days”. The Commission then issued a show-cause notice to the
PIO and asked him to give his written submissions as to why penalty should not
be imposed on him as per Section 20(1) of the RTI Act.
CENTRAL INFORMATION COMMISSION
Decision
No. CIC/SG/A/2010/900396/7357
Appeal No.
CIC/SG/A/2010/900396
Appellant
: Neera Nashier
New Delhi-110034
Respondent
: PIO
Sub-Divisional Magistrate (Model Town),
Old Middle school Building,
Ram Pura, Delhi -
CBI
opposes Ashok Chavan's petition in Adarsh case
PTI Apr 1, 2013, 04.49PM IST
MUMBAI:
CBI today opposed the petition filed by former chief minister of Maharashtra,Ashok
Chavan seeking to
quash the case registered against him in the Adarsh Society scam. Chavan has
sought the quashing of the FIR lodged against him by CBI; arguing that he was
falsely implicated by political rivals.
The petition also claims that CBI has no
jurisdiction to probe the case, as neither the high court nor the Maharashtra
government had asked it to take over the probe. At the last hearing, HC had
sought replies from both the state and the CBI.
CBI said in its reply-affidavit today that
Chavan, as the chief minister, granted 'undue favours' to the 'Society', in
return for which his relatives were allotted three flats. Chavan also asked the
'Society' to take 40 per cent members from civilian category, when it was
originally meant only for war veterans, CBI alleged, adding that Chavan played
a key role in the scam. As for the jurisdiction, it said that the defence
Ministry had forwarded a complaint to it, which led to the probe. However, the
Maharashtra government, in its affidavit, reiterated its stand that CBI had no
jurisdiction to probe the scam.
The division bench of Justices P V Hardas and
A R Joshi today sought copies of all the orders passed by other benches in the
case, and affidavits filed by parties. The next hearing will be on April 12.
Chavan's mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and
father-in-law's brother Madanlal Sharma have flats in the 'Society'.
CBI has filed chargesheets against the former
chief Minister and 12 others for criminal conspiracy, cheating and criminal
misconduct under Indian Penal Code and also under Prevention of Corruption Act.
In Punjab court, six-year-old
describes torture by father
Patiala: A six-year-old boy was allegedly singed with
cigarette butts and slashed with a shaving blade by his father who inflicted
injuries all over his body.
The harrowing tale of torture was narrated by the child himself in a local court, hearing a divorce case of his parents.
The court was shocked and dismayed to see injury marks on the body of the child and ordered the police to get the child medically examined in the local Government Rajindra Hospital.
The harrowing tale of torture was narrated by the child himself in a local court, hearing a divorce case of his parents.
The court was shocked and dismayed to see injury marks on the body of the child and ordered the police to get the child medically examined in the local Government Rajindra Hospital.
The child
told the doctors yesterday that his father Baljit Singh inflicted injuries all
over his body.
There were about 16 blade cut marks on different parts of his body, doctors said, adding his back had burn marks caused by cigarette butts.
The parents of the child had filed a divorce case and the court had earlier given custody of the child to the father.
It also directed the accused that the child would be allowed to meet his mother once every month.
When the boy insisted on meeting his mother, the father was so annoyed that he started torturing the child.
A case has been registered against the accused Baljit Singh at the Patiala Sadar Police Station under various sections of the Indian Penal Code, police said, adding, efforts are on to arrest him.
There were about 16 blade cut marks on different parts of his body, doctors said, adding his back had burn marks caused by cigarette butts.
The parents of the child had filed a divorce case and the court had earlier given custody of the child to the father.
It also directed the accused that the child would be allowed to meet his mother once every month.
When the boy insisted on meeting his mother, the father was so annoyed that he started torturing the child.
A case has been registered against the accused Baljit Singh at the Patiala Sadar Police Station under various sections of the Indian Penal Code, police said, adding, efforts are on to arrest him.
Mittal moves SC
against CBI court order
The
special court had named Mittal, Hutchison Essar's former MD Asim Ghosh and
Essar Group promoter Ravi Ruia as accused in 2G scam
Bharti Airtel Chairman
Sunil Mittal has moved the Supreme Court, seeking the summons issued against
him by a Central Bureau of Investigation (CBI) special court be quashed.
On March 19, the special court had named Mittal, former managing director of Hutchison Essar Asim Ghosh and Essar Group promoter Ravi Ruia as accused in the 2G telecom spectrum allocation scam. The court had asked Mittal to appear before it on April 11.
Bharti Airtel declined to comment on the development.
On March 19, the CBI court took cognisance of a charge sheet. In his order, judge O P Saini said Mittal, Ruia and Ghosh were the “alter egos” of their respective companies. “The acts of the companies are to be attributed and imputed to them. I find enough material on record to proceed against them.” Saini also said they represented “the directing mind and will of each company”.
On the same day, an Essar spokesperson had said the company was consulting experts and exploring all legal options and “will in due course take up appropriate legal proceedings to challenge the order.”
Citing its failure to find any private individual in the criminal conspiracy, the CBI had, in its charge sheet dated December 21, 2012, only named Shyamal Ghosh, then telecom secretary, and three private companies---Bharti Cellular (now Bharti Airtel), Hutchison Max (now Vodafone) and Sterling Cellular (now Vodafone)---as accused.
The CBI special court has summoned all the three corporate bigwigs to the court on April 11, with Shyamal Ghosh and the representatives of the accused companies. Consequently, the charges of criminal conspiracy and cheating under the Indian Penal Code will be applicable on the accused executives. Besides, Ghosh has been charged under the Prevention of Corruption Act, applicable only on government officials.
The 2G case involves former telecom minister A Raja and fifteen others. In this, CBI had alleged Ghosh was in conspiracy with the former telecom minister, Pramod Mahajan, who abused his position as a public person and showed undue favour to beneficiary companies, causing a loss of Rs 846.44 crore to the exchequer.
In his last hearing before the order, Saini had asked CBI to name the private individuals involved in the case, as “it takes two people to do a conspiracy and it cannot name only a government person”.
On March 19, the special court had named Mittal, former managing director of Hutchison Essar Asim Ghosh and Essar Group promoter Ravi Ruia as accused in the 2G telecom spectrum allocation scam. The court had asked Mittal to appear before it on April 11.
Bharti Airtel declined to comment on the development.
On March 19, the CBI court took cognisance of a charge sheet. In his order, judge O P Saini said Mittal, Ruia and Ghosh were the “alter egos” of their respective companies. “The acts of the companies are to be attributed and imputed to them. I find enough material on record to proceed against them.” Saini also said they represented “the directing mind and will of each company”.
On the same day, an Essar spokesperson had said the company was consulting experts and exploring all legal options and “will in due course take up appropriate legal proceedings to challenge the order.”
Citing its failure to find any private individual in the criminal conspiracy, the CBI had, in its charge sheet dated December 21, 2012, only named Shyamal Ghosh, then telecom secretary, and three private companies---Bharti Cellular (now Bharti Airtel), Hutchison Max (now Vodafone) and Sterling Cellular (now Vodafone)---as accused.
The CBI special court has summoned all the three corporate bigwigs to the court on April 11, with Shyamal Ghosh and the representatives of the accused companies. Consequently, the charges of criminal conspiracy and cheating under the Indian Penal Code will be applicable on the accused executives. Besides, Ghosh has been charged under the Prevention of Corruption Act, applicable only on government officials.
