SC issues contempt notice to Karnataka govt

The Supreme Court on Tuesday issued a contempt notice to the Karnataka government for not doing anything on the Bangalore-Mysore expressway despite its orders.The state government has been stalling the 2400 cr expressway connecting Bangalore and Mysore for various reasons.It has even accused the builders Nandi Infrastructure of illegally grabbing the land for the project.But the Supreme Court gave its go ahead. The court also overruled the government's argument that the project should be held till after the elections.
NDTV Correspondent
Tuesday, March 25, 2008 (Bangalore)

Pesky calls: SC asks Centre to change law on penalties

NEW DELHI: The Supreme Court on Tuesday gave eight weeks' time to the Centre to amend the law and facilitate early imposition of stiff penalties on service providers and telemarketing companies to curb the menace of pesky calls. A bench headed by Justice Ashok Bhan directed the Union of India to file a compliance report giving details about the mechanism being adopted by it to impose harsher penalties, as per the recommendation of TRAI, to check unsolicited calls. The directions followed after Additional Solicitor General Gopal Subramanium submitted that the authorities would need some time to amend the law to implement revised penalties ranging from Rs 5000 to Rs 20,000 on various banks and mobile service providers making pesky calls despite subscribers registering with the 'National Do-Not-Call Registry'.
He informed the court that the the telecom regulator had notified that service providers would be subjected to a fine of Rs 5,000 for the first unsolicited commercial call made to a subscriber enlisted in the National Do-Not-Call-registry and Rs 20,000 for every subsequent call. It would act as an effective deterrent for non-compliance of the regulations and reduce the nuisance and inconvenience caused to mobile phone subscribers, he added. Subramanium further said the guidelines and regulations, National Do-Not-Call Registry, related to checking pesky calls have been in place since September. Counsel Vivek Tankha and Prashant Kumar, appearing for petitioner Harsh Pathak, submitted that there was no mechanism to implement the Regulations. Earlier, the apex court had sought reply from 11 respondents including the Centre, cellular operators and nationalised banks on a PIL filed by advocate Harsh Pathak over the menace.
economic times; 26 Mar, 2008, 0339 hrs IST, PTI

Cauvery row: TN moves SC against Karnataka

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New Delhi: Tamil Nadu has moved the Supreme Court asserting that it has a right to seek an injunction to restrain Karnataka from illegally diverting Cauvery water.
In a fresh application filed in the apex court, Tamil Nadu submitted that "any storage, which has the effect of diversion of water for irrigation and not provided for in the final Tribunal order, cannot be permitted to be undertaken by the State of Karnataka."

According to Tamil Nadu, the neighbouring State had been constructing several check dams across Hemavathy, Kabini, Suvarnavathy, apart from taking up minor irrigation works in non-scheduled streams in violation of the award passed by the Tribunal in February 2007.
It was stated that opening of Mettur Reservoir in Tamil Nadu for irrigation depends not only on the storage at the beginning, but also on the anticipated, sustained inflows during the subsequent months to cater to the crops raised in fields spread over 12 lakh acres.
Tamil Nadu contended is that the inflows have been largely affected as Karnataka was impounding excess water over and above its share by constructing the check dams and taking up minor irrigation projects.
It urged the apex court to restrain Karnataka from going ahead with construction of additional projects and ensure adequate water to Tamil Nadu as awarded by the Tribunal.
Karnataka had earlier filed a counter affidavit questioning Tamil Nadu's plea to restrain it from going ahead with the project.
The argument of Karnataka is that Tamil Nadu cannot seek any interim injunction since the state had taken a stance that a decision on the Tribunal's Award is not likely to be published in the gazette until a reference to the final order made under Section 5 (3) of the Inter State River Waters Disputes Act 1956 is disposed off.
Under the said Section, the Award of the Tribunal would become final and binding only after the reference is disposed off.
sifynews.com; Tuesday, 25 March , 2008, 20:54

company’s workers cannot be transferred to amalgamated concern without consent: High Court

