Task force set up to curb medical frauds

MUMBAI: The Minister of State for Urban Development, Rajesh Tope, on Wednesday announced the setting up of a task force to keep an eye on crimes taking place in hospitals. Key officials from three concerned departments of the government along with personnel from NGOs will be a part of this force.
Shiv Sena MLC, Neelam Gorhe, who has been demanding a special force to look into the increase in the number of criminal activities in hospitals, said, “The task force will help maintain records of the criminals and their associates. Illegal kidney transplant, female feticide and other such cases will be overlooked by the task force.”
She added, “The force should comprise of officials with powers so that preventive action can be taken immediately.”
Frame guidelines: Bombay High Court on Wednesday directed the state government to frame guidelines and initiate action against bogus medical practitioners claiming to cure AIDS. The court of Justices Bilal Nazki and AP Deshpande gave the directive in response to a PIL filed by an NGO.
Surendra Gangan
Thursday, April 03, 2008 03:29 IST
www.dna.com

Karna HC to hear PIL against Hogenakal project

Bangalore, April 02: The Karnataka High Court will hear a Public Interest Litigation tomorrow seeking a direction to Tamil Nadu not to implement the Hogenakal drinking water project until completion of a joint survey ordered by the Centre.
In the PIL filed today, petitioners Govindaraj and three others, who are members of the Chamarajnagar City Muncipal Council, contended that the joint survey had not been completed.
It would cause injustice to Karnataka if Tamil Nadu went ahead with the project at this stage, they submitted.
The petition has been listed before a Division Bench. - Agencies
www.chennaionline.com; Published: Thursday, April 03, 2008

Govt can't arbitrarily restrict land use by its owner: SC

NEW DELHI: The Supreme Court has said the Government cannot arbitrarily restrict the use of a land by its owner as it would severely curtail his right to possess property. "The power to restrict the use of land by the owners thereof is a drastic power. The designation or reservation of the land and its use results in severe abridgment of the right to property," a bench of Justices S H Kapadia and B Sudershan Reddy observed. The ruling assumes significance as under the garb of revising a development plan the substantial right conferred upon the owner of the land or a person interested therein cannot be taken away by the Government. It said public orders made by authorities are meant to have public effect and must be construed objectively with reference to the language used in the order. The apex court passed the orders while quashing as "ultra vires" (unconstitutional) a Gujarat Government notification to "designate" certain residential lands for "educational use" in Surat Town. As more than 20 years had lapsed since the land had been acquired, the bench directed the State Government to forthwith return the land to the aggrieved persons, Bhikubhai Vithalbhai Patel and others "without any further hurdle in the matter." The aggrieved land owners had filed the special leave petition (SLP) after the Gujarat High Court upheld the validity of the two notifications issued by the State Government on July 22 and September 28, 2004 under which the administration sought to "designate" the land for South Gujarat University. THE ECONOMIC TIMES; 2 Apr, 2008, 1924 hrs IST, PTI

Killing during a sudden fight does not amount to murder: SC

NEW DELHI: A killing which is not pre-meditated and takes place during a sudden fight should not invite a punishment which is awarded for a murder, the Supreme Court has said. "It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case," a Bench of Justices Arijit Pasayat and P Sathasivam observed while reducing to 10 years the life imprisonment awarded to Suresh Kumar for a murder. The apex court said Kumar's action of stabbing the victim Sanjeev Kumar during a marriage brawl was not pre-meditated and hence he was entitled to the exception provided under Section 304 IPC (culpable homicide not amounting to murder). In this case two groups of people belonging to different marriage parties were going out in a procession in Himachal Pradesh's Kangra district on February 27, 2001. During the procession the revellers had an altercation with each other during which Suresh took out a knife and stabbed Sanjeev to death. The sessions court convicted Suresh to life imprisonment and the Himachal Pradesh High Court dismissed his appeal following which he appealed in the apex court. While upholding the prosecution's evidence that Suresh caused the death of Sanjeev, the apex court, however, reasoned that the accused's action was not pre-mediated as it occurred during a sudden fight. He was entitled to the protection granted under Section 304 IPC, the apex court said while reducing the sentence to 10 years. THE TIMES OF INDIA; 2 Apr 2008, 2200 hrs IST , PTI

Petition in SC for providing special aircraft to CJI

NEW DELHI: A petition was on Wednesday moved in the Supreme Court seeking a direction to the government to provide a special aircraft to the Chief Justice of India for his movements like the President. The petition said since the CJI administers oath to the President, he should be treated equally in providing facilities like special aircraft for his travel. The petition filed by an NGO, Naya Bharti, also sought a direction for providing SPG protection to the CJI and Z-category security to the Chief Justices of High Courts. The NGO has challenged the Allahabad High Court verdict dismissing the petition on the ground that the issues raised in it cannot be treated as public interest litigation. In the Special Leave Petition (SLP), the NGO said the petition should be treated as PIL since it has raised issues relating to the independence of judiciary and issues related to the security of judges. THE ECONOMIC TIMES; 2 Apr, 2008, 1945 hrs IST, PTI

Advocate’s letter sparks off row in HC

Ahmedabad, April 01 On Monday, notice boards of the Gujarat High Court, otherwise full of case lists and routine announcements, played host to a strongly worded letter written by none other than Mihir Joshi, additional advocate general, Gujarat, raising questions about the conduct of affairs in the High Court and the 'integrity of the judges’.
In his letter, Joshi, himself a senior advocate, questioned the wisdom of having chief justices from outside the state. He said, ‘whispers regarding the integrity of some of the judges of our High Court have turned into shouts, which would be both unwise and difficult to ignore.’ The issue of judges mistreating junior advocates has also been raised.
The letter also questions the transfer of additional sessions judge, Sonia Gokani from the post of designated POTA Judge to Registrar (Recruitment) in the HC. Gokani, who had awarded the capital punishment in the Akshardham temple terrorist attack case, and had also tried the Haren Pandya murder case, was transferred just a day before the trial in the Sohrabuddin Sheikh fake encounter case was to begin.
In his letter, Joshi said that the policy of appointing chief justices from outside the state had not worked and ‘recent chief justices have either been disinterested, perfunctory or authoritarian’.
The letter addressed to advocate general Kamal Trivedi and K J Shethana, president of the High Court Bar Association, has sparked off an intense debate.
A reputed advocate, on conditions of anonymity said, “Joshi is a senior advocate and a person of integrity. He won't level charges just like that. In many ways that letter reflects the general feeling of the lawyers in the High Court. Judges are often close to retirement age when they are sent to a different state as the chief justice. It takes them a while to adjust to a new place and a get a feel of the administrative work. By the time that happens, they are either elevated to the Supreme Court or transferred to some other High Court. Most of them just retire.”
Lawyers said judges have been treating junior advocates shabbily. A lawyer wistfully rued, “When we started, there was a whole tradition of judges training junior advocates, making them read out judgments, encouraging them to argue. Now judges have no patience and are very rude.”
Reacting to the letter, Chief Justice Yad Ram Meena said that the policy of appointing chief justices from outside the home state was not something he could comment upon. Justice Meena said that the transfer decisions were taken by a committee of senior judges and not by him.
Now the High Court Bar Association has called for an extraordinary general meeting on Thursday to discuss the letter. Both Joshi and advocate general Kamal Trivedi have been asked to attend the meeting. Anil Dave, vice president of the associations said, “Joshi should substantiate his allegations. As of now, the letter is vague and does not mention any names. We cannot say anything just on the basis of allegation.”
Joshi, however, refused to comment on the letter when contacted by this paper.
Express news service
Posted online: Wednesday, April 02, 2008 at 02:54:11Updated: Wednesday, April 02, 2008 at 02:54:11

HC orders Goa, Centre to take decision on SEZ within 6 weeks

Panaji, Apr 01, 2008 (Asia Pulse Data Source via COMTEX) -- -- Panaji Bench of Bombay High Court today ordered the State and Union Government to take decision on the status of the Special Economic Zone within six weeks.
The order came in the wake of petition filed by Meditab Specialities Pvt Ltd, whose SEZ was notified at Kerim village of north Goa and later scrapped.
Division bench comprising of Chief Justice Swatanter Kumar and Justice N A Britto today gave the interim order after hearing the State Advocate General on the issue.
Goa has said that it has communicated its decision to recommend the denotification of Meditab SEZ to the Centre and further decision will be taken by the Union Government.
Goa Chief Minister Digamber Kamat on New Year's eve had announced scrapping of 12 SEZs while three -- including Meditab -- were referred for denotification to the Board of Approvals.
The BoA taking up the issue in their February meeting had hinted at the compensation to be paid to these industrial enclaves.
Earlier in the day, state industries secretary V K Jha said the government is yet to take legal opinion on whether to or not to compensate SEZ promoters.
He said that the state government will take the decision in the interest of the state.
Jha had said the state will be able to decide on its stand only after getting the communication from the BoA which will give clarity to the issue. www.tradingmarkets.com; Wednesday, April 02, 2008; Posted: 12:58 AM

Delhi HC notice to police on missing minor girls

The Delhi High Court asked Delhi Police today to produce by April 21 two minor girls missing since December 19 last year. Hearing a writ petition by the mother of the girls, a Division Bench headed by Justice Vikramjit Sen and PK Bhasin ordered the police to produce the sisters called 17-year-old Momin and 4-year-old Reshma by April 21. Accusing two persons Gaurav and Prabhakar Shinde of luring both her daughters, petitioner Salma Bano prayed for the investigation to be conducted by such independent agency as the crime branch or special cell. The petition mentions that the police registered the case much later, stonewalling every attempt to get a case registered. Even the investigating officer, she adds, has been persuading the petitioner to withdraw the case. She expressed fears that her elder daughter may have been forcibly married to Prabhakar Shinde, a married man who she believes to be three times as old as her daughter. UNIwww.indlawnews.com; Tuesday, April 01, 2008

Calcutta HC urged CIL to complete the takeover of MAMC

It is reported that Calcutta High Court Justice Nadira Patherya has directed Coal India Limited to complete the process for the takeover of Mining & Allied Machinery Corporation Limited by June 2008.As directed by the High Court, CIL deposited a bank guarantee of INR 75 crore for the purpose of preparing the groundwork for reopening of MAMC. CIL had filed a petition seeking time for such reopening, which was allowed by the court. The matter will next appear on June 9th 2008.Earlier, in October 2007, CIL and Damodar Valley Corporation got the permission from Calcutta High Court to take steps for taking over MAMC, to run it as a going concern.
www.steelguru.com