The 2G case involves former telecom minister A Raja and fifteen others. In this, CBI had alleged Ghosh was in conspiracy with the former telecom minister, Pramod Mahajan, who abused his position as a public person and showed undue favour to beneficiary companies, causing a loss of Rs 846.44 crore to the exchequer.
In his last hearing before the order, Saini had asked CBI to name the private individuals involved in the case, as “it takes two people to do a conspiracy and it cannot name only a government person”.
SC
ruling on Novartis victory of humanity over commercial consideration: Bhaskar
Narayana, Natco Pharma
ET Now Apr
1, 2013, 12.39PM IST
In
an interview with ET Now, Bhaskar
Narayana, Finance Director, Natco Pharma, shares
his views on the SC judgement on Novartis' cancer drug patent issue. Excerpts:
Your
reaction to this announcement and what this means for generic makers in India?
Basically this stands out as a unique
victory of humanity over commercial consideration, to put it very plainly. I
think the element of innovation which deserves protection has been plainly
lacking in the case of Novartis, which has been upheld by the Supreme Court. We
are yet to see the full judgement, but nevertheless this is our immediate
reaction.
In
a nutshell how would this if at all impact Natco Pharma on the financials in the
immediate front because I am guessing you get some forwards into drugs that you
would seek to sell if not selling already?
No, no, we are already selling it. We are
selling it from a long time, if I am not mistaken from 2003 onwards. So t has
no effect on the company as such.
What
is the market for this drug and how much does this benefit on an annual basis?
We garner about 20-23 crore of sales
annually from this one drug.
Could
you just highlight once again for the benefit for our viewers the price
differential for this drug in the market?
The
price differential is almost 10 times. The Novartis drug is ten times costlier than our own
drug. So it simply puts that parity because Novartis has been selling it at
international prices all over the world and whatever price it sells in the US,
it sells at the same price in India, but our drug has been almost 90% cheaper
than the Novartis drug.
Will
you go ahead with the Glevi9c generic version at this point?
There
is no question of it because we are already in the market where we have been
selling this drug from a long time and we continue to manufacture and sell it.
We have no legal restriction at all. The only thing is that our stand has been
vindicated by the Supreme
Court judgement.
Life sentence of two murder accused set
aside
By Express News Service - CHENNAI
02nd April 2013 10:15 AM
The orders of the Additional Sessions Judge (Fast Track Court-I)
in Erode, awarding life sentence to two persons for allegedly murdering a
watchman for gain in a temple in Uthukuli, were set aside by the Madras High
Court on Monday.
“There is no evidence to link the appellants either with the
death of the deceased or dacoity,” a division bench comprising Justices K N
Basha and P Devadass observed and quashed the lower court conviction order.
Murugasamy was found murdered inside the Vetrivelayuthasamy
temple situated at a lonely place in the hillock on January 27, 2004.
Table-drawers and hundial were found broken. The deity’s coronet, chest-armour,
feet-armour and hand-armour and a two-wheeler of Murugasamy were found missing.
Following a complaint from the temple priest, the local police
registered a case and arrested Shankar and Ramesh. As some other accused were
absconding, the cast was split into two and the case against Shankar and Ramesh
was taken to the Sessions Court, which awarded, among other things, life term
to the duo. Hence, the present appeals.
Appellants contended that there was no evidence to link them to
the death of Murugasamy. The recovery of temple properties from their
possession had also not been established, they added.
After perusing the records, the bench observed that the
recoveries projected in this case were tainted, open to doubt, lacked
credibility and it was a stage-managed show. When the very recovery evidence
pressed into service had not been established, the question of raising
presumption vide Sec 114 of the Evidence Act and no -offering of explanation by
the accused as to the recovery during their examination under Sec 313 CrPC did
not arise. The prosecution had not established the charges framed against the
appellants, the judges added, and set aside the lower court order.
Youth and friend
acquitted of charge of gangraping cousin
A youth and his friend have been acquitted
of charges of abducting and gangraping his cousin last year by special fast
track court here after the girl did not support the prosecution's case.
Additional Sessions Judge T R Naval acquitted Delhi residents Shoaib and his friend Rashid of the charges of abducting, gangraping and hurting the girl by giving her poison.
"It is held that prosecution could not prove its case against both or either of the accused beyond any reasonable suspicion and shadow of doubt that they both or either of them committed offence of kidnapping, abducting or inducing women to compel marriage, offence of causing hurt by means of poison and offence of gang rape under the IPC.
"Consequently, by giving them benefit of doubt, both the accused are acquitted for the said offences," the judge said.
According to police, the accused had abducted the 18-year-old girl in March last year and after confining her at several places, they had gangraped her by mixing stupefying substance in her tea.
When the girl returned to her house after two months, she told the police that she had gone with accused Shoaib, son of her mother's sister, and he had taken her to the houses of other relatives and friends.
She had said that she accompanied her cousin Shoaib on her own will and she was having an affair with him for past few months. She had said that he made physical relations with her on the pretext of marrying her and had later dropped her to her house.
The court, however, acquitted both the youths saying, "I come to the conclusion that prosecution has failed to prove its case against both the accused."
It also noted that the girl had said that none of the two accused had raped her. It said even the girl's parents and brother, who were also witness, had failed to support the prosecution's case.
The court closed the prosecution evidence and did not record the statements of the accused saying there was no incriminating evidence against them.
Additional Sessions Judge T R Naval acquitted Delhi residents Shoaib and his friend Rashid of the charges of abducting, gangraping and hurting the girl by giving her poison.
"It is held that prosecution could not prove its case against both or either of the accused beyond any reasonable suspicion and shadow of doubt that they both or either of them committed offence of kidnapping, abducting or inducing women to compel marriage, offence of causing hurt by means of poison and offence of gang rape under the IPC.
"Consequently, by giving them benefit of doubt, both the accused are acquitted for the said offences," the judge said.
According to police, the accused had abducted the 18-year-old girl in March last year and after confining her at several places, they had gangraped her by mixing stupefying substance in her tea.
When the girl returned to her house after two months, she told the police that she had gone with accused Shoaib, son of her mother's sister, and he had taken her to the houses of other relatives and friends.
She had said that she accompanied her cousin Shoaib on her own will and she was having an affair with him for past few months. She had said that he made physical relations with her on the pretext of marrying her and had later dropped her to her house.
The court, however, acquitted both the youths saying, "I come to the conclusion that prosecution has failed to prove its case against both the accused."
It also noted that the girl had said that none of the two accused had raped her. It said even the girl's parents and brother, who were also witness, had failed to support the prosecution's case.
The court closed the prosecution evidence and did not record the statements of the accused saying there was no incriminating evidence against them.
Vijay Mallya moves court against lenders
Move aimed to prevent
Kingfisher airlines creditors from selling shares in United Spirits, Mangalore
Chemicals and Fertilizers
First Published: Tue, Apr 02 2013. 12
40 AM IST
Updated: Tue, Apr
02 2013. 12 43 AM IST
Mumbai: Vijay Mallya’s UB
Group, promoter of Kingfisher Airlines Ltd, petitioned the Bombay high
court last week to prevent creditors of the grounded airline from selling
shares in group companies United Spirits Ltd (USL) and Mangalore Chemicals and
Fertilizers Ltd (MCF) that it
has pledged as loan collateral.
