Environment Support Group alleges 'criminal' negligence in developing Mangalore airporthttp://moneylife.in/article/8/5561.html
May 24, 2010 06:11 PM
Moneylife Digital TeamMangalore-based Environment Support Group (ESG) and Vimana Nildhana Vistarana Virodhi Samithi (Local Communities’ Alliance Against Airport Expansion) has alleged gross negligence and lack of safety standards as a main reason for the Air India plane crash that killed 158 passengers, including crew. There were 160 passengers plus six crew members on board the flight from Dubai to Mangalore, among them 19 children and four infants.
The Group had filed a number of public interest litigations (PILs) to stop the construction of the second runway at Mangalore airport on the grounds that the design did not conform to the most basic national and international standards of airport design. The PILs also highlighted that the airport does not conform to the most minimum safeguards for emergency situations—particularly during landings and takeoffs, and could not have emergency approach roads within a kilometre on all sides of the airport as required.
Despite making several presentations to authorities like the Director General of Civil Aviation, National Building Code of India and the Ministry of Civil Aviation, nobody paid any heed to the Group and the Samithi.
Both the ESG and the Samithi, through a variety of representations, demonstrated that the site chosen for expansion at Bajpe was surrounded by deep valleys on three sides of the runway and did not provide for emergency landing areas as required.
Raising a key concern that the second runway at Mangalore could not meet the standards required in dealing with an emergency, particularly during landings and takeoffs—a time when air crashes are most likely to happen—the ESG and the Samithi then filed a PIL in the Karnataka High Court.
The Airports Authority of India (AAI) filed an affidavit in the Court. AAI said: "It is submitted that as regards the apprehensions of the petitioner that the length and width of the runway is insufficient for a plane making an emergency landing, the same is without any basis. It is respectfully submitted that all the requirements as per the International Civil Aviation Organization (ICAO) recommendation will be met and that there has been no infringement of any of the recommendations and limitations therein."
Following AAI's submission, the Court dismissed the PIL filed by ESG and the Samithi. The Court said the expansion of the Bajpe airport project was at the initial stage and the second respondent (AAI) had in its objections mentioned above, unequivocally stated that all the safety measures, stated by the petitioners in their writ petition will be followed during the progress of the project and nothing can be said before the land is handed over to the second respondent.
"Considering these facts, we are of the view that the petitioners have rushed to this court before commencement of the project itself and the writ petition is premature. It is not, therefore, necessary to consider the various grounds taken by the petitioners in the writ petition to allege that the respondents have been proceeding with the project in a casual manner. There is nothing to doubt about the statement made by the second respondent in their objection statement and we are sure that the respondents will be taking all necessary measures under the different enactments etc., before proceeding with the project in question. The writ petition stands dismissed," the Court had said.
Later on, the ESG and the Samithi twice filed PILs in the Karnataka High Court, which were also dismissed. In their second exhaustively-researched PIL, the ESG raised many significant concerns citing that the second runway could not conform to ICAO norms. The PIL said, "Minimum Area for Stop-way: At page 155 of the said (ICAO) report, para 2-1 prescribes standards for providing the minimum area for a stop way and/or a clear way in the event an aircraft undershoots or over-runs the runway. For instance, if an aircraft has initiated take-off, and a technical flaw requires emergency stop, the standard prescribes the minimum area that should be kept free to enable such a stop. In the instant case, the runway distance itself is about 2,400 metres, and even if the area left is most cautiously utilised, what is left is only about 300 metres on each end of the runway. By the prescribed standard, this is far below the required distance needed for an emergency stop way. Therefore, the chances for an aircraft that has achieved the decision speed forcing an emergency stop are critically minimised, and the inevitable consequence could be that the plane would come crashing down the hillsides from a height of 80-100 metres on either side of the proposed runway."
However, the High Court dismissed the PIL saying that the authorities concerned have to complete all formalities as per law before commencement of the project. The ESG and the Samithi then approached the Supreme Court. In a ruling dated 7 February 2003, the apex court said, "We see no reason to interfere with the impugned order. Accordingly, the special leave petition is dismissed. We, however, clarify that in constructing the Airport, the Government shall comply with all applicable laws and also with environmental norms."
Seeing the Supreme Court ruling as a victory, the authorities began construction in 2004 and commissioned the second runway in 2006. "No techno-economic assessment, feasibility study, or even a comprehensive Environment Impact Assessment was ever done for the second runway. Simply put, the runway was built in comprehensive violation of applicable laws, standards and direction of the Supreme Court," the ESG alleged.
The Group further said that, today, India is frenetically building airports all over, and for all sorts of flaky reasons. Such is the political, bureaucratic and corporate pressure to build and expand airports that anyone questioning the rationale is quickly dubbed as a 'busybody', 'useless interloper', 'promoted by vested interests' and raising 'frivolous' concerns, it added.
"To ensure such incidents do not recur, we demand that the Union Minister of Civil Aviation orders an impartial Commission of Enquiry into the causative factors of this crash, especially investigating the absolute lack of conformance with basic runway design standards and emergency approach measures,” the ESG and the Samithi said in a release.
IIT-JEE 2010
http://hasanpurluhari.blogspot.com/2010/05/iit-jee-2010.html
Monday, May 24, 2010
The Delhi High Court refused to stay declaration of results of prestigious IIT Joint Entrance Examination for 2010-11 on the allegations that there were errors in instructions in question papers and a faulty marking system was adopted by the organizing committee for the tests.A division bench of acting Chief Justice Madan B. Lokur and Justice Mukta Gupta declined to stay the declaration of IIT-JEE (joint entrance examination) result but directed the IIT to explain by way of affidavit how the mistakes occurred. 'Demonstrate to us the software with which you set these papers and also how the papers are scrutinized,' the court said when the counsel for IIT claimed that their system is foolproof and is up to standard. The High Court also declined to give a direction to IIT for holding the examination afresh. "We are dismissing the applications (for staying the declaration of results and conducting afresh the entrance tests)," a Bench comprising Acting Chief Justice Madan B Lokur and Justice Mukta Gupta said on two separate PILs filed in this regard.The court directed the IIT to file an affidavit by June 2. The court was hearing a public interest litigation (PIL) of a non-government organization (NGO) that has sought a stay on the declaration of result of the Indian Institutes of Technology (IIT) entrance exam held April 11. Raising the issue of errors in the instructions for examinees who took the IIT-JEE in Hindi, the NGO, Satya Foundation, filed the PIL. Chetan Upadhyaya, secretary and counsel of Satya Foundation, submitted before the court a list of serious blunders in the IIT-JEE 2010 and said that instead of accepting the faults and re-conducting the examination, the Joint Admission Board was trying to cover up the issue with 'corrective measures' which are 'totally illogical and can't be digested by anybody'. 'The IIT-JEE board evolved corrective measures May 2 to ensure that genuine candidates were not affected by the examination errors. It formulated a point-by-point remedial action and posted the same on the IIT-JEE website,' Upadhyaya argued. However, after dismissal of Upadhyaya's petition, he said he will approach the Supreme Court. The results were scheduled to be declared on May 26. However, the court kept the petitions filed on the issue pending by directing the IIT's organizing committee for JEE to demonstrate before it on June 2 the software adopted for evaluation of answer sheets. The IITJEE exam is conducted by the IIT on rotation basis for admission into various IITs. As on today there are 15 IITs [7 Old IIT and 8 new IIT] in addition to these students get admission into IT BHU Varanasi and ISMU Dhanbad by qualifying the IIT JEE examination.The Lakhs of students appeared for the admission into the IITs and related institutes by cracking the IIT JEE 2010. There candidates selected for the admission into the IIT JEE will be called for the counselling and choices will be filled by the students and on the basis of the availability the students will be alloted the IIT and courses in IIT.The students qualifying in IIT JEE 2010 will get admission into the IIT Delhi, IIT Mumbai, IIT Madras, IIT Kanpur, IIT Kharagpur, IIT Guwahati, IIT Roorkee, IIT Mandi, IIT Ropar, IIT Jodhpur, IIT gandhinagar, IIT Indore, IIT Hyderabad, IIT Patna, IIT Bhubaneshwar, IT BHU Varanasi and ISMU Dhanbad for more than 10000 seats of undergraduate courses, integrated courses, dual degree programs etc.
Posted by ajay saini at 12:08 PM
Tragedy On Day Break: Could This Have Been Avoided?
http://shortofmatch.blogspot.com/2010/05/tragedy-on-day-break-could-this-have.html
158 lives perished within no time. The unfortunate event at Manglore airport brings us back to the same question again. Are we safe as fliers in India and how safe are our Sky's? Answer to both is 'Not Much'. What happened is for sure unfortunate and can't be rewind back but tough questions need to be asked and disturbing answers need to be digged out from the derbies out there much like our investigating authorities working overtime for that dreaded black box.A casual look at one of our busiest airport at Mumbai would confirm on how serious we are for security. The slums surrounding the airport with a waist length boundary wall doesn't give that confidence on security aspect. Much worse none seems guarding those venerable areas and I am sure if some one wants can just jump upon the walls and go for a evening walk along the air strip. Many would say that's nothing to do with aviation security but physical. Agreed! but this small effort of ours definitely suggests our attitude towards the very word: 'Security'.I had some first hand experience of Manglore airport. Not the one where the flight skidded off, as it is operational for last couple of years only, but the older one which was no less worse than the current one. The approach for landing is a fearing one, at least for first time flyers. Initially I thought, the flight might be heading for an emergency landing somewhere in those deep valley and the pilot has gone insane for deciding to do so, only to be relieved when actually we landed on some sort of airstrip. The moment I got out I did pointed the funny topology of the airport to one of my friends who was accompanying me and equally frightened with that nightmarish landing. I am no aviation expert, but definitely I have some reservation on that very airport, much less making that one international airport.As all idiots across the globe do to figure out some details, I also got my hands dirty on Google to find out what and where we were wrong for this incident to happen, and trust me, if the results of Google are to be believed then they are disturbing to say the least. For the records there were at least 10 PILs lining on the very geography of the airport. Like a modern day Nostradamus, one such PIL outlines exactly what happened on Saturday morning from the skidding part to the plunge deep down the valley. If a complete novice on aviation security can fore see to that detail are the so called experts on this sleeping when they approved this death strip to go operational?There is this perpetual controversy of foreign pilots flying all over the place on Indian sky and bringing that ever existent communication problem to the fore. Even if we can somewhat overlook it, but the core of the issue remains. Are we so bankrupt when it comes to having our own pilots, so that we have to borrow all those expat from all over the planet? The answer is no. We certainly are not bankrupt, but it is the shear talent and brilliance of guys like Tulsi Das who was ex Air India chief who could run a consultancy somewhere in London to stuff our own national aviation office with all those retired, non-english speaking pilots on daily basis. If we think Mr.Das was doing this for charity and social well being of few retired individuals then we won't need any second opinion to confirm that we are fools of highest order. As usual, whenever there is some catastrophey of this magnitude we promptly get hold of some scapegoat and get our backs off the mud. Pilots are dead, so so long live the pilot error happens to be the mantra this time around. When a novice individual can see the horror coming someday and file a PIL to stop it, how in earth the authorities can't see this? Or is it also has got something to do with politics and lobbying? If so then all those individuals who were responsible in commissioning it should be brought to justice with criminal negligence tucked behind them. We just can't keep our arms folded and blame entirely on couple of guys who were flying the beast.Who will book DGCA authorities for giving the green signal, who would book Tulsi Das for his continuous feeding of expat pilots, who would book Prafull Patel for thinking the Aviation ministry is at the disposal of his daughter's wish, who would book those who behind the close doors lobbied for the airport to be there, who would book the big mouth Air India spokes person who is going around uttering nonsense on disaster management when the disaster management is a disaster itself? There are so many such uncomfortable questions need to be answered and answered in a hurry. 158 lost their lives and lets not talk about their bereaved families. No words can define there stigma, and I won't be surprised if few of them won't fly in future.Far from getting into the truth our investigating authorities are busy searching for the black box and running around the offices of NTSB with their request of helping them with this. Is this the disaster management that big mouth spokes person was touting about? From 26/11 to today, it seems we are a clown lot when it comes to investigation. When we can't find of our own on what went wrong, much less expected, if we could ever learn anything from it. The simple reason could be we don't want to learn. The classic example of it could be the miraculous escape of our law minister Mr. Veerappa Moily on this very airport a decade back in much more the same scheme of events, only that his flight never tipped off the runway to the valley and the same person was seen giving all the gyan about aviation on the day that this new death strip opened for operation. This shows we didn't learned anything from past mistake, as we don't want to learn at the first place. As simple as that!
Posted by Cynical at 9:35 PM
Justice Dipak Misra takes over as Delhi High Court chief justice
http://www.prokerala.com/news/articles/a138273.html
New Delhi, May 24
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Justice Dipak Misra Monday took over as the new chief justice of the Delhi High court.
Chief Justice Misra, 56, who was the Chief Justice of the Patna High Court before his new appointment, was administered the oath of office by Lieutenant Governor Tejendra Khanna at Raj Bhavan here.
A Raj Bhavan official said the ceremony was attended among others by Chief Minister Sheila Dikshit, her cabinet colleagues and high court judges.
Born Oct 3, 1953, the chief justice started practice as an advocate in 1977 at the Orissa High Court. He was appointed additional judge of the high court in 1996.
In 1997, he was transferred to the Madhya Pradesh High Court where he became a permanent judge.
He became chief justice of the Patna High Court in 2009.
Former chief justice of Delhi High Court A.P. Shah retired Feb 13. Justice Madan B. Lokur was working as the acting chief justice since then.
HC notice to PMC over Baner foothill construction
http://www.indianexpress.com/news/HC-notice-to-PMC-over-Baner-foothill-construction/622839
Express News Service
Posted: Mon May 24 2010, 05:14 hrs Pune:
The Bombay High Court has issued notices to the Pune Municipal Corporation, Municipal Commissioner Mahesh Zagade, the state government, Department of Town Planning and a builder questioning the construction at the foothills in Baner.
The notices follow a PIL by the Baner Citizens’ Forum. “Construction of a commercial project is on at survey no 1 and 6 in Baner. Extensive digging is being carried out, eating into the slope,” said forum president Lt Col (retd) Ashok Thombre.
The forum had sent an e-mail to apprise Zagade of the issue a couple of months ago. “After two more reminders and visits to PMC, we got a written reply that was ambiguous and misleading. It did not address the issue, after which we decided to get the facts ourselves. Later, we filed the PIL,” Thombre said
The HC has admitted the petition and asked all the five parties mentioned above to file replies by June 24. It also declared that the said construction would be subject to the result of the petition. “We received the HC notice last week. Since it is the court’s vacation, we shall file our reply by June 24,” said PMC deputy engineer (building permission department) Sudhir Pansare.
He said the PMC had permitted construction legally after completion of all formalities.
HC to hear plea against cabinet
http://www.expressindia.com/latest-news/hc-to-hear-plea-against-cabinet/622860/
Mohd Arshi Rafique,Mohd Arshi Rafique
Posted: May 24, 2010 at 0540 hrs IST
Lucknow Five months after the Lucknow Bench of the Allahabad High Court questioned Cabinet Secretary Shashank Shekhar Singh about the “authority under which he is holding the post (of cabinet secretary)” despite not being an IAS officer, the high-profile case will come up for hearing in the High Court on Monday.
The hearing assumes importance in the wake of an application moved by one of the petitioners, Lok Prahari, an organisation represented by retired IAS officer Satya Narayan Shukla, claiming the government is contemplating a service extension for the officer whose retirement is due soon. Shukla had moved the latest application in the Court of Chief Justice, which on May 10 ordered the matter to be posted to an appropriate Bench.
After almost two years of hearings on the maintainability of the PILs challenging the appointment, the High Court had issued a notice to Shekhar on December 24, 2009.
Admitting the PILs moved by one Shiv Prakash Shukla and Lok Prahari, the court had granted Singh four weeks to file the reply. Prahari later moved the Court of Acting Chief Justice Amitava Lala in February.
“I had moved an application seeking interim relief on the ground that since the officer had failed to file a reply to the High Court notice, our grievance is established,” said Shukla. The Court of Chief Justice took notice of the delay in the cabinet secretary’s reply and contended that expeditious hearing is required.
On February 26, the court, while rejecting the state’s plea that short counter affidavit has been filed and it will soon be followed by para-wise affidavit, gave ten days to the state government to file a detailed reply and posted the matter for hearing in March.
“In March, even when ‘urgency’ was mentioned, the matter got listed for March 29, but again it could not be taken up for hearing,” saidShukla.
The PILs, which challenge the creation of the post of the Cabinet Secretary and appointment of a non-IAS officer on the post, argues that the post of cabinet secretary may overshadow and undermine the post of chief secretary, who is governed by the All India Service Rules.
Singh, who was also given the status of a Cabinet minister in 2007, had relinquished the minister status while also choosing to shed the powers of chief secretary that were conferred on him through an amendment in the rules of business of the State Secretariat. He, however, continues to be the cabinet secretary and one of the most trusted men of BSP chief Mayawati.
Two Chief Justices on same Bench, HC to set new precedent
http://www.indianexpress.com/news/two-chief-justices-on-same-bench-hc-to-set-new-precedent/622773/0
Utkarsh Anand
Posted: Mon May 24 2010, 02:11 hrs New Delhi:
On monday when the Delhi High Court formally gets its new Chief Justice after three months, it is going to be an unprecedented affair for the state judiciary.
Justice Dipak Misra, the new Chief Justice, will be sharing Division Bench-I with Justice Madan B Lokur, also a designate Chief Justice expected to take charge at the Gauhati High Court in June.
Legal experts say it is for the first time that a Chief Justice has shared the Bench with a designate Chief Justice in the Delhi High Court.
Justice Lokur has been the acting Chief Justice of the Delhi High Court since February following the retirement of Justice A P Shah. While Justice Lokur will shed the tag of ‘acting’ Chief Justice after Justice Misra takes over, he will still be a designate Chief Justice till a formal declaration of his appointment by the government.
Senior advocate Neeraj Kishan Kaul says as per his memory and knowledge of the history of the Delhi judiciary, this going to be “a first”. “It certainly is a great advantage for the new judge to have the senior-most judge of the High Court on the same Bench. It not only shows the confidence of the new judge in him, but will also prove valuable for gaining knowledge of the rules and procedures of the new court, backgrounds, administrative functioning and several other such significant aspects,” adds Kaul, who went back to the Bar after resigning from the post of a Delhi High Court judge last September.
Concurring with the views, Ashok Agarwal, known for his PILs for good schooling for the Capital’s poor and powerless, says: “This is surely unprecedented and I am expecting of some great legal opinions from the Bench that has the two senior-most judges of the High Court. It must also be remembered that when two judges share the Bench, they are equal in stature.”