Ahmedabad, March 24 In a landmark judgment, the Gujarat High Court has held that the workers of a company cannot be transferred from one company to another, when two companies are merged or amalgamated, under the Indian Companies Act. It has said that the workers must have the option to join or not join the new company, and in the case of the latter option, the workers are entitled to retrenchment compensation.
The judgement by Justices M S Shah and K A Puj on last Wednesday came out in the wake of the amalgamation of Indian Petrochemicals Corporations Limited (IPCL) and Reliance Industries Limited (RIL). The scheme of amalgamation along with the transfer of entire undertaking of IPCL also provided for the transfer of all employees of IPCL to RIL.
While IPCL approached the Gujarat High Court for the sanction of the scheme, the Employees Association of IPCL objected to the move and challenged it. Noted lawyer Girish Patel, who appeared for the employees association told Newsline that the judgement will have far-reaching impact in the courts, as till now, the workers had no role to play in the cases of company amalgamations. "This judgement upheld the position of the workers in the company mergers and amalgamations," said Patel.
In its order, the High Court held that the "contract of employment being personal in nature cannot be transferred from one employer to another employer without the consent of the employees; and as such a transfer is a tripartite agreement between the transferor company, the transferee company and the workers of the company."
Express news service
Posted online: Tuesday , March 25, 2008 at 12:56:04Updated: Tuesday , March 25, 2008 at 01:18:43

HC cancels bail to former AIADMK MP

Chennai, March 24: The Madras High Court today cancelled the bail granted by a lower court to AIADMK former MP KC Palanisamy in a case relating to cheating a company of Rs 78 crore.
Palanisamy had allegedly siphoned off the money deposited by one Cheran Enterprises (P) Ltd in its bank account, by forging a board resolution and diverting the money to the bank accounts of some other accused in the case, who are absconding.
Passing the order, Justice M Jeyapaul said the criminal antecedents projected by the investigating agency (Central Crime Branch) were not considered by the Additional Chief Metropolitan Magistrate Court which granted the bail and said Palanisamy's release at this "crucial stage" would deal a deathblow to the investigation.
The Government advocate had contended that if let on bail, Palanisamy could tamper with the evidence "using his stature acquired as Ex MP or Ex MLA -Agencies
Chennaionline.com ;Published: Tuesday, March 25, 2008

Properties worth Rs 25k cr in Mumbai declared illegal by HC

The Bombay High Court today held that developments on more than 1,000 acres of land in the suburbs of Mumbai is illegal and said that those are on the declared forest land.

According to estimates, nearly 125,000 flats will be affected by the court’s decision. Market sources have pegged the value of these properties at around Rs 25,000 crore. Both the existing developments and on going real estate projects are going to be impacted by the court move.

Developers such as Godrej Properties, Lodha Group, Runwal Group, Oberoi Constructions among others are expected to be impacted by the court move. The developers are expected to move the Supreme Court against the verdict.

In 2002, an NGO, Bombay Environmental Action Group, had moved the HC to protect the forest lands encroached by the builders.

In 2006, the state government had issued notices to developers, mostly in Ghatkoper, Bhandup, Mulund, Thane and Kandivali, terming the developments on the declared forest land as illegal.

Subsequently, a bunch of developers went to court stating that both the Bombay Municipal Corporation (BMC) and Thane Municipal Corporation (TMC) in their town plans had shown the said developments as either residential or commercial developments.

Commenting on today’s developments, a Mumbai-based builder said: “Developers take due diligence before any construction. Both 1967 and 1991 town plans have not said that these are forest lands. It is not the fault of the developers.”

However, an executive of a global property consultant said that municipalities in Mumbai area did not have proper mapping facilities.

“There is a lack of information and ignorance on the part of planners. While municipal administration is a state subject, forests is a central subject. This is causing the problems,” he said.

Former Member of Parliament Kirit Somaiya, who had joined the petition on behalf of Mulund Resident Association, demanded that “the government must immediately bring the amendment bill to Maharashtra Private Forest Conservation Act and protect the interests of thousands of residents, who will be suffering for no mistake of theirs”.

“The government should regularise all the structures for whose construction permission is given by the civic authorities,” he added

Somaiya claimed 125,000 flats, covering areas from Vikhroli to Mulund in the eastern suburbs and in Western suburbs Borivali and areas between Kandivali and Arey colony at Goregaon, Wagle Estate and Ghodbunder road in Thane, which houses one million people will be affected by today’s court decision.