The
petition signals that the process of loan recovery could well be fraught with
prolonged legal battles for the lenders to the airline. The petition will come
up for hearing on Tuesday.
A
consortium of 14 banks with combined exposure of Rs.7,000 crore to Kingfisher
Airlines has
started selling shares in USL and MCF that Mallya offered as collateral when
the airline’s debt was restructured in 2011, according to two bankers who
declined to be identified.
“We have
started selling the shares. The group has moved court, but we are confident
that we will be able to recover part of our money through the sale,” one of the
bankers said.
Kingfisher
Airlines has been grounded since 1 October, first because of staff protests
over unpaid salaries and thereafter because of regulatory issues. Its flying
licence expired on 31 December and a revival plan prepared by the airline to
start limited operations this summer failed to convince the aviation regulator.
The
Directorate General of Civil Aviation (DGCA) would like to see no-objection
certificates from airport operators, aircraft leasing companies, certificates
of support from maintenance firms and spare parts vendors of Airbus aircraft and salaries paid before the airline
can fly again, Mint reported
on 16 January, citing a DGCA official who didn’t want to be named.
The
move by UB Group to petition the high court indicates the legal uncertainties
that creditors of the airline are likely to encounter in the process of
recovering the money they are
owed.
Mallya
did not reply to a query seeking a clarification on the development, but a
senior UB Group executive confirmed that a petition has been filed.
For their
part, the lenders are preparing to file a petition in a debt recovery tribunal
(DRT) against the airline under the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act after recalling their
loans.
This
could happen before the end of this week. The Act allows secured creditors to
move a DRT to recover their money.
Recovery
cases at a DRT are cleared relatively faster than conventional legal means, but
a borrower can move a higher court against decisions by a tribunal.
State
Bank of India (SBI), the
leader of the creditors’ consortium, has the maximum exposure at Rs.1,600 crore to Kingfisher, followed by Punjab
National Bank, or PNB (Rs.800 crore); IDBI
Bank Ltd (Rs.800 crore); Bank
of India, or BoI (Rs.650 crore); Bank
of Baroda, or BoB (Rs.550 crore); United
Bank of India, or UBI (Rs.430 crore); Central
Bank of India (Rs.410 crore); UCO
Bank Ltd(Rs.320
crore); Corporation
Bank (Rs.310 crore); State
Bank of Mysore, an SBI associate bank, (Rs.150 crore); Indian
Overseas Bank (Rs.140 crore); Federal
Bank Ltd (Rs.90 crore); Punjab
and Sind Bank (Rs.60 crore) and Axis
Bank Ltd (Rs.50 crore).
Overall,
their exposure is Rs.6,360 crore, with unpaid interest
taking it up to Rs.7,000 crore .
Apart
from shares in USL and MCF, the lenders hold two UB Group properties in Mumbai
and Goa and two helicopters, besides the Kingfisher Airline brand as collateral
in addition to a personal guarantee from Mallya.
“We are
confident of recovering about one-fourth of our exposure through share sale and
sale of properties and helicopters,” said the first banker cited above.
On
Monday, USL shares lost 0.45% to close at Rs.1,889.45 each while MCF’s shares
rose 13.52% to end at Rs.32.75 on BSE.
Lenders
have turned up the heat on Mallya after Diageo
Plc of the UK in November agreed to buy a 53.4%
stake in USL forRs.11,170
crore, including an open offer to buy 26% from public shareholders.
Finance
minister P.
Chidambaram recently
called upon banks to aggressively push for the recovery of bad assets and chase
the “affluent promoters” of “sick companies”.
There are
other lenders to Kingfisher outside the consortium. They are Srei Infrastructure Finance Ltd (Rs.430 crore), Jammu
and Kashmir Bank Ltd (Rs.80 crore) and Oriental
Bank of Commerce (Rs.50 crore). A debt fund operated
by Kolkata-based Srei Infrastructure bought ICICI
Bank Ltd’s exposure to the airline in July 2012.
The
non-banking financial company and Jammu and Kashmir Bank have shares of USL and McDowell
Holdings Ltd as
collateral.
Another
senior banker, requesting anonymity, said the consortium had empowered a core
group formed to recover debt to take legal actions against the UB Group. The
members of the core group are SBI, PNB, BoB, BoI, IDBI
Bank and UBI.
According
to consulting firm Capa, Kingfisher Airlines’ suspension of operations has had
a knock-on impact on the global leasing and financing sector, highlighting some
of the challenges facing aircraft financiers and lessors in the Indian market,
besides raising concerns about regulatory safeguards with regard to
international investment in the country.
“The
continued delays by the Indian government to de-register Kingfisher-operated
aircraft since it suspended operations in October 2012 is also expected to hurt
other, still-operational, Indian carriers while also creating the impression
that India is not adhering to the Cape Town Convention, of which it is a
signatory,” Capa said in a report.
The Cape
Town Convention is an international treaty aimed at standardizing transactions
involving movable property. In this case, India will have to facilitate smooth
transfer of aircraft to owners if an airline defaults in lease rentals.
Govt calls meeting of CMs, chief justices to bring down pendency
NEW DELHI: The government has called
a meeting of all chief ministers and chief justices of high courts on April 7
to discuss strategy to bring down pendency of cases in different courts and
initiate the process of largescale recruitment of judges.
After the law ministry initiated the move last month, Chief Justice of India Altamas Kabir had written to all chief justices of high courts asking them to strongly take up the matter of doubling the strength of judiciary with the state governments. He had sought an increase of the annual outlay by the state governments.
The CJI had emphasized that state governments must be persuaded to double the number of courts in subordinate judiciary, along with the necessary infrastructure and staff at the earliest.
The central government has set aside Rs 2,800 crore to set up fast track courts and for recruitment of judges. Sources in the law ministry said the CJI has set a target of taking the strength of the judiciary from the current 18,871 to more than 30,000 in the next five years.
The National Court Management System (NCMS), chaired by the CJI, had last year decided to make the judicial system 'five-plus free', ie, free of cases more than five years old. An SC projection says the number of cases will expand to 15 crore in the next three decades requiring at least 75,000 judges.
After the law ministry initiated the move last month, Chief Justice of India Altamas Kabir had written to all chief justices of high courts asking them to strongly take up the matter of doubling the strength of judiciary with the state governments. He had sought an increase of the annual outlay by the state governments.
The CJI had emphasized that state governments must be persuaded to double the number of courts in subordinate judiciary, along with the necessary infrastructure and staff at the earliest.
The central government has set aside Rs 2,800 crore to set up fast track courts and for recruitment of judges. Sources in the law ministry said the CJI has set a target of taking the strength of the judiciary from the current 18,871 to more than 30,000 in the next five years.
The National Court Management System (NCMS), chaired by the CJI, had last year decided to make the judicial system 'five-plus free', ie, free of cases more than five years old. An SC projection says the number of cases will expand to 15 crore in the next three decades requiring at least 75,000 judges.