JUSTICE MADAN B LOKUR,56, born on December 31, 1953, is a graduate in History from St Stephen’s College. He obtained his law degree from the Delhi University in 1977 and enrolled the same year. He practised in the Supreme Court of India and the Delhi High Court and was subsequently registered as an Advocate-on-Record in the apex court. As he possessed vast experience in civil, criminal, constitutional, revenue and service laws, Justice Lokur became the Central government Standing Counsel from 1990 to 1996. He was designated as a Senior Advocate in February 1997 and appointed as Additional Solicitor General of India in 1998. Justice Lokur was appointed as an Additional Judge of Delhi High Court in February 1999 and a Permanent Judge that July.
JUSTICE DIPAK MISRA,56, has been transferred from the Patna High Court where he had been serving as the Chief Justice since December 2009. Born on October 3, 1953, Justice Misra was enrolled as an advocate in February 1977 and practised in constitutional, civil, criminal, revenue, service and sales tax matters in the Orissa High Court and the Service Tribunal. He was appointed Additional Judge of the Orissa High Court in January 1996. Justice Misra was transferred to the Madhya Pradesh High Court in March 1997 and became a Permanent Judge later that year. During his stint in Madhya Pradesh High Court, he also acted as the Executive Chairman of the State Legal Services. Justice Misra takes over as the new Chief Justice on Monday.
Junior prof’s promotion: PGI docs urge Talwar to wait for HC order
http://www.indianexpress.com/news/Junior-prof-s-promotion--PGI-docs-urge-Talwar-to-wait-for-HC-order/622749
Express News Service
Posted: Mon May 24 2010, 01:11 hrs Chandigarh:
Resentment is brewing among senior PGI professors, who have urged Director Prof K K Talwar not to implement the CAT orders vis-a-vis the promotion of Medical Superintendent Dr A K Gupta, till the Punjab and Haryana High Court takes the final decision.
In a letter written by the PGI Faculty Association, head professor A Rajwanshi has stated that if Gupta was made a professor with retrospect, as was ordered by the CAT earlier this year, the entire seniority list of the PGI faculty would be disturbed, which would lead to resentment among professors, who have waited much longer to attain professorship.
The association even said if seniority of the faculty was altered after the decision, there could be mass exodus of doctors from the institute.
“There is great resentment among senior people, which is demoralising and might result into mass exodus at some stage or the other,” the letter stated. The Health ministry has approved candidature of Dr Gupta, for retrospective promotion as professor since January 9, 1996, when his experience was only seven years, bypassing 40 professors senior to him, with 14 to 25 years of experience at the time of appointment as a professor.
The PGI faculty moved the High Court against the order and the case is pending. The ministry’s approval came after the CAT ordered in favour of Dr Gupta on February 24 this year. “All faculty members have been working at the institute for a longer duration than Dr Gupta. It is totally unjustified,” remarked the association.
Signature in a different language does not make will bogus: Bombay HC
http://www.dnaindia.com/mumbai/report_signature-in-a-different-language-does-not-make-will-bogus-bombay-hc_1386699
PTI
Sunday, May 23, 2010 16:35 IST
Mumbai: Signature in a language which is ordinarily not used by a person does not make the document bogus, the Bombay high court has held while validating a will.
The will in question was of one Smt Melwani, a Sindhi by birth. She had signed it in Gurumukhi, her mother tongue.
By this will, dated March 20, 1991, she had bequeathed her flat in suburban Bandra to her son, Giridhari Melwani.
Soon thereafer, she passed away. When Giridhari filed probate application in the high court to get the will validated, Veena Giridhari, her daughter-in-law, challenged it.
Veena contended that the flat in Bandra had been purchased from the funds given by her late husband Chandru, and the will was a bogus document, made to usurp the flat.
Apart from alleging that her mother-in-law was not in a sound state of mind, Veena's lawyer also pointed out that prior to the execution of the will, Smt Giridhari always signed in Urdu.
To prove this, two earlier Vakalat-namas (letters authorising lawyers) and the flat's nomination made by her was produced, all of which bore signatures in Urdu.
However, refuting the contention, justice Roshan Dalvi said in the judgment early this month that this was not too significant, as "since Urdu is a better known language, she could have signed those papers in Urdu language."
"That would not prevent her from signing her own will in Gurumukhi," the judge said, upholding the will.
To catch a thief
http://www.indianexpress.com/news/to-catch-a-thief/622766/0
SIDHARTHCHAUHAN
Posted: Mon May 24 2010, 01:54 hrs
In recent times, the controversy about the applicability of the Right to Information Act to the office of the Chief Justice of India has turned the spotlight towards concerns about accountability in the higher judiciary. However, the sustained focus on the top of the system also ensures that not enough scrutiny is directed towards the flaws in the administration of our lower judiciary. Last week’s report of a trial judge in Indore whose involvement in a criminal case caught up with him after 16 years of service, ( IE, May 21) highlights the shortcomings in the existing mechanism for oversight over judicial officers.
Contrary to popular perceptions, the Supreme Court does not have a direct say in the administration and supervision of lower courts. As per Article 235 of the Constitution, it is the high court in each state which exercises administrative control over the lower courts falling under its territorial jurisdiction. In this sense, the description of the position of the Chief Justice of India as a “serpent without fangs” cannot be easily rebutted since the CJI’s administrative authority is largely confined to the Supreme Court. For instance, the decision of Supreme Court judges to voluntarily declare their assets has not been followed by several high courts.
When it comes to matters such as the removal, suspension or disciplining of erring judicial officers in the lower courts, it is the chief justices of the respective high courts who have the final say. The usual practice is that the relatively senior judges of each high court are assigned administrative responsibilities for overseeing the performance of lower court judges in each district. Reports of misconduct are then inquired into by disciplinary committees consisting of high court judges. Even in the matter of recruitment of judicial officers, the high courts have a substantial say in the state judicial services examinations which are conducted by the respective State Public Service Commissions.
The over-reliance on the personal initiative of the designated administrative judge often creates a situation where the fate of all the judicial officers in a district depends on the whims of the former. While the ideal scenario is that of a vigilant high court judge who thoroughly examines the background and performance of all trial judges, the reality is far more complex. Just as a supervisor with an authoritarian bent of mind can strike fear in the minds of workers, an apathetic boss can create a climate of laxity and corruption. Reports of the prevalence of these two sums up the sorry state of judicial administration in most states. In many districts, judicial officers are burdened with the additional task of pleasing their respective administrative judges, which often sparks allegations about favouritism in appointments and protection from disciplinary proceedings. In the same vein, an easy-going administrative judge could overlook serious instances of misconduct on part of lower court judges.
There are two structural problems in the subordinate judiciary. The first is that the number of judges in our country is far too less to handle the increasing case-load. As of data available on September 31, 2009, there were 16,746 posts in the subordinate judiciary, out of which 13,946 were occupied. 2,800 vacancies in an already under-staffed and under-funded judicial system is certainly a cause for immediate action. The second problem is weak mechanisms for oversight and accountability. While the Judicial Standards and Accountability Bill has been designed with the higher judiciary in mind, the law ministry should examine proposals for accountability in the subordinate judiciary as well.
One suggestion is to amend the Constitution so that the supervision of the subordinate judiciary becomes a subject in the “Concurrent List” in the Constitution, thereby enabling the Central government to have some say in the matter. It is a well known fact that many state governments have been reluctant to release funds for the maintenance and upgradation of courts as well as the recruitment of more judicial officers. A certain degree of centralisation is necessary to give effect to the ongoing efforts, especially since the 13th Finance Commission has allocated more than Rs 5,000 crore for improving the judicial system.
The proposal for creating an All India Judicial Service also needs a meaningful push. At present, the judicial services examinations conducted in most states are merely a test of rote memory and do not attract the finest legal minds. Add to this, allegations of nepotism and favouritism in the interview component of the examinations. A centralised examination which tests analytical skills as well as legal knowledge could go a long way in ensuring uniformity in the quality of personnel recruited to the lower judiciary. Concerns about linguistic differences can be addressed by components in vernacular languages. In its present form, the proposal for an All India Judicial Service entails that 25 per cent of the officers of the rank of an additional district / sessions judge in each state will be drawn from all India cadre.
Apart from streamlining recruitment and pay of lower court judges, it is also important to give them opportunities for career advancement. At present, the composition of high courts is dominated by those who began as practitioners in the respective state capitals and only a small proportion of trial court judges are elevated to the high courts. This is also a factor which contributes to the unequal relationship between those from a “practicing” background and those from a “services” background. While changes to the higher judiciary are welcome, the real fortune — in terms of reform benefits — lies at the bottom of the pyramid.
The writer was law clerk to the Chief Justice of India from July 2008-May 2010
Train blasts trial will restart today
http://timesofindia.indiatimes.com/City/Mumbai/Train-blasts-trial-will-restart-today/articleshow/5966469.cms
Kartikeya, TNN, May 24, 2010, 01.31am IST
MUMBAI: Four years after the 7/11 serial train blasts, the trial in the case is scheduled to restart in a special court on Monday. Seven RDX bombs kept in first class coaches of Mumbai’s suburban trains exploded on July 11, 2006, killing 188 people and injuring 817. The ATS said the conspiracy was hatched in Pakistan and at least five of the 13 arrested persons had gone to that country for terror training. The police also said Pakistan-based Lashkar-e-Taiba (LeT) had used the banned organisation, SIMI, to engineer the blasts. The trial started in a special court in December 2007. However, matters could not progress as the accused had challenged the application of certain provisions of law. The legal dispute was finally settled by the Supreme Court in April this year before the trial court in Mumbai could hear the case again. The process involved a delay of more than two years. In 2007, Saeed Ahmed, son of 7/11 accused Sohail Shaikh Shabbir Masiullah arrested for the 2006 Malegaon blast, and Zameer Rehman, accused in the Aurangabad arms haul case, had filed petition in the Bombay high court challenging the constitutional validity of MCOCA. When the HC upheld the decision to slap MCOCA, the accused moved the Supreme Court in 2008 and it stayed their trials. But now with the Supreme Court’s order, decks have been cleared to restart the trial of the 13 accused.
Evidence against Faheem, Sabauddin 'doubtful', says 26/11 court
http://timesofindia.indiatimes.com/india/Evidence-against-Faheem-Sabauddin-doubtful-says-26/11-court/articleshow/5969899.cms
PTI, May 24, 2010, 09.13pm IST
MUMBAI: The 26/11 special court has come down heavily on the prosecution and investigating agency for submitting "doubtful" and "fragile" evidence against accused Faheem Ansari and Sabauddin Ahmed that led to their acquittal in the Mumbai terror attack case. "The evidence of the only prosecution witness is doubtful and unreliable. The investigating agency has failed to provide quality evidence against the duo (Faheem and Sabauddin)," the 1600-page judgement, a copy of which is with PTI, said. The court had acquitted Faheem and Sabauddin on May 3 by giving them the benefit of doubt. Witness Nooruddin Shaikh had deposed in court that he and another person, Bharat Thakur, had travelled to Nepal in January 2008 where he saw Ansari hand over maps of Mumbai target locations to Sabauddin at a Kathmandu guesthouse. According to the prosecution, these maps were used by the Pakistani terrorists, including Ajmal Kasab, and one such map was found in the trouser pocket of slain terrorist Abu Ismail. "Shaikh has not produced any documentary evidence of his travel and stay at Nepal. The witness has admitted that a record is maintained at Sonavali border with regard to entry of persons into Nepal. He was not able to produce any entry slip. The investigating agency has not made any attempt to collect this evidence and not even tried to verify if Shaikh had visited Nepal," the court observed. "The prosecution has also not examined Bharat Thakur to corroborate Shaikh's evidence. The prosecution's explanation that Thakur is not traceable is very feeble and does not appeal to the court's reason," the judgement states, adding Thakur was one of the most important witnesses to prove the prosecution's case against Faheem and Sabauddin. The court accepted the arguments of Faheem's lawyer R B Mokashi that there were no wrinkles or bloodstains on the map recovered from the body of Ismail. "In my consideration, had the map remained in the trouser pocket of Ismail for such a long time it would have in fact been spoiled to a large extent. This evidence is thus highly doubtful," Judge Tahaliyani observed. All the evidences submitted by the prosecution to connect Faheem and Sabauddin to the 26/11 terror attack case are found to be "doubtful and tainted", the court remarked. "There are many loose ends and there is scope of doubting each and every piece of evidence. I do not think such fragile pieces of evidence are sufficient to prove the charges against Faheem and Sabauddin," it states. "The main conspirators had used best available technology like VOIP and Google Earth. Therefore this rustic sketch map allegedly prepared by Faheem does not fit in the scheme of the conspirators," Judge Tahaliyani observed.
26/11 court indicts some cops for 'cowardice'
http://timesofindia.indiatimes.com/india/26/11-court-indicts-some-cops-for-cowardice/articleshow/5969907.cms
PTI, May 24, 2010, 09.16pm IST
MUMBAI: Though the Mumbai police came in for praise for taking on the terrorists during 26/11 attacks, the special court which conducted the trial has criticised personnel of Azad Maidan police station, saying they acted in a "cowardly" manner and "ran away" instead of stopping the militants. Instead of coming to the aid of Additional Commissioner Sadanand Date, who engaged the terrorists in a gunfight on the terrace of Cama Hospital and got grievously injured in the process, the officers from the police station possibly "ran away", Judge M L Tahaliyani said in the judgement, a copy of which was made available to PTI on Monday. The police station is at a stone's throw from Chhatrapati Shivaji Terminus and Cama Hospital where Ajmal Kasab and his companion Abu Ismail killed scores of people. After firing indiscriminately on the passengers at CST, Kasab and Ismail proceeded to Cama Hospital, and went up to the terrace. Date had rushed to the hospital after instructing constable Suresh Kadam to go to the police station, collect some bulletproof jackets, weapons and ammunition, and come to the hospital. But, as according to Kadam's testimony, he along with Senior Police Inspector Thorawade and four others went only upto the rear gate of the hospital in a Bolero jeep and did not venture further. Noting that other witnesses had mentioned that the Bolero was parked at the hospital's rear side, Judge said "It is therefore possible that witness no. 138 (Kadam) and others had entered the Cama Hospital and ran away back... apprehending danger to their lives as around this time(11.45 pm) the accused had come out of the hospital." "This definitely is cowardliness and lack of devotion towards duty," the judgement said. The judge had orally observed earlier that had Sadanand Date got timely help, Kasab and Ismail could have been stopped at the hospital itself and further incidents could have been averted. On the role of Inspector Thorawade, the court has noted that he was in-charge of Azad Maidan police station, but "lacks courage to take initiative" and as a result, those accompanying him, including Kadam, "could not do anything to stop the accused". "I am aghast to note that witness no. 128 (Thorawade) did not even bother to go to B.T Road despite the fact that he had seen the accused entering the road.... Authorities will take care of the attitude of this officer on the night of the incident."
Aarushi crime scene disturbed intentionally: CBI sources
http://timesofindia.indiatimes.com/city/delhi/Aarushi-crime-scene-disturbed-intentionally-CBI-sources/articleshow/5966433.cms
Pervez Iqbal Siddiqui, TNN, May 24, 2010, 02.46am IST
LUCKNOW: Over two years after the murder of Aarushi Talwar and her families' domestic help Hemraj in Noida, the CBI team probing the case has zeroed in on one of the first few individuals who visited the crime scene for tampering with evidence. The focus is particularly on those who visited the site right after Aarushi's murder came to light, but before the body of Hemraj was traced. Aarushi was found murdered in her Jalvayu Vihar Colony flat in Sector 20 police station area of Noida on May 16, 2008. The next day, Hemraj — who was missing since the teenager's body was discovered and was hence suspected to be the murderer — was found dead on the terrace of the building. Investigators are believed to have reached the conclusion that quite a few things at the crime scene were shifted from their original positions which hampered investigations. Initially, it was assumed to be because of carelessness of the family or visitors who came to offer their condolences. However, sources say, it now stands established that most of the things were shifted from their original place by/at the instance of only one individual. The actions that are suspect, include the disposal of the blood-soaked mattress that was on Aarushi's bed when she was murdered. Sources in the CBI say that the sleuths are of the view that there was some mala fide intention behind shifting the objects in question. The agency is planning to soon summon all those who visited the crime scene before Hemraj's body was found, to establish this. Officials are not ruling out some arrests either. The spotlight now is also on some family friends/social contacts of the Talwars who have not so far been screened by the investigators. These include at least one woman doctor based at Noida, apart from four other individuals. Meanwhile, on Saturday, sleuths completed their latest round of questioning of the Talwar couple in Dehradun, that started from May 19, 2010. The agency had summoned the Talwars to Dehradun to keep the investigations away from the media glare.
Is television more powerful than SC?
http://blogs.timesofindia.indiatimes.com/TheSiegeWithin/entry/is-television-more-powerful-than
M J Akbar, 23 May 2010, 12:55 AM IST
The Supreme Court is rather less supreme than its nomenclature might suggest. It can pass a death sentence, but cannot execute it. The pun is unintended but apposite. Government dare not disobey the court, but subversion is always an option, which is why Afzal Guru has still not encountered his moment with justice.
Pace, or the lack of it, is the preferred form of subversion. It took one formal letter and 15 reminders over four years from the Union home ministry to the Delhi government to shuffle the Guru file towards its next legal step, the office of the lieutenant governor of Delhi. This is not snail mail. This is blackmail.
What fear, or perception of fear, persuaded the Congress government in Delhi to delay the death sentence of Afzal Guru? As ever, there is someone who drops a clue; as usual, it has been dropped by mistake. When the Delhi government did activate due process, about four years too late, on May 18, its official spokesman told media, "The government…does not have any objection (to the death sentence). But the Centre must examine the law and order implications if the death sentence is executed."
What could the phrase "law and order implications" mean? Did the official imply that Delhi's citizens would erupt in anger, destroy public property and bring the capital to a halt because they were livid at the execution of a convicted terrorist? Or did he believe it would lead to a massive invasion by Guru's fellow terrorists? Terrorists are not waiting for a file to crawl from point A to B; Guru's life, or death, is immaterial to their programme. Their summer infiltration from bases in Pakistan-occupied Kashmir is in full flow. There are near-daily reports of firefights and battles with the Army in Kashmir. Stockpiles of arms have been discovered this week during combing operations around Kupwara.
What, then, was the anonymous but widely quoted Delhi official so anxious about? Shall we mention what he left unmentioned? Was he warning the Centre that Indian Muslims would react by instigating violence, and the very prospect was sufficient to terrify the mighty government of the Union of India into frozen chicanery?