The properties worth Rs 25,000 crore have become worthless and owners of nearly one third of these properties still owe substantial amount to financial institutes, he added.

Ray of hope

There is a ray of hope for the apartment owners and builders. After the court verdict, Maharashtra Forest Minister Babanrao Pachpute said government will soon bring a policy to regularise these houses by remaining in the ambit of court judgement.

The government can regularise the constructions by asking developers to pay the fine for deforestation under the act, claimed a senior forest department official.
BUSINESSSTANDARD.COM; BS Reporter / Mumbai March 25, 2008

HC stay on municipal ward rejig

Cuttack, March 24: The piquant situation in Cuttack’s municipal politics owing to the recently concluded delimitation exercise took a new turn with Orissa High Court issuing an injunction on it today.
A two-judge bench of Justices B.P. Das and R.N. Biswal issued a stay order on a petition challenging the creation of six new wards by splitting of 14 of the existing ones — a move that had left corporators in Cuttack Municipal Council with no wards to seek re-election in the next polls.
“The interim stay will remain effective till the petition is taken up for hearing on April 15,” stated the court, while issuing notices to the urban development department, municipal administration and CMC to file their replies by then.
Dharmesh Nayak, the BJD corporator and two others had filed the petition. Nayak represents ward no-2 in the council.
He is one of the seven BJD corporators who have been left in the lurch after the rejig.
Nine other corporators (five from BJP, three from Congress and one from the CPI) face a similar plight.
THE TELEGRAPG; OUR CORRESPONDENT

HC grants bail to Belgian fashion photographer

MUMBAI: Over two months in jail would not have been a part of Belgian photographer Van De Lanotte Gaetan’s itinerary on his visit to India but thankfully for him, his ordeal is now cut short. Bombay High Court on Monday granted bail of Rs50,000 to Gaetan who was arrested from Andheri in January for allegedly taking nude and obscene photographs of male models.
Observing that prima facie there was no offence made out against Gaetan, justice DG Karnik granted him bail but directed that his passport be retained until the police wound up their investigations. Gaetan was booked for offences under 292 (2) (Sale of obscene objects if they are lascivious or appeal to the prurient interest) of the IPC and section 67 of the Information Technology (IT) Act 2000 for transmitting obscene material via e-mail.
Arguing on behalf of Gaetan, senior advocate Ashok Mundargi said the nude photographs found on his laptop were sent to the models and not to third parties. Justice Karnik said the photographs were taken with the consent of models.
Additional public prosecutors Rajesh More and Swapnil Pednekar said Geatan had saved the pictures for publication in Belgium. Justice Karnik said the evidence on record did not disclose any offence committed in India.
DNAINDIA.COM; DNA Correspondent
Tuesday, March 25, 2008 03:30 IST

HC issues notice to Centre on ex-serviceman’s pension issue

Chandigarh, March 24 The Punjab & Haryana High Court today issued notices to the Centre on a petition filed by a 90-year-old World War-II veteran’s widow. Subedar Narayan Singh of Samrala had served in the Indian Army.
The widow has moved the High Court for fixation of his pension of the rank of naib subedar from July 10, 1947 onward instead of sepoy that he had been getting till date.
The petition was filed through the Legal Aid Cell of the All India Ex-servicemen Welfare Association at Chandigarh.
Bhim Sen Sehgal, Chairman of the All India Ex-servicemen Welfare, taking up the case, stated that the petitioner whose date of birth is August 21,1918, was enrolled in the Indian Army on August 21,1936, as a sepoy. He served during World War-II at Burma Front from July 25,1943 to August 22, 1946. He was promoted to the rank of Jemadar (now called naib subedar).
He was injured in action and declared as battle casualty. He was out of service from July 9, 1947 due to injuries after rendering 10 years, 10 months and 19 days of service and was granted disability pension by the CMA(P) Lahore from July 10, 1947 for life for which he was getting Rs 42 per month.
Sehgal further said after attaining the independence, the Government of India introduced new pension regulations called pension regulations for the Army 1961, which were to be effective from June 1, 1953, onwards and was made applicable to all the then existing pensioners.
However, the disability pension scales of the petitioner were not revised and the petitioner who was holding the rank of naib subedar was drawing total pension of Rs 182 per month only as on December 31, 1985. Sehgal further submitted that the petitioner is eligible and entitled to draw the pension for the rank of Naib Subedar which comes to Rs 637 per month from January 1, 1986 and Rs 2,016 from January 1,1996 onward.
Express news service
Posted online: Tuesday , March 25, 2008 at 03:22:16Updated: Tuesday , March 25, 2008 at 03:44:56