CBI seeks to dilute Salem case
NEW DELHI: The CBI on Monday moved the Supreme Court
seeking its permission to drop certain charges against gangster Abu Salem under
TADA and Explosive Substances Act in view of its commitment to Portuguese
government at the time of his extradition that he shall not be awarded death
penalty or detained in custody for more than 25 years if found guilty.
Appearing before a bench headed by Justice Aftab Alam, attorney general G E Vahanwati said the government was committed to its assurance given to the Portuguese court and government and sought the apex court's permission to drop the additional charges framed against Salem by the trial court.
"As a matter of fact, charges framed by trial court have been termed as additional charges by the Portuguese courts because of which the Portuguese courts have come to the conclusion that there has been a violation of rule of speciality. More so, the technicality on which the appellant has raised various objections/litigations/representations in India as well as in Portugal..." the agency said.
The agency, however, clarified that withdrawing certain charges against Salem would not harm the CBI case. "It would also be pertinent to point out that offences for which Salem was extradited to India, are grave enough to award him the maximum punishment and therefore no prejudice would be caused to the CBI if the present application is allowed," the application said.
The agency sought withdrawal of charges under section 5 and 6 of TADA and sections 4(b) and 5 of the Explosive Substances Act.
Appearing before a bench headed by Justice Aftab Alam, attorney general G E Vahanwati said the government was committed to its assurance given to the Portuguese court and government and sought the apex court's permission to drop the additional charges framed against Salem by the trial court.
"As a matter of fact, charges framed by trial court have been termed as additional charges by the Portuguese courts because of which the Portuguese courts have come to the conclusion that there has been a violation of rule of speciality. More so, the technicality on which the appellant has raised various objections/litigations/representations in India as well as in Portugal..." the agency said.
The agency, however, clarified that withdrawing certain charges against Salem would not harm the CBI case. "It would also be pertinent to point out that offences for which Salem was extradited to India, are grave enough to award him the maximum punishment and therefore no prejudice would be caused to the CBI if the present application is allowed," the application said.
The agency sought withdrawal of charges under section 5 and 6 of TADA and sections 4(b) and 5 of the Explosive Substances Act.
CBI faults CM for shielding Dharmana
HYDERABAD: Hinting at more important inclusions in the
'soon-to-come' final chargesheet in the Jagan disproportionate assets case, the
CBI on Monday attacked R&B minister Dharmana Prasada Rao and chief minister
N Kiran Kumar Reddy and charged them with "behaving in a manner that is
grossly unconstitutional in utter disregard of the rule of law."
The CBI made these observations while opposing a petition filed by Dharmana in the high court seeking a stay on the proceedings in the Vanpic aspect of the Jagan assets case in the trial court. Dharmana's contention was that since the state had not given a sanction to prosecute him, the court's action in this regard was unlawful. After being named as accused No. 5 in the Vanpic case, Dharmana had put in his papers but continues to be minister as the chief minister is yet to accept the resignation letter.
However, after taking cognizance of the Vanpic case, the CBI court has been summoning the minister for all the court hearings along with other accused in the case. Now, the minister wants the high court to declare it as illegal and stay the proceedings of the trial court.
Appearing on behalf of CBI, senior counsel Ashok Bhan told Justice B Seshasayana Reddy of the high court that Dharmana should have quit his cabinet post owning the responsibility for doling out 18,000 acres to unscrupulous private enterprise in an illegal manner in the Vanpic case as revenue minister in the YSR regime. "He had even bypassed the empowered committee to do this and if any semblance of morality is left, he should quit because he violated the very oath he took as minister and as legislator. The chief minister too should have risen above cheap politics, accepted Dharmana's resignation and allowed the prosecution to commence without any fetters. If the CM has got any respect for probity in public life, he should forthwith accept the resignation of Dharmana," the counsel said.
According to Ashok Bhan, the protection available to a public servant under section 19 of the Prevention of Corruption Act is not available to Dharmana in this case because he is no more a public servant. of the Assembly 2004 to 2009
He perpetrated the Vanpic fraud as revenue minister of the previous government and should account for his past conduct. "He may be a public servant in his position as legislator but this can't be his shield," the CBI counsel said citing the judgment of the Supreme Court in Haryana's Ajay Singh Chautala case who was prosecuted without any sanction from the state. Moreover, the counsel said, the CBI court has only taken cognizance of the offences committed under IPC provisions and we are urging the court to take cognizance of the case under prevention of corruption Act also because no such sanction is needed now.
Senior counsel B Kumar, appearing for Dharmana, said that the CBI court committed an error in overlooking the import of Section 362 CrPC which bars any criminal court from reviewing or modifying an order passed earlier. On September 13 last year, the lower court concluded that sanction under Section 19 of the PC Act was a necessary precursor to taking of cognizance of offences under the Act, he said.
The subsequent modified order affected the rights of the petitioner as it was passed without allowing the latter to be heard on the substantive question of law involved in the modification sought by the CBI. Such an order of review or alteration was in violation of Section 362 CrPC which states that the criminal courts do not have the power of review, he argued.
The judge adjourned the case to April 25 for further hearing.
The CBI made these observations while opposing a petition filed by Dharmana in the high court seeking a stay on the proceedings in the Vanpic aspect of the Jagan assets case in the trial court. Dharmana's contention was that since the state had not given a sanction to prosecute him, the court's action in this regard was unlawful. After being named as accused No. 5 in the Vanpic case, Dharmana had put in his papers but continues to be minister as the chief minister is yet to accept the resignation letter.
However, after taking cognizance of the Vanpic case, the CBI court has been summoning the minister for all the court hearings along with other accused in the case. Now, the minister wants the high court to declare it as illegal and stay the proceedings of the trial court.
Appearing on behalf of CBI, senior counsel Ashok Bhan told Justice B Seshasayana Reddy of the high court that Dharmana should have quit his cabinet post owning the responsibility for doling out 18,000 acres to unscrupulous private enterprise in an illegal manner in the Vanpic case as revenue minister in the YSR regime. "He had even bypassed the empowered committee to do this and if any semblance of morality is left, he should quit because he violated the very oath he took as minister and as legislator. The chief minister too should have risen above cheap politics, accepted Dharmana's resignation and allowed the prosecution to commence without any fetters. If the CM has got any respect for probity in public life, he should forthwith accept the resignation of Dharmana," the counsel said.
According to Ashok Bhan, the protection available to a public servant under section 19 of the Prevention of Corruption Act is not available to Dharmana in this case because he is no more a public servant. of the Assembly 2004 to 2009
He perpetrated the Vanpic fraud as revenue minister of the previous government and should account for his past conduct. "He may be a public servant in his position as legislator but this can't be his shield," the CBI counsel said citing the judgment of the Supreme Court in Haryana's Ajay Singh Chautala case who was prosecuted without any sanction from the state. Moreover, the counsel said, the CBI court has only taken cognizance of the offences committed under IPC provisions and we are urging the court to take cognizance of the case under prevention of corruption Act also because no such sanction is needed now.
Senior counsel B Kumar, appearing for Dharmana, said that the CBI court committed an error in overlooking the import of Section 362 CrPC which bars any criminal court from reviewing or modifying an order passed earlier. On September 13 last year, the lower court concluded that sanction under Section 19 of the PC Act was a necessary precursor to taking of cognizance of offences under the Act, he said.