Ansal brothers move HC for permission to use Uphaar cinema

The owners of Uphaar Cinema on Wednesday moved the Delhi High Court seeking permission for "productive use" of the hall which has sealed following a fire tragedy in which 59 cinegoers were killed 11 years ago.
Theatre owners Sushil and Gopal Ansal, sentenced to two years jail term by the trial court for causing death due to a negligent act, said in their application filed in the High Court said the property should be handed over to them as the trial in the fire tragedy case was over.
The Ansal brothers said the hall has not been used for several years and they want to put the cinema hall to "productive use."
"We have been deprived of running our business by putting the property to any productive use," the Ansals contended and said the revenue collected from the hall would contribute to the government exchequer.
The Court of Justice H R Malhotra would hear the petition on Thursday.
At least 59 people died due to asphyxia following a fire caused by sparking in a transformer, installed in the basement, on June 13, 1999.
In December last year, the trial court had sentenced five persons including Ansals to two year jail term for the negligent act. The court also sentenced seven others to seven years jail for committing the offence of culpable homicide not amounting to murder.
All 12 convicts have filed their appeal before the High Court which is pending for final argument.
Press Trust Of India
New Delhi, April 02, 2008
First Published: 20:18 IST(2/4/2008)
Last Updated: 20:26 IST(2/4/2008)
THE HINDUSTAN TIMES

HC issues notice to Mayawati on Centre's tax evasion plea

New Delhi (PTI): The Delhi High Court on wednesday sought a response from UP Chief Minister Mayawati on a petition filed by the Centre challenging the Income Tax Appellate Tribunal's decision giving her a clean chit in a disproportionate assets case.
Alleging that she had tried to evade payment of tax by showing "sham transactions" in the assessment year 2003-04, the Centre today sought setting aside of the Tribunal's order.
A Bench comprising Justices Madan B Lokur and V B Gupta directed the BSP supremo to file her reply by September 19, when the matter would be taken up for further hearing.
"Assessing officer had clearly shown that purchases as well as gift transactions were sham transactions which had been performed only with the intent to evade payment of tax," the Centre said in its petition.
The Tribunal on November 30 last had held that gifts amounting to Rs 65 lakh were given to Mayawati by her supporters out of love and affection and they were not taxable income.
The Centre, however, submitted that the Tribunal erred by accepting her contention on the source of her income. The cash and property presented to the BSP leader should be taken as part of her annual taxable income.
"The Tribunal wrongly came to the conclusion...the fact that gifts were given out of natural love of donors was unquestioned," the Centre said in its petition.
THE HINDU; Wednesday, April 2, 2008

HC disposes of petition seeking stay of Tikait's arrest

Allahabad (PTI): A petition by BKU leader Mahendra Singh Tikait seeking stay of his arrest was disposed of on Wednesday by the Allahabad High Court after government counsel submitted that he has already surrendered to authorities.
Government counsel Veer Singh placed before the court a fax copy of Tikait's surrender. Singh contended that the petition was infructuous as the BKU leader has already surrendered.
A division bench comprising Justices Vinod Prasad and A K Singh said the petition was being disposed of in view of the government submission.
The 73-year-old farmers' leader, accused of making casteist remarks against Uttar Pradesh Chief Minister Mayawati, surrendered before a court in Bijnore today.
The bench said if Tikait moves the concerned court for bail, the matter may be decided on the very same day, if possible.
THE HINDU; Wednesday, April 2, 2008

Woman to get statutory dues after 27 yrs of legal battle

KOLKATA, April 1: After 27 years of making the rounds of the courtroom, a woman whose services were terminated has received justice from the Calcutta High Court.The Division Bench of Mr SS Nijjar, Chief Justice and Mr Justice Subhra Kamal Mukherjee of Calcutta High Court held that all salary, allowance service benefits were to be paid from the state exchequer to Ms Jamuna Rani Palai, a matron of Frasergunj Krishna Prasad Adarsha Vidya Vidyapith. The judgement marked the end of her travails which started way back from 29 July, 1980, the date of her termination order. Appointed in April, 1970 which was approved of three months later, the service of Ms Palai was terminated without serving charge sheet and without complying with the statutory provisions, it was held. Though the termination was affected within three months from the date of show cause, no resolution was adopted by the managing committee which was never able to produce the resolution and relevant records before the trial court or the appeal court, the Division Bench pointed out. Neither the state government nor the Board of Secondary Education fielded any reply. Such reply was not found to be given despite the court's direction in these proceedings, it was observed.All these proceedings were completely fabricated, baseless and without any material foundation, the Division Bench observed. The managing committee affirmed an affidavit before the appeal court that the resolution and relevant records are not traceable in the custody of the school, the judgement pointed out.In the process, the managing committee harassed Ms Palai for 27 years, it was observed. She was deprived completely of the enjoyment of her right which was guaranteed under Article 21 of the Constitution, it was further observed by the Division Bench, upholding an earlier judgement of Mr Justice Pratap Kumar Ray of this court ordering her reinstatement. Appearing for the petitioner Mr Mantu Behari Maiti submitted that without show cause and charge sheet, the service of the petitioner was terminated.Statesman News Service

No probe against Amitabh, rules SC

The Supreme Court on Monday dismissed Uttar Pradesh government's petition seeking criminal investigation against Amitabh Bachchan in the Barabanki land deal case in UP.
The bench headed by Chief Justice KG Balakrishnan refused to entertain the petition challenging the Allahabad High Court's order restraining it from initiating any criminal, civil or revenue proceedings against Bachchan. It said that no case of forgery was made out against Bachchan, especially, since he had relinquished his rights over the land in Barabanki.
The court even turned down the plea of senior advocate, KK Venugopal, representing the UP government, to clarify that the Allahabad High Court order did not prohibit the state police to investigate the case of forgery in the land deal.
When Venugopal pressed his claim repeatedly, the court asked him to give an undertaking that the government will not initiate any criminal proceedings against Bachchan. Venugopal refused to give the statement and added: "Do you want us to say that even if a person is an abettor, is guilty of forgery, we should give up the case against him?"
The High Court had on December 11, 2007 given a clean chit to the actor, observing that there was no finding that the actor "himself committed any fraud or manipulated any surreptitious entry in the revenue records." It also prohibited the state from initiating any civil or criminal proceedings.
Criticising the order, Venugopal argued there was a case of manipulation in revenue records. "He and some government officials manipulated the records to show that Bachchan owned agricultural land in UP. Taking benefit of this Bachchan purchased land in Maharashtra. His role has to be probed alongwith the government officials who colluded with him to commit the alleged crime," the counsel added.
Bhadra Sinha, Hindustan Times
New Delhi, April 01, 2008
First Published: 02:01 IST(1/4/2008)
Last Updated: 03:12 IST(1/4/2008)

SC seeks Tamil Nadu's response on abolition of CET

NEW DELHI: The Supreme Court has sought a response from the Tamil Nadu Government on a petition seeking revival of the Common Entrance Test (CET), abolished last year, for admissions to professional courses in the state for academic session 2008-09. A Bench headed by Chief Justice K G Balakrishnan issued a notice to the state government on a petition challenging the Madras High Court verdict upholding the Tamil Nadu law abolishing the CET. The High Court while doing away with the Test paved the way for a new method of admissions based on marks secured in class XII examinations. The High Court on April 27 last year had upheld the 'Tamil Nadu Admissions in Professional Educational Institutions Act 2006', which abolished the CET, by dismissing a petition against it. The High Court had observed that the impugned law was to prevent harassment of students in securing admissions to professional colleges.
THE ECONOMIC TIMES; 1 Apr, 2008, 1835 hrs IST, PTI

Don't rush to court over matters related to governance: SC

NEW DELHI: Citizens unhappy with the performance of an elected government should vote it out of power rather than rushing to a court which "is not a remedy for all evils," the Supreme Court said on Tuesday. "This is democracy where elections are held. You vote for a better government if you are not satisfied with the governance," a Bench of Justices H K Sema and Markandeya Katju, observed while dealing with a PIL seeking adequate road safety measures in the country. The apex court sought to dispel the "illusion" that courts are the panacea for overcoming all the evils plaguing the country. "There is a wrong illusion. Many evils cannot be cured by courts. Court is not a remedy for all evils. People will laugh at us," the bench observed. Maintaining that judges should know their limits, the bench said the court cannot legislate and take over the functions of the legislature. "Courts can only make recommendations but cannot make any binding law," Justice Katju speaking for the bench observed. The apex court observed after counsel Prashant Bhushan appearing for an NGO Common Cause sought directions from the court to the Union and States for putting in order fool-proof traffic safety measures across the country to prevent the growing number of motor vehicle accidents in the country. It was submitted that thousands of people in the country are every year either losing their lives or getting injured in accidents
THE TIMES OF INDIA; 1 Apr 2008, 2000 hrs IST , PTI

SC: Only GP Birla allowed to challenge Priyamvada’s will

G. P. Birla’s right to challenge the will stemmed from his being the executor of an earlier will that Priyamvada Birla had written in 1982
The Supreme Court on Monday said that no other member of the extended Birla family except Ganga Prasad Birla could challenge Priyamvada Birla’s will of 1999 that its executor Rajendra Singh Lodha had produced in the Calcutta high court after her death in July 2004.
Three other members of the Birla family—K.K. Birla, B.K. Birla and Yashovardhan Birla—had also challenged the will, but justice S. B. Sinha and justice Harjit Singh Bedi said they could not oppose the probate proceedings pending at the Calcutta high court. K.K.Birla is chairman of HT Media Ltd, which publishes Mint.
Rajendra Singh Lodha
Probate is simply the technical term given to the legal process of settling an estate which ends with the distribution of all of the individual’s property in accordance with the will.
The court ruled G. P. Birla’s right to challenge the will stemmed from his being the executor of an earlier will that Priyamvada Birla had written in 1982.
The 1999 will had also been challenged by Priyamvada Birla’s sisters-in-law , Radha Devi Mohota and Laxmi Devi Newar. Lodha did not dispute their interest in the estate.
The apex court’s order effectively means the process of validating the 1999 will could finally start after almost four years of litigation.
Commenting on the judgement, Lodha’s lawyer Debanjan Mandal said: “We are very happy. This judgement vindicates our contention that the challenge of the Birla family is untenable. Our contention was upheld twice before by the Calcutta high court (and) now conclusively by the Supreme Court.”
Admiting that the dismissal of petitions was a “loss of face”, the Birla family’s lawyer N. G. Khaitan said: “It is a victory at the same time because the court has ruled that the 1999 will should be heard first.
Unless Mr Lodha manages to establish it (as authentic), the case would be decided. The real battle will now begin.”
livemint.com; Malathi Nayak and Santanu Chakraborty