It’s all forest land, rules Bombay HC

Turns down builders’ plea, major constructions in eastern and western suburbs termed encroachments
MUMBAI: A Bombay high court judgment on Monday gave Mumbai and its adjoining areas nearly 900 acres of additional forest land. The judgment, however, has put a question mark on the fate of several housing colonies and landmarks in the eastern and western suburbs and Thane including Nirmal Lifestyle, R-Mall, BARC, Johnson & Johnson, Godrej Colony, HP refinery, and even the Mulund BMC office, which have been held by the HC to be “encroachments” on private forest land .
Dismissing a clutch of 19 petitions filed mainly by real estate developers, Chief Justice Swatanter Kumar and Justice SC Dharmadhikari on Monday upheld the notices issued by the state government in 1956-57 by virtue of which huge tracts of land were declared to be ‘private forests’ and subsequently vested with the government. The order vests nearly 1.2 lakh acres of additional forest land across the state with the government.
The petitioners, who included developers like Oberoi Constructions, Runwal Constructions, Atithi Builders, Nirmal Lifestyle, Nirmal Developers, Godrej and Nanabhai Jeejeebhoy, had challenged the government’s move to change the status of their lands from non-forest to ‘private forests’ stating that the notices issued in 1956-57 had lapsed. However, dismissing their contention as an “argument of desperation” the HC held, “Merely because they [the petitioners] have invested crores of rupees in these lands by constructing buildings and townships, does not mean the state government cannot proceed by treating these lands as private forests.”
The 154-page judgment added, “If the state desires not to allow any encroachments on reserved forests then we cannot prevent the state from doing so.”
Though the petitioners did not seek a stay on the HC order they are likely to challenge it in the SC at the earliest. The state government ruled out any immediate demolitions. “We will hold a cabinet meeting after reading the HC order,” forest minister Babanrao Pachpute told DNA.
DNAINDIA.COM; Anshika Misra
Tuesday, March 25, 2008 03:36 IST

Forest land's off limits for builders: HC

MUMBAI: The Bombay High Court on Monday dealt a hammer blow to thousands of suburban residents and major builders by terming the land on which a number of residential projects stand today as forest, and thereby, protected land. Dismissing a petition by the city’s builder community, the division bench, headed by chief justice Swatanter Kumar and justice SC Dharmadhikari upheld a state government move in 2006 to take back nearly 1,000 acres of land in Borivali, Kandivali, Mulund, Thane and Ghatkopar. The land belonged to the forest department and the government move followed the realisation that land reserved for a specific purpose had been used by builders for housing and commercial projects. “The HC’s decision will pave the way for the government to proceed with acquisition of the land under the Maharashtra Private Forests Acquisition Of Land Act, 1975,” additional government pleader advocate Nitin Deshpande explained. ET was the first to report on the government’s move to take back the land in 2006. The court’s decision is likely to have big implications. It will affect nearly one lakh people living in 20,000 units in burgeoning suburbs like Mulund, Thane, Ghatkopar, Kandivali and Borivali. Booming property prices and soaring demand had driven many builders to construct towering residential apartments in areas near the sprawling Sanjay Gandhi National Park. The value of these houses, many builders told ET, is estimated at well over Rs 30,000 crore. “Not only the housing complexes, even the manufacturing facilities of corporate houses and state government offices and ESI hospitals have been constructed in the so-called “forest land”. We hope the government would come out with some strong measures to tackle the issue,” Niranjan Hiranandani, chairman, Hiranandani Constructions told ET. “It is not just some developers’ problem. It is a public issue.” Mumbai, home to many corporate czars and glitzy Bollywood, also houses a full-fledged forest, the only city in the country to do so. The 104 sq-km Sanjay Gandhi National Park extends well into the heart of the city and has posed a unique problem to city planners coping with an ever-growing population. Increasing human encroachment has triggered wild animal attacks while the pace of construction activity has continued to rob the city of its valuable green cover. This frenetic development is unlikely to stop, say experts. Monday’s high court decision may thrill environmentalists, wildlife enthusiasts and citizens concerned over the expand-expanding urban sprawl but is unlikely to be implemented, they add. They point to the case regarding illegal construction in Ulhasnagar, a town near Mumbai. The Bombay High Court ordered demolition of all illegal structures, a move which affected over 1,000 buildings. The government, faced with intense agitation by Ulhasnagar residents, was forced to bring in a legislation to legalise the structures. Something similar could happen in this case as well, considering the number of families affected by Monday’s court order, some experts say. The ball is now in the state government’s court. Having ignored the widespread misuse of forest land, the government suddenly woke up in 2006 to discover that the land on which large properties are being developed falls under a “forest” zone, and should therefore not be used for habitation. The issue centred around the Maharashtra Private Forest Acquisition Act enacted in 1975. The Act makes it mandatory for the state to notify forest land under private possession. Following this, the state’s forest department prepared the list of private forests around Mumbai to the revenue department, which is the custodian of records. It was the revenue department’s duty to undertake the process and notify the land and protect it from its change of use. The Bombay Environment Action Group, an NGO, approached the Bombay High Court in 2005. In many cases, the ‘forest’ land had undergone a major change as the government had allowed its change of use without having changed the original records. Though large-scale construction was going on, the land always remained with the forest department. The court set May 31, 2006 as the deadline for the state to carry out the land mutation process and finalise its classification. Incensed builders, with thousands of crores at stake had approached the court, which disposed of their petition on Monday.
THE ECONOMIC TIMES; 25 Mar, 2008, 0518 hrs IST, TNN