This is communal and racial profiling at its worst. In effect, the Congress government is saying that Indian Muslims treat a convicted terrorist as their icon. If this is the secret reason why Afzal Guru is still alive, then Delhi has lost its sanity.
Chidambaram could have activated the Guru file at any time during the last 18 months he has been home minister; all he had to do was pick up the phone. It isn't as if the government of Delhi is based in Pakistan, and needs periodic dossiers on Afzal Guru. Chidambaram did not do so because he did not want to do so. Nothing happened for four years, and lots more of nothing would have happened were it not for the public reaction to the Kasab verdict. Even as Indians cheered (including, since the two blindsided governments of Delhi appear not to have noticed, in Mumbai's Muslim areas) they were also reminded of the fact that an earlier Kasab was sitting comfortably in jail because the government had lost its nerve. Their anger was evident.
It was only a question of time, and intent, before someone asked RTI for the documents, and since they were not secret, they entered public space. A TV news channel got them, and pointed out the obvious: Guru was the beneficiary of political indecision. When public opinion prodded the government in the pants, the dormant file began to spurt.
Governments protect who they will, and punish those they want to. The system has collaborated to keep Sajjan Kumar beyond the reach of judgment a quarter century after the Sikh riots of 1984. This week's reason for another pause in the judicial process is a typo. The CBI pointed out, virtuously, that Section 339 has been mentioned instead of Section 449 in the order on filing of charges. This is where we are after 25 years, discussing the order on filing of charges. Where are all the award-winning human rights activists who pursue perpetrators of riots? Maybe they will turn up on the 30th anniversary of 1984.
We have a law now that prevents underage children from being sent to prison. By 2014 they should have a law in place by which anyone above retirement age could serve out a sentence in his personal air-conditioned drawing room. That would keep Sajjan Kumar safe till God was ready to pass His judgment.
Unless, of course, the Ultra Supreme Court of Television intervened, and even that might be too little, too late in the case of Sajjan Kumar.
Force should be met with force
http://blogs.timesofindia.indiatimes.com/right-and-wrong/entry/force-should-be-met-with
Swapan Dasgupta, 23 May 2010, 12:33 AM IST
Earlier this year, a fashionably 'progressive' essayist lauded India's Maoist terror squads as "Gandhians with a gun", a description that is about as persuasive as 'celibate rapist'. Not that either mockery or public anger plays any role in tempering the perversity of those who flaunt democracy only to subvert it. In the wake of the second massacre in Dantewada in two months, the experts of terror have raised their sophistry to bizarre heights.
Take the justification of the May 17 blast that killed 44 bus passengers – all local inhabitants and all poor. Since the earlier claim of paramilitary forces being a legitimate target is clearly untenable, it has been suggested that the presence of a few off-duty special police officers in the bus was a direct provocation. "If there were indeed civilians in the bus," writer Arundhati Roy told The Times of India, "it is irresponsible of the government to expose them to harm in a war zone by allowing police and SPOs to use public transport."
The logic is revealing: anyone remotely connected with the state, even a SPO drawing a pathetic Rs 3,000 allowance each month, is an enemy and must face the bloody consequences. It is further implied that by using public transport, these functionaries are inviting collateral damage on fellow passengers. The real Mao once wrote that "revolution is not a dinner party"; his disciples have reminded us that there is no place for squeamishness and table manners.
How the conduct of these armed 'Gandhians' squares with the Mahatma who called off the Non-Cooperation movement in 1922 after an angry mob killed 23 policemen in Chauri Chaura, is best brushed aside. For the moment, it would be unwise to disregard the menacing overground message from the underground.
Those who can conduct military operations with such ruthless efficiency have long lost the right to be called "misguided ideologues" and treated with benevolent indulgence. What is the difference between Kasab and the Maoists who ambushed the CRPF jawans on April 6 and detonated a deadly explosive under a bus last week? Kasab believed that he was part of God's army and that every Mumbai resident was a legitimate target for murder. The Maoists too believe they are a People's Liberation Army waging war on the state and its flunkeys.
The only obvious difference is that while Kasab came from Pakistan, the foot soldiers of the Red army are Indian by birth. In every other respect, the Islamists and the Maoists are the same: both have transformed grievance and utopia into inhumanity. They may well have had a place in the statecraft of preceding centuries; judged by contemporary norms, they have forfeited all claims to human rights.
It is important to stress the mismatch between Maoist insurgency and Indian democracy, if only to drive home the necessity of a unified response from both the state and civil society. The argument that equitable economic development will blunt the anger of those who resent their marginal status is true only up to a point. However, if the benefits of state welfare and the market economy are to reach every corner of India, it is necessary for the state to be in physical control of territory. The Maoist approach is not to present the wretched of the earth with a revolutionary alternative that can compete with bourgeois politics on equal terms. It aims to exercise a military stranglehold over a region and either intimidate or eliminate dissent. Maoists don't believe in choice; they are committed to total control.
It's literally a chicken and egg situation. Sonia Gandhi may feel that NREGA and a Food Security Act will deliver the deviants to the Indian Constitution and isolate the doctrinaire Maoists. However, the district administration and the panchayats need to be physically present to undertake good works. To undertake Bharat Nirman in a large chunk of forested, central India, the state must uproot an illegal military presence first. The development route to counterinsurgency is, ironically, prefaced on a military victory. Reduced to essentials, the difference between the hardliners and the appeasers is one of articulation.
It may be tactically prudent to keep the language of retaliation less robust and peppered with piousness but there is no escaping the fact that the Maoist leadership will not be moved by either persuasion or bribery. To make Maoism unattractive to frightened villagers, force will have to be met with force. Siddharth Ray showed the way in West Bengal in the 1970s.
Unlike separatist movements that can be coerced into compromise, there is no halfway house in confronting Communist insurgencies. In the war for state power, it's either us or them. One side has to yield. The choice is stark: it's either Maoism or the democratic way of life.
PGI doc booked under Dowry Act
http://timesofindia.indiatimes.com/city/lucknow/PGI-doc-booked-under-Dowry-Act/articleshow/5966793.cms
TNN, May 24, 2010, 05.34am IST
LUCKNOW: A Sanjay Gandhi Post-graduate Institute of Medical Sciences (SGPGIMS) doctor was booked under the Dowry Act following a complaint from his wife at Kaiserbagh police station on Saturday. According to complainant Ranjana Bharti, daughter of R R Bharti, director general of medical health and resident of Kaiserbagh, her husband, Dr Gyan Chand, a doctor in SGPGIMS and a resident of Haridwar, started demanding dowry after eight months of their marriage on November 29, 2005. Initially, she tried to ignore his demand thinking that everything would be fine in a few months. However, the situation didn't improve and Ranjana left her husband's house on SGPGI campus and started living with her father in Kaiserbagh. However, on May 21, Ranjana's husband came to her and forcefully tried to take away their 3-year-old son. Ranjana alleged that he started demanding Rs 10 lakh and even threatened her. A case against Dr Gyan Chand was lodged at Kaiserbagh police station and the matter was being investigated.
A writ issued by Kiwi Chris Cairns against Lalit Modi
http://www.allindiatoday.com/7434/a-writ-issued-by-kiwi-chris-cairns-against-lalit-modi
Posted by Shailesh Vyas on 5/23/10
Chris Cairns, the former New Zealand all rounder acted on his threat to sue Lalit Modi and initiated legal action against the suspended IPL commissioner. Cairns submission to join IPL of this year was rejected by the powerful chairman of the Indian Premier league Lalit Modi. Modi barred him from the tournament and stated in his twitter page that the Kiwi was removed due to ‘his past in match-fixing’. January, the name of Cairns was taken off the list of players auctioned for the 3rd Indian Premier League and Modi suggesting that he was involved in match-fixing.
For his distress, Chris reported claims against IPL Commissioner and the writ was issued in the High Court, London, on Friday. He said on Saturday, “I had no alternative but to sue Mr Modi for libel.” He also said, “Until he retracts what he has said, my name will always be tainted by the cheat label. Instead he chose to make his allegation in public and to repeat it in public. For any doubting Thomases out there, I have never rigged a match.”
In the ICL, he was captain in the Chandigarh Lions and due to fitness issues, he insist his sacking in 2008. Before that his sister Louise died in a train accident in 1993. Cairns setup his own foundation to increase rail safety awareness in New Zealand and walked 1000 km. Cairns told, “We are trying to have Modi served with papers. We’re going through that process in India but it takes time to get through the court system. We’re waiting for him, though.”
39 years old Chris Cairns now living in Dubai and probable he will never play cricket again. He also said, “Cricket was not part of my life at the moment. It’d be great to help out in a New Zealand capacity one day but because of what has happened I’m a bit of a poisoned chalice, really.”
Operators move telecom tribunal against TRAI
http://beta.profit.ndtv.com/news/show/operators-move-telecom-tribunal-against-trai-54555
NDTV Correspondent & Agencies, 24 May
GSM operators Bharti, Vodafone and Idea have moved Telecom Disputes Settlement & Appellate Tribunal (TDSAT) against TRAI's 2G spectrum recommendations.Among its many recommendations on pricing of 2G spectrum, the Telecom Regulatory Authority of India, recently suggested pricing 2G spectrum at the same rate and in some cases at 2.5 times the rate of 3G spectrum. It also asked operators like Bharti, Vodafone etc to vacate spectrum in 900 MHz band when their licences come up for renewal.These issues are crucial for incumbent mobile operators as paying higher fees for existing as well as future 2G spectrum will be a big financial burden, especially for telcos like Bharti, Vodafone and Idea.These players are also opposing vacating 900 MHz spectrum because that will mean moving from a more efficient spectrum band to a less efficient one.
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Vyas wants more teeth for NCW
http://www.ptinews.com/news/664703_Vyas-wants-more-teeth-for-NCW
STAFF WRITER 14:33 HRS IST
Srinagar, May 23 (PTI) NCW Chairperson Girja Vyas today pitched for making the Commission more powerful to handle the situation arising out of increasing incidents of harassment of women."The need of the hour is to make the Commission more powerful to handle the situation arising out of increasing harassment of women with each passing day," Vyas said in her inaugural address at a workshop organised by the State Commission for Women (SWC) here."There are stringent laws in this regard (to check harassment of women) which need to be implemented firmly", she said.Vyas said the Commission has submitted seven new draft laws to the Centre. However, she did not elaborate.Students from various educational institutions and several NGOs, besides a large number of women participated in the workshop.She said NGOs and social organisations should come forward for empowering women in every field.
What's the rating?
http://www.hindustantimes.com/What-s-the-rating/Article1-547368.aspx
Hiren Kotwani, Hindustan Times
Email Author
New Delhi, May 23,
It might seem to many that the wait for Prakash Jha and UTV to get the censor certificate for Raajneeti got longer. But Jha asserts that unanticipated developments will not affect the release date. The filmmaker is now moving the appellate tribunal against the revising committee’s decision to grant an ‘A’ certificate with certain cuts in the movie.
Wonder if the National Award-winning filmmaker plans to postpone the release of his film in lieu of the revising committee’s decision? “It depends on how early the tribunal reviews and clears the film. But I’m sure Raajneeti will release on June 4.”
The film top-lining Katrina Kaif, Ranbir Kapoor, Nana Patekar, Ajay Devgn, Naseeruddin Shah and Arjun Rampal, has been in the news for the last couple of months since it was reported that Katrina Kaif’s character is based on Congress president, Sonia Gandhi.
When asked if that had irked the Censor Board and had them objecting to certain portions of the film, Jha snaps, “I don’t know if anything has triggered off anything in the minds of the members of the examining committee or the revising committee. I can’t comment. But from the onset, I’ve been saying that Katrina’s character is not based on Sonia Gandhi and I continue to maintain that.”
Buzz is that the Congress party workers and office bearers contacted him, asking for a special screening of the film for Sonia Gandhi. Jha rubbishes the rumours and says that no one has approached him yet.
Everyone’s welcome“I’m ready to show my film to anyone who wants to see it. I have no problems with anyone over anything. Raajneeti is a work of fiction, it’s a story of a family in politics and the politics of power.”
Reportedly, the examining committee, which viewed the film on Wednesday, was unsure of the certificate that should be issued to it. While some members felt that it should be given a ‘U/A’ rating with cuts, others felt that an ‘A’ certificate without any changes was appropriate for the political drama.
The revising committee finally saw Raajneeti on Thursday and cleared it with ‘A’ certificate but asked for some changes. The revising committee has asked for dialogue like Vidhwa vote le jaayegi (The widow will take away the votes)’ to be deleted from the film.
The members also felt that the level of violence and foul language is higher than tolerable levels. They also feel that the intimate scenes between Ranbir Kapoor and Sarah Thompson, and Arjun Rampal and Katrina Kaif are quite bold. Jha gets agitated when asked if he would give in to the cuts if the appellate tribunal upheld the revising committee’s verdict of ‘A’ certificate with the recommended changes.
“That’s is undue speculation. Why do you ask if I’d agree to the changes until the appellate tribunal decides? Let the tribunal review the movie and then, we shall see,” he states.
Police preparing case against SIMI
http://www.hindustantimes.com/Police-preparing-case-against-SIMI/Article1-547315.aspx
Vignesh Iyer, Hindustan Times
Email Author
Mumbai , May 23, 2010
A special Unlawful Activities (Prevention) Act tribunal will conduct a hearing on the banned Students Islamic Movement of India (SIMI) in the Bombay High court on May 28 and 29.
“On these dates, the police will produce the evidence gathered against the organisation and will seek a ban on it for two years,” said advocate Mobin Akhtar, who is representing SIMI. He said the tribunal goes to every state once in two years and the police present their case against SIMI. “This is a routine exercise,” he added.
SIMI, an Islamic student organisation formed in April 1977, was banned by the Indian government in 2002, for its alleged involvement in terror acts. On August 5, 2008, the special tribunal lifted the ban on SIMI. The Supreme Court brought back the ban the next day.
Under UAPA, an organisation can only be banned for a maximum of two years, after which the government needs to go to the tribunal to get the ban extended. Mumbai Police, in a press note, have asked anyone with any evidence against SIMI to submit it to the tribunal by way of an affidavit.
“The police do not have any fresh evidence against SIMI, and one person's wrongdoing cannot be attributed to the entire organisation,” Akhtar said. He said the police are only submitting what they already have earlier.
SIMI has been accused of carrying out bomb blasts across India, including the 2006 train bombing and the blasts in Malegaon. Police had arrested SIMI members and charged them with carrying out these attacks.
Activists of the organisation have also been accused of being part of several earlier bombings in Mumbai, in 2003, in which more than 50 were killed. SIMI leader Saqib Nachan was alleged to have been behind those blasts.
A government crackdown on SIMI followed the ban, and its senior leaders were arrested. Currently, of SIMI’s important leaders, Safdar Nagori is under arrest, Subhan Qureshi is absconding.
CAT dismisses BSNL employees' plea for quashing exam
http://www.ptinews.com/news/664403_CAT-dismisses-BSNL-employees--plea-for-quashing-exam
STAFF WRITER 9:28 HRS IST
New Delhi, May 23 (PTI) The Central Administrative Tribunal has held that a candidate cannot challenge the examination procedure after voluntarily appearing in it.The Tribunal passed the judgement while dismissing a plea of seven BSNL employees who had appeared for the departmental examination but failed to qualify.Naresh Singh and others sought to declare the examination as invalid on the grounds that the procedure adopted by the PSU was "arbitrary and violative of their fundamental rights".Rejecting their plea, the Tribunal said the aspirants were well acquainted with its methodology much before the result was declared and it was not permissible for them to challenge it."The applicants were fully aware of the syllabus, they appeared in the exam and it is only after they failed that they are challenging the examination process.
NCW chairperson congratulates Omar
http://www.ptinews.com/news/664230_NCW-chairperson-congratulates-Omar
STAFF WRITER 20:42 HRS IST
Srinagar, May 22 (PTI) Chairperson of National Women Commission Girja Vyas today congratulated Jammu and Kashmir Chief Minister Omar Abdullah for bold stand of his government in passing Women's Domestic Violence Act, 2010.Vyas, currently on a visit to the state, called on the chief minister.While appreciating the steps taken by the State Government for empowerment of women, Vyas said the time has come, when the State Government should take steps for transferring legal and judicial powers to the State Women Commission in tune with Central Women's Commission so that their action would be more affective, an official spokesman said after the meeting.The State Chairperson of Women's Commission, Shamima Firdous was present during the meeting.Omar assured Vyas that State Government is committed to take all possible steps to safeguard women folk from any domestic harassment or any kind of mental torture.
About Me
- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
Monday, May 24, 2010
Sunday, May 23, 2010
LEGAL NEWS 23.05.2010
Will study HC order on IHF and decide action:Gill
http://www.ptinews.com/news/664130_Will-study-HC-order-on-IHF-and-decide-action-Gill
STAFF WRITER 19:43 HRS IST
New Delhi, May 22 (PTI) Sports Minister MS Gill today said his ministry would study the Delhi High Court verdict reviving the Indian Hockey Federation (IHF) before deciding on the next course of action.The Delhi High Court yesterday quashed Government and Indian Olympic Association (IOA) orders derecognising and disaffiliating IHF in 2008 after its secretary K Jothikumaran was caught on camera taking bribes to select a player.Reacting to the order, Gill said, "I have not received a copy of the order, just read it in the newspapers. But my answer is simple. Whatever the High Court ordered, we have to accept that. My ministry will read it, think over it and then decide what to do."After disbanding IHF, IOA first set up an ad hoc committee and then put in place Hockey India, merging men and women's units, as directed by the International Hockey Federation (FIH).
Punjab & Haryana HC has 16 ‘uncle judges’http://www.tribuneindia.com/2010/20100523/main6.htm
Saurabh Malik/TNS
Chandigarh, May 22The Punjab and Haryana High Court has as many as 16 Judges with their kith and kin practising in the same court. The Chief Justice of the Punjab and Haryana High Court has already forwarded their list to the Union Ministry of Law and Justice.
The list was sent in response to a communication received by the high court from the ministry. In the beginning of this year, the ministry had asked the high courts across the country to identify and furnish the list of all such judges who have their kith and kin practising in the same court.
Available information suggests that some of the judges here not only have their sons, daughters but also their siblings and other relations like nephews and brothers-in-law practising in the same court. At least four judges have their relatives working in the office of the Punjab and Haryana advocates-general office. Some other judges have relatives appearing before the Bench in the same court.