I am not the main conspirator: Parekh

NDTV caught up with Ketan Parekh soon after the Bombay High Court sentenced him to one-year rigorous imprisonment. He denied being the main conspirator in the scam and will file an appeal in the Supreme Court. Here is what he said exclusively to NDTV:
NDTV: NDTV is the first to get Ketan Parekh on the line and talk to him. He has never spoken to the media before. Mr Parekh, the judgement today was in unanimity when it comes to Canara Bank officials. So, what is your defence. Even you got one year imprison. How can you say that you are not the main conspirator?
Ketan: What I have to say here is that there were total three transactions in the case. We were involved in only one leg of the case. We received money from Canbank Mutual Fund and we delivered the shares. The shares were duly transferred to mutual fund’s name. The only thing that was ultimately with us was Rs 5 lakh of brokerage in the whole transaction. What has happened is that other brokers may have transacted in which we have no role to play. Because ultimately, we received the money and delivered the shares. That’s all.
NDTV: But Mr Parekh, looking at the way the case has been handled as far as the verdict is concerned, why do you think your punishment is in line with other Canara Bank officials. If what you are saying is true, then there should be some distinguishing factor in the judgement that was handed out?
Ketan: No, we have not received a copy of the judgement. So, definitely I can’t comment on that and I think that the honourable judge in his wisdom has taken this decision. Once we get the copy, then we will surely file an appeal in the Supreme Court.
NDTV: But the clarification that you gave earlier that the five lakh shares stored in your name, you delivered the shares, the money has been delivered as well, are you saying that the other conspirators have not done the same, and the fact that you have not done the same and so you don’t deserve the judgement?
Ketan: No, I would not like to comment on what others have done. What I say is that what we have done in this transaction, I mean the other channels are projecting me as the main conspirator. We had done only one transaction, and in one transaction we have received money from the mutual fund and we have duly delivered the shares. The shares were duly registered in the name of the mutual fund. Beyond that, our role was not there in any manner in the transaction. That’s what I want to comment.
Shivnath Thukral
Tuesday, April 01, 2008 (New Delhi)
NDTV.com

Illegal shrines flourish despite HC order

Three temples have come up on the footpath of Dr Ambedkar Road in Khar
MUMBAI: Within two years of the Bombay High Court order calling for demolition of illegal shrines obstructing roads and footpaths in the city, three temples have already come up on the footpath of Dr Ambedkar Road in Khar (W).
Locals in the vicinity say that despite court orders to demolish such shrines in the past, a cosmetic demolition of the temples was done. However, they continued to remain as a permanent fixture. “Debris was dumped on top of the shrines to show the BMC that they were razed as they were pre-warned by the authorities,” said Mary D’Souza, a resident of the area.
Vijay Balamwar, assistant municipal commissioner, A ward, was also informed about an illegal Hanuman temple near Azad Maidan.
Based on a complaint filed by the Janhit Manch, which alleged that more than 600 shrines had come up in violation of rules at various places across the city, civic body had undertaken a massive drive in 2006.
“Around 1,300 illegal shrines were pulled down then. We have made a review petition which is still pending. On surveying some of the roads, we found that some temples have resurfaced in the city. We will take up the matter again,” said Bhagwanji Rayani from Janhit Manch, who’s PIL had elicited a response from the court.
Of late, another new illegal shrine, under the name of a samaj mandir for the Dalit community is also being constructed on a site reserved for a playground under the Development Plan at Shirley Rajan Road in Khar (W). Three municipal taps were removed to make way for the structure. Around 300 residents from Rajan residents association carried out a signature campaign for razing the structure.
A dalit woman said, “This mandir will be used by our community to solemnise marriages so that we don’t have to go too far.”
“Children will be restricted to playing only football and cricket if this structure comes up. One of the slum residents also threatened a woman from the association. We have logded a police complaint in this regard,” said a resident on condition of anonymity.
While the locals chose to call it a samaj mandir being constructed from the MPLAD funds, local corporator Kavita Rodricks, denied it saying that the community had collected money on their own to build the structure and a balwadi was to be constructed instead.
While Rodricks insisted that an NOC was given by the BMC for the structure, assistant engineer from H (W) ward denied having given any such approval for the construction.
Linah Baliga
Tuesday, April 01, 2008 03:03 IST
dna.com

HC declines women organisation's plea on Gaddar

Chennai, March 31: The Madras High Court today declined to stay a single judge's order denying permission to a women's organisation to hold a function in connection with Women's Day in which Gaddar, a pro-naxalite folk singer from Andhra Pradesh, was to participate.
When the appeal filed by Padma, general secretary of Puratchigara Pengal Viduthali Maiyyam (Revolutionary Women's Organisation) came up for hearing, the First Division comprising Chief Justice A P Shah and Justice Prabha Sridevan posted the matter for final hearing in the last week of April.
On March 28 last, Justice K Mohan Ram had declined permission to the body to hold the public function slated to be held in a city auditorium today.
Contending that the impugned order violated 19(1)(a) of the Constitution, the appellant alleged that it was contrary to law, weight of evidence and probabilities of the case - Agencies
chennaionline.com; Published: Tuesday, April 01, 2008

HC upholds compulsory retirement of magistrate

Chennai, March 31: The Madras High Court today upheld a July last order of the court's Registrar General compulsorily retiring a judicial officer charged with corruption.
Dismissing a petition filed by B Kulamani, a District Munsif-cum-Judicial Magistrate, who was compulsorily retired on attaining the age of 50 years by a July 13, 2007 order from the Registrar General, a Division Bench comprising Justice S J Mukhopadhaya and Justice F M Ibrahim Kallifulla said 'we are convinced that the decision taken by the Registrar General is purely in public interest and based on relevant considerations'.
The Judges held that the personal records of the officer disclosed that the petitioner was not able to meet the stature expected of him as had been outlined by the Supreme Court.
'We hold that such a decision taken by the Registrar General is perfectly justified and does not call for any interference', the Bench said adding that it was well settled that a decision of compulsorily retirement was purely an administrative one and so long as it was based on relevant materials and judicious considerations there was very little scope for interference.
While serving as a District Munsiff-cum-Judicial Magistrate, Kulamani was suspended by a June 6, 2005 order based on a complaint from members of the bar. Subsequently by the impugned order he was compulsorily retired.
As many as 22 complaints relating to corruption charges were made against the officer between 2000 and 2004. While for the period between 2003 and 2005 there were 13 corruption charges against him. - Agencies chennaionline.com; Published: Tuesday, April 01, 2008

HC: Ensure paroles not unnecessarily turned down

Chandigarh, March 31 Expressing regret and strong disapproval on the ‘strange’ grounds being taken by the Hisar Jail officials and police authorities while denying paroles to convicts, the Punjab and Haryana High Court today directed the authorities to ensure that paroles are not unnecessarily turned down and that such cases are not brought to the court.
The directions were passed by the High Court when a murder convict Dharamvir, presently lodged in Hisar Jail, approached the court challenging the denial of his parole.
A case on charges of murder was registered against Dharamvir in 1994. Since 2000, Dharamvir is lodged in Central Jail in Hisar. Dharamvir, who had previously also been released on parole many times, had sought ‘agricultural parole’ from the jail authorities seeking permission to take care of the harvest.
However, the parole was turned down after it was submitted in the report by an officer that releasing of Dharamvir on parole would not be in public interest. Arguing on behalf of Dharamvir, the counsel submitted that the ground taken by the jail authorities was frivolous as he had earlier also been released on parole.
The authorities further opined that Dharamvir’s release was not required as his son was present to take care of the harvest.
Taking strong note, the High Court reprimanded the jail authorities and also slapped a penalty of Rs 5,000 on two officials, including the jail superintendent.
The High Court has also directed the authorities to formulate a policy to ensure that paroles in such deserving cases should not be turned down.
Express news servicePosted online: Tuesday , April 01, 2008 at 01:26:23Updated: Tuesday , April 01, 2008 at 01:26:23

HC: Year-long separation must before divorce

MUMBAI: The Mumbai High Court has upheld the compulsory pre-condition of a year-long separation between a husband and his wife before they could jointly file for divorce. The judgment of a bench of Chief Justice Swatanter Kumar and Justice J P Devadhar came on a first-ever challenge to the constitutional validity of the provision under Section 13B of the Hindu Marriage Act. The section imposes a year's mandatory separation before a couple, who have registered their wedding under the Hindu Marriage Act, can seek a divorce by mutual consent on grounds of an irretrievable breakdown of marriage. A young couple in their mid-20s had decided to call it quits after being married for four months and filed for divorce at the end of six months. The family court rejected their petition saying they hadn't lived separately for a year as required under the law. They found this imposition "arbitrary" and in violation of their right to move on immediately. The high court said married couples should not decide to split "in a hurried manner by impulsive decisions". "Objectivity and rationality should be the foundation of such vital decisions. Most differences can be amicably resolved," the court said.
THE TIMES OF INDIA; 1 Apr 2008, 0243 hrs IST , Swati Deshpande , TNN

Delhi HC asks Registrar of Societies to furnish details of society working with leprosy patients