HC backs BMC on pvt forest land

MUMBAI: The Bombay high court on Monday dismissed some leading developers'petitions challenging the stop-work notice issued to them by the BMC for constructing flats on private forest land in blatant violation of the Forest Conservation Act. The immediate impact of the court order will be felt by an estimated 1 lakh flat owners and people who have paid for approximately 75,000 flats under construction on private forest land in the Bhandup-Mulund-Thane and Borivli-Kandivli belts. The stringent Forest Conservation Act bans non-forest activity on private forest land. "The fate of people who own these flats or have bought under-construction flats now hangs in the balance. The only option they now have is to approach the Supreme Court. We, on our part, plan to submit a remedial plan to the apex court to protect innocent persons who may have bought flats being constructed on this land,"a senior forest official told TOI. The issue of private forest land was first taken up by the Bombay Environmental Action Group, prompting the high court to ask the government to submit revenue records of private forest land. The forest department told the BMC and all district collectors to take action according to Forest Conservation Act provisions after the exercise was over. Stop-work notices were soon served on people indulging in non-forest activity (construction) on private forest land. This, in turn, prompted a section of leading builders to move the high court, which stayed the BMC order. The forest department subsequently filed a special leave petition in the Supreme Court. But the apex court sent back the SLP to the high court, saying it should be disposed of within a specific deadline. When the state government found that many flat owners did not know of the status of the land on which they had bought property, it set in motion a plan to help them. There are instances where construction on forest land has been regularised if the rule-breaker has paid the current value of the land (between Rs 5.80 lakh and Rs 9.2 lakh per hectare) and given an equivalent plot of land and paid for the cost of afforestation of that land. The forest department has so far identified 2.65 lakh hectares of private forest land across the state; 84,889 lakh hectares has been acquired, 89,881 lakh hectares has been restored to owners and 73,724 hectares of land is under investigation.

THE TIMES OF INDIA; 25 Mar 2008, 0321 hrs IST , Prafulla Marpakwar , TNN

‘Does the state have faith only in Nikam?’