The subsequent modified order affected the rights of the petitioner as it was passed without allowing the latter to be heard on the substantive question of law involved in the modification sought by the CBI. Such an order of review or alteration was in violation of Section 362 CrPC which states that the criminal courts do not have the power of review, he argued.
The judge adjourned the case to April 25 for further hearing.
DA case: Chautala skips court hearing, goes to hospital
instead
PTI |
Apr 01, 2013, 17:51PM IST
New Delhi: Jailed former Haryana chief
minister OP Chautala was admitted to RML hospital here Monday morning and
failed to appear for trial in a disproportionate assets case before a Delhi
court which pulled up Tihar Prisons Authority for not intimating it about the
development.
The court also issued a notice to the jail superintendent seeking
a report on the health status of 78-year-old Chautala.
Chautala has been lodged in Tihar Jail after being sentenced to
ten year imprisonment in the 2000 JBT scam and was to be produced before
Special CBI Judge Manu Rai Sethi, who is conducting trial in a disproportionate
case against the INLD chief and his sons Ajay and Abhay Chautala.
Even as the case came up for hearing in the afternoon, the jail
authorities had not informed the court about his hospitalisation for a
"digestive disorder" and consequent inability to appear before
it.
"As per his counsel, accused (Chautala) was admitted in
hospital in morning itself. Superintendent of Tihar Jail no. 2 (where Chautala
is lodged) ought to have sent a written communication in this regard to the
court in time.
"He already knew that matter was to be taken up after lunch.
This lax attitude of the superintendent is viewed with concern by this court.
Let notice be issued to him with direction to inform the court of latest health
status of the accused," the court said.
It was Chautala's counsel who informed the court about his
hospitalisation and later a police personnel from the lock-up told the court
that a wireless message was received in this regard.
A fresh production warrant has been issued for Chautala for April
12.
On March 25, the court had rejected Chautala's plea to get a pacemaker
implanted at a private hospital at his own expense and instead referred him to
RML Hospital here saying it has all the infrastructure and facilities required
for his treatment.
The court is hearing a disproportionate assets case registered by
CBI against Chautala in 2010 on a complaint by Haryana Congress leader Shamsher
Singh Surjewala who accused him of amassing assets worth Rs 6.09 crore, far
exceeding his legal income between 1993 and 2006.
Two such separate cases are also on against his sons Ajay and
Abhay Chautala.
Chautala and Ajay Chautala were sentenced to a 10-year
imprisonment by a Delhi court on January 22 for illegally recruiting 3,206
junior basic trained (JBT) teachers in the state in 2000.
Armed forces tribunal remains 'toothless'
as serving officers stay outside its jurisdiction
PUBLISHED: | UPDATED:
Facing stiff opposition from the three services, a parliamentary
panel has stopped short of giving full powers of civil contempt to the armed
forces tribunal, leaving serving officers outside its jurisdiction.
The vice-chiefs of army, air
force and navy had expressed reservations about the amendment in the Armed
Forces Tribunal Act (AFT) seeking civil contempt powers.
Currently, the tribunal only has
criminal contempt powers, because of which it has been considered toothless.
A parliamentary standing
committee, which had considered the proposed amendments, has recommended that
the civil contempt powers be applicable only to the officers of the defence
ministry, other civilian organisations and retired defence personnel.
The army told the panel that
giving civil contempt power to the tribunal will have implementational problems
as many of its officers are posted in inaccessible areas of Jammu and Kashmir
and the North-East.
"Most of these, so to say,
civil contempt cases are cases by name against the senior commanders and
commanding officers, who are responsible for all the administration and
discipline in units and formations," an army source said.
"Can you imagine a unit
carrying out counter-terrorist operations without the commander who is missing
because of summons from the court?"
The air force and navy also felt
the time was not ripe to grant civil contempt powers at this stage.
But the defence ministry did not
agree with the three services. It cited a 2006 case pertaining to Fayaz Khan,
who was dismissed from the army.
The tribunal had ruled in his
favour but the order was not implemented by the army forcing the AFT bench to
observe that it was handicapped in the absence of civil contempt powers.
The ministry said the Solicitor
General of India, who appeared in the case in the Supreme Court, had also
advised the ministry to amend the AFT Act to include the power of civil
contempt expeditiously.
The ministry claimed that the law
ministry and the Attorney General were also in favour of this by amending
section 19 of the AFT Act, 2007.
Currently, the Act has only
criminal contempt powers. It was meant to address grievances of the armed
forces personnel but in the absence of full powers, it is facing problems in
addressing the issue.
The amendment will now be placed
before the government for approval.
Police excesses: Supreme Court raps Punjab, Bihar for no replies
NEW DELHI: The Supreme Court on Monday came down heavily on states which have not filed
their responses to separate petitions seeking implementation of police reforms
and recent police excesses in Bihar and Punjab.
"We normally do not summon officers. The governments think that they can play with the court's orders. They must respond to what courts have asked them to respond," a bench of justices G S Singvi and Kurian Joseph said.
"Sorry for the inconvenience. We will take up the matter for hearing on day-after-tomorrow," Justice Singhvi said and asked the states, which have so far not responded, to file their affidavits by Tuesday evening after supplying advance copies to Attorney General (AG) G E Vahanvati, senior advocate Harish Salve and others.
"Those states/officers, who have not filed the affidavits, should understand that they have to file them by tomorrow evening or the court may have to summon senior officers to assist the court," the bench said after the AG said only eight states have so far filed their replies.
The court had earlier taken suo motu cognisance of news reports on separate incidents in which a woman was beaten up in Punjab and some ladies teachers were assaulted in Patna during an agitation.
It had issued notices to the Centre and states saying the beating up of innocent and unarmed people was "animal behaviour".
During the hearing, the Attorney General, who along with Salve and others, is assisting the court, said the affidavit filed by the Bihar DGP is "conspicuously" silent over the assault on womenteachers who were sitting inside a tent.
"It is just merciless. One can understand the use of force if there is unlawful assembly. But here teachers have been beaten up mercilessly when they were sitting in a tent," the court said.
There is no explanation why women were beaten up, the court said and criticized the practice of justifying such incidents to the media by the officers concerned.
"The moment such wrong is committed, some police officers go on TV and try to justify the police action," it said adding that even after 66 years of independence, "the helpless and ladies" are being beaten up.
"The ailment starts at the grassroot level. At the recruitment level, there is extraneous considerations," the court said.
The court fixed the matter for hearing on April 3. Earlier, the court had slammed Bihar and Punjab governments for recent incidents of police excesses and issued notices to the chief secretaries, the home secretaries and the DGPs of all states and police commissioners of UTs on implementation of its earlier directions in the Prakash Singh case on police reforms.
"We normally do not summon officers. The governments think that they can play with the court's orders. They must respond to what courts have asked them to respond," a bench of justices G S Singvi and Kurian Joseph said.
"Sorry for the inconvenience. We will take up the matter for hearing on day-after-tomorrow," Justice Singhvi said and asked the states, which have so far not responded, to file their affidavits by Tuesday evening after supplying advance copies to Attorney General (AG) G E Vahanvati, senior advocate Harish Salve and others.