The list forwarded by the high court mentions the names of Justice Adarsh Kumar Goel, Justice Ashutosh Mohunta, Justice M.M. Kumar, Justice S.K. Mittal, Justice Hemant Gupta, Justice V.K. Sharma, Justice TPS Mann, Justice Mahesh Grover, Justice S.D Anand, Justice K.C Puri, Justice K.S. Ahluwalia, Justice Sabina, Justice Jora Singh, Justice M.S. Sullar, Justice Gurdev Singh and Justice Harbans Lal.
The issue again gained momentum only recently after Union Law Minister Veerappa Moily told The Tribune in an exclusive interview that the Law Ministry was asking the judges to give an undertaking at the time of their elevation that they would not function in a court where their relatives were practising.
Moily’s assertion had come in the presence of Attorney-General Goolam E. Vahanvati, Additional Solicitor-General Mohan Jain and Haryana Chief Minister Bhupinder Singh Hooda at a ceremony to felicitate the law minister.
The Law Commission has discussed the issue in its 230th report as well. The commission has made it clear that it is against the policy of transferring Chief Justices; and he should rather be from the same high court. But while making appointment of judges, advocates with kith and kin practising in a high court, should not be posted in the same high court. This would eliminate “uncle judges”, it said.The Punjab and Haryana High Court’s former chief justice, Justice B. K. Roy, too had earlier issued an administrative order barring a group of 10-12 judges from hearing any case argued by their relatives. In his order, Justice Roy had said: “It was generally believed that A, B, C and D (all judges) constituted a mutual cooperative society in the sense it was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.” The order had led to widespread protests.
List of judges
Justice Adarsh Kumar Goel
Justice Ashutosh Mohunta
Justice M.M. Kumar
Justice S.K. Mittal
Justice Hemant Gupta
Justice V.K. Sharma
Justice TPS Mann
Justice Mahesh Grover
Justice S.D Anand
Justice K.C Puri
Justice K.S. Ahluwalia
Justice Sabina
Justice Jora Singh
Justice M.S. Sullar
Justice Gurdev Singh
Justice Harbans Lal
HC quashes rules framed by CIC prescribing appeal procedure
http://www.zeenews.com/news628591.html
Updated on Sunday, May 23, 2010, 09:49 IST
New Delhi: The Delhi High Court has struck down the rules framed by the Chief Information Commissioner on procedure for deciding appeals before it under the RTI, saying the CIC has no power to enact such regulations under the transparency law. "The Chief Information Commissioner has no powers to make rules under the RTI Act. Both the 'appropriate government' and the 'competent authority' have been empowered by the Rules to make rules to carry out provisions of the Act," a bench of Justices Badar Durrez Ahmed and Veena Birbal said.
"The CIC by formulating the regulations and prescribing the procedure for deciding appeals, has clearly violated the provisions of the RTI Act," it said. The order was passed on a plea of DDA seeking quashing of Central Information Commission (Management) Regulations, 2007 enacted by the Commissioner to decide procedure for special appeals before itself.
The court said the Act did not empower the CIC to make any regulations encroaching upon the subject matter of the rule-making power of other public bodies and the regulations had been framed in complete derogation of the provisions of the RTI Act. While deciding on the appeal, the bench also ruled that the Commission has no mandate to appoint committee having outside members to inquire into whether public body complied with the transparency law. Interpreting the provisions of the Act, dealing with powers and functions of the Commissions, the court said "It is apparent that the inquiry that is contemplated under the Act is an inquiry by the Information Commission itself. There is no provision for an inquiry to be conducted by any other committee for and on behalf of the Information Commission." "There is nothing prescribed either in the Act or the Rules made thereunder, whereby the Central Information Commission could be said to have been empowered to delegate its power of inquiry to some other person or a committee of persons," it said. PTI
HC directs OSLSA to probe into Kalinganagar violence
http://www.ptinews.com/news/664279_HC-directs-OSLSA-to-probe-into-Kalinganagar-violence
STAFF WRITER 21:49 HRS IST
Cuttack, May 22 (PTI) Orissa High Court today directed the Orissa State Legal Services Authority (OSLSA) to conduct an enquiry into recent violence at Kalinganagar in Jajpur district.Chief Justice Venkatgowda Gopalagowda and Justice Laxmikant Mohapatra, hearing a PIL filed by lawyer and social activist Ramachandra Ray, directed the member-secretary of OSLSA to submit the report by Thursday next.The petitioner had alleged state government-sponsored anarchy at Kalinganagar and had demanded a CBI or Human Rights Commission probe into the chaos and lawlessness in the area.Violation of human rights is rampant in the locality and tribal people are forcibly evacuated from their homes in Kalinganagar where the government is setting up a common corridor road to facilitate different industrial units coming up in the area, the petition had alleged.
Outgoing CJI, K.G. Balakrishnan, admits of corruption in judiciary
http://www.newsofap.com/newsofap-14813-25-outgoing-cji-kg-balakrishnan-admits-of-corruption-in-judiciary-newsofap.html
Emphasizing that there is 'miniscule' corruption in the higher judiciary, outgoing Chief Justice of India (CJI) K.G. Balakrishnan on Monday said he felt sad that motive had been attributed to him in Karnataka Chief Justice P.D. Dinakaran's case even though all norms had been followed."No politician would like to come and meet a judge because he would be in trouble if the judge exposes him," the outgoing CJI, who demits office on Tuesday, told a television news channel, in response to a question on whether politicians or government functionaries ever try to approach judges to influence a verdict.When asked about several cases of judicial misconduct that have surfaced in the recent past, Balakrishnan said: "Corruption in any instance will bother any Chief Justice but considering the number of cases, the number of judges in this country, it (corruption) is only miniscule."The CJI also lamented that he had come under a cloud while dealing with allegations against former Karnataka Chief Justice Dinakaran, who has been accused of judicial misconduct and misappropriating government land.While refusing to answer whether Justice Dinakaran was transferred to the Sikkim High Court, he said: "Normally we don’t disclose all these things (but) some motives were attributed to me also. I felt sorry for that. We worked systematically, following all norms and so I felt sad when somebody attributed motives on something. Then you feel bad about it."Speaking on the issue of post-retirement assignments for judges of the higher judiciary, Balakrishnan sought to discount the popular impression that "the Supreme Court judges may favour the government to get these posts".He said the number of tribunals needing the services of retired judges far outnumber the retired judges."People think that Supreme Court judges may favour the government to get these posts. But it is the other way: there are an insufficient number of judges to man these tribunals," said the CJI.The CJI said: "Recently, I got letters from the government to suggest two names for two tribunals (but) we don't have judges because after justice Tarun Chaterjee there has been no retirement.""You see many of the tribunals are manned by retired judges of the Supreme Court. How (else) will we carry on this work of the regulatory authorities as we are now in a regulatory regime."On whether he would be accepting the government's offer to man the post of national Human Rights Commission chairperson after his retirement, the CJI said: "I am not sure. I have not made up my mind on this."The CJI, who recently gave verdict on high-voltage Ambani brothers gas dispute, said that he never felt any pressure while adjudicating any case."I have never felt any pressure in any case that I have heard," he said adding that "people do not understand the working of judiciary.” Date : 10/05/2010. News by Newsofap.com
Moily: Centre for changes in Memorandum of Procedure of appointment of Judges
http://beta.thehindu.com/news/national/article436132.ece
J. Venkatesan
So that the Executive will have more say in the appointments
The Centre is contemplating certain changes in the Memorandum of Procedure of appointment of Judges under, which the Executive will have more say, according to the Union Law Minister Veerappa Moily.
In an exclusive interview to The Hindu here on Thursday, Mr. Moily speaking on a wide range of issues said, at present the system of appointment of Judges was governed by the Supreme Court 1993 and 1998 judgments and the Memorandum of Procedure, viz. the collegium system of appointment, was evolved subsequent to the 1998 judgment.
He said the government after obtaining the opinion of the Attorney General G.E. Vahanvati on the two judgments had proposed certain changes in the procedure so that the Executive would have more say in the appointments even at the stage of selection of judges to weed out tainted persons from being appointed. He said the proposal was sent to the former Chief Justice of India K.G. Balakrishnan for his consideration. However, Justice Balakrishnan had left it to the present CJI S.H. Kapadia for his consideration and “we are awaiting his decision in this regard.” He pointed out that there were about 280 vacancies of posts of judges in the High courts and the government wanted to take the judiciary into confidence before any major step was contemplated.
Asked what would be the government's response if the CJI did not accept the changes in the Memorandum of Procedure, he said, “we will have to go in for Constitution amendment to bring in necessary changes. I don't think such a step is required at this stage. We are confident that the judiciary will accept these changes as they are in conformity with the two Supreme Court judgments.”
On the Judicial Accountability Bill, he said, the Group of Ministers had cleared the Bill and it would be introduced in the monsoon session of Parliament. It was expected to be placed before the Cabinet shortly, he said. Under the Bill there was a move to appoint an Oversight Committee to go into complaints against judges. The committee was empowered to recommend minor and major punishments like asking the judge concerned to go on leave or not to assign any work to him, giving him a warning or censure besides the removal procedure.
Regional Benches
Asked whether the government was in favour of setting up of Supreme Court Benches, he said, the government was not in favour of regional Benches. But as in the United Kingdom, he said, “we are contemplating courts of appeal in various regions to restrict the appeals in criminal and civil cases so that the Supreme Court can concentrate on constitutional matters.”
On the move to increase the retirement age of High Court judges from 62 years to 65 years, he said, the government was considering the proposal to make the retirement age of High Court judges on par with Supreme Court judges. But he said there was no proposal to increase the retirement age of Supreme Court judges from 65 to 68 years. He, however, said that no final decision had been taken in the matter.
Patna High Court allows screening of Kites in Bihar
http://bihartimes.com/Newsbihar/2010/May/Newsbihar22May3.html
Patna,(BiharTimes): Justice Navaniti Prasad Singh of the Patna High Court on Friday allowed the screening of Hindi film Kites after staying an order of a subordinate court in Sitamarhi district of Bihar.The court allowed the screening of the film after it admitted a writ petition filed by M/s Film Craft Production Pvt Limited challenging the stay ordered by the Sitamarhi court on the “international screening” on Friday.
On Thursday the Sitamarhi court had stayed its screening till May 24. The court responded after a bunch of petitions were filed by Laxmi Narain, an advocate, M/s Happy Enterprises and M/s Spectrum Enterprises raised the issue of violation of copyright and distributorship of the film in Bihar.
The court ordered issue of notices to the Bihar government and respondents to represent their sides on the writ petition in the court.
Writ filed to take action against Telugu Desam MLC
http://www.deccanchronicle.com/hyderabad/writ-filed-take-action-against-telugu-desam-mlc-684
May 18th, 2010
Hyderabad, May 17: A writ petition was filed in the Andhra Pradesh High Court on Monday seeking a direction to the police to take action against the newly elected TD MLC, Mr P. Narender Reddy.
Mr Golla Ramchandraiah, a native of Shabad village in Ranga Reddy district, filed the petition alleging that the MLC slapped him and forcibly took him in his car and later confined him in a room to beat him up with rubber pipes. He further alleged that the MLC threatened him with dire consequences.
He told the court that he lodged a complaint against the MLC before the Shabad police, but they refused to entertain his complaint and he approached junior first class magistrate court at Chevella and filed the complaint and it was referred to the police to investigate the case.
He said that the Shabad police registered a case under Section 323, 364-A, 342 and 506 of the IPC against the MLC, but they did not take any action against the accused so far.
Plea filed against inaction on sarpanch
A writ petition was filed in the High Court seeking a direction to declare the action of the authorities in not removing Mr M. Narsa Goud from the post of the sarpanch of Gambhiraopet gram panchayat in Karimnagar district as illegal.
Mr K. Anjaneyulu, a resident of Gambhiraopet, filed the petition stating that the district collector issued a showcause notice to the sarpanch on March 30, 2010 for alleged misappropriation of the gram panchayat funds. He told the court the inquiries conduct against the sarpanch for his misconduct and alleged misappropriation of funds have been proved, but the district collector instead of removing the sarpanch from the post issued a memo on April 24, and reinstated Mr Narsa Goud as sarpanch.
Mangalore Air India crash: Accident or Negligence of authorities?
http://mybangalore.com/article/0510/mangalore-air-india-crash-accident-or-negligence-of-authorities.html
By Staff Reporter Published: May 22 2010
Air India Express from Dubai crashed outside Mangalore's airport today, killing at least 160 people. Two organizations had filed a PIL in 2004 for allowing this 2nd runway to be built in negligence of applicable norms and standards
An Air India Express Boeing 737-800 aircraft arriving from Dubai with 167 on board 2010 tragically crashed at Mangalore International Airport at 6.30 am today. The plane overshot the runway while landing and fell over a cliff resulting in this disastrous crash.
The accident seemed to have occurred due to the bad condition of the runway. According to sources “The length of the runway is comparatively small but the cause of the accident is yet to be ascertained. The airport at Bajpe, which is about 30 km from Mangalore is situated in a hilly area and is considered to be one of the most difficult airports to take off and land,”
Vimana Nildana Vistharana Virodhi Samithi (Local Communities Alliance Against Airport Expansion), Bajpe and Environment Support Group had repeatedly highlighted the high risk expansion of the Mangalore airport around 2004. And even after filing several PILs, the Government didn’t seem to react. The matter went to High Court even but was rendered baseless.
“This was no accident, but the direct result of deliberate failure of officials for allowing this 2nd runway to be built in negligence of applicable norms and standards. No one in authority cared to listen to our fervent pleas. This even when we demonstrated through a variety of representations that that the site chosen for expansion at Bajpe was surrounded by deep valleys on three sides of the runway and did not provide for emergency landing areas as required,” Said Leo F. Saldanha, Coordinator, Environment Support Group.
Arthur Pereira, Spokesperson (VNVVS) said “This neglect of our legitimate concerns forced us to move the High Court of Karnataka but then again, nothing really happened there. A key concern raised was that the 2nd runway in Mangalore could not meet the standards required in dealing with an emergency, particularly during landings and takeoffs – a time when air crashes are most likely to happen,”
“Six years later today we are mourning the unfortunate death of so many people who should have been alive. Of course all sorts of explanations will be on offer, but none of that can bring lost lives back or cure the tragedy that has wrongly befallen so many families,” Said Arthur.
India today is frantically building airports all over, and for all sorts of flaky reasons. It is truly sad that because of the failure of key decision makers so many innocent lives have been lost.
Parents hail government's decision
http://timesofindia.indiatimes.com/City/Nagpur/Parents-hail-governments-decision/articleshow/5960350.cms
TNN, May 22, 2010, 02.41am IST
NAGPUR: A parent from Aurangabad, Raju George, expressed happiness over the government's decision and termed it as victory for the common man. "I thank the media and the judiciary for saving innocent students," said George. Raju and other aggrieved parents had filed a PIL in the Aurangabad bench and had also written a letter to PM Manmohan Singh, Congress chief Sonia Gandhi and Union HRD minister Kapil Sibal against the domicile rule. They said that their children would be forced to take admissions in management quota by paying exorbitant fees (Rs 10-15 lakh) owing to change in domicile conditions. The same letter was also forwarded to chief minister Ashok Chavan, higher and technical education minister Rajesh Tope, director of technical education SK Mahajan, and former principal secretary for higher education JS Saharia. The other parents who were part of the petition include P Mohandas, P Padmanabhan, TN Rajan, PV Mohanan. Another parent, Kingshuk Kumar Mondal, had written a letter to the high court citing the TOI report.
Waterlogging: Court direction to Himantahttp://www.assamtribune.com/scripts/detailsnew.asp?id=may2210/city06
GUWAHATI, May 21 – The Division Bench of the Gauhati High Court, comprising Chief Justice Ramesh Surajmal Garg and Justice Hrishikesh Roy, after hearing a PIL (No. 44/08) along with other connected PILs and writ petitions today directed Himanta Biswa Sarma, Minister, Guwahati Development Department to file an affidavit in the said PILs. The PILs have been filed for the artificial flood and water logging problems being faced by various areas of Guwahati city.
During the course of hearing, the court observed that the Minister of Guwahati Development Department at a press conference made a statement before the media that the water logging problems faced by Guwahati can not be solved and also made some irrelevant statements on the issue. The court, considering the minister’s observation made to the press, directed him to file an affidavit justifying his statements in the said PIL within May 26.
The court has also passed similar direction in the PIL No. 81/09 which was filed by Ketaki Bardalai and Dr Santwana Bordoloi for a direction to ensure strict implementation of the provisions of the Guwahati Municipal Corporation (collection, removal and disposal of solid wastes and efficient cleaning and scavenging of streets, drains and premises) bye-laws, 2000.
Indraneel Lahiri and AA Mir, advocates appeared for the petitioner in PIL No. 44/08 before the court.
BASTARDS WHO HAVE BLOOD ON THEIR HANDS
http://churumuri.wordpress.com/2010/05/22/bastards-who-have-blood-on-their-hands/
By churumuri
The following is the full text of a press release issued by Environment Support Group, a Bangalore-based NGO, on the air crash in Mangalore.
Doubtless, it represents one side of the story, but it lays bare the complicity of governments at the Centre and in the States, the judiciary in Delhi and Bangalore, local politicians, businesses, corporate bodies—and the apathy of the “general public”—that resulted in 160-plus lives being snuffed out, and hundreds of families being thrown in disarray.
What it also does is shine the light, and an ugly light at that, on the unquestioning thirst for “development” and the resulting cynicism of those who ask questions and are seen as obstacles in the path to progress.
***
“MANGALORE AIR CRASH TRAGIC FALLOUT OF CRIMINAL NEGLIGENCE OF PLANNING, REGULATORY AUTHORIES“
An Air India Express Boeing 737-800 aircraft arriving from Dubai with 167 on board tragically crashed at Mangalore International Airport at 6.30 am today (22 May 2010). It is reported that the plane overshot the runway while landing and fell over a cliff resulting in this disastrous crash. Very few are known to have survived this horrific crash.
This was no accident, but the direct result of deliberate failure of officials at the highest level in the director general of civil aviation (DGCA), airports authority of India (AAI), ministry of civil aviation, and the government of Karnataka for allowing this second runway to be built in criminal negligence of applicable norms and standards.
Such a strong charge is being made as the likelihood of this kind of a crash (the worst case scenario) was predicted.
A series of public interest litigations (PILs) were fought by the undersigned to stop the construction of this second runway in Mangalore airport on grounds that the design simply did not conform to the most basic national and international standards of airport design.
The PILs also highlighted that the airport does not conform with the most minimum safeguards for emergency situations, particularly during landings and takeoffs, and could not have emergency approach roads within a kilometre on all sides of the airport as required.