Delhi High Court has summoned the registered societies to appear in person and explain why the Hind Kusth Nivaran Sangh (HKNS), working for the leprosy patients has held only one meeting in the last 14 years.A bench headed by Justice T S Thakur and Siddharth Mridul directed the registrar to appear in person on April 23. The petitioner Shiv Shankar Tiwari, secratary of the Kusth Asha Deep Federation had approached the Delhi High Court saying that the HKNS society which was doing a commendable job since British rule is now deteriorating. Mr Brahm Dutt, lawyer for the petitioner told the court that HKNS is denying new memberships, affiliations due to which the work of the society is suffering tremendously.Mr Dutt argued that no audit report or any kind of report is being submitted to the registrar of societies and no election has been held for the last 14 years and the registrar has not taken any action in this regard.The registrar of societies was sent notice earlier but did not respond, however a fax was sent to the petitioner stating that they do not interfere in the internal matters of the society.HKNS had taken over the assets and management of the British Empire Leprosy Relief Association, Indian council and was registerd in India at the registrar of societies in the year 1949.The HKNS is predominantly controlled by the government authorities with the President of India as its the president, the health minister, the Chairman and the additional secretary of health ministry as the treasurer of the society.Five governors of states are the members of the society. The society has state branches as well as many other societies working for eradication and cure of leprosy. The society held its first meeting in 2005 after a gap of about eleven years under the chairmanship of former president A P J Abdul Kalam.Dr Kalam had assured that the meetings will be held regularly but the chairman of HKNS and health minister Ambumani Ramdoss has not yet announced any meeting.The petitioner said that leprosy being a fully curable disease, is on the verge of being eradicated from the country but the malfunctioning of the society is resulting in an increase in the number of patients. UNIindlawnews.com; Monday, March 31, 2008

Public push for textile mills

Cuttack, March 31: The process of liquidation of Choudwar’s Orissa Textile Mills (OTM) is proving to be Orissa High Court’s toughest task.
But all that may change if a proposal-petition has its way in a company affairs’ bench hearing on April 8.
The PIL states that if the government comes forth to revive the sick mill, funds to the tune of Rs 50 crore would be mopped up in the form of “share capital” from former employees and public to support the project.
Again, if the government expresses disinclination for the project’s revival, then a consortium of OTM employees, Choudwar residents and interested private firms could form a “special project vehicle” to convert the factory complex into an integrated textile park within a year investing Rs 100 crore.
The intervening petition was filed by one Chandra Mishra, the president of Orissa Bekari Birodhi Abhijan, soon after the government filed a “recall petition” seeking closure of auction for which permission was granted by the high court on February 29.
Taking note of the recall petition filed on March 28, the company affairs’ bench posted a hearing for April 8.
The petition suggests using 87 acres of factory complex for revival of OTM and selling the rest to repay the employees’ arrears.
OTM was referred to the high court in 2002.
Auction of the assets, including 522 acres of prime land, is still under a liquidation process.
All along the court had made it clear that “an intending purchaser” who intends to run a factory and employ local people would be given preference.
Meanwhile, Koustuv Metals Private Limited had emerged as the frontrunner in the final bidding last month with an offer of Rs 43 crore. But, the government last week unveiled a fresh offer of Rs 50 crore. The government, through a petition, sought to recall the closure order of auction issued by the court on February 29.
“As soon as the sale consideration is deposited with the official liquidator, he shall inform the court, after which the case shall be listed for sale confirmation,” conceded company judge on February 29.
OUR CORRESPONDENT ; THE TELEGRAPH

PIL filed against sale of THPI property

RAJAHMUNDRY: Rashtriya Praja Congress (RPC) founder-president Meda Srinivas today said he filed a Public Interest Litigation (PIL) in the High Court against the sale of property of Thakur Hari Prasad Institute (THPI) in Rajahmundry. Speaking to reporters at the Press Club, he said as a social activist he filed the PIL naming eight persons, including Rajahmundry MP Vundavalli Arun Kumar, former Endowments minister M Satyanarayana Rao, district collector, officials of the Registration and Stamps and Revenue departments, management of THPI and managing partners of Satya Godavari Foundation, who purchased the property as respondents.Srinivas said he would submit memoranda to the floor leaders of all political parties in the Assembly urging them to take measures to safeguard the interests of 160 deaf and dumb students, who were displaced with the sale of institute property.He invited the local MP for an open discussion on irregularities committed in the sale of THPI property.Express News Service Tuesday April 1 2008 12:01 IST

‘Acute need for sensitising judiciary, law enforcing agencies about SC/ST Act’

Ahmedabad, March 31 From the recent custodial death in Surendranagar to a murder in Bhavnagar, as many as 12 cases of atrocities against Dalits came up for a public hearing organised by Navsarjan Trust at the Town Hall here on Monday.
While the victims narrated their harrowing experiences with the police and judiciary during their quest for justice, the jury comprising representatives from civil society organisations, judiciary and the police felt there is an acute need for sensitising both the judiciary and the law enforcing agencies on the various aspects of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act.
The jury, which comprised of eminent Dalit activist Martin Macwan, Director Dalit Shakti Kendra, Ami Yagnik member National Women's Commission Ambalal Chauhan, former IPS officer, noted social worker Praksh Shah, Manjula Pradeep, Convener Dalit Women's Working Group-IDSN and Director Navsarjan Trust, felt that apart from the police, lawyers also need to be trained on the act.
The act should also be specially taught as a part of the curriculum in law colleges, the jury felt.
It further recommended that the cases of atrocities involving the police or having political angle should not be handled by a police official, but be looked into through a magisterial enquiry.
They added that such cases should not be filed in the police stations but be registered as private complaint. The hearing decided to document some of these cases and send them to the UN Special Rapportiers on racism and extrajudicial deaths.
Express news servicePosted online: Tuesday , April 01, 2008 at 01:26:11Updated: Tuesday , April 01, 2008 at 01:26:11

Judiciary Paralyzed as Lawyers go on 3-day Strike

Over 80,000 lawyers in Bihar under more than 120 different union banners on Monday went on a 3-day strike to protest against the increase in court fee bringing the entire legal system in the state to its knees.In the event the hike in the fee is not rescinded to its old rates, the strike would continue beyond April 2, said union leader Yogesh Chandra Verma."It is now up to the Chief Minister to restore legal normalcy in Bihar," Verma said adding the lawyers were open to a meeting with the Deputy Chief Minister Sushil Kumar Modi who also holds the finance portfolio in the state.Bihar Industry Minister Gautam Singh, meanwhile, ruled out withdrawal of the new court fee saying the new rates were in compliance with the Sethi Commission and was not expected to affect most advocates."The state is spending more than Rs. 191 crore on the judiciary each year and the hike in fees would bring in only about Rs. 20 crore annually. We do not believe the rates are so high that warrant any strike from the legal community," the Minister said.
patnadaily.com; Patna: March 31, 2008

Supreme Court disapproves of arming Salwa Judum

New Delhi: The Supreme Court on Monday expressed its disapproval of the constitution of the ‘Salwa Judum’ (self-defence groups) by the Chhattisgarh government and giving them arms to tackle the naxal menace.
Chief Justice K.G. Balakrishnan, heading a two-Judge Bench, asked Additional Solicitor General Gopal Subramaniam: “How can the State give arms to some persons? The State will be abetting in a crime if these private persons kill others.”
The Bench that included Justice Aftab Alam was hearing a petition filed by Nandini Sundar, Ramachandra Guha and E.A.S. Sarma challenging the setting up of Salwa Judum. The petitioners alleged that in the guise of countering the naxal movement, the ‘Salwa Judum’ was indulging in killings and committing atrocities against tribals.
Appearing for the petitioners, senior counsel Ashok Desai along with T.R. Andhyarujina submitted that about 47,000 people were kept in camps in villages against their wishes. Mr. Desai submitted that these self-defence groups had killed many innocent people.
He said the National Commission for the Protection of Children Rights had visited the camps and submitted a report. The Administrative Reforms Commission, headed by Veerappa Moily, had recommended the disbanding of Salwa Judum. He wanted the court to set up a committee to visit the camps .
J. Venkatesan
THE HINDU; Tuesday, Apr 01, 2008

Mangalore: Porn films in private no crime - HC

Bangalore, April 1: The High Court on Monday held that privately watching obscene films does not constitute an offence under the Indian Penal Code, and quashed the criminal proceedings that had been launched against three college students.
Peenya police had caught Deepankar Chowdari, Subjit Roy and Preetan Das of Acharya Polytechnic and Engineering College, Bangalore on November 30, 2005 when they were watching obscene films on their personal computer, at their rented room in MEI Layout.
The 7th Additional Metropolitan Magistrate had taken cognisance of the case and initiated criminal proceeding. The students had challenged the action.
Allowing the petition, Justice K Bhaktavatsalaobserved that it is not the prosecution’s case that petitioners possessed ompact discs with obscene content for the purpose of sale, distribution or circulation.
DHNS
manglorean.com

SC dismisses Birlas' plea, imposes Rs 10 lakh cost

New Delhi: The Birla family's bid to protect the Rs 5,000-crore estate of late Priyamvada Birla suffered a setback today with the Supreme Court dismissing three petitions that challenged the Calcutta High Court order which denied them the right to object to her purported 1999 will.
It also dismissed another petition filed by Birlas challenging R.S. Lodha's right to object to M.P. Birla and his wife Priyamvada's 1982 will, through which the couple left their property for charity.
However, through a purportedly revised 1999 will after her husband's death, Priyamvada had bequeathed her Rs 5,000-crore estate to Lodha.

A bench, headed by Justice S.B. Sinha, while dismissing the petitions, has imposed cost of Rs 10 lakh (Rs 2.5 lakh each) on the petitions filed by the three Birla family members – K.K. Birla, B.K. Birla and Yashovardhan Birla. It also directed the Birlas to deposit the money with the West Bengal Legal Services Cell within four weeks.
However, the bench while dismissing Lodha's petition upheld the caveatable interest of another Birla family member, G.P. Birla, executor of the purported July 13, 1982 will of M.P. Birla and his wife Priyamvada. Earlier, the High Court had held that G.P. Birla only had the right to challenge the purported 1999 will as a 'sham and invalid document'.
The apex court also allowed Lodha's plea challenging the appointment of Yashovardhan Birla as executor of the will.
Justice Sinha while reading the operative portion of the judgement also directed the High Court to decide the probate pleas expeditiously and hear the Priyamvada 1999 will first, followed by the 1982 will of M.P. Birla.
Challenging the High Court's decision, K.K. Birla B.K. Birla and Yashovardhan Birla submitted that it was not merely the power of the trustees but also their duty to see that the Rs 5,000-crore Priyamvada Birla estate was not being appropriated and was given to three public charities as designated under the mutual wills executed by M.P. Birla and Priyamvada in 1982.
As trustees and potential beneficiaries under the mutual wills of 1982, they were duty bound to contest the will of 1999 and oppose the grant of probate so that they were not being accused of breach of trust, they argued.
Lodha, on the other hand , said under the 1982 will, M.P. Birla's widow Priyamvada Birla had got the absolute rights in the property, and she had bequeathed the entire estate to Lodha after her death in July 2004 through a will of 1999.
"The three Birla members are opposing the probate because they have got nothing and want to claim interest by contesting the 1999 will," he said in its petition.
Their interests can be carried on by other Birla family member and the executor of the purported July 13, 1982 will – G.P. Birla - and others executors who have been given the right by the High Court to challenge the purported 1999 Will," Lodha added.
According to the petitions, the three Birla family members in their capacities as relatives of the deceased, had interests coupled with duty to ensure that the wishes of M.P. Birla (being a Hindu) to attain spiritual well being and atonement of his sins, if any, by bequeathing his property to charity after his demise or his wife's demise were fulfilled.
They further added that a Hindu by religion considered charity an essential part of religion, whereby he or she attains spiritual benefit.
sify.com; Monday, 31 March , 2008, 18:15Last Updated: Monday, 31 March , 2008, 19:03