"Those states/officers, who have not filed the affidavits, should understand that they have to file them by tomorrow evening or the court may have to summon senior officers to assist the court," the bench said after the AG said only eight states have so far filed their replies.
The court had earlier taken suo motu cognisance of news reports on separate incidents in which a woman was beaten up in Punjab and some ladies teachers were assaulted in Patna during an agitation.
It had issued notices to the Centre and states saying the beating up of innocent and unarmed people was "animal behaviour".
During the hearing, the Attorney General, who along with Salve and others, is assisting the court, said the affidavit filed by the Bihar DGP is "conspicuously" silent over the assault on womenteachers who were sitting inside a tent.
"It is just merciless. One can understand the use of force if there is unlawful assembly. But here teachers have been beaten up mercilessly when they were sitting in a tent," the court said.
There is no explanation why women were beaten up, the court said and criticized the practice of justifying such incidents to the media by the officers concerned.
"The moment such wrong is committed, some police officers go on TV and try to justify the police action," it said adding that even after 66 years of independence, "the helpless and ladies" are being beaten up.
"The ailment starts at the grassroot level. At the recruitment level, there is extraneous considerations," the court said.
The court fixed the matter for hearing on April 3. Earlier, the court had slammed Bihar and Punjab governments for recent incidents of police excesses and issued notices to the chief secretaries, the home secretaries and the DGPs of all states and police commissioners of UTs on implementation of its earlier directions in the Prakash Singh case on police reforms.
Environment
Ministry amends rules regarding mining project expansion
PTI Apr 1, 2013, 08.50PM IST
NEW
DELHI: The Environment Ministry has amended rules exempting expansion of mining
projects from public hearing, sources said.
The rules have been amended in line with the
decision taken by the Cabinet Committee on Investment (CCI) to end the
prolonged delays in various projects including mining.
For one-time capacity expansion of 25 per cent
or less, coal mining projects have now been exempted from public hearing
provided it had taken place at the time of obtaining the existing Environment
Clearance and the mining is confined to the existing lease area, official
sources said.
It has been decided that "no fresh
Environment Clearance (EC) shall be required for a mining project at the time
of renewal of mining lease if EC was obtained under the EIA Notification of
2006," says a fresh Ministry notification.
High Court orders supply of subsidised diesel to Kerala Water
Transport Dept
KOCHI, APRIL 1:
The Kerala High Court on
Monday directed the two public sector oil companies to sell high speed diesel
to the State Water Transport Department at subsidised rates.
The interim directive comes
close on the heels of a similar directive for supplying subsidised diesel to
KSRTC.
Justice V.Chitambaresh
issued the directive on a petition moved by the government department.
The State government gave
an undertaking that it would pay up the differences in the prices of diesel to
the oil companies if the writ petition was ultimately dismissed.
In its petition, the
Transport Department said that it was not operating its boat service with the
sole motive of making profit. It aimed to provide maximum service to the
general public.
The oil companies were
supplying diesel at non-subsidised rate, as the department had been categorised
as a bulk consumer. The average consumption of diesel a month was 1.80 lakes
litres. This entailed an additional expense of more than Rs 20 lakh a month.
The department was
operating 733 numbers of services a day using 58 boats. A total of 60,000
commuters were dependent on its service. The department was forced to bear an
additional burden on account of buying diesel at enhanced price, even as it was
incurring a loss of Rs 26 crore a year. Therefore, the department was entitled
to diesel at the subsidised price.
The petitioner sought to
quash the Centre’s order directing the oil companies to sell diesel to bulk
consumers at non-subsidized price.
Indian Oil Corporation and
Hindustan Petroleum Corporation contended that while the Centre and the public
sector oil companies were providing a subsidy of Rs 11.20 per litre of diesel,
the State Government was levying tax to the tune of almost the same amount on
every litre of diesel being sold to bulk consumers.
In fact, the levy of
ad-valorem VAT rate of 20 per cent on diesel by the State Government had
enabled it to generate incremental revenue in the wake of the hike in the basic
selling price of diesel meant for bulk consumer.
High court upholds maintenance for kid born out of
wedlock
First
Published: 01:44 IST(2/4/2013) | Last Updated: 01:45 IST(2/4/2013)
The Bombay high court
recently upheld the order of a Pune family court directing a 29-year-old man to
pay Rs1,000 toward monthly maintenance to an eight-year-old boy born out of his
illegitimate relationship with a woman, who had accused him of rape.
Justice Roshan Dalvi
rejected the plea filed by Indrajeet Surve, a driver, challenging the family
court order of July 12, 2011, contending that the child was illegitimate and
sought to dispute his paternity.
Surve argued that the
mother had filed a false case of rape against him with an intention to extort
money and the trial court had acquitted him of the charge in November 2006.
The high court,
however, rejected the challenge after finding that the child’s paternity had
not been justifiably denied by him.
Surve had also challenged
the quantum of the maintenance amount on grounds that it was exorbitant in view
of his monthly income of Rs5,000 earned as a driver of a private vehicle.
On the other hand,
the woman’s counsel, Pramod Pawar, pointed out that the 28-year-old unwed mother
worked as a housemaid and the family court fixed the amount at Rs1,000 in view
of statements made by Surve himself. Justice Dalvi refused to interfere with
the family court order considering the amount was rather paltry and there was
nothing erroneous about it.
Surve and the woman
were reportedly in a relationship when she was residing at a village in
Ratnagiri. The woman alleged that Surve made false promises of marriage and
convinced her to maintain a physical relationship, and the child was born in February
2005. However, Surve later refused to marry the woman compelling her to lodge a
complaint of rape.
High Court initiates PIL on out-of-school children
The Karnataka High Court on
Monday ordered issue of notice to the State government while suo motu treating as a public interest
litigation petition a report, “The glitches that dog RTE implementation”, in The Hindu on March 31 based on a State-level
meet on the RTE Act held in the city recently.
The report said that during
the meet, organised by the People’s Alliance for Right to Education (PAFRE), a
facilitator of the organisation, quoting government’s figures, had stated that
“54,000 children are still out of school…” “If the news item is correct, then
it is a serious violation on a massive scale. About 54,000 children are not
going to schools means that they may be engaged as child labourers and in other
activities… their future is dark,” a Division Bench comprising Chief Justice
D.H. Waghela and Justice B.V. Nagarathna orally observed during the hearing.
It has been pointed out in
the petition that a large number of students being out of school would mean
that provisions of the RTE Act are not being properly implemented.
The Bench directed the
government to file its affidavit and also to ascertain details about the PAFRE
so that it could be treated as intervener in the present proceedings to assist
the court.
The court has appointed
advocate Aditya Sondhi as amicus
curiae in the matter.
Fungicide purchase: Punjab and Haryana high court issues notices to
Centre, Haryana
CHANDIGARH: Punjab and Haryana high court issued notices to the
Centre and Haryanagovernment on Monday on a PIL requesting a CBI probe into an alleged
scam in purchase of fungicide from a German company. HaryanaIASofficer AshokKhemka,
who is currently the managing director of the Haryana Seeds
Development Corporation, had recently alleged that the fungicide, manufactured
by a German company, was not the cure for treating a wheat seed disease for
which it was bought for Rs 60crore and
then further given to the farmers on 100% subsidy. A division bench comprising
Chief Justice A K Sikri and
Justice R K Jain issued
the notices while hearing a plea filed by BhiwaniSudhar and VikasSamiti,
an NGO, through its president Pawan Kumar Anchal.