It is truly sad that because of the failure of key decision makers at the highest levels so many innocent lives have been lost. It is quite possible that many lives were lost as emergency rescue teams could not access the crash site due to the difficult terrain (a valley) for over a hour after the incident, even though it was proximal to the site.
That such a crash has occurred at the Mangalore airport is unpardonable as a similar crash had occurred at this airport over a decade ago. (Fortunately the plane did not tip over into the valley and all passengers, including Union law minister Veerappa Moily, were fortunate to escape.)
Vimana Nildana Vistharana Virodhi Samithi (local communities alliance against airport expansion), Bajpe, and Environment Support Group had repeatedly highlighted the high risk expansion of the Mangalore airport during the late 1990s. The expansion was proposed to enable flight movements of wide bodied aircrafts, such as Airbus A 320.
Authorities were repeatedly informed that the proposal did not at all conform with the standards prescribed for runway design as laid down by the DGCA, national building code of India and ministry of civil aviation.
Further, considering that the airport was proposed for international flights, a case was also made that the second runway could not conform with international civil aviation authority standards due to terrain limitations.
No one in authority cared to listen to our fervent pleas. This, even when we demonstrated through a variety of representations that that the site chosen for expansion at Bajpe was surrounded by deep valleys on three sides of the runway and did not provide for emergency landing areas as required.
This neglect of our legitimate concerns forced us to move the High Court of Karnataka in a PIL in 1997 (Arthur Pereira and others vs the Union of India and others, WP No. 37681/1997). A key concern raised was that the second runway in Mangalore could not meet the standards required in dealing with an emergency, particularly during landings and takeoffs, a time when air crashes are most likely to happen.
AAI filed an affidavit in Court dismissing all our concerns and stated this, amongst other things:
“It is submitted that as regards the apprehensions of the petitioner that the length and width of the runway is insufficient for a plane making an emergency landing, the same is without any basis. It is respectfully submitted that all the requirements as per the ICAO recommendation will be met and that there has been no infringement of any of the recommendation and limitation therein.”
On the basis of this affidavit, hon’ble chief justice Y. Bhaskar Rao and the hon’ble justice A. M. Farooq (as their Lordships then were) dismissed this PIL ordering as follows:
“It is stated that the fear of the petitioners that the runway is insufficient for any emergency landing of a plane is without any basis since before the project is to proceed, the authorities will be meeting the recommendations of the ICAO. It is also stated that there is no basis for the allegations made by the petitioners to the effect that the various safety measures have not been followed. That on the other hand they will be getting all the relevant materials described by the petitioners which will be followed in letter and spirit without which the airport would not have been conceived in the first place.
“Thus it can be seen that the expansion of Bajpe airport project is at the initial stage and the second respondent has in their objections mentioned above unequivocally stated that all the safety measures etc, stated by the petitioners in their writ petition will be followed during the progress of the project and nothing can be said before the lands are handed over to the second respondent.
“Considering these facts, we are of the view that the petitioners have rushed to this court before commencement of the project itself and the writ petition is premature. It is not, therefore, necessary to consider the various grounds taken by the petitioners in the writ petition to allege that the respondents have been proceeding with the project in a casual manner.
“There is nothing to doubt about the statement made by the second respondent in their objection statement and we are sure that the respondents will be taking all necessary measures under the different enactments etc.., before proceeding with the project in question. The writ petition stands dismissed.“
***
Even though alternative sites existed, the authorities proceeded obstinately to expand the airport yielding to pressures from business, real estate and hotel lobbies who benefited immensely from an airport at Bajpe.
Politicians keen to make the expansion a part of their legacy overlooked all concerns raised. Even at the existing Bajpe alternative sites existed to expand the airport, that conformed with most safety norms, but this site was not pursued as it would affect large landholders and influential people. Consequently, nothing whatsoever was done to respond to the concerns we raised about the risks involved in the second runway.
AAI did not even have a proper feasibility study and claimed that such a critical information detail would only be prepared after the land was acquired for the airport. Surely this amounted to putting the cart before the horse, for the study, even if eventually prepared, would have been tailor made to justify the decision to so expand the airport.
Distressed by such a turn of events and the absolute lack of compliance with applicable norms and standards, we appealed to the ICAO to intervene in the matter. The ICAO claimed did not respond and so we returned to the High Court with a fresh PIL in 2002.
In this exhaustively researched PIL many significant concerns were raised and a case was made that the second runway could not conform with ICAO norms for the following reasons:
“Minimum area for stop-way: At page 155 of the said (ICAO) report, para 2-1 prescribes standards for providing the minimum area for a stop way and/or a clear way in the event an aircraft undershoots or overruns the runway. For instance, if an aircraft has initiated take off, and a technical flaw requires emergency stop, the standard prescribes the minimum area that should be kept free to enable such a stop.
“In the instant case, the runway distance itself is about 2400 metres, and even if the area left is most cautiously utilised, what is left is only about 300 metres on each end of the runway. By the prescribed standard, this is far below the required distance needed for an emergency stop way.
“Therefore, the chances of an aircraft that has achieved the decision speed forcing an emergency stop are critically minimised, and the inevitable consequence could be that the plane would come crashing down the hillsides from a height of 80-100 metres on either side of the proposed runway.”
(This safety standard of ICAO also applies to air crafts when landing. It is truly sad that today’s tragic air crash could be a consequence of the lack of conformance with this standard.)
The High Court of Karnataka dismissed this PIL initiative by their order dated 27 May 2002 (WP 20905/2002) stating the following:
“No doubt, in an appropriate case, this Court can issue directions, if there is gross violation of fundamental rights or if the issue touches the conscience of this Court, but not for personal gain or political gain. The construction of second runway and terminal tower in Mangalore Airport will otherwise be in the interest of public.
“Learned counsel has not been able to show how the construction of second runway and terminal tower in Mangalore Airport will be against the public interest. On consideration and in the facts of the given case no direction as prayed for can be issued in this PIL.
“The authorities concerned have to complete all formalities as per law before commencement of the project. Accordingly, this Writ petition is dismissed. However, it is made clear that dismissal of this petition will not preclude the concerned Authorities to take all necessary precaution and to complete the formalities as per law before proceeding with the project in question.”
In a desperate effort to stop the Mangalore airport from so expanding and needlessly exposing innocent people to unnecessary risk, we went on appeal against the High Court order to the Hon’ble Supreme Court of India.
Dismissing the appeal, the Supreme Court ruled 07 February 2003 in Environment Support Group and others. vs. Union of India and others [SLP(C) 1172 OF 2003] as follows:
“We see no reason to interfere with the impugned order. Accordingly, the special leave petition is dismissed. We, however, clarify that in constructing the airport, the Government shall comply with all applicable laws and also with environmental norms.”
One hopes with the benefit of hindsight that the DGCA or AAI had complied with this order of the Supreme Court and ensured Mangalore airport was developed in full conformance with applicable laws, standards and norms. In case the current site was not feasible, they could have easily explored alternate sites, as such sites did exist – within Bajpe itself, or even in Padubidri, between Mangalore and Udupi.
Instead, the authorities preferred to view the Supreme Court order as a victory, as did the Karnataka Government and Mangalore Chamber of Commerce and Industry which had systematically campaigned for the expansion.
Without any further hesitation the second runway construction began in 2004 and was commissioned in May 2006. No techno-economic assessment, feasibility study, or even an comprehensive Environment Impact Assessment was ever done for the second runway. Simply put, the runway was built in comprehensive violation of applicable laws, standards and direction of the Supreme Court.
On 8 March 2004, we wrote to Dr. Naseem Zaidi, chairman (additional charge) & joint secretary, AAI, ministry of civil aviation, reminding him of the need to comply with the Supreme Court direction.
In particular we highlighted that:
“…such action would jeopardize passenger safety, put local communities to risk, needlessly dislocate people by acquiring land on a location that in no way could comply with the said provisions and thereby contributed to gross wastage of public money and resources.”
We did not get any response.
Six years later today we are mourning the unfortunate death of so many people who should have been alive. We are clear that this is no accident, but a direct result of the series of deliberate failures of officials and key decision makers at the highest levels of all authorities connected with the decision to allow the 2nd runway to be constructed and commissioned. Of course all sorts of explanations will be on offer, but none of that can bring lost lives back or cure the tragedy that has wrongly befallen so many families.
India today is frenetically building airports all over, and for all sorts of flaky reasons. Such is the political, bureaucratic and corporate pressure to build and expand airports that anyone questing the rationale is quickly dubbed as a “busybody”, “useless interloper”, “promoted by vested interest” and raising “frivolous” concerns.
To ensure such incidents do not recur, we demand that the Union minister of civil aviation orders an impartial commission of enquiry into the causative factors of this crash, especially investigating the absolute lack of conformance with basic runway design standards and emergency approach measures.
As a small tribute to those who lost their lives in this tragic air crash, ESG offers to assist crash affected families to initiate a damage suits against the Government. We will also initiate criminal negligence proceedings against all authorities connected with the decision to commission the second runway at Mangalore in violation of the directions of the Hon’ble Supreme Court.
We take these corrective actions in the hope they would serve as a deterrence against the lackadaisical approach to critical decisions by key decision makers.
***
Leo F. Saldanha, coordinator, ESG, phone: 9448377403, leo@esgindia.orgArthur Pereira, trustee, ESG and spokesperson Vimana Nildhana Vistarana Virodhi Samithi, Bajpe,Mangalore, phones: 9449208264/9481439921, arthurjpereira@gmail.com
Kasab gets copy of 26/11 judgement, can appeal in 60 days
http://economictimes.indiatimes.com/news/politics/nation/Kasab-gets-copy-of-26/11-judgement-can-appeal-in-60-days/articleshow/5963000.cms
22 May 2010, 1830 hrs IST,PTI
MUMBAI: Pakistani terrorist Ajmal Kasab, sentenced to death for killing 166 people in the 26/11 Mumbai terror attacks, has been handed over a copy of the judgement by the jail authorities. Kasab was given a copy of the judgement yesterday and he kept it with himself in the cell, jail sources said today. According to the jail manual, a convict can appeal to the high court by writing a letter within two months of receiving the judgement. At this stage, Kasab does not need a lawyer and he may inform the jail authorities that he intends to appeal against his conviction by writing a letter. The jail authorities would in turn submit his petition (letter) to the Bombay High Court in a prescribed format. When the high court hears the appeal, Kasab can engage a lawyer of his choice or, if he cannot afford to do so, the court may on his behalf appoint a lawyer. The trial court would also forward to the high court a copy of the judgement along with documents and affidavits of witnesses for confirmation of death sentence awarded to Kasab. The process is on and would be completed soon, sources said. The government can also file an appeal against the judgement which acquitted two accused Faheem Ansari and Sabauddin Ahmed. Kasab's appeal, confirmation of death sentence awarded to him and the government's appeal would be heard by the high court simultaneously. During the trial, Kasab was given legal aid by the court which appointed two lawyers to defend him. Kasab continues to be in solitary confinement in the Arthur Road central jail where he is guarded round-the-clock by Indo-Tibetan Border Police. The lone surviving 26/11 gunman has been put up in a bomb and bullet proof cell and his movements are watched through CCTV cameras installed in the jail. He spends most of the time reading story books in Urdu and Quran. Kasab offers namaz (prayers) five times a day and speaks to the guards occasionally when he feels lonely, the sources said.
Government thinking of raising retirement age for high court judges to 65
http://www.dnaindia.com/india/report_government-thinking-of-increasing-retirement-age-of-hc-judges-to-65_1386040
PTI
Friday, May 21, 2010 21:09 IST
New Delhi: Government is thinking of increasing the retirement age of high court judges from 62 to 65 years, law minister M Veerappa Moily said today.
"Earlier we were not thinking, now we are thinking...it is only for high court judges," Moily told PTI here, ruling out enhancing retirement age of Supreme Court judges which is now 65 years.
He was asked when he would move the proposal to the Union Cabinet for approval. The increase in retirement age would require a Constitutional amendment.
"Raising the retirement age of high court judges from 62 to 65 years will also aid in elimination of vacancies," a law ministry 'Blueprint' on legal and judicial reforms approved in principle by the Union Cabinet in November last year had said.
"If the retirement age of HC judges is increased, most HC judges would not like to get elevated to the SC...they want to come to the apex court as the retirement age in SC is 65 years," a senior law ministry official said.
Interestingly, Moily had recently informed the Rajya Sabha that "government at present is not considering to increase the age of retirement of judges."
There is a consensus among political parties to hike the retirement age of HC judges.
Over 40 lakh cases were pending in the 21 high courts of the country, which were facing a shortfall of 265 judges, according to latest official data.
While the sanctioned strength was 895, the 21 HCs were working with 630 judges.
HC slams CIC for exceeding powers
http://timesofindia.indiatimes.com/City/Delhi/HC-slams-CIC-for-exceeding-powers/articleshow/5960161.cms
TNN, May 22, 2010, 12.39am IST
NEW DELHI: Delhi high court on Friday clipped the wings of the Central Information Commission while quashing the latter's observations against the Delhi Development Authority (DDA) vice-chairman for failing to appear before it with regard to an RTI matter. The high court has said the Central Information Commission has exceeded its powers. "This is a case where the Central Information Commission and the Chief Information Commissioner have overstepped their jurisdiction and have thereby transgressed the provisions of the very Act which created them," said a division bench of Justices B D Ahmed and Veena Birbal. The high court bench set aside the CIC's September 2009 order against the senior-most officer of DDA and said "no adverse inference could have been drawn for the absence of the DDA vice-chairman". HC clarified that the CIC could call any person to be present during the hearing before it only for the purposes of giving evidence — oral or written — or for producing any document. "The DDA vice-chairman was not summoned for either giving oral evidence or written evidence or to produce any document or things in his possession. He was directed to be present for other reason. That power is not there with the CIC," the court added. The court also set aside the commission's order appointing an inquiry committee to go into the details of dealing with the RTI Act by all wings and departments of DDA. On September 22 last year, the CIC had formed the committee comprising director of ministry of urban development Shujata Chaturvedi, Dunu Roy from the Hazards Centre and Pankaj KP Shreyaskar, joint registrar, and sought a report within 45 working days from the date of order. The commission order had come after DDA secretary V M Bansal was not able to clarify various points raised by the commission while hearing the plea of an RTI applicant Sarbajit Roy who had complained of poor implementation of RTI Act at the DDA.
Delhi HC revives IHF; Gill ecstatic
http://economictimes.indiatimes.com/news/politics/nation/Delhi-HC-revives-IHF-Gill-ecstatic/articleshow/5960397.cms
22 May 2010, 0320 hrs IST,ET Bureau
NEW DELHI: In a setback to the Union sports ministry, the Delhi High Court on Friday quashed the Indian Hockey Federation’s derecognition by the Indian Olympic Association (IOA). The court also reinistated KPS Gill as the sports body’s head. Describing the IOA’s decision to disaffiliate IHF as “knee jerk” reaction, the court said the action was illegal. “Unfortuntely for over two years now the petitioner, IHF, has continued to remain under an illegal suspension followed by an illegal disaffiliation and an illegal de-recognition. This situation calls for a restitutive correction.” Mr Gill said the judgment is in the interest of Indian hockey and that the IHF will soon be back in action. “We are already having the nationals and soon we will call the AGM of the IHF and take necessary steps to revive the game in the country,” he said. Mr Gill said the IOA and the sports ministry should accept the court’s verdict and allow the federation to function as the sole authority to run the sport in the country. “It is a detailed and well-reasoned out order. It is self-explanatory and it has been taken in the interest of hockey in the country. Now it is for all the concerned parties to respect this order,” Mr Gill said. IHF was disaffiliated by the IOA in 2008 after its secretary-general Jothikumaran was allegedly caught in a sting operation, demanding cash from players for selection in the national team.
Don't dismantle Lakshmi Vilas, HC directs JDA
http://timesofindia.indiatimes.com/city/jaipur/Dont-dismantle-Lakshmi-Vilas-HC-directs-JDA/articleshow/5960460.cms
TNN, May 22, 2010, 04.03am IST
JAIPUR: A division bench of the Rajasthan High Court on Friday directed the Jaipur Development Authority (JDA) not to dismantle Lakshmi Vilas Hotel and Kanak Bhawan, in the premises of Rambagh Complex, sealed by it following an interim order of the court on May 10. The bench of Chief Justice Jagdish Bhalla and Justice M N Bhandari, while asking the JDA to keep the two properties intact, allowed it to remove encroachments from the Rambagh Complex. The JDA took over Lakshmi Vilas Hotel and Kanak Bhawan on Thursday. It had also evicted families of Madan Lal Sharma and Ram Das Atar from Lakshmi Vilas and H C Gupta from Kanak Bhawan. The three had purchased the properties from former royal Maharaja Bhawani Singh in 1986 but the sale agreement was later declared illegal. The court passed the order after counsel for evicted families Bajrang Lal Sharma opposed the court's view that the two buildings were on encroached land. Sharma argued the court's interim order, passed on May 10, has taken away the evicted families' right to seek protection from Supreme Court. The court observed since the advocate would take more time to complete arguments, an interim order protecting the buildings is required to be passed. "We filed a progress report (in HC) on Friday saying the alleged buildings have been taken over by the JDA. The JDA told the court that we do not intend to demolish the buildings till hearing is conculded by the high court," said R N Mathur, the JDA counsel. He said the JDA will not dismantle other properties inside the Rambagh Complex as it has been restrained from taking action by the previous stay orders of the court. "We have already filed details of these cases pending before the bench by way of an application and we do not propose to take any action against any occupants till the stay orders are vacated," Mathur said. On Friday, the court asked the JDA to also keep the furniture, fixtures etc of the Lakshmi Vilas Hotel and Kanak Bhawan intact. The court had on May 10 asked the JDA to take possession of government land and properties like Lakshmi Vilas and Kanak Bhawan, which state had acquired in 1973. A PIL, filed by one Sanjay Tyagi, had alleged that the land of Rambagh Complex measuring 322 bighas is owned by the state government as it stood acquired three decades back. All the constructions on this land are encroachments and should be removed, the PIL said.