SC questions Chattisgarh over people's anti-naxal movement

New Delhi (PTI): "You cannot give arms to somebody and allow him to kill," the Supreme Court said on Monday while taking a serious note of a petition alleging that the Chattisgarh government was allegedly arming civilians involved in "Salwa Judum" movement to fight naxals.
"It is a question of law and order. You (state government) cannot give arms to somebody (a civilian) and allow him to kill. You will be an abettor of the offence under section 302 of the Indian Penal Code," a Bench comprising Chief Justice K G Balakrishnan and Justice Aftab Alam said.
The Bench said a neutral agency should inquire and assess whether people had joined Judum camps on their own.
The Court's remarks came during the hearing of two petitions seeking a direction to the state government to refrain from allegedly supporting and encouraging the "Salwa Judum," a people's movement to counter naxalism.
The state government had earlier denied that Judum was a state-sponsored movement and said that action shall be taken if any Judum activist transgresses the confines of the law.
The PILs also alleged that the condition in Judum camps was bad and people involved in the movement should be allowed to go back to the forests in view of the upcoming sowing season.
During the hearing, Additional Solicitor General Gopal Subramanium said he met officials of the Intelligence Bureau officials and concerned ministry on the issue. He said the government has asked the Director, National Institute of Criminology, to probe the ground situation in these camps.
He said if the report does not satisfy the court, the Centre would be open to further suggestions.
THE HINDU; Monday, March 31, 2008

Contempt issue: SC gives four more weeks to Karunanidhi to reply

New Delhi (PTI): The Supreme Court on Monday granted four more weeks to Tamil Nadu Chief Minister M Karunanidhi, Union Transport Minister T R Balu and others to file their replies on a contempt petition on their alleged move to go ahead with a bandh on Sethusamudram controversy last year.
A Bench of Justices B N Aggarwal and G S Singhvi gave the petitioner, AIADMK, three weeks to file its rejoinder once the replies were filed by Karunanidhi and others.
The apex court extended the time after the Tamil Nadu Government counsel sought more time to file the replies.
On October 29, the apex court had issued notices to TN chief minister and others and exempted them from personal appearance in the matter.
The Bench had issued the notices after the counsel for opposition AIADMK furnished in Court photographs and various news clippings to prove that the ruling party had actively sponsored the bandh despite the apex Court's order prohibiting it.
The counsel also told the court that the Union Transport Minister had allegedly made several inflammatory and contemptuous remarks against the apex Court for prohibiting the bandh.
The apex court had sought filing of the contempt petition following a complaint from the AIADMK that its order on September 30, restraining the ruling party and its constituents from going ahead with the bandh call was ignored.
THE HINDU; Monday, March 31, 2008

SC relief to Mayawati family in income tax matters

NEW DELHI: UP Chief Minister Mayawati's family on Monday got a major relief in an income tax matter with the Supreme Court staying a provision in law that allows the revenue authority to begin assessment of tax liability in a case which could not be decided in the Settlement Commission within the stipulated one-year period. "There shall be an interim stay of the provision for abatement of the proceedings relating to the petitioner pending before the Settlement Commission," a Bench comprising Justices R V Raveendran and Dalveer Bhandari said. The Bench stayed section 245 (H) of the Income Tax Act which allowed the Assessing Officer to proceed with the matter if the proceedings before the Settlement Commission did not conclude within a year of making an application before it. The Bench also issued notices to the Centre, Income Tax Department and the Income Tax Settlement Commission on the petition by Dayal challenging the constitutional validity of the provisions in the Act allowing proceedings by the assessing officer if the Commission did not pass orders within the stipulated period. It said the pendency of the petition filed by Chief Minister's father Prabhu Dayal "will not come in the way of the Income Tax Settlement Commission in disposing of the matter before it in accordance with law". Dayal's application for proceeding before the Settlement Commission under section 245-C of Act in which he had disclosed the tax liability since 2002 was pending and the issue could not be settled within the stipulated period of one year which ended on March 31. Dayal's counsel Harish Salve along with Shail Kumar Dwivedi had contended that since the proceedings before the Settlement Commission has not concluded there was apprehension that the assessing officer could proceed against him on the basis of documents placed under section 245-C.
THE TIMES OF INDIA;31 Mar 2008, 2050 hrs IST , PTI

Lodha scores over Birlas in SC

NEW DELHI: Rajendra Singh Lodha, who claims sole rights over MP Birla's assets through his wife Priyamvada's 1999 will, scored a decisive victory over the Birlas on Monday as the Supreme Court virtually shut out K K Birla, Basant K Birla and Yashovardhan Birla from having a say in the will probate proceedings. Probate is the process for transfer of legal title of the property from the deceased to his/her proper beneficiaries. The term "probate" is akin to "proving" the existence of a valid will, or determining and "proving" the actual legal heirs. After Priyamvada's death on July 3, 2004, Lodha had moved the court on July 19, 2004, seeking grant of probate of her 1999 will, declaring him as the sole successor of M P Birla's estate estimated at Rs 2,500 crore. This had kicked off a series of litigation between Lodha and the Birlas, with the latter moving the Calcutta High Court accusing Lodha of forging the will as well as seeking to have a say in the probate proceedings. The HC had dismissed their pleas, making KKB, BKB and YB move the apex court. Upholding the HC order, a Bench comprising Justices S B Sinha and H S Bedi in a 99-page judgment dismissed the Birlas' pleas and asked them to pay a cost of Rs 2.5 lakh to West Bengal Legal Services Authority within four weeks. With this, the probate proceedings initiated by Lodha will continue in the court where it was originally initiated without KKB, YB and BKB having any say in the matter. Though most of the Birlas have been ousted from having a say in the probate proceedings, which could lead to transfer of M P Birla's estate to Lodha if the latter proves the genuineness of Priyamvada's 1999 will, MPB's brother G P Birla would be the lone voice to raise objections as his participation in the probate proceedings has not been challenged. The petitions by the Birlas had challenged a December 21, 2006, order of the Calcutta HC disentitling them from participating in the probate proceedings. Both sides had lined up legal stalwarts to press their view on the controversy created by the bequeathing of MPB's entire assets to Lodha by Priyamvada through the 1999 will, which was allegedly drafted after scrapping the ‘mutual will' she and her husband prepared in 1982. Writing the judgment for the Bench, Justice Sinha said the HC had rightly held that GPB would have a say in the probate proceedings as he had been named as an executor in the 1982 will. "There is nothing to show that BKB or any other executor accepted the office of the executor during the lifetime of MPB or Priyamvada," he said. The Bench said the probate proceedings relating to the 1999 will would be taken up first by the HC followed by the 1982 will and if possible, judgments on both should be given simultaneously. The Birlas had the assistance of senior advocates Ram Jethmalani, Arun Jaitley and K K Venugopal while Lodha had engaged senior advocates Harish Salve, Mukul Rohtagi and R F Nariman to press his side of the story. Meanwhile, a sense of relief spread through the RS Lodha camp in Kolkata on Monday. The Supreme Court judgement has cleared the way for hearing to begin on an application by Lodha to probate a 1999 will by M P Birla's widow Priyamvada Devi Birla. ‘‘It is a landmark victory for us. Hearing of the probate application will begin very shortly,'' said Lodha's solicitor Debanjan Mondal.
THE TIMES OF INDIA;1 Apr 2008, 0041 hrs IST , TNN

Despite HC order, no sign of probe into UP foodgrain scam

NEW DELHI: More than three months after the Allahabad HC recommended a CBI probe into the massive foodgrain scam in Uttar Pradesh, the Centre seems undecided about the fate of the investigation. Responding to a petition, Justices H L Gokhale and Anjani Kumar of the Lucknow Bench of the HC had said on December 19 last year, "We expect the CBI to take necessary steps under its powers... we also note that under Section 173(8) of CrPC, any further investigation, if required, could also be done by the investigating agency." The Mayawati government's notification of December 1, 2007, significantly, asked the CBI to investigate the massive diversion of foodgrain from the mid-day meal and food-for-work programmes between March 2004 and October 2005 - the period when the Mulayam Singh Yadav regime was in power. The Centre, however, has not yet given CBI the signal required to register a case. A closer look at the UP foodgrain scam only unravels its "diabolic" method and the impunity with which its perpetrators have so far gone scot free. Taking note of the documents submitted by the Mayawati government, the judges observed that diversion of foodgrain meant for food-for-work and mid-day meal programmes had not been confined to the Sitapur and Lakhimpur Kheri districts but stretched to other areas as well. THE TIMES OF INDIA; 31 Mar 2008, 0120 hrs IST , Bhaskar Roy , TNN(bhaskar.roy@timesgroup.com)

State should reserve 3 pc vacancies for disabled: HC

Chennai, March 30 The Madras High Court observed that each department should be treated as an 'establishment,' and the state government was bound to reserve not less than three per cent of the vacancies is an establishment for the disabled in accordance with the Persons with Disablities (Equal Opportunities, Protection of Rights and Full Participation) Act.
The first Bench comprising Chief Justice A P Shah and Mr Justice F M Ibrahim Kalifulla directed the Tamil Nadu Public Service Commission (TNPSC) to fill 187 vacancies under the Commission's two notifications by appointing eligible physically-challenged candidates. The bench passed the order on two writ petitions filed by I Elangovan of Vellore questioning the validity of the notifications issued on November 15 and December 6, 2007, on the ground that the TNPSC had not followd the rule of three per cent reservation as provided under the Act.
The bench held that the provisions of Section 33 read with Section 2 (k) of the Act would prevail upon the Tamil Nadu State and Subordinate Services Rules and the respondents were duty-bound to provide reservation of not less than three per cent in every establishment. The bench also said that as per the charts filed by the Service Commission, 80 vancancies for the post of typist and eight vacancies for the post of steno-typist were liable to be reserved for persons with disablity under notification number 135. The bench observed that 99 vacancies should be filled by appointing persons with diablities under notification number 142. -Bureau Report chennaionline.com; Published: Monday, March 31, 2008