PIL questions special public prosecutor’s appointment to represent state in Sangli case
MUMBAI: Expressing disapproval over the state government’s decision to appoint special public prosecutor Ujjwal Nikam to represent the state in a double murder trial in Sangli, the Bombay high court on Monday asked the government to furnish details of fees and facilities provided to Nikam, as opposed to what other prosecutors receive, to the court on Tuesday.
A PIL filed by Sangli-based Prakash Patil said the government had appointed 36 public prosecutors in Sangli district, but a notification was issued appointing Nikam as special PP on October 12, 2007. Patil, in his PIL, said Jalgaon-based Nikam’s appointment implied additional expenses of accommodation and travel along with his fees, which would be ultimately recovered from public funds.
“When there are 36 public prosecutors in Sangli, why should you (state government) take a man from Mumbai to appear in the trial?” justice Bilal Nazki said. “Does the state government have faith only in Nikam?” he retorted.
Patil’s PIL also said the appointment of special public prosecutor under the Criminal Procedure Code was a power that the government could use in “exceptional circumstances”. The PIL further said such appointment should not be be every time a request for it was made. Quizzing the government over its decision to appoint special public prosecutors in some cases and not in others, justice Nazki said, “You are giving the general public two different kinds of justice.”
DNAINDIA.COM; Mayura Janwalkar
Tuesday, March 25, 2008 03:28

PILs demand old B'lore airport remain open

New Delhi: The problems surrounding Bangalore's new airport do not end for now many people are demanding that the old HAL airport be permitted to remain open as the city requires two airports.
"Definitely Bangalore city needs two airports because it is there in every place. Mumbai and Delhi already have gone for two airports," said lawyer G R Mohan, who filed a PIL against the closure of the HAL airport.
"Since bangalore is an IT city, definitely passenger traffic is on the increase," he said.
Mohan pointed out that when the agreement was signed, around 10 to 11 million people were coming in but now there are more than 11.5 million people and for handling such numbers, two airports are required.
"By the end of 2009, we expect the numbers to increase around 15 to 20 million passengers," Mohan said
Priyanjana Dutta / CNN-IBN
Published on Tue, Mar 25, 2008 at 02:04, Updated at Tue, Mar 25, 2008 in Nation section
Tags: State Of The Indian Airport, BIAL , New Delhi

HC admit writ seeking details of corrupt officials

HYDERABAD : A writ petition was filed in the AP High Court on Monday seeking a direction from the court to the AP vigilance commission, anti-corruption bureau, directorate of vigilance and enforcement department and the crime investigation department to submit a status report on cases pending against public servants including members of the All-India Services.
P.N.V. Prasad, former TD leader, filed the petition alleging that the state government had failed to implement the recommendations of the AP vigilance commissioner, Ramachandra Samal, regarding cases against the public servants including IAS, IPS and IFS officers of the state. The petitioner urged the court to direct the Central Bureau of Investigation to conduct an inquiry into the inaction on the part of respondents, including the state government and its agencies, and direct that Mr Samal produce whatever material was available with him pertaining to the cases of corruption against the public servants. The petitioner informed the court that Mr Samal submitted his report in September 2007 with a list of 18 officers including IAS officers K. Chandra Mouli, Dayachary, K. Devanand, Ms K. Ratna Prabha, S.N. Mohanty, D.R. Garg, D.S. Murthy, V.N. Vishnu, V.K. Agarwal, K. Narayana, and IFS officers S.K. Das, Bhupal Reddy, K. Biswas, K.S. Rao, and IPS officers Swaranjit Sen and Gowtham Sawang. The petitioner told the court that the state government appointed a three-member committee headed by the Chief Secretary to take corrective measures to eradicate corruption at all levels. He alleged that though allegations were made against the Chief Secretary for not taking action on the report of the vigilance commission, he was appointed as the authority to consider Mr Samal’s report. Prasad told the court that apart from Mr Samal recommendations, the ACB had recommended action against I. Venkateswarlu, J.P. Murthy, Anantha Ramulu, Krupanandam, Sunder Kumar, D.C. Rosaiah and A.K. Pareeda IAS officers and the government dropped the charges against them without valid reasons. According to S. Ramachandra Rao, senior counsel for the petitioner, the petition will come up for hearing on Tuesday.
ANDHRACAFÉ.COM Updated: 03-25-2008