12 years on, HC relief for rape convict
http://timesofindia.indiatimes.com/City/Patna/12-years-on-HC-relief-for-rape-convict/articleshow/5960494.cms
Dipak Mishra, TNN, May 22, 2010, 04.34am IST
PATNA: Twelve years after the alleged rape of an IAS officer's wife by a politician's son rocked Bihar, the Patna high court on Friday set aside the trial court order convicting the mother-son duo and acquitted them. The trial court had convicted Mrityunjay Yadav of raping IAS officer BB Biswas' wife Champa Biswas and his mother, former MLA Hemlata Yadav, of abetting the alleged crime. "A single-judge bench of Justice Mandhata Singh termed the allegation incorrect and found that the relationship between the two (Champa and Mrityunjay) was of consensual nature," defence counsel S Verma told TOI. Mrityunjay himself appeared bitter. "I do not know how to react. I was made a scapegoat in the battle of BJP, then in opposition, and ruling RJD," he said. He recalled he was forwarded to jail as a rape accused on August 26, 1998 and could secure bail almost four years later on May 9, 2002. His mother was in jail for three years and four months. "My life has been ruined," Mrityunjay said and added he was studying in Hindu College, Delhi and preparing for civil services exam when he was booked in the case. "Many of my college friends are IAS and IPS officers," he said. Mrityunjay was particularly bitter about a BJP leader who, he said, made it a public issue saying what would happen to common people during the RJD regime in the state where even an IAS officer's wife was raped. The case created a sensation in the late 1990s. Champa alleged she was subjected to rape for more than two years by Mrityunjay and others, including IAS officials, politicians and VVIPs' kin. The bureaucrat's wife lodged an FIR on August 22, 1998. Mrityunjay was arrested while his mother, who was then chairperson of the Women Welfare Board, surrendered two months later. The episode had several turns and twists with Champa once writing to the Chief Justice of India against the trial judge for his failure to summon a top politician who also allegedly raped her. She even charged the public prosecutor with trying to destroy evidence. The trial court in March 2002 held Mrityunjay guilty under various Sections, including 376 (rape), of the IPC and awarded him ten years' rigorous imprisonment. Hemlata Yadav was awarded three years' RI. However, she was spared the ignominy of serving the jail term afresh as she had already been in jail as an accused for more than three years. When Jharkhand was carved out of Bihar in 2000, Champa's husband was allotted the new state cadre. He later died of illness and Champa slipped into oblivion after she moved to Kolkata along with her two children.
Maharishi Valmiki was never a dacoit: Punjab & Haryana HC
http://timesofindia.indiatimes.com/india/Valmiki-was-never-a-dacoit/articleshow/5960417.cms
Ajay Sura , TNN, May 22, 2010, 03.37am IST
CHANDIGARH: Maharishi Valmiki was not a dacoit before turning into a sage and writing the Ramayana. In a ruling that could change an age-old belief about the writer of the great epic, Justice Rajive Bhalla of the Punjab and Haryana High Court recently said that though “actual facts appear to be lost in the mists of antiquity,” he was basing his views on a research by a Punjabi University scholar. Justice Bhalla was hearing an appeal by a national television channel, asking the court to quash an FIR filed against it in Jalandhar for airing a serial that raised a question about Valmiki being a dacoit before he turned into a sage. “Admittedly, a character in the teleserial asks another character whether Maharishi Valmiki was a dacoit before he became a saint. The other character, while not denying this fact, makes laudatory references to Maharishi Valmiki. “The research appears to cast a doubt about the authenticity of the story that Maharishi Valamiki was a dacoit,” observed Justice Bhalla. He quoted the research done by the head of the Maharishi Valmiki Chair of the Punjabi University, Patiala, Manjula Sehdev, on the origin and authenticity of the belief that Valmiki was a dacoit. “We have watched the serial — Bidai — and the dialogues are derogatory. A character in the serial asks whether it is true that Valmiki was a dacoit before turning into a sage. Another character replies that he indeed was a dacoit before he underwent a change of heart. In the next dialogue, the character asks the other whether it is possible for a person to change so dramatically and the reply is in the affirmative. It is this second part of the dialogue that has been mentioned as ‘laudatory’ by the television company in its reply to the court,” says Navvikas, a member of the Valmiki community, who had filed the FIR on October 6, 2009, charging the channel under 295 of IPC for hurting religious sentiments. The judge stated the salient features of the research, saying that “from Vedic literature up to 9th century AD, there is no reference as such that Maharishi Valmiki led a life of a dacoit or highwayman.” It was also stated that in his own work ‘Ramayana’, Valmiki is called Bhagwan, Muni, Rishi and Maharishi and no reference of his highwaymanship is available there. Justice Bhalla dismissed the petition filed by the channel and observed: “Electronic media with its immense power and reach must pause, reflect and exercise a greater degree of restraint and responsibility, particularly when it seeks to disseminate religious information likely to affect the sensibility of its audience.” However, the high court made it clear that their opinion would not affect the investigation of the case, which is being conducted by the Jalandhar police against the channel.
HC to govt: Set up electric crematoriums on banks of Ganga
http://www.indianexpress.com/news/HC-to-govt--Set-up-electric-crematoriums-on-banks-of-Ganga/622276/
Express News Service
Posted: Sat May 22 2010, 03:40 hrs Allahabad:
The Allahabad High Court directed the state government on Friday to establish electric crematoriums in cities lying on the banks of Ganga.
Passing this order suo motto, a Division Bench comprising Justices Ashok Bhushan and Arun Tandon directed the state government to ask the nagar nigams or nagar palikas of these districts to initiate the work in this regard as soon as possible.
The court was of the view that cremation on the bank was a major source of pollution of Ganga water.
Appearing on behalf of the state government, Additional Advocate General S G Hasnain assured the court that the state government would comply with the order.
The government was also directed to prepare a detailed list of cities and banks where it would propose to set up the electric crematorium.
The next date of hearing is on July 9.
On April 30, the same court had asked the state government to initiate a dialogue with the Uttarakhand government for the release of adequate water in Ganga.
SC saw the problem, failed to resolve it
http://economictimes.indiatimes.com/ET-Debate/articleshow/5956288.cms
21 May 2010, 0548 hrs IST,Rajeev Dhavan,
Rajeev Dhavan, Senior Advocate Supreme Court
The Supreme Court's judgment on governors in B P Singhal's case, 2010, (the BJP MP had filed a PIL relating to governors being removed with a change in power) is welcome. But it is not enough. The legal controversy revolves around governors being appointed (a) at the President's pleasure to be sacked when the PMwants or (b) for the guaranteed term of appointment of five years. The Sarkaria Commission (1988), set up to examine the Centre-state relationship, revealed that between 1947 and 1986 out of 154 tenures , 104 did not complete their five-year term! The merry-go-round has continued. The Bhagwan Sahay Committee (1971), seeking guidelines for constitutional heads, did not tackle the issue even though governor Dhavan raised it. The Sarkaria Commission shied from giving governors security of tenure. The Constitution Commission recommended a fixed five-year term with removal only by impeachment. In the Constituent Assembly, Ambedkar's summary response was that prescribing reasons for removing governors was a matter of detail. The apex court examined the issue with legal detachment, overlooking that successive Union government treated a governor as agent, saboteur and doormat to be dismissed at pleasure. Even government peons have better protection. The SC response was half-hearted . It gave priority to the “pleasure doctrine” over the constitutionally prescribed five-year term. It failed to restrict the compelling reasons for removal to physical/mental disability, corruption or conduct unbecoming. It refused to require reasons for removal . It failed to accept its role of rigorous judicial review. In other words, the SC recognised the problem but failed to resolve it. Governors will continue to be as vulnerable as they were before, to be removed for silent reasons. The court also lost sight of the Constitution Commission's recommendation for new collegiate appointment systems so that arbitrarily-appointed governors are not arbitrarily dismissed. The disappointment increases when we realise the governor is a head of state. He is not a beck-and-call appointment to be used and abused at pleasure. The whole system needs to be changed by constitutional amendment.
Ban two-wheelers on JJ flyover after midnight: Bikers
http://www.dnaindia.com/mumbai/report_ban-two-wheelers-on-jj-flyover-after-midnight-bikers_1385652
Menaka Rao / DNA
Friday, May 21, 2010 1:09 IST
Mumbai: The group of motorcyclists that opposed the ban of two-wheelers on JJ flyover has written to the traffic police giving suggestions on how the problem of accidents can be tackled.
The letter, written by Mubin Solkar, president of the group Indian Mumbaikars For Peace And Community Togetherness (IMPACT), was sent to the commissioner of police (traffic) and the deputy commissioner of police (traffic) last Saturday.
The group had filed a public interest litigation (PIL) in the Bombay high court last month. Dismissing the PIL on April 29, the court had held that the issue is beyond judicial review and that the group could give the traffic police suggestions for perusal.
Solkar has given 16 suggestions, mostly seeking to install safety devices like speed regulators, bigger and more prominent signboards, construction of rumbling strips, among others.
“If banning two-wheelers is still thought to be the only answer, then impose/enforce the ban only from midnight to early morning as most of the fatal accidents have occurred during night time,” the letter suggested.
The letter also said that policemen should stand on the dangerous stretch between Mandvi post office and Noor Hospital. Currently, they stand at two ends of the flyover.
The letter concluded that if the suggestions are implemented, then it will reduce the spate of accidents. It also warned that if the ban continues, the situation will get worse for residents, pedestrians and businessmen.
“Moreover, it needs to be borne in mind that many Mumbaikars still cannot afford the luxury of owning a car and are therefore compelled to use two-wheelers. Depriving them of using the flyover is therefore most unfair,” the letter said.
PIL co-petitioners condemn Maoist attack
http://www.thehindu.com/2010/05/19/stories/2010051963360900.htm
Special Correspondent
‘Violence has no place in a democracy'
NEW DELHI: The co-petitioners of a public interest litigation (PIL) petition before the Supreme Court have expressed shock and horror over Monday's blasting of a bus by Maoists in Chhattisgarh in which innocent civilians were killed.
“We condemn such senseless and inhuman violence and those responsible for it. Violence has no place in a democracy and those who adopt violent means to express themselves cannot and should not be condoned in any manner whatsoever. We convey our sympathy to the families of all those whose lives have been lost in this ghastly incident,” Nandini Sundar, E.A.S. Sarma and Ramachandra Guha said in a statement here on Tuesday.
They said it was unfortunate that innocent tribals and civilians were caught in the ongoing violence in Dantewada in Chhattisgarh and other parts of eastern and central India.
“We reiterate our consistent plea to the government to reach out to the tribals and the other local communities in these areas through tangible confidence-building measures, including the announcement and implementation of a policy that recognises the constitutional rights of the tribals in the notified areas,” they said.
They felt that any strategy based on violence would prove counterproductive in the long run.
Himachal high court judges make assets public
http://news-views.in/himachal-high-court-judges-make-assets-public/
Posted by admin on May 21st, 2010 at 07:19 pm and filed under National.
Shimla, May 21 – The judges of the Himachal Pradesh High Court Friday released for public scrutiny the list of assets they were holding.
Releasing the list of assets on the website of the high court here, Chief Justice Kurian Joseph said: ‘The assets and properties of all the 11 judges have been put on the official website of the high court for public perusal.’
According to a post, Justice Joseph has a bank balance of Rs.13,814. He owns one Maruti Esteem car and one two-storied house. Also, he jointly owns a piece of land of 39.47 acres with his wife.
Justice Joseph, who assumed the charge as chief justice Feb 8 this year, announced soon after assuming charge that he was in favour of making public the assets of judges.
Besides the Supreme Court, the high court of Kerala, Karnataka, Delhi and Punjab and Haryana have publicly declared the details of assets and properties of serving judges.
HC respite to Advani in Ayodhya case
http://timesofindia.indiatimes.com/India/HC-respite-to-Advani-in-Ayodhya-case/articleshow/5956160.cms
TNN, May 21, 2010, 04.25am IST
LUCKNOW: In a major relief to BJP leader Lal Krishna Advani, former UP chief minister Kalyan Singh, and other satraps of the Sangh parivar like Bal Thackeray and Uma Bharti, the Lucknow bench of the Allahabad High Court on Thursday upheld the order of Lucknow CBI court whereby it had dropped criminal proceedings against the above accused in the Ram janmabhoomi-Babri Masjid demolition case. Justice Alok Kumar Singh held that in the order passed by the designated court, there was no embellishment either on factual or legal matrix. ‘‘Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the designated court,’’ observed Justice Singh. After the December 6, 1992, incident the first FIR was lodged at Ram Janmabhoomi police station against lakhs of unknown karsewaks. Immediately thereafter, the second FIR was also registered against eight persons naming L K Advani, MM Joshi, Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katiyar, Uma Bharti and Sadhwi Ritambhara under different crime numbers. These accused are facing trial before special CBI court at Rai Bareli. Besides these eight persons, 13 other persons were also made to face prosecution before especially formed court at Lucknow. On May 4, 2001, the Lucknow court discharged these 21 persons from further prosecution. The court also declined to proceed against the accused persons of 47 other cases relating to assault on mediapersons. The CBI filed revision before the HC against the discharge of 21 accused and demanded their trial as well as of other accused, prima facie found guilty of attack on media. Those advantaged by the HC order are: LK Advani, Kalyan Singh, Bal Thakeray, Uma Bharti, Satish Pradhan, CR Bansal, MM Joshi, Vinay Katiyar, Ashok Singhal, Giriraj Kishore, Sadhvi Ritambhara, VH Dalmia, Mahant Avaidhynath, RV Vedanti, Param Hans Ram Chandra Das, Jagdish Muni Maharaj, BL Sharma, Nritya Gopal Das, Dharam Das, Satish Nagar and Moreshwar Save as they will not have to stand on trial here at Lucknow before the designated court.
Delhi blasts case
http://www.indianexpress.com/news/Delhi-blasts-case/621657/
Express News Service
Posted: Fri May 21 2010, 00:51 hrs New delhi:
Why come here, take exam in Ahmedabad, HC tells accusedThe Delhi High Court on Thursday dismissed an application by Saqib Nisar, a suspected Indian Mujahideen terrorist involved in September 2008 Delhi serial blasts, to allow him to appear for his MBA examination from Tihar Jail instead of Ahmedabad where he is lodged now. Asking him to appear at a centre in Ahmedabad, the court said there seemed to be “some hidden agenda in moving the petition”. “The University has a centre in Ahmedabad and if he is genuinely interested in taking the examination, he can do so there itself,” the court said. Nisar, now lodged in Sabarmati jail in connection with the Ahmedabad serial blasts, is doing his MBA from Sikkim Manipal University.
Two accused given copy of chargesheetA city court on Thursday handed over a copy of the chargesheet filed against suspected Indian Mujahideen militants Salman Ahmed and Mohammad Shahzad, accused in the 2008 Delhi serial blasts, to them. The chargesheet had been filed by the Special Cell on May 15. The defence counsel will submit its reply to the Chief Metropolitan Magistrate Kaveri Baweja on May 24. Shahzad was arrested in February and Salman in March this year.
HC slaps Rs 1 lakh fine on Central govt http://www.indianexpress.com/news/City-briefs/621660/
Express News Service Tags
Posted: Fri May 21 2010, 00:52 hrs New delhi:
The Delhi High Court on Thursday slapped a cost of Rs 1 lakh on the Centre for challenging a National Human Rights Commission order directing it to pay Rs 1 lakh in damages to a woman who lost her 28-year-old daughter due to administration of wrong medicine by a government dispensary. “This court is constrained to observe that this is a vexatious litigation needlessly pursued by the Central government,” said Justice S Muralidhar, while imposing the penalty for prolonging the agony of the victim’s mother.
Move suicidal Tihar inmate to hospital: HC
http://www.expressindia.com/latest-news/move-suicidal-tihar-inmate-to-hospital-hc/621653/
Utkarsh Anand
Posted: May 21, 2010 at 0049 hrs IST
New delhi Inside the formidable iron gates of the high-security Tihar Jail, the only ‘thing’ 31-year-old Sonali Sachdev talks to is a rag doll she made herself after stuffing some torn clothes. The doll probably reminds Sonali of her two-year-old daughter.
In the middle of a financial crisis, Sonali and her husband Pramod Sachdev allegedly poisoned their daughter Jia and seven-month-old son Jatin before consuming it themselves in their Mahavir Nagar house. While Pramod, a Delhi Jal Board employee, and the kids died, Sonali survived to find herself lodged inside the jail with the taint of killing her children and attempting suicide.
Sonali now spends her days inside a cell with the doll as six jail personnel keep constant vigil to prevent her from hurting herself. She keeps talking to herself about different ways to end her life and even requests jail officials to help. She is suspicious of every thing and every person around her.
Considering her situation, jail authorities got Sonali’s mental health checked by the Institute of Human Behaviour & Allied Sciences (IHBAS). The doctors said she was suffering from Obsessive Compulsive Disorder, depression and was hence extremely suicidal.
However, in April, two trial courts refused to accept the Jail Superintendent’s request to get her admitted in IHBAS for treatment. Officials at the Delhi Legal Services Authority, however, comprehended the urgency and sent a communication to the Delhi High Court, which decided to treat it as a writ petition.
Najmi Waziri, Standing Counsel for the Delhi government, tendered his report before the court on Thursday and sought an immediate directive to get Sonali treated at IHBAS.
Annexing medical reports, Waziri told the court that it was imperative to take all precaution and keep anything that could be potential risk away from Sonali. “Such care and constant vigil can only be possible inside IHBAS,” he contended, adding that the trial courts should have taken a more compassionate view before dismissing the pleas on technical grounds.
The Division Bench of acting Chief Justice Madan B Lokur and Justice Mukta Gupta was in complete agreement. “The diagnosis and treatment is necessary in these circumstances. Let Sonali Sachdev be taken to IHBAS on Friday and her treatment would continue there. A report on her health be submitted by July,” the Bench noted in its order.
Married woman can't be forced to establish conjugal rights: HC
http://www.hindustantimes.com/Married-woman-can-t-be-forced-to-establish-conjugal-rights-HC/Article1-546318.aspx
Press Trust Of India
Allahabad, May 20, 2010
The Allahabad High Court on Thursday ruled that if a married woman was unwilling to cohabit with her husband then she could not be compelled to do so by way of a decree for restitution of conjugal rights.
The order was passed by Justice Rakesh Tiwari while dismissing an appeal of Rizwan Ali Khan, a resident of Badaun in Uttar Pradesh, who had moved the court challenging a lower court order which held that no decree for restitution of conjugal rights could be issued in his favour as his marriage was not consummated even after more than a decade of having tied the knot.
The Additional District Sessions Judge, Badaun, had passed the order on August 10, 2009, wherein it had also pointed out that while Khan had claimed to be married to one Nazma Siddiqui, the latter had refuted the same.
Moreover, Khan had failed to produce the Kazi, who had solemnised the marriage, before the court or his signature on the "nikahnama" for verification by handwriting experts, the ADJ had said.
Nazma who had not only denied having been married to Khan but also pleaded that "if a lady is married, the decree for conjugal rights is not enforceable and at the most compensation from her property, if she had any, could have been allowed" opposed the appeal before the High Court.