Patna HC lawyers go on 3-day strike

Patna (PTI): Over 8,000 lawyers of the Patna High Court launched a three-day strike from Monday to protest the recent steep hike in court fees introduced by the Bihar government, barely a month after they abstained from work for two days against the decision.
The decision to go on strike was taken at an extraordinary meeting of the coordination committee of the three associations of the advocates of the court on March 28, its convener Yogesh Chandra Verma said.
"We have been compelled to go on strike as the promise made by Deputy Chief Minister Sushil Kumar Modi on March 17 that the anti-people provisions of the Bihar Court Fees Amendment Act, 2007 would be withdrawn has not been honoured," Verma said.
Lawyers of the subordinate courts at Danapur, Patna City, Patna district collectorate, Kishanganj, Purnia, Barh and Masaurhi have gone on an indefinite strike against the move.
Over 3,000 lawyers of the Patna civil court are already on an indefinite strike since March 14.
Earlier, the lawyers of the High Court had abstained from work on February 28 and 29 to protest the measure.
Rajendra Singh, former chairman of the Bihar State Bar Council and president of HC lawyers association described the hike as "Black Law" and said the coordination commitee would meet again on April two to decide the future course of action if the measure was not not withdrawn by then.
THE HINDU; Monday, March 31, 2008

HC quashes contract to develop MHADA land on Mumbai outskirts

Merely because a person approached government authorities with a proposal, he/she can not be given preferential treatment in awarding the contract for the proposed project, the Bombay High Court has held.
The decision, in effect, makes it difficult for the government to adopt `Swiss challenge' method in awarding contracts.
In the present case, a Division Bench of Chief Justice Swatanter Kumar and Justice J P Deodhar recently set aside contract awarded to city-bases Ravi Developers in respect of development of 3.55 hectares of land in Mira Road, belonging to Maharashtra Housing and Area Development Authority (MHADA).
Under the Swiss challenge method, any person can approach the government with an innovative proposal. Government then calls for tenders. After the highest bid is identified, the originator of the proposal get a chance to match it. If he could match, he gets the contract, despite not being the original highest bidder.
In this case, Ravi Developers had approached the Chief Minister with proposal to develop the land owned by state-run MHADA. However, when tenders were called, one Ostwal Builders emerged as the highest bidder. As per the Swiss method, Ravi Builders were give opportunity to match Ostwal's bid. Ravi Builders accordingly raised their bid and bagged the contract.
Ostwal challenged this decision in the High Court. Government's defence was twofold: The method saves time and encourages public-private partnership in development, and it did not result in any loss to the government in present case.
But the court did not accept this argument. Firstly, the court said, development of government land was not "an innovative proposal".
Secondly, the judges said, "In the absense of innovative proposal, only reason to grant preferential treatment to the respondent (Ravi Builders) is respondent had approached the Chief Minister...Approaching the Chief Minister or any other authorities with a proposal to develop government lands can not be said to be an innovative proposal so as to grant preferential treatment to the person..."
"It would be opposed to the rule of law...It can not be said that persons approaching government authorities form a distinctive class," they further said.
The court also rejected government's claim that it had not suffered financial loss in the process. Ostwal Builders had offered to raise their bid further, the court pointed out, saying it would have been a better offer for the government.
Holding that whole process of awarding contract was "arbitrary, contrary to law, unreasonable and unfair," court directed that the contract be set aside.
Outlookindia.com; MUMBAI, MAR 30 (PTI)


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Bombay HC announces 1 yr rigorous imprisonment to Ketan Parekh

The Bombay High Court today announced one year rigorous imprisonment to Ketan Parekh the prime accused of 1992 multi-crore scam in Bombay Stock Exchange. The three other co-accused have been sentenced to 6 months of imprisonment. Parekh was convicted by the Bombay High Court of criminal conspiracy of siphoning off Rs 47 crore. Bangalore-based Canfina, a subsidiary of Canara Bank was the victim of this scam.
newsonair.com;Apr 1

Petition filed in Delhi HC to ban Ghai's 'Black and White'

MUMBAI: Dr Khalid Alvi from Delhi University's Zakir Hussain College has registered a petition with the Delhi High Court seeking to ban the screening of Subhash Ghai's Black and White.
The Urdu department head has stated in his petition that the movie portrays his community in a bad light and its screening should be stayed.
"The producer, director and the script writer have intentionally produced the film with an anti-Muslim angle. The film shows our community as harbouring terrorists," said Alvi to PTI.
The students and the staff of the college were stunned and shocked that the college was used with such a malafide and inimical intention of the filmmaker, hand in glove with the censor board, to malign their community as anti-national and unpatriotic, the petition said.
The Rs 75 million film, which was released on 7 March this year, has been produced and directed by Subhash Ghai. Apart from Delhi, the film has also gone tax free all over Maharashtra.
By Indiantelevision.com Team(31 March 2008 1:30 pm)

Patna HC lawyers on strike, Bihar govt. rules out roll back

Patna (PTI): The Bihar government on Monday rejected the lawyers' demand for roll back of the court fees even as over 8,000 advocates of Patna High Court launched a three-day strike paralysing the functioning of the court.
"We will stick to the decision of raising the court fees in keeping with the recommendations of the Shetty Commission," Bihar Minister for Industry Gautam Singh said replying to a call-attention notice of RJD MLA and senior advocate Shakeel Ahmed Khan in the state assembly.
Singh turned down Khan's plea to repeal the Bihar Court Fees Amendment Act, 2007 saying "It will in no way affect the poor as the people belonging to scheduled caste and scheduled tribe with an annual income upto Rs 25,000 are not required to pay the fees."
The hike, termed as 'steep' by the lawyers, was necessary in view of the increasing expenditures on judicial administration in the state.
The court fees were revised in 1935, 1977 and 1986, he said adding Rs 191 crore was estimated to be spent on the court administration per annum against the annual income of Rs 20 crore through court fees.
Opposing the minister's no, RJD MLAs shouted slogans and staged a walk out from the house.
Khan had said over 10,000 lawyers were demonstrating outside the state assembly seeking repeal of the 'anti-poor' provisions of the Act.
Earlier in the day, Patna High Court lawyers struck work for three days protesting the recent steep hike in court fees barely a month after they abstained from work for two days against the measure.
THE HINDU; Monday, March 31, 2008

SC: Labour courts cannot deal with disputes over bonuses

The Supreme Court has clarified in a batch of appeals by the Himachal Pradesh State Electricity Board that the labour courts cannot deal with disputes over bonus.

In this case, the labour court and the high court had ruled in favour of daily wage workers and declared that they were entitled to bonus. Remitting the cases to the high court, the Supreme Court stated that according to the Industrial Disputes Act, bonus is not a matter under the jurisdiction of the labour courts.

Kerala HC judgment set aside

The Supreme Court has set aside the judgment of the Kerala High Court in the appeal, Kerala Road Lines vs Commissioner of Income Tax in which the question was whether interest on delayed payment for a land deal was capital or revenue expenditure.

The transport company bought land from Peirce Leslie Ltd. There was an agreement to pay interest for delayed payment. The transport company claimed this amount as revenue expenditure under Section 37 of the Income Tax Act whereas the tax authorities treated it as capital expenditure.

The tribunal held in favour of the firm, but the high court reversed that finding holding that the transport company was not doing real estate business but doing business in transports. The Supreme Court reversed this ruling and stated that the payment of interest, as part of the contractual obligation, was business expenditure.

SC: Sildenafil Citrate is allopathic

The Supreme Court has held that Sildenafil Citrate (a Viagra-like drug) was an allopathic formulation and only companies holding a valid licence can manufacture and sell it.

It denied the claim that it was an Ayurvedic medicine and ruled that the selling this drug as one of the ingredients in an ayurvedic capsule, Ozomen, and not displaying its name among the capsule’s ingredients would also constitute an offence.

The drug inspector had started prosecution of the firm, Fizikem Laboratories Pvt Ltd, for selling the drug. The firm moved the Andhra Pradesh High Court, which held that the inspector had no power to deal with Ayurvedic medicines. The inspector appealed to the Supreme Court which reversed the high court order.

Reprieve given to Parakh Foods Ltd

The Supreme Court last week held that packets of soyabean oil containing pictures of vegetables which are, in no way, connected with soyabean oil, would not amount to ‘misbranding’ under the Prevention of Food Adulteration Act.

In this case, Parakh Foods Ltd. (now Cargill Foods India Limited) marketed packages of soyabean oil with pictures of vegetables. It was sought to be prosecuted. The Andhra Pradesh High Court quashed the prosecution but held that the company had misbranded the product as packages contained misleading pictures.

On appeal, the Supreme Court held that the vegetables shown on the label of soyabean oil did not in any way indicate that the quality of soyabean oil is ‘super-refined’ or ‘anti-cholesterol’ nor exaggerated the quality of the product. The pictures only indicated that the article of food can be used for cooking the vegetables.

Central excise appeal dismissed

The Supreme Court has dismissed the appeal of the commissioner of central excise against the order of the tribunal quashing the demand of duty against Scan Synthetics Ltd which produces textured yarn and captively consumes it in the manufacture of dyed yarn.

The firm was accused of undervaluing the yarn captively consumed. The court stated that the assessable value of the captively consumed grey yarn would be on the basis of the price at which it was sold to unrelated buyers in wholesale at the factory gate. The firm showed invoices showing the sale to independent buyers. Since the prices were the same, there was no undervaluation.

SC dismissed Gauhati HC judgment

The Supreme Court has set aside the judgment of the Gauhati High Court which had awarded damages under the Workmen Compensation Act to a driver who disappeared with the vehicle while on duty.

He was not heard of for more than seven years. The courts below assumed that he was dead according to Section 108 of the Evidence Act while giving the award.