The petitioner had sought directions for a probe by an independent agency in the "arbitrary purchase of 'RAXIL 2DS' fungicide worth several crores by Haryana government for treatment of wheat seed including 'Karnal Bunt' disease in violation of the Insecticides Act, 1968." The PIL stated that this particular fungicide was also purchased at higher than the market rates by officers of the Haryana government. According to the petitioner, on October 6, 2010, in a meeting under the chairmanship of Haryana chief minister, the decision to use RAXIL 2DS was taken without checking any scientific data.
The use of RAXIL 2DS was made compulsory for control of Loose Smut, Flag Smut and Karnal Bunt diseases in wheat seeds, before the seeds could be certified by the state seed certification agency, stated the petition. According to the petition, no scientific data or research supports the claim that this fungicide controlled or cured one of the three diseases - the Karnal Bunt disease.
"Even if it is presumed that the concerned research department of university had conducted credible scientific research establishing that said fungicide controlled Karnal Bunt disease in wheat crop, it was incumbent upon the manufacturing company to approach Central Insecticide Board for approval and registration under the relevant statute," stated the petitioner. The case will come up for further hearing on April 12. Meanwhile, IAS officer Khemka, who had cancelled the mutation of Robert Vadra DLF deal had also recommended a criminal case against the German company for making "false claims to sell fungicide in Haryana".
The petitioner had sought directions for a probe by an independent agency in the "arbitrary purchase of 'RAXIL 2DS' fungicide worth several crores by Haryana government for treatment of wheat seed including 'Karnal Bunt' disease in violation of the Insecticides Act, 1968." The PIL stated that this particular fungicide was also purchased at higher than the market rates by officers of the Haryana government. According to the petitioner, on October 6, 2010, in a meeting under the chairmanship of Haryana chief minister, the decision to use RAXIL 2DS was taken without checking any scientific data.
The use of RAXIL 2DS was made compulsory for control of Loose Smut, Flag Smut and Karnal Bunt diseases in wheat seeds, before the seeds could be certified by the state seed certification agency, stated the petition. According to the petition, no scientific data or research supports the claim that this fungicide controlled or cured one of the three diseases - the Karnal Bunt disease.
"Even if it is presumed that the concerned research department of university had conducted credible scientific research establishing that said fungicide controlled Karnal Bunt disease in wheat crop, it was incumbent upon the manufacturing company to approach Central Insecticide Board for approval and registration under the relevant statute," stated the petitioner. The case will come up for further hearing on April 12. Meanwhile, IAS officer Khemka, who had cancelled the mutation of Robert Vadra DLF deal had also recommended a criminal case against the German company for making "false claims to sell fungicide in Haryana".
HC raps state for not resolving dump crisis
A division bench of Justice A M Khanwilkar and Justice A P Bhangale was hearing a clutch of petitions regarding garbage dumping issues in various civic corporations and councils. The judges had clubbed all matters together saying they would pass individual orders.
Government pleader S S Shinde said the state sought time for monitoring and ensuring compliance of rules and regulations under theEnvironment Protection Act, specifically the Municipal Solid Waste Management and Handling Rules.
The judges said rather than assurance on paper and "lip service", the court wants action. The HC said the state must show seriousness by identifying land available for dumping. "You don't have to develop the land. You just have to acquire it and begin dumping immediately," said Justice Khanwilkar.
When a few advocates pointed out individual problems, the judges said they would concentrate on the general issue of making land first available and then go into specific violations. "Think of the common good, not an individual case. If tomorrow residential garbage is not picked by the corporation because there is no space, then how do you solve the problem," asked Justice Khanwilkar.
The judges said in the next hearing they would ask the state to identify land under the Town Planning Scheme within a fortnight and the pollution control board to grant clearance within 48 hours. They also warned of action against officials concerned for contempt of court.
Don't sell for profit, HC tells private blood banks
AHMEDABAD: Gujarat high court (HC) on Monday said that
private blood bank cannot sell blood that is collected through donation for the
purpose of profiteering.
The HC opined that since people donate blood with good intention to help the needy, their objective should be borne in mind by the blood banks and they should not make it a business of profit.
With this oral observation, the court directed the largest private blood bank - Prathama Blood Centre to deposit 10% of collected blood with the government hospital free and give 30% blood to the hospitals run by the civic bodies at a concessional rate. The court ordered so after petitioner Ashok Naik alleged that the blood banks do not supply blood to public hospitals and sell it off for profiteering resulting into blood crisis for patients in general hospitals. He also claimed that this arrangement has been made in the license terms, said petitioner Ashok Naik's lawyer, Parth Contractor.
Meanwhile, Naik submitted an affidavit before the court stating that private blood banks have sold blood to the tune of Rs 11.35 crore in the last three years. Of this, eight blood banks have made 60% of total business and Prathama's sell is nearly 25% of total blood sale to patients as well as drug manufacturing companies. Advocate Contractor made this submission after analysing affidavits filed by 142 blood banks revealing their sale of blood. The court later sought details from 52 blood banks that sell blood plasma to patients and drug manufacturers.
Naik also claimed in his affidavit that as per the guidelines, all blood banks are required to provide blood and its components free of cost to patients suffering from haemophilia and thalasemia and alleged that many blood banks do not follow this and recover charges from such patients.
The state government has also furnished a list of blood banks and laboratories that are qualified to sell plasma and provided details about the sale of plasma to private drug manufacturers.
Naik filed a PIL in 2011 questioning the profiteering by private blood bank through the sale of blood and blood components. He demands regulatory measures for collection and supply chain of blood and its components so that needy gets help in time in hospitals.
The bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has sought all concerned parties' opinion on the issue and kept further hearing after two weeks.
The HC opined that since people donate blood with good intention to help the needy, their objective should be borne in mind by the blood banks and they should not make it a business of profit.
With this oral observation, the court directed the largest private blood bank - Prathama Blood Centre to deposit 10% of collected blood with the government hospital free and give 30% blood to the hospitals run by the civic bodies at a concessional rate. The court ordered so after petitioner Ashok Naik alleged that the blood banks do not supply blood to public hospitals and sell it off for profiteering resulting into blood crisis for patients in general hospitals. He also claimed that this arrangement has been made in the license terms, said petitioner Ashok Naik's lawyer, Parth Contractor.
Meanwhile, Naik submitted an affidavit before the court stating that private blood banks have sold blood to the tune of Rs 11.35 crore in the last three years. Of this, eight blood banks have made 60% of total business and Prathama's sell is nearly 25% of total blood sale to patients as well as drug manufacturing companies. Advocate Contractor made this submission after analysing affidavits filed by 142 blood banks revealing their sale of blood. The court later sought details from 52 blood banks that sell blood plasma to patients and drug manufacturers.
Naik also claimed in his affidavit that as per the guidelines, all blood banks are required to provide blood and its components free of cost to patients suffering from haemophilia and thalasemia and alleged that many blood banks do not follow this and recover charges from such patients.
The state government has also furnished a list of blood banks and laboratories that are qualified to sell plasma and provided details about the sale of plasma to private drug manufacturers.