The court, while observing that it did not find "any illegality or infirmity in the order" said even if there had been no dispute regarding the petitioner's marriage, "she can not be forced by a decree in suit to establish conjugal rights".
Rajasthan HC: No horizontal quota in excess of 50 pc
http://www.ptinews.com/news/661896_Raj-HC--No-horizontal-quota-in-excess-of-50-per-cent
STAFF WRITER 22:16 HRS IST
Jaipur, May 20 (PTI) The Rajasthan High Court has held that there should not be any horizontal reservation in excess to the prescribed quota of 50 per cent fixed for various categories under the Consititution.A division bench of the court struck down the excess quota given to youths and women candidates in the Panchayat elections.The court passed this order while disposing a petition filed by one Sita Ram Sharma challenging the Rajasthan Panchayati Raj (second amendment) ordinance 2008 whereby the reservation for women was increased from 33 per cent to 50 per cent in the panchayat elections and persons in age group 21-35 years were given 75 per cent reservation.The court has earlier issued a similar order in case of municipal elections when a similar provision for reservation to women and youth was challenged.
HC upholds Metro re-alignment
http://expressbuzz.com/cities/bangalore/hc-upholds-metro-re-alignment/175268.html
Express News Service
First Published : 21 May 2010 04:21:00 AM IST
Last Updated : 21 May 2010 08:28:58 AM IST
BANGALORE: The Karnataka High court on Thursday dismissed the writ petition requesting it to direct BMRCL to stick to the original alignment of the Metro rail.
Jakir-un-nisa and others had contended that BMRCL had deviated from the original alignment near South End Circle by 106 meters to favour some influential people, including the owners of Bangalore Hospital and Lakshmi Complex.
BMRCL submitted that the Metro alignment was shifted by 60 meters because the technical experts suggested that it would ease the traffic congestion.
HC restrains Vishal Retail from selling assets
http://www.business-standard.com/india/news/hc-restrains-vishal-retailselling-assets/95054/on
Press Trust of India / New Delhi May 20, 2010, 20:21 IST
The Delhi High Court has restrained Vishal Retail from disposing of its assets till further orders, on a plea filed by the Singapore-based DBS Bank to wind up the debt-ridden retail chain.
Passing an interim order, Justice S K Mishra has directed Vishal Retail not to sell or dispose of its assets till November 25, the next date of hearing and to submit details of its properties.
"Till the next hearing, Vishal shall not alienate or otherwise encumber its assets," said Justice Mishra in his order on May 11 directing the retail firm to submit its last three audited balance sheets.
Justice Mishra has also directed Vishal Retail to file an affidavit disclosing its all assets with detailed information of their locations and value. He also asked the firm to give details in which name (personal) the properties are held along with date of their acquisition. The court also directed the retail firm to submit current addresses its directors and the company secretary.
The company and its lenders had approached the CDR cell late last year following the accumulation of around Rs 730-crore debts. According to the order passed by the court last week, the debt-ridden retail firm has also been directed by the court to give details of its debtors and creditors with their complete addresses.
It has also submit details its employees and if any amount outstanding to them. Court's direction came on a company petition filed by its creditor DBS Bank requesting to wind up the firm.
Earlier, during the last hearing on April 28, 2010 the court had directed the bank to file a copy of the Corporate Debt Restructuring (CDR) scheme formulated by Reserve Bank for the company.
Vishal Retail, which is having around 170 outlets, is currently undergoing CDR exercise.
HC removes another hurdle to BMRCL
http://bangalorebuzz.blogspot.com/2010/05/hc-removes-another-hurdle-to-bmrcl.html
Friday, May 21, 2010
Odeal D'Souza. BangaloreThe Namma Metro project crossed yet another hurdle on Thursday with the Karnataka high court giving green signal for the acquisition of land near Jayanagar along RV Road for the construction of the South End station. A division bench of justices VG Sabhahit and Manohar dismissed a petition filed by Zakirunnisa and two others, requesting the court to direct the Bangalore Metro Rail Corporation Limited (BMRCL) to stick to its original alignment for the station. The petitioners alleged that the alignment had been changed based on the request of owners of a few properties which were sought to be acquired for the station, and contended that the BMRCL had shifted the original alignment by 106 metres. The court issued notices to BMRCL, which submitted that the alignment was shifted by 60 metres and not 106 metres as contended by the petitioners, and stated that the change was due to technical reasons, and not on the opinion of influential entities as alleged by the petitioners.It submitted that the action was taken to avoid vehicular congestion at the circle and to bring the station nearer to the commuter catchment area. Besides, to maintain a train headway of three minutes, stations had to be spaced at least four kilometres from each other.BMRCL's plans to run the metro through RV Road and Nanda Road had run into huge opposition from locals. The alignment proposed to cut through a portion of Lalbagh necessitating the cutting of trees, which angered green activists, leading to protests. A PIL filed in the high court by Hasiru Usiru challenging the felling of trees in Lalbagh for Metro work was also dismissed.
posted by The Bangalorean @ 5/21/2010 04:03:00 AM
HC rejects CBI plea against BJP brass
http://www.financialexpress.com/news/hc-rejects-cbi-plea-against-bjp-brass/621546/
Press Trust of India, Political Bureau Posted: Friday, May 21, 2010 at 2252 hrs ISTUpdated: Friday, May 21, 2010 at 2252 hrs IST
Lucknow: Providing relief to LK Advani, Murli Manohar Joshi and 19 others in the Babri Masjid demolition case, the Allahabad High Court on Thursday dismissed a CBI revision petition challenging the order of a special court to drop criminal proceedings against the BJP leaders.
The CBI had sought a direction for continuing proceedings against Advani and Joshi, Uma Bharti, Kalyan Singh and others in connection with the demolition of the Masjid on December 6, 1992.
In a 44-page judgment, Justice Alok Kumar Singh of the Lucknow bench of the Allahabad High Court said: “Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the lower court”.
“There is no embellishment in the impugned order dated May 4, 2001 neither on factual or legal matrix. Hence, there is no occasion for this court to make any interference in the impugned order,” he said.
VHP leader Ashok Singhal and Shiv Sena chief Bal Thackeray were among the 21 who got relief from the order of the special court. On May 4, 2001, the special court had dropped the conspiracy charge against Advani and the others.
The court today also partly allowed another petition filed by the then District Magistrate, Faizabad, Ravindra Nath Srivastava. It directed the CBI to indicate at the earliest as to the witnesses and documentary evidence it proposes to take up against the petitioner, so that he may not be deprived from effectively preparing and putting up his defence.
Srivastava had also contended that he could not be treated as an accused in this case. However, the court said that this point was not acceptable. Reacting to the High Court decision, the All India Muslim Personal Law Board said the CBI should move the apex court.
Board member Zafaryab Jilani claimed that the Central government and the CBI were not moving quickly in the demolition cases pending in Lucknow and Rae Bareli courts.
HC rules against refund of land tenure conversion fee
http://www.indianexpress.com/news/hc-rules-against-refund-of-land-tenure-conversion-fee/621720/0
Express News Service
Posted: Fri May 21 2010, 01:37 hrs Ahmedabad:
In a recent order, the Gujarat High Court has held that a person cannot demand refund of money that he paid to the state authorities to convert his land from new tenure to old tenure and which was subsequently acquired for development under the Town Planning Scheme Act.
The Division Bench comprising Chief Justice S J Mukhopadhaya and Justice A S Dave passed an order in this regard while acting on an appeal filed by the state government against an order of a single judge bench.
According to the details of the case, one Kirit Desai from Surat had applied to the government to change certain land in his possession in the district from new tenure to old tenure to remove certain restrictions on it under the provisions of the Bombay Tenancy & Agricultural Land Act, 1948. Subsequently, the concerned district collector had converted the land from new tenure to old tenure and demanded Rs 3.23 crore from Desai.
He paid the amount in three instalments under protest after he reliably came to know that the authorities are likely to acquire a part of the land for the Town Planning Scheme.
The Surat Municipal Corporation had informed Desai that around 5,925 square metres of his land is likely to be reserved under the provisions of the Town Planning Act.
Subsequently, Desai moved the HC with a prayer that he is entitled to get proportionate refund for the amount of Rs 97 lakh for the land which is now being taken over under the Town Planning Scheme. A single judge bench had given its verdict in Desai's favour and directed the government to refund the amount within 12 weeks.
But the government challenged the order in the Division Bench. Government pleader Prakash Jani contended that the order was bad in law and requires to be quashed. Upholding Jani's contentions, the bench allowed the appeal and set aside the order of the single judge bench.
Monitor Soharabuddin probe: US group to PM, CJI
http://www.onenewspage.com/news/Asia-Pacific/20100518/11111635/Monitor-Soharabuddin-probe-US-group-to-PM-CJI.htm
May 18, 2010 08:43 IST
An India [ Images ]n American Muslim advocacy group on Monday urged Prime Minister Manmohan Singh [ Images ] and the Chief Justice of India S H Kapadia to monitor and ensure an intimidation free Central Bureau of Investigation inquiry into the alleged fake encounter killings of Soharabuddin, his wife Kausarbi and his associate Prajapati allegedly at the hands of the Gujarat police.
The Indian Muslim Council-USA in a statement today alleged that in order to subvert and discredit this CBI inquiry, a massive advertising campaign has been launched in the Gujarati media by unknown entities to defame the CBI and dub it with various defamatory labels.
In separate letters sent prime minister and the CJI, IMC-USA president Rasheed Ahmed said, "The advertising campaign aims to create a political atmosphere where it would not be possible for the CBI to conduct a fair investigation. As such, this constitutes active interference in the judicial investigative process and may result in the subversion of justice."
Ahmed added that "A sincere investigation by the CBI into these fake encounter cases has, for the first time, the potential to implicate many powerful politicians within Narendra Modi's [ Images ] administration who have been involved in terrorising minorities in the state of Gujarat".
Calling for strong action to be taken against the people behind the anonymous entities running the advertising campaign, Ahmed dubbed it as a "tactic of subverting justice at the altar of manufactured public opinion".
He further added that "without basic security and rule of law, no level of economic progress either lasts or earns the nation a global leadership status it may otherwise deserve.
"The Indian Muslim Council-USA said that lawsuits against the Gujarat police related to the fake encounter killings have already landed 15 senior police officials behind bars and the Supreme Court ordered CBI inquiry has the potential to indict several prominent politicians and ministers in the Narendra Modi administration. The Home Minister of Gujarat, Amit Shah, has reportedly gone into hiding fearing arrest by the CBI," it said.
© Copyright 2010 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent.
Tough to get justice in India: Neelam Katara
http://ibnlive.in.com/news/tough-to-get-justice-in-india-neelam-katara/115821-3.html?from=tn
CNN-IBN
Posted on May 20, 2010 at 19:40
Chandigarh: Neelam Katara, the mother who set an example of fighting against the high and mighty, says it is tough to get justice in India after the much-awaited verdict on former Haryana DGP SPS Rathore in the Ruchika Girhotra molestation case got deferred by five days.
A sessions court in Chandigarh was to deliver the verdict on Rathore's plea challenging his conviction by a CBI court on Thursday. Now it will be delivered on May 25.
Rathore was given six months sentence before he was out on bail after the verdict. CBI and Ruchika's family had appealed on enhancing his sentence.
After the verdict was deferred, Katara said: "It is very disappointing. Let the reason come out about why it has been deferred. Because that again has all kinds of misgivings. Someone who has been protected by a series of chief ministers, I am sure, has a lot to disclose if he is punished. And, possibly a lot of political support might be coming in as well.
"Definitely it is very difficult and especially now at this stage when you almost feel the justice will be done. The long fight for justice in this country is very difficult for any family to pass through. Aradhana's family and Ruchika's family need to be commended."
She says our laws need to be amended since most of those have been taken from the IPCC which is 200 years old and based on the condition in the United Kingdom.
"The law needs to be amended and sentences need to be enhanced. The complete process needs an overhaul as it is not geared to fight with all these kinds of problems which have come up and the delays caused by political pressure or by officers misusing their power," Katara pointed out.
Katara said, "There is a long way to go. Over these years the main reason why the rich and powerful delayed the case was because the witnesses were not available, the reports were not available."
To fight against powerful people is not easy. But then blame lies in the common man who makes them high and mighty. Although there are lots of loopholes, the system can still work, Katara hopes.
Katara's son Nitish was murdered by the son of a former Rajya Sabha MP D P Yadav from Ghaziabad.
Allowing women to be guardians: Panel examines bill
http://blog.taragana.com/law/2010/05/23/allowing-women-to-be-guardians-panel-examines-bill-22468/
By Rana Ajit, IANS
May 23rd, 2010
NEW DELHI - A parliamentary panel is scrutinising a bill aimed at giving Indian women equal rights as men in adopting children and becoming guardians of minors, including their own kids - something they are barred from under existing law.
The Personal Laws (Amendment) Bill, 2010 seeks to entitle women to equal rights as men on the issue of guardianship of minor children by removing a gender-discriminatory clause from a law of 1890 vintage - the Guardians and Wards Act. The bill, which also seeks to amend the Hindu Adoptions and Maintenance Act, 1956, was introduced in the Rajya Sabha April 22 by Law and Justice Minister M. Veerappa Moily.
As the first step to examine the proposed legislation, the Parliamentary Standing Committee on Ministry of Law and Justice, headed by senior Congress leader and Rajya Sabha member Jayanthi Natarajan, has solicited public opinion on the bill. Public views and opinion were sought by the Rajya Sabha secretariat last week. These have to be submitted by the month end. The house had referred the bill to the parliamentary panel for scrutiny and fine tuning.
The bill seeks to amend the Guardians and Wards Act to entitle a minor’s mother, besides the father, to be appointed as his or her guardian. The current provisions of the law authorise courts to appoint either the father or any other person, in case the father is not alive or not fit, as the guardian of a minor child.
The statement of objects and reasons of the bill explains that the amendment will “include the mother along with the father as a fit person to be appointed as guardian so that courts shall not appoint any other person as a guardian of a minor if either of the parents is fit to be the guardian of such minor.”
This amendment is being made under a recommendation in the 83rd report of the Law Commission of India, the bill explained.
Similarly, the bill seeks to amend sections 8 and 9 of the Hindu Adoptions and Maintenance Act to give women equal rights as men in matters of adopting children or giving her children in adoption to others.
The bill entitles any major Hindu woman of sound mind to adopt a son or daughter.
However, if married, she will have to take the consent of her husband for adopting the children, “unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind”, says the bill.
The bill also seeks to entitle the mother “to give her child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”
The present provision of the law entitles only men to adopt children, give them in adoption, albeit in consultation with their living wife and not vice versa.
Explaining the reasons behind seeking to change the law, the bill says: “As per the census held in 2001, the female population in India constitutes about 48.26 percent of the total population.”
“The empowerment of women by various legislative as well as other measures is an avowed policy of the government and bringing complete equality for them in all spheres of life is a matter of utmost concern,” the statement said.
It added that while “the constitution of India guarantees equality of status and equality of opportunity to all citizens, irrespective of the fact whether they are men and women, there is also a growing demand for making laws free from gender bias and to provide legal equality to women in all spheres of life.”
(Rana Ajit can be contacted at rana.ajit@ians.in)
HI and IHF on collision course after court order
http://timesofindia.indiatimes.com/sports/more-sports/hockey/HI-and-IHF-on-collision-course-after-court-order/articleshow/5963499.cms
IANS, May 22, 2010, 09.37pm IST
NEW DELHI: Hockey India (HI) and the court reinstated Indian Hockey Federation (IHF) have interpreted the Delhi High Court order to suit their line of thinking and questioned each other's existence. While HI secretary general Narinder Batra says Friday's court order does not bar him from holding the election to the new body, which came into existence after the Indian Olympic Association (IOA) de-recognised IHF headed by K. P. S. Gill, a senior IHF functionary has questioned HI's very right to exist. Batra said decks have been cleared for HI election in June and the election notice will be issued in four-five days. "The court order has no bearing on HI status as it is recognised by the International Hockey Federation (FIH) after it disaffiliated the IHF," Batra said. "If you read the whole order, the judge clearly said 'I am not here to decide the validity of HI'." "It does not affect us. Yes it is true that two bodies cannot exist, but international federation has disaffiliated IHF and later the Indian Women's Hockey Federation in 2000. They failed to merge the men's and women's units and since then they had affiliated Indian Hockey Confederation (IHC) which was also de-recognised later." The IHF member says the HI cannot go ahead with the polls as the sports ministry has to respect the court order, having filed an affidavit that it did not recognise HI. "What is HI's status? A five-member body cannot call itself a national federation. Now that the IHF has been reinstated, HI cannot hold the election, more so after the court clearly stated that the government and ministry should recognise IHF," a top IHF official said. "Moreover, the ministry in its affidavit to the court has said that it does not recognise HI. Yes, the international body will recognise the unit that is affiliated to the National Olympic Commitee. So we are waiting for the response of the IOA and the ministry before deciding on the future course of action." Batra said HI is ready to hold the election to replace the ad hoc body running the sport in the country. "There was a stay order in the elections in three courts of the country --Rajasthan, Mumbai and Tripura. We have got the stay vacated from all three courts, the last one was Tripura. We are waiting for a copy of that order and then we will go ahead with the election process." On other court cases, Batra said: "They are minor disputes and it will not hamper the election." "All 30 units and four institutions approved by HI are valid to take part in the elections." "We have implemented all the government guidelines for free, fair and transparent election. A retired judge will be the returning officer as mandated by sports ministry. There will be separate election observers from the government, the IOA and the FIH. Also, voting will be held in secret ballot." "We will issue the 21-day notice period before the elections in four or five days and it should take place in June. We are constant touch with the FIH and we keep them updated." Asked about Amrit Bose, Pargat Singh and others crying foul over the manner in which HI is going about the election, Batra said: "I do not understand how can they criticise the process when Amrit Bose, Gurbax Singh, Pargat Singh are signatories to the affiliations given to the state units."
No early hearing of plea against Soren
http://beta.thehindu.com/news/national/article434725.ece
J. Venkatesan
The Supreme Court on Thursday declined to grant early hearing on a writ petition questioning the continuance of Shibu Soren as Jharkhand Chief Minister.
Justice G.S. Singhvi, heading a vacation Bench told counsel for the petitioner, Babu Lal Marandi, MP, that since there was no urgency in the matter it would come up for hearing in the normal course. Justice C.K. Prasad was the other judge on the Bench.
Mr. Marandi alleged that Mr. Soren had committed a fraud on the Constitution by repeatedly availing himself of the benefit of Article 164 (4) to become Chief Minister, but without getting elected to the legislature.