Oriental Insurance Company, which was directed to pay the amount, challenged the ruling in the Supreme Court. It allowed the appeal stating that the presumption of death was wrong, as the charge sheet against the driver for running away with the vehicle was still pending.
LEGAL DIGEST, BS Reporter / New Delhi March 31, 2008
BUSINESS STANDARD; Tuesday, Apr 01, 2008

Former CJI underlines need to support TDSAT infrastructure

Panaji, March 29The Chief Justice of the Bombay High Court, Mr Swatanter Kumar, today underlined the need to strengthen Telecom Disputes Settlement and Appellate Tribunal (TDSAT) infrastructure for speedy redressal and effective settlement of disputes.
He was addressing a gathering after inaugurating a seminar on the theme “The way forward for TDSAT” at a city hotel, this morning.
Telecom service providers, representatives of cable service providers, broadcasters and representatives of consumer organizations participated in this seminar wherein issues relating to telecommunications, broadcasting, DTH and cable sectors were deliberated in length.
The former judge of Supreme Court and former chairperson of TDSAT, Mr N Santosh Hegde in his speech highlighted the need for such conferences in the era of rapidly changing technology. The chairperson of TDSAT, Mr Arun Kumar, while delivering his address stressed on the need for speedy settlement of disputes which are of repetitive nature at local level. Mr K Sridhara, member (Technology), Department of Telecommunications explained about the fast-moving technological requirements in the telecom sector.
Lt Gen (Retd.) D P Sehgal, former member of TDSAT also addressed the gathering. He also chaired a panel discussion. The seminar was aimed at creating greater awareness amongst the stakeholders and consumers about the adjudicatory role of TDSAT for speedy resolution of disputes and redressal of consumer grievances.
The seminar was one in the series organised by TDSAT in different parts of the country to discuss various issues in telecommunications, broadcasting and cable sectors and the mechanisms for settlement of disputes involving licensor and group of consumers.
It was well-attended by delegates of service providers, government, Bar associations and consumer organizations.
NT News Desk

CJI for caution against trial by media

New Delhi (PTI): Cautioning against trial by media which hampers the rights of the accused, Chief Justice of India K G Balakrishnan on Sunday said the provisions on contempt of court were meant to protect the interest of the common man and enforce judicial orders.
"It is only with the threat of contempt that many government authorities obey court orders...(the provisions) are to protect the interest of the common man and for administration of justice," he said.
On suggestions for liberal interpretation of the contempt provisions, the CJI said "the problem was not with the law but with its misuse."
Addressing the final session of a two-day workshop on "Reporting of Court Proceedings by Media and Administration of Justice", Chief Justice Balakrishnan said regarding cases pending in court the media should refrain from attempts to "prejudice the trial."
Referring to the poor infrastructure in courts, the CJI said the condition in some courts was so bad that people would not like to appear in them. He, however, said a review of provision on personal appearance in defamation cases was for the legislature to decide.
Editor-in-chief of The Hindu, N. Ram, sought decriminalisation of the law of defamation and pointed to an impression about "a degree of intolerance" within the judiciary while looking at issues related to contemptuous articles.
Earlier, Executive Editor of PTI V S Chandrasekar felt that while the media had a right to run a campaign in cases of blatant miscarriage of justice it cannot deny to an accused his right to be heard.
Chandrasekar said the media also should respect the right of an accused to maintain silence on a matter which is sub-judice.
The advent of TV channels has overturned some of the ethics followed by the print media for years in reporting court room observations made off the cuff by judges, he said.
Supreme Court judge, Justice Arijit Pasayat, emphasised on the need to train journalists involved in reporting court proceedings and said "a half-baked journalist was likely to create problems."
Justice H K Sema was open to scrutiny by the media but said the only thing that the judiciary wanted was "impartiality" and not a "favour."
Editor and columnist B G Verghese favoured guidelines for regulation of the media and said there was no need for the media to be wary of a regulatory mechanism as "unless you have strong brakes, you cannot move fast."
Senior advocate K K Venugopal cited international models and said a mechanism involving ombudsman could be evolved for dealing with matters related to media reports without taking them to a judicial forum.
Senior advocate Ashok Desai criticised the practice of lawyers appearing on camera and giving interviews which, at times, gave distorted view about the proceedings that took place in court.
Senior advocate K Parasaran said the media should refrain from creating public opinion that might create pressure on judges, who are already a stressed lot.
THE HINDU; Sunday, March 30, 2008

HC issues warrants against commissioner, CE

Jammu: The High Court in a contempt petition Saturday issued warrants against commissioner secretary, Public Health Engineering, Atul Dullo and the chief engineer Jammu, Vinod Goswani for neither filing a compliance report nor presenting themselves before the court despite repeated notices. The Court ordered that their presence be secured through bail warrants and their salaries should remain attached. The orders have been passed in a contempt petition filed by Ashraf Hussain and others versus Atul Dullo and others. The petitioner through his counsel, Atul Bashin submitted the petition in 2004. The Court allowed the petition on March 18, 2005 with directions to the respondent state to pass appropriate order for regularization of the petitioners as Class-IV employees under SRO 64 of 1994 within a period of 6 months. The respondents didn’t challenge the order. But at the same time respondents didn’t comply the Court direction, which forced the petitioners to file contempt petition for initiating proceedings. The notice was issued to respondents, the respondents were granted number of opportunities but they have not complied with the directions, they are adopting delaying tactics. This shows that the respondents are intentionally deliberately violating the direction of the court. On February 10, 2006 last opportunity of six weeks was granted to the respondents to file compliance report. It was further directed that in case compliance report is not filed, the respondents should appear in person. (JNF) Greaterkashmir.com

Petition filed in HC to ban `Black and White`

New Delhi, March 30: A DU Professor has approached the Delhi High Court seeking to ban the screening of recently released "Black and White" alleging that the movie portrays his community in a bad light. Dr Khalid Alvi, head of Urdu Department in Zakir Hussain college, has contended in his petition that the Anil Kapoor starrer portrays his community in a bad light and its screening should be stayed."The producer, director and the script writer have intentionally produced the film with an anti-Muslim angle," he said. He alleged the film shows his community as harbouring terrorists. The film, produced and directed by Subhash Ghai, was released all over the country early this month. The petitioner said that his character had been depicted in a bad light in the film which was very disturbing. The students and the staff of the college were stunned and shocked that the college was used with such a malafide and inimical intention of the film-maker, hand in glove with the Censor Board, to malign their community as anti-national and unpatriotic, the petition said.zeenews.com; Bureau Report

Police harassment; woman moves HC

Madurai, March 29: Madurai bench of the Madras High Court has admitted a writ petition seeking compensation from the Tamil Nadu Home Secretary in connection with photos of a mother and son being displayed on a flexi-board containing pictures of thieves at the entrance of the Samayapuram Mariamman temple though they were not involved in any theft. Justice K.Venkataraman, admitting the petition, ordered issue of notice to the Home Secretary, DGP, Tiruchi District Collector, IG central zone, and Commissioner of police and posted the case for hearing on April9.
The petitioner K.Meenatchi, a native of Tiruchi district, alleged that police officials had put up the pictures.
Though she had sent representations to the Chief Minister, Governor and DGP, State Human Rights Commission and the National Human Rights Commission no action had been and district collector, no action had been taken, she alleged.
The petitioner prayed to the court to direct the officials concerned to remove the photographs of herself and her son. She also prayed to the court to direct the DGP to take action against those responsible.
The petitioner said that her husband, an auditor of the cooperative department, was the headman of gandhipuram village panchayat. As the police detained one durai, a resident of the village, illegally and tortured him he had given a complaint seeking action against Tillainagar police station officials who were responsible for the detention.Since then the police started taking series of vindictive actions against her family members, she alleged
She alleged that on January 2 this year, a police constable of Thillainagar station picked a quarrel with her when she was buying fruits and when her son questioned both were attacked. Then "false cases" were "foisted" against them. An advocate who came to their aid was also detained and cases were foisted against him and other relatives who came to their rescue, she alleged. Even an autoricshaw driver who drove them to the court was not spared.The Tiruchi bar association had condemned the police action, she said.
After she came out on bail she sent representations to the Chief Minister, Governor and DGP.It was against this background that the photos had been put up.
She was shocked to know about it when she went to the Samayapuram temple to offer worship. - Agencies chennaionline.com; Published: Sunday, March 30, 2008

HC moved against discharge of two ministers in wealth case

Madurai, March 29 Two AIADMK lawyers have moved the Madurai Bench of Madras High Court challenging recent lower court's order discharging two ministers in disproportionate wealth cases.
The lower court had discharged Union Minister of State S Regupathy and Tamil Nadu Minister I Periyasamy in a case against them, filed by Directorate of Vigilance and Anti-Corruption.
In their criminal revision petition seeking to set aside the January last orders of Pudukottai and Dindigul Chief Judicial Magistrates, the petitioners S Jayapaul and Ramachandran said the trial courts had not properly appreciated the prosecution's evidence.
When the petitions came up before Justice S Nagamuthu yesterday, advocates for the Ministers contended the petitioners had no right to challenge the lower court's order. They were neither the complainant nor were they affected in any way.
The petitioners contended that the matter pertained to public money and everybody had a locus standi to question it.
The DVAC had accused Regupathy of amassing wealth beyond his known sources of income during 1991-96, when he was a minister in the then AIADMK cabinet. He later joined DMK.
Periyasamy was charged with amassing wealth beyond his known sources of income when he was a state minister during the previous DMK regime in 1996-2001.
The Judge, after hearing both sides, posted the petitions to Friday for deciding maintainability.- Agencies chennaionline.com; Published: Sunday, March 30, 2008

HC sets new precedent for credit card disputes

NEW DELHI: The Delhi High Court has probably set a new precedent for cases related to credit card disputes and harassment in the country. The bench of Justice Mukul Mudgal and SL Bhayana has provided interim relief to Citibank credit card holder Desh Deepak against whom the global banking major had filed a suit for recovery of Rs 3,61, 431.72 on grounds that he had failed to make payments, despite being offered a structured payment plan. As of now, the High Court has put a stay order on the verdict of the lower court. Though the matter is still sub-judice, it has possibly opened a can of worms, which can result in more stringent regulations being implemented in the credit card industry in the country. Kanchan Singh, representing Desh Deepak hailed the High Court’s stay order and told SundayET that the court made a oral observation that this looks like a clear case of extortion by a foreign bank.