Writ filed for action on Samal report

HYDERABAD: The controversy surrounding former vigilance commissioner Rama Chandra Samal and his report on corrupt bureaucrats in the state has now reached the AP High Court. P N V Prasad, a former TDP leader, filed a writ petition in the high court on Monday seeking directions to the state government to entrust the matter to CBI to find out who is guilty in this case and also the reasons for the inaction of the state government. The petitioner was critical of the attitude of the state government saying that its complacent attitude is giving rise to ramapant corruption in the rank and file of the government machinery. Quoting Samal, the petitioner named - 18 IAS,IPS and IFS officials who were indicted by vigilance commission, ACB,CID and some more officials who were indicted by the CBI - in his petition. He was also critical of the role of the home minister 'who is dropping cases against several corrupt officials'. Prasad also found fault with two senior IAS officers in the CM's peshi who through their whimsical ways are promoting corruption. Quoting Samal, he said "the shortage of truly competent officers to man highest levels in these departments and abundance of inefficient and corrupt officials has resulted in tremendous leakages in expenditure. The public money has gone to private pockets." He also mentioned the petition filed by senior IAS officer Md Shafiquzzaman who sought the details of charges dropped against officials in the state and the recent anguish expressed by a judge of this high court who, after observing the attitude of the state machinery, directed them to furnish such list within two weeks. The petitioner also found fault with the state government which permitted an IAS officer to sue and prosecute former vigilance commissioner Samal.
THE TIMES OF INDIA; 25 Mar 2008, 0152 hrs IST , TNN

Personal law no bar to maintenance demand

Cr.PC applicable to all religions, says Supreme Court
New Delhi: The Supreme Court has held that a Muslim’s marriage to his wife’s sister, while the earlier marriage still subsists, will be irregular but the second wife and children are entitled to maintenance.
The Muslim personal law prohibits “unlawful conjunction” — a man cannot marry his wife’s sister in her lifetime or till the dissolution of the first marriage.
The personal law would not come in the way of the second wife claiming maintenance under Section 125 of the Criminal Procedure Code since an obligation has been cast on the person to maintain her and her children until the first marriage is declared null and void by a competent court, said a Bench consisting of Justices Altamas Kabir and J.M. Panchal.
The Bench rejected the contention that Section 125 Cr.PC could not override the Muslim personal law, holding it was applicable to all persons belonging to all religions and had nothing to do with the personal law of the parties.
“The fact that the marriage was not solemnised as per custom and was irregular cannot be a ground for depriving the woman or the children from that marriage of the maintenance claims.”
Writing the judgment, Justice Kabir said: “The bar of unlawful conjunction [jama bain-al-mahramain] renders a marriage irregular and not void.”
Consequently, “under the Hanifi law as far as Muslims in India are concerned, an irregular marriage continues to subsist till [it is] terminated in accordance with law and the wife and children of such marriage would be entitled to maintenance.”
The Bench said: “There are two types of marriages — which can be declared either “void” or “irregular” if they are held in violation of the provisions of the [Muslim] law. While a “void” [batil] marriage is illegal from the time of its very occurrence, an “irregular” [fasid] marriage can be regularised or made valid, provided the irregularity is rectified.”
Under the Muslim law, a man’s marriage to the sister of his wife could become lawful with the death of the first wife or when he divorced her. An irregular marriage had no legal effect before consummation. But if the consummation took place, the wife would be entitled to dower.
In the instant case, Chand Patel challenged an order of the judicial magistrate, Chincholi, Karnataka, directing him to pay a monthly maintenance allowance of Rs. 1,000 to his wife’s sister Bismillah Begum, whom he married. A sessions court and the Karnataka High Court confirmed this order.
Dismissing the appeal against this order, the apex court directed Mr. Patel to pay Bismillah Begum the maintenance arrears within six months and to continue to pay the current maintenance with effect from March 2008. It also directed him to pay her Rs. 10,000 as costs.
THE HINDU; Legal Correspondent Tuesday, Mar 25, 2008