Naik filed a PIL in 2011 questioning the profiteering by private blood bank through the sale of blood and blood components. He demands regulatory measures for collection and supply chain of blood and its components so that needy gets help in time in hospitals.
The bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has sought all concerned parties' opinion on the issue and kept further hearing after two weeks.
As lawyers fight
in Gujarat HC, CJ offers his good offices for peace
Express
news service :
Ahmedabad, Tue Apr 02 2013, 02:59 hrs
The Gujarat High Court's Chief Justice Bhaskar Bhattacharya on Monday offered
to hear in his chamber a plea filed in connection with a lawyer being beaten up
by his colleagues for disregarding a strike call on March 11.
The court
observed that hearing the matter in open court would not be
"conducive".
It court was
hearing a public interest litigation filed by Amit Panchal, an HC lawyer, after
one of his colleagues, Jal Unwala, was allegedly abused and beaten up in his
chamber by some senior lawyers and office-bearers of Gujarat High Court
Advocates' Association (GHAA) for working on March 11 despite a strike call
given by the association. Unwala had written a letter to the Chief Justice the
same day seeking his intervention.
Unwala and
senior counsel Saurabh Soparkar were also suspended from GHAA for conducting
business on a day when there was a strike.
During the
last hearing on the PIL, the division bench led by Chief Justice Bhattacharya
had asked the parties concerned to resolve the issue amicably while referring
the HC as a "family". It had even asked advocate general Kamal
Trivedi to intervene.
On Monday,
senior counsel Mihir Thakore, appearing for Unwala and Soparkar, pressed for an
apology from the GHAA members before an open court for the March 11 incident.
Subsequently,
the Chief Justice asked the lawyers to resolve the issue outside the court. He,
in fact, offered to conduct the hearing of the matter inside his chamber to
resolve the issue before adjourning the matter.
He did not
give any dates for the next hearing and asked the lawyers concerned to inform
the court after arriving at some amicable solution.
HC notice to Punjab on overcrowding in
Phagwara jail
HT Correspondent, Hindustan Times
Chandigarh, April 01, 2013The Punjab and Haryana high court has taken suo motu notice of the plight of 31 undertrials kept in the Phagwara sub-jail in a congested room of 12 foot X 21 foot dimensions and has issued notice of motion to the Punjab government.
It was during an inspection visit by justice K Kannan to the Phagwara sub-jail on March 22 that he came face to face with the situation. In a communication to chief justice Arjan Kumar Sikri, justice Kannan said, "It (room) is too small to allow for the barest comfort of a civilised living. It is grossly inhuman to dump so many people in such a small room."
Chandigarh, April 01, 2013The Punjab and Haryana high court has taken suo motu notice of the plight of 31 undertrials kept in the Phagwara sub-jail in a congested room of 12 foot X 21 foot dimensions and has issued notice of motion to the Punjab government.
It was during an inspection visit by justice K Kannan to the Phagwara sub-jail on March 22 that he came face to face with the situation. In a communication to chief justice Arjan Kumar Sikri, justice Kannan said, "It (room) is too small to allow for the barest comfort of a civilised living. It is grossly inhuman to dump so many people in such a small room."
Justice
Kannan recommended that there is an immediate need for expansion of the jail
premises and as an interim measure at least 25 inmates shall be transferred to
Kapurthala model jail. Justice Kannan also suggested that issues of extension
of remand for the transferred prisoners could be considered through
video-conferencing.
The
case would now come up for hearing on April 10.
Maharashtra
CID to give HC custodial deaths probe update
MUMBAI:
State Crime Investigation Department will give the Bombay High Court an update
on its probe pertaining to two custodial deaths in the Central Police Station
at Ulhasnagar in Thane district in 2011.
A bench of
Justice A M Khanwilkar and Justice A P Bhangale will hear a public interest
litigation by social activist Hardas Tharwani regarding the death of 34 year old Sunil
Shelke. During the hearing the court was informed that in same police station
another man died in custody a month earlier.
According to Tharwani's petition, Shelke was a
tailor. On his wife's complaint, he and his brother Yogesh were summoned to the
police station on April 11, 2011. Shelke was asked to give a written
undertaking that he will not trouble his wife. When he refused, the brothers
were arrested and mercilessly beaten. Around 10.45 pm, Shelke began vomiting
blood. He was taken to a hospital and brought back within an hour. Around 2 am
on April 12, 2011 he complained of uneasiness and died.
On March 2, 2011 Narayan Rathod (38), an
alleged murder suspect , was illegallydetained without any competent
court'sorder. There were 25 injuries on his body. Following the PIL, six
policemen were book for culpable homicide not amounting to murder and causing
grievous hurt to extort confession. Additional public prosecutor Aruna Pai had
told the court that out of six officers, three are suspended and departmental
inquiry is on against the other three. The State CID, which took over the case
in April 2012, is expected to give the court a status update on its
investigations.
HC asks state to reply to new PIL on parking policy
The PIL moved on Monday by Thane-based activist Pravin Wategaonkar, who had earlier filed a PIL on the Adarsh housing irregularities, said that an RTI query he made last month showed that no new approvals were given to public parking lots after June 2012. The files before June 2012 were burnt in the Mantralaya fire, the department had said. The query was to find out how many public parking lots were allowed since November 2010.
A bench of Chief Justice Mohit Shah and Justice Anoop Mohta asked why he had sought details specifically from November 2010 to which Wategaonkar replied that the new minister took over the department at that time. The government pleader said that the state collected Rs 100 crore premium, with the BMC collecting an equivalent amount. Wategaonkar said the state ought to disclose whether it was collected before or after the fire.
The PIL said developers benefitted from the policy which sought a 'meagre premium' from them compared to the eventual market price of additional buildable space.
The PIL said: "In wider public interest, there should be a thorough investigation of proposals already cleared, and until the probe is complete, the state be restrained from sanctioning any new proposal. The GoM be directed to file under affidavit, list of public parking proposals cleared by the committee formed under DC Rules of BMC, as amended and yet to be sanctioned by the UD minister and CM so that they remain in public domain."
"Based on the outcome of these probes, the GoM be directed to propose a transparent and time-bound mechanism based on which future public parking proposals need to be cleared," the PIL stated.
HC to
hear PIL against toll on incomplete roads
MUMBAI:
Bombay high court is slated hear on Monday a public interest litigation
challenging the imposition of toll charges on roads which are incomplete.
A
division bench of Justice A M Khanwilkar and Justice A P Bhangale will hear public interest litigation filed by social
activist Shashikant
Changede against the toll charges on roads which are incomplete in Pune and
Ahmednagar. His petition said the government must not allow the contractor to
charge toll on such roads. At a
previous hearing the judges have chided the State government asking why
citizens should pay for deficient service.
The
government's advocate then had submitted that toll amount cannot be reduced but
the time frame of toll collection can be reduced. The judges pointed out that a
similar problem is faced by citizens all over Maharashtra and questioned how a citizen could be compensated by reducing the
time frame of toll collection when he pays the full toll amount. They said the government must take a policy
decision in this regard and warned that if it fails to do so, they shall stay collection
of toll.
The hearing was adjourned after the government
advocate sought time to take instructions on how the toll amount could be
reduced.