“There are so many people like Desh. They don’t have the means to fight against these global giants. I took the case on a pro bono basis, had I charged him any fees, he wouldn’t have been able to put up a fight. I am sure the honourable court will come out with a just decision,” he said. Desh Deepak in his case had claimed that interest charged was excessive, arbitrary and unjust. He had also claimed that Citibank had assured him of a settlement of the account after a payment of Rs 2 lakh. In court, Citibank had denied both these claims. When SundayET contacted Citibank, the Citibank official refused to comment on the matter citing the subject as sub-judice. However, the official said, that in situations where the customer is unable to pay the amount owed, their highly trained customer assistance professionals evaluate the case and find a solution, in consultation with the customer, and work out an alternative repayment plan. “We’ve enlisted the services of eminent citizen Julio Ribeiro as external grievance redressal officer - debt collections, which shows our concerns towards such matters,” said the official. Leading consumer activist, Pushpa Girimaji, on the other hand, said that such incidents will keep on happening until the credit card companies make a point of putting out the most important information in a separate package. “The customer is lost in the maze of rules and regulations, which can be as long as a thesis. Also, the companies need to improve their in-house redressal systems,” she said. CV Giddappa, national secretary, Credit Card Holders Association of In-dia, said that the RBI needs to strictly enforce the guidelines. “The code of bank’s commitment to customers, should be turned into a penal code, this will make a major impact on such cases,” he said.
THE ECONOMIC TIMES; 30 Mar, 2008, 1235 hrs IST,Dheeraj Tiwari, TNN

HC notice to former AIMMS chief

New Delhi (PTI): The Delhi High Court has issued notice to Dr P Venugopal, former director of AIIMS, on a petition filed by the institute's ex-PRO for an independent enquiry against the doctor for allegedly withholding his personal belongings including passport and cheque books.
Issuing notice to Venugopal, Justice Anil Kumar sought his reply by May nine on the petition filed by ex-PRO Bijay Kumar Dash, through his counsel Barun Sinha.
Dash also sought an enquiry against the hospital management headed by Venugopal for illegally seizing all his belongings in February 2007.
To another allegation of Dash for an incident happened earlier, the court also issued notice to Venugopal's predecessor Dr P K Dave and N Baijendra Kumar, deputy Director Administration, for allegedly taking away his passport, PAN card, ownership document of his flat and the Employees Health Scheme (EHS) card when he was on leave in October 2002.
Submitting a list of articles before the court, the petitioner said that his National Saving Certificates and LIC policies were also taken away from his residence and office in the institute premises in February last year when Venugopal was the director of the institute.
Filing its reply before the court, the counsel for AIIMS Mukul Gupta admitted seizing of Dash's articles in two separate incidents earlier.
Gupta said that the institute has no objection to set up an inquiry against its previous directors and other competent hospital staff for committing the offence.
The court now fixed May nine, as the date for further hearing of the matter. THE HINDU; Sunday, March 30, 2008

Soldiers should not crib about hardships: HC

MUMBAI: A person working in armed forces should not crib about hardships that such a career entails, Bombay High Court said recently, dismissing a naval officer's petition for cancellation of transfer. Refusing to interfere in the case, the division bench of Justices Sharad Bobde and Anoop Mohta said, "A person in the armed forces should know it's a tough life'..."It's for the authorities to decide where the staff has to be posted." Petitioner Commander N K Tripathi had challenged his transfer from INS Trata in Mumbai to INS Zamorin in Ezhimala in Kerala in December 2007. Among other things, such as violation of Navy Act, Tripathi had sought cancellation of transfer on "compassionate grounds" too. He contended that an officer like him, who was part of the operational command, was allowed a normal tenure of five years at one place, which he had yet to complete in Mumbai. Besides, he was also involved in crucial work, including the repowering of 12 Russian petrol Zil vehicles with indigenous diesel ones and fabrication of the mobile command platform at the naval dockyard, he argued. That apart, he pleaded that his father was a cancer patient in a terminal stage, and was being treated in Pune hospital. Another ground cited by him was that his children were yet to complete their education and one of them was in class tenth.

THE TIMES OF INDIA; 30 Mar 2008, 1104 hrs IST , PTI

HC notice to Venugopal on ex-PRO's plea

The Delhi High Court has issued notice to Dr P Venugopal, former director of AIIMS, on a petition filed by the institute's ex-PRO for an independent enquiry against the doctor for allegedly withholding his personal belongings including passport and cheque books.
Issuing notice to Venugopal, Justice Anil Kumar sought his reply by May nine on the petition filed by ex-PRO Bijay Kumar Dash, through his counsel Barun Sinha.
Dash also sought an enquiry against the hospital management headed by Venugopal for illegally seizing all his belongings in February 2007.
To another allegation of Dash for an incident happened earlier, the court also issued notice to Venugopal's predecessor Dr PK Dave and N Baijendra Kumar, deputy Director Administration, for allegedly taking away his passport, PAN card, ownership document of his flat and the Employees Health Scheme (EHS) card when he was on leave in October 2002.
Submitting a list of articles before the court, the petitioner said that his National Saving Certificates and LIC policies were also taken away from his residence and office in the institute premises in February last year when Venugopal was the director of the institute.
Filing its reply before the court, the counsel for AIIMS Mukul Gupta admitted seizing of Dash's articles in two separate incidents earlier.
Gupta said that the institute has no objection to set up an inquiry against its previous directors and other competent hospital staff for committing the offence.
The court now fixed May 9, as the date for further hearing of the matter.
Press Trust Of India
New Delhi, March 30, 2008
First Published: 12:07 IST(30/3/2008)
Last Updated: 12:11 IST(30/3/2008)
hindustantimes.com

Mangalore: Human Rights protection a must - Justice Nayak

MANGALORE, March 30, 2008: The government was endowed with the power and the responsibility of protecting the Human Rights in a democracy said president of the Human Rights Commission S.R. Nayak here today. He was speaking at the seminar on Human Rights organised by the police department western range here today.
Justice Nayak who gave the key note address said that Human Rights should be respected and protected at all times by the law enforcing authorities and this was the responsibility of all the armed forces and the civil police.
Sometimes the police do take extreme measures to eke out results due to various pressures, in the bargain they violate human rights. But it was advisable and mandatory that at all the times the Human Rights be respected and upheld. Justice Nayak stated that in the view of political power and money power one cannot override the rules of the land. He cited the instances of illegal mining activity which was nothing but corrupt practices and destruction of nature.
Deputy Commissioner of Dakshina Kannada M.Maheshwara Rao, DIG of Bangalore M.N. Reddy, CGM of Corporation Bank M.Narendra, and Divisional Commissioner of Belgaum division Amitha Prasad were also present.
Our correspondent; manglorean.com

Arrested Indian in Spain awaits justice

It has been over two months since Mumbai based businessman Roshan Jamal Khan was arrested in Spain.The charges for which Khan was arrested have still not been revealed.There are rumours that Khan has terror links, but nothing has been confirmed officially. He has still not been produced in court and his family says that it is a clear violation of human rights.''We have not received any official communication from the Spain Embassy. They replied to our letter saying Jamal Khan has been arrested and detained,'' says Mehboob Khan, brother of Roshan Jamal Khan.Khan's wife and six children are living in constant fear in suburban Mumbai. His son Talha has just finished his SSC board exams and now accompanies his uncle in meeting government officials and politicians.''I want the Maharashtra government to bring my husband back,'' says Farida Khan, wife of the arrested businessman.Meanwhile, the Maharashtra government announced on Friday that it will write to Prime Minister Manmohan Singh to expedite the matter as both the Central Bureau of Investigation and the Anti Terrorist Squad have given a clean chit to Khan's credentials.Jamal Khan promised to return home before his son's crucial board examinations. But he has not returned, and the son says that he has not fared too well either.The family, meanwhile, is battling to keep the finances together to hire an advocate. But all the efforts will help only if they know what Roshan Jamal Khan is charged for.

NDTV.com
Prerana Thakurdesai
Sunday, March 30, 2008 (Mumbai)

Judiciary, media urge each other to play responsible role

New Delhi (PTI): The judiciary and media on Saturday came on a common platform to discuss their delicate mutual relation with judges advocating self-restraint by scribes and the media seeking more transparency in the functioning of judiciary.
Issues relating to contempt of court, reporting on subjudice matters and freedom of press came for deliberation at a "Workshop on Reporting of Court Proceedings by Media and Administration of Justice," which was inaugurated by Chief Justice of India K G Balakrishnan here.
The two-day national workshop is being jointly organised by the Supreme Court Legal Services Authority, Press Council of India, National Legal Services Authority and the Editors Guild of India.
Asking media to appreciate the 'dilemma' of judiciary, Justice Balakrishanan sought cooperation to bring all aspects of the administration of justice closer to citizens.
"I would like to utilize this occasion to once again restate the judiciary's commitment to bringing all aspects of administration of justice closer to each and every citizen. Undoubtedly, such a task cannot be accomplished without cooperation and synergy with the media," the CJI said.
He said though media has been very efficient, factual and searching in portraying the role of the judiciary and the status of administration of justice, there have been some inadvertent errors that seem to creep in periodically due to systemic difficulties.
Justice Balakrishnan said even the media appreciates that such errors may inadvertently impede the functioning of the judiciary as they often tend to lead to unnecessary confusion amongst the public.
Joining the debate, Justice S H Kapadia said the "Media should be a seeker of truth and not finder of fault".
However, in another session, H K Dua, Editor-in-Chief of the Tribune, differed with Justice Kapadia and said "the basic role of the media is to find fault and if fault is the truth what is wrong in it."
Pointing out that there has been an impression about corruption in the judiciary, Dua said there was a need for more transparency in the "operation" of the judicial system which will help public know the criteria on appointment and elevation of judges.
Justice Arijit Pasayat, another apex court judge, said the relation between the media and judiciary was symbiotic and their ultimate role was to ensure the rule of law in the country and "any attempt to make news out of nothing to sensationalise it has to be deprecated".
The apex court judges were of the view that observations made by them in courts should not be reported out of context for drawing inferences.
Shekhar Gupta, Editor-in-Chief of the Indian Express, said that public trust in the judiciary was at an all-time high and the two organs of the state must be independent from each other.
Hiranmay Karlekar, Consultant Editor of Pioneer, said both judiciary and media played complimentary role in furthering the cause of democracy.
THE HINDU; Saturday, March 29, 2008