The rich can’t get away

Bhatnagar murder case has strengthened the recent trend of conviction in high-profile cases sending a clear message that the rich and influential can no longer get away with crime.
The fact that the top cop succeeded in evading arrest for three and a half years after the murder till he gave himself up to the police itself demonstrated his influence. During the trial also 51 witnesses, including some key ones, turned hostile. But in the end he was held guilty.
The public outcry after the acquittal of all accused in the Jessica Lall murder case including Manu Sharma and Vikas Yadav, sons of powerful politicians, proved to be a turning point in the history of Indian criminal justice system. It had in some way or the other affected the trial of other pending high-profile cases. Perjury proceedings initiated by the Delhi High Court against 32 hostile witnesses after convicting Sharma and Yadav in December 2006 in fact proved to be a deterrent to witnesses in other cases.
"The Jessica verdict was an eye-opener and the public outrage only shows that the Indian public will no longer remain silent spectators to police sluggishness, shoddy trial and hostile witnesses. Everything is going to be under the public scanner. Being rich or influential is not a passport to immunity", Justice VS Mallimath, famous for his recommendations on reforming criminal justice system, told HT.
The Jessica case acquittals shook the public conscience to the core. It brought into sharp focus a number of issues ailing our legal system and people realized how easy it was for the rich and powerful to get away with anything. The outpour of outrage was spontaneous. For the first time the nation witnessed the middle class involving itself in the process of getting justice for an individual.
Thousands e-mailed and SMS-ed their protest on petitions forwarded by electronic and pring media to every office of consequence including the Chief Minister, Prime Minister and President and others seeking remedies for the miscarriage of justice in other cases. There were demonstrations and candle light vigils. A poll conducted by the Hindustan Times immediately after the acquittals showed that on a scale of 1 to 10, the public's faith in law enforcement in India was about 2.7.
"It seems the new criminal justice rules are being authored by Jessica Lall posthumously", this remark by the lawyer of Vikas Yadav, an accused in Jessica Lall and Nitish Katara cases during his bail hearing more than sums up the existing mood.
After a similar campaign for justice, the CBI brought the appeal in the Priyadarshini Mattoo murder case out of a six-year cold storage. The High Court fast tracked the hearing and sentenced her senior in law college Santosh Kumar Singh to death.
A lower court pronouncing the verdict in a murder case against underworld don Babloo Srivastava and businessman Nitin Shah four months after the Jessica case acquittals convicted them. The duo, however, was however later acquitted by the High Court. Former union Minister Shibu Soren was sentenced to life imprisonment by a lower court on November 28, 2006 on charges of murdering Shashi Nath Jha his former personal secretary. But the HC acquitted him for want of evidence.
Relatives of the victims of the Uphaar cinema fire tragedy also benefited from the charged atmosphere. Acting on their petition, the Delhi High Court ordered a fresh investigation into tampering, mutilation and destruction of evidence by a trial court staff. He has now been arrested and investigations are on. A court convicted cinema owners Sushil and Gopal Ansal on November 20, 2007 in the fire case for negligence.
HINDUSTAN TIMES; Sat,29 Mar 2008

Court upholds land acquisition decision

MUMBAI: Rendering uncertain the fate of lakhs of people residing in housing societies and many others who had invested huge sums to buy apartments, the Bombay High Court on Monday upheld the Maharashtra government’s decision to acquire over 100 acres of private land here. Some of these lands fall in prime suburban areas such as Vikhroli, Kandivali, Mulund, and in many instances multi-storeyed residential buildings had been constructed where people are staying or which are yet to be allotted to owners.
The Maharashtra government had issued show cause many years ago under the Indian Forests Act of 1927 to the original owners of these lands, seeking a reply as to why the lands should not be treated as private forests and be acquired for their conservation.
However, the government did not take any step to acquire them, after issuing the notice, until 2006.
Under the Maharashtra Private Forests (Acquisition) Act, such land classified as private forest could be acquired by the Forest Department to conserve forests.
A bunch of 19 petitions, filed by some construction groups, had challenged the “mutation entries” changing the status of the lands in revenue records, marking them as “private forest.”
Despite their pleading that some of lands were already developed, a Division Bench of Chief Justice Swatanter Kumar and Justice S.C. Dharmadhikari dismissed the petitions. — PTI
THE HINDU; Tuesday, Mar 25, 2008

SC to hear cases related to Jayalalithaa

AM
The Supreme Court will hear two cases relating to former Tamil Nadu Chief Minister and AIADMK leader J Jayalalithaa. The court had transferred two cases relating to Jayalalithaa possessing wealth beyond her known sources of income to a Bangalore court from Chennai for a fair hearing. The ruling DMK in Tamil Nadu has appealed against the transfer of these cases. The apex court will take up these cases today.
NDTV Correspondent
Monday, March 24, 2008 (New Delhi)