In the latest instance, he was sworn in as Chief Minister on December 30, 2009, and he could continue in the post only if he was elected to the Assembly within six months. But, owing to paucity of time, there was little chance of the Election Commission completing the poll process in the remaining 43 days of the six-month time available. Further, there was no vacancy in the legislature, the petition said.
http://www.ptinews.com/news/664130_Will-study-HC-order-on-IHF-and-decide-action-Gill
STAFF WRITER 19:43 HRS IST
New Delhi, May 22 (PTI) Sports Minister MS Gill today said his ministry would study the Delhi High Court verdict reviving the Indian Hockey Federation (IHF) before deciding on the next course of action.The Delhi High Court yesterday quashed Government and Indian Olympic Association (IOA) orders derecognising and disaffiliating IHF in 2008 after its secretary K Jothikumaran was caught on camera taking bribes to select a player.Reacting to the order, Gill said, "I have not received a copy of the order, just read it in the newspapers. But my answer is simple. Whatever the High Court ordered, we have to accept that. My ministry will read it, think over it and then decide what to do."After disbanding IHF, IOA first set up an ad hoc committee and then put in place Hockey India, merging men and women's units, as directed by the International Hockey Federation (FIH).
Punjab & Haryana HC has 16 ‘uncle judges’http://www.tribuneindia.com/2010/20100523/main6.htm
Saurabh Malik/TNS
Chandigarh, May 22The Punjab and Haryana High Court has as many as 16 Judges with their kith and kin practising in the same court. The Chief Justice of the Punjab and Haryana High Court has already forwarded their list to the Union Ministry of Law and Justice.
The list was sent in response to a communication received by the high court from the ministry. In the beginning of this year, the ministry had asked the high courts across the country to identify and furnish the list of all such judges who have their kith and kin practising in the same court.
Available information suggests that some of the judges here not only have their sons, daughters but also their siblings and other relations like nephews and brothers-in-law practising in the same court. At least four judges have their relatives working in the office of the Punjab and Haryana advocates-general office. Some other judges have relatives appearing before the Bench in the same court.
The list forwarded by the high court mentions the names of Justice Adarsh Kumar Goel, Justice Ashutosh Mohunta, Justice M.M. Kumar, Justice S.K. Mittal, Justice Hemant Gupta, Justice V.K. Sharma, Justice TPS Mann, Justice Mahesh Grover, Justice S.D Anand, Justice K.C Puri, Justice K.S. Ahluwalia, Justice Sabina, Justice Jora Singh, Justice M.S. Sullar, Justice Gurdev Singh and Justice Harbans Lal.
The issue again gained momentum only recently after Union Law Minister Veerappa Moily told The Tribune in an exclusive interview that the Law Ministry was asking the judges to give an undertaking at the time of their elevation that they would not function in a court where their relatives were practising.
Moily’s assertion had come in the presence of Attorney-General Goolam E. Vahanvati, Additional Solicitor-General Mohan Jain and Haryana Chief Minister Bhupinder Singh Hooda at a ceremony to felicitate the law minister.
The Law Commission has discussed the issue in its 230th report as well. The commission has made it clear that it is against the policy of transferring Chief Justices; and he should rather be from the same high court. But while making appointment of judges, advocates with kith and kin practising in a high court, should not be posted in the same high court. This would eliminate “uncle judges”, it said.The Punjab and Haryana High Court’s former chief justice, Justice B. K. Roy, too had earlier issued an administrative order barring a group of 10-12 judges from hearing any case argued by their relatives. In his order, Justice Roy had said: “It was generally believed that A, B, C and D (all judges) constituted a mutual cooperative society in the sense it was believed that each of the four judges (A, B, C and D) would protect the sons of the three other judges.” The order had led to widespread protests.
List of judges
Justice Adarsh Kumar Goel
Justice Ashutosh Mohunta
Justice M.M. Kumar
Justice S.K. Mittal
Justice Hemant Gupta
Justice V.K. Sharma
Justice TPS Mann
Justice Mahesh Grover
Justice S.D Anand
Justice K.C Puri
Justice K.S. Ahluwalia
Justice Sabina
Justice Jora Singh
Justice M.S. Sullar
Justice Gurdev Singh
Justice Harbans Lal
HC quashes rules framed by CIC prescribing appeal procedure
http://www.zeenews.com/news628591.html
Updated on Sunday, May 23, 2010, 09:49 IST
New Delhi: The Delhi High Court has struck down the rules framed by the Chief Information Commissioner on procedure for deciding appeals before it under the RTI, saying the CIC has no power to enact such regulations under the transparency law. "The Chief Information Commissioner has no powers to make rules under the RTI Act. Both the 'appropriate government' and the 'competent authority' have been empowered by the Rules to make rules to carry out provisions of the Act," a bench of Justices Badar Durrez Ahmed and Veena Birbal said.
"The CIC by formulating the regulations and prescribing the procedure for deciding appeals, has clearly violated the provisions of the RTI Act," it said. The order was passed on a plea of DDA seeking quashing of Central Information Commission (Management) Regulations, 2007 enacted by the Commissioner to decide procedure for special appeals before itself.
The court said the Act did not empower the CIC to make any regulations encroaching upon the subject matter of the rule-making power of other public bodies and the regulations had been framed in complete derogation of the provisions of the RTI Act. While deciding on the appeal, the bench also ruled that the Commission has no mandate to appoint committee having outside members to inquire into whether public body complied with the transparency law. Interpreting the provisions of the Act, dealing with powers and functions of the Commissions, the court said "It is apparent that the inquiry that is contemplated under the Act is an inquiry by the Information Commission itself. There is no provision for an inquiry to be conducted by any other committee for and on behalf of the Information Commission." "There is nothing prescribed either in the Act or the Rules made thereunder, whereby the Central Information Commission could be said to have been empowered to delegate its power of inquiry to some other person or a committee of persons," it said. PTI
HC directs OSLSA to probe into Kalinganagar violence
http://www.ptinews.com/news/664279_HC-directs-OSLSA-to-probe-into-Kalinganagar-violence
STAFF WRITER 21:49 HRS IST
Cuttack, May 22 (PTI) Orissa High Court today directed the Orissa State Legal Services Authority (OSLSA) to conduct an enquiry into recent violence at Kalinganagar in Jajpur district.Chief Justice Venkatgowda Gopalagowda and Justice Laxmikant Mohapatra, hearing a PIL filed by lawyer and social activist Ramachandra Ray, directed the member-secretary of OSLSA to submit the report by Thursday next.The petitioner had alleged state government-sponsored anarchy at Kalinganagar and had demanded a CBI or Human Rights Commission probe into the chaos and lawlessness in the area.Violation of human rights is rampant in the locality and tribal people are forcibly evacuated from their homes in Kalinganagar where the government is setting up a common corridor road to facilitate different industrial units coming up in the area, the petition had alleged.
Outgoing CJI, K.G. Balakrishnan, admits of corruption in judiciary
http://www.newsofap.com/newsofap-14813-25-outgoing-cji-kg-balakrishnan-admits-of-corruption-in-judiciary-newsofap.html
Emphasizing that there is 'miniscule' corruption in the higher judiciary, outgoing Chief Justice of India (CJI) K.G. Balakrishnan on Monday said he felt sad that motive had been attributed to him in Karnataka Chief Justice P.D. Dinakaran's case even though all norms had been followed."No politician would like to come and meet a judge because he would be in trouble if the judge exposes him," the outgoing CJI, who demits office on Tuesday, told a television news channel, in response to a question on whether politicians or government functionaries ever try to approach judges to influence a verdict.When asked about several cases of judicial misconduct that have surfaced in the recent past, Balakrishnan said: "Corruption in any instance will bother any Chief Justice but considering the number of cases, the number of judges in this country, it (corruption) is only miniscule."The CJI also lamented that he had come under a cloud while dealing with allegations against former Karnataka Chief Justice Dinakaran, who has been accused of judicial misconduct and misappropriating government land.While refusing to answer whether Justice Dinakaran was transferred to the Sikkim High Court, he said: "Normally we don’t disclose all these things (but) some motives were attributed to me also. I felt sorry for that. We worked systematically, following all norms and so I felt sad when somebody attributed motives on something. Then you feel bad about it."Speaking on the issue of post-retirement assignments for judges of the higher judiciary, Balakrishnan sought to discount the popular impression that "the Supreme Court judges may favour the government to get these posts".He said the number of tribunals needing the services of retired judges far outnumber the retired judges."People think that Supreme Court judges may favour the government to get these posts. But it is the other way: there are an insufficient number of judges to man these tribunals," said the CJI.The CJI said: "Recently, I got letters from the government to suggest two names for two tribunals (but) we don't have judges because after justice Tarun Chaterjee there has been no retirement.""You see many of the tribunals are manned by retired judges of the Supreme Court. How (else) will we carry on this work of the regulatory authorities as we are now in a regulatory regime."On whether he would be accepting the government's offer to man the post of national Human Rights Commission chairperson after his retirement, the CJI said: "I am not sure. I have not made up my mind on this."The CJI, who recently gave verdict on high-voltage Ambani brothers gas dispute, said that he never felt any pressure while adjudicating any case."I have never felt any pressure in any case that I have heard," he said adding that "people do not understand the working of judiciary.” Date : 10/05/2010. News by Newsofap.com
Moily: Centre for changes in Memorandum of Procedure of appointment of Judges
http://beta.thehindu.com/news/national/article436132.ece
J. Venkatesan
So that the Executive will have more say in the appointments
The Centre is contemplating certain changes in the Memorandum of Procedure of appointment of Judges under, which the Executive will have more say, according to the Union Law Minister Veerappa Moily.
In an exclusive interview to The Hindu here on Thursday, Mr. Moily speaking on a wide range of issues said, at present the system of appointment of Judges was governed by the Supreme Court 1993 and 1998 judgments and the Memorandum of Procedure, viz. the collegium system of appointment, was evolved subsequent to the 1998 judgment.
He said the government after obtaining the opinion of the Attorney General G.E. Vahanvati on the two judgments had proposed certain changes in the procedure so that the Executive would have more say in the appointments even at the stage of selection of judges to weed out tainted persons from being appointed. He said the proposal was sent to the former Chief Justice of India K.G. Balakrishnan for his consideration. However, Justice Balakrishnan had left it to the present CJI S.H. Kapadia for his consideration and “we are awaiting his decision in this regard.” He pointed out that there were about 280 vacancies of posts of judges in the High courts and the government wanted to take the judiciary into confidence before any major step was contemplated.
Asked what would be the government's response if the CJI did not accept the changes in the Memorandum of Procedure, he said, “we will have to go in for Constitution amendment to bring in necessary changes. I don't think such a step is required at this stage. We are confident that the judiciary will accept these changes as they are in conformity with the two Supreme Court judgments.”
On the Judicial Accountability Bill, he said, the Group of Ministers had cleared the Bill and it would be introduced in the monsoon session of Parliament. It was expected to be placed before the Cabinet shortly, he said. Under the Bill there was a move to appoint an Oversight Committee to go into complaints against judges. The committee was empowered to recommend minor and major punishments like asking the judge concerned to go on leave or not to assign any work to him, giving him a warning or censure besides the removal procedure.
Regional Benches
Asked whether the government was in favour of setting up of Supreme Court Benches, he said, the government was not in favour of regional Benches. But as in the United Kingdom, he said, “we are contemplating courts of appeal in various regions to restrict the appeals in criminal and civil cases so that the Supreme Court can concentrate on constitutional matters.”
On the move to increase the retirement age of High Court judges from 62 years to 65 years, he said, the government was considering the proposal to make the retirement age of High Court judges on par with Supreme Court judges. But he said there was no proposal to increase the retirement age of Supreme Court judges from 65 to 68 years. He, however, said that no final decision had been taken in the matter.
Patna High Court allows screening of Kites in Bihar
http://bihartimes.com/Newsbihar/2010/May/Newsbihar22May3.html
Patna,(BiharTimes): Justice Navaniti Prasad Singh of the Patna High Court on Friday allowed the screening of Hindi film Kites after staying an order of a subordinate court in Sitamarhi district of Bihar.The court allowed the screening of the film after it admitted a writ petition filed by M/s Film Craft Production Pvt Limited challenging the stay ordered by the Sitamarhi court on the “international screening” on Friday.
On Thursday the Sitamarhi court had stayed its screening till May 24. The court responded after a bunch of petitions were filed by Laxmi Narain, an advocate, M/s Happy Enterprises and M/s Spectrum Enterprises raised the issue of violation of copyright and distributorship of the film in Bihar.
The court ordered issue of notices to the Bihar government and respondents to represent their sides on the writ petition in the court.
Writ filed to take action against Telugu Desam MLC
http://www.deccanchronicle.com/hyderabad/writ-filed-take-action-against-telugu-desam-mlc-684
May 18th, 2010
Hyderabad, May 17: A writ petition was filed in the Andhra Pradesh High Court on Monday seeking a direction to the police to take action against the newly elected TD MLC, Mr P. Narender Reddy.
Mr Golla Ramchandraiah, a native of Shabad village in Ranga Reddy district, filed the petition alleging that the MLC slapped him and forcibly took him in his car and later confined him in a room to beat him up with rubber pipes. He further alleged that the MLC threatened him with dire consequences.
He told the court that he lodged a complaint against the MLC before the Shabad police, but they refused to entertain his complaint and he approached junior first class magistrate court at Chevella and filed the complaint and it was referred to the police to investigate the case.
He said that the Shabad police registered a case under Section 323, 364-A, 342 and 506 of the IPC against the MLC, but they did not take any action against the accused so far.
Plea filed against inaction on sarpanch
A writ petition was filed in the High Court seeking a direction to declare the action of the authorities in not removing Mr M. Narsa Goud from the post of the sarpanch of Gambhiraopet gram panchayat in Karimnagar district as illegal.
Mr K. Anjaneyulu, a resident of Gambhiraopet, filed the petition stating that the district collector issued a showcause notice to the sarpanch on March 30, 2010 for alleged misappropriation of the gram panchayat funds. He told the court the inquiries conduct against the sarpanch for his misconduct and alleged misappropriation of funds have been proved, but the district collector instead of removing the sarpanch from the post issued a memo on April 24, and reinstated Mr Narsa Goud as sarpanch.
Mangalore Air India crash: Accident or Negligence of authorities?
http://mybangalore.com/article/0510/mangalore-air-india-crash-accident-or-negligence-of-authorities.html
By Staff Reporter Published: May 22 2010
Air India Express from Dubai crashed outside Mangalore's airport today, killing at least 160 people. Two organizations had filed a PIL in 2004 for allowing this 2nd runway to be built in negligence of applicable norms and standards
An Air India Express Boeing 737-800 aircraft arriving from Dubai with 167 on board 2010 tragically crashed at Mangalore International Airport at 6.30 am today. The plane overshot the runway while landing and fell over a cliff resulting in this disastrous crash.
The accident seemed to have occurred due to the bad condition of the runway. According to sources “The length of the runway is comparatively small but the cause of the accident is yet to be ascertained. The airport at Bajpe, which is about 30 km from Mangalore is situated in a hilly area and is considered to be one of the most difficult airports to take off and land,”
Vimana Nildana Vistharana Virodhi Samithi (Local Communities Alliance Against Airport Expansion), Bajpe and Environment Support Group had repeatedly highlighted the high risk expansion of the Mangalore airport around 2004. And even after filing several PILs, the Government didn’t seem to react. The matter went to High Court even but was rendered baseless.
“This was no accident, but the direct result of deliberate failure of officials for allowing this 2nd runway to be built in negligence of applicable norms and standards. No one in authority cared to listen to our fervent pleas. This even when we demonstrated through a variety of representations that that the site chosen for expansion at Bajpe was surrounded by deep valleys on three sides of the runway and did not provide for emergency landing areas as required,” Said Leo F. Saldanha, Coordinator, Environment Support Group.
Arthur Pereira, Spokesperson (VNVVS) said “This neglect of our legitimate concerns forced us to move the High Court of Karnataka but then again, nothing really happened there. A key concern raised was that the 2nd runway in Mangalore could not meet the standards required in dealing with an emergency, particularly during landings and takeoffs – a time when air crashes are most likely to happen,”
“Six years later today we are mourning the unfortunate death of so many people who should have been alive. Of course all sorts of explanations will be on offer, but none of that can bring lost lives back or cure the tragedy that has wrongly befallen so many families,” Said Arthur.
India today is frantically building airports all over, and for all sorts of flaky reasons. It is truly sad that because of the failure of key decision makers so many innocent lives have been lost.
Parents hail government's decision
http://timesofindia.indiatimes.com/City/Nagpur/Parents-hail-governments-decision/articleshow/5960350.cms
TNN, May 22, 2010, 02.41am IST
NAGPUR: A parent from Aurangabad, Raju George, expressed happiness over the government's decision and termed it as victory for the common man. "I thank the media and the judiciary for saving innocent students," said George. Raju and other aggrieved parents had filed a PIL in the Aurangabad bench and had also written a letter to PM Manmohan Singh, Congress chief Sonia Gandhi and Union HRD minister Kapil Sibal against the domicile rule. They said that their children would be forced to take admissions in management quota by paying exorbitant fees (Rs 10-15 lakh) owing to change in domicile conditions. The same letter was also forwarded to chief minister Ashok Chavan, higher and technical education minister Rajesh Tope, director of technical education SK Mahajan, and former principal secretary for higher education JS Saharia. The other parents who were part of the petition include P Mohandas, P Padmanabhan, TN Rajan, PV Mohanan. Another parent, Kingshuk Kumar Mondal, had written a letter to the high court citing the TOI report.
Waterlogging: Court direction to Himantahttp://www.assamtribune.com/scripts/detailsnew.asp?id=may2210/city06
GUWAHATI, May 21 – The Division Bench of the Gauhati High Court, comprising Chief Justice Ramesh Surajmal Garg and Justice Hrishikesh Roy, after hearing a PIL (No. 44/08) along with other connected PILs and writ petitions today directed Himanta Biswa Sarma, Minister, Guwahati Development Department to file an affidavit in the said PILs. The PILs have been filed for the artificial flood and water logging problems being faced by various areas of Guwahati city.
During the course of hearing, the court observed that the Minister of Guwahati Development Department at a press conference made a statement before the media that the water logging problems faced by Guwahati can not be solved and also made some irrelevant statements on the issue. The court, considering the minister’s observation made to the press, directed him to file an affidavit justifying his statements in the said PIL within May 26.
The court has also passed similar direction in the PIL No. 81/09 which was filed by Ketaki Bardalai and Dr Santwana Bordoloi for a direction to ensure strict implementation of the provisions of the Guwahati Municipal Corporation (collection, removal and disposal of solid wastes and efficient cleaning and scavenging of streets, drains and premises) bye-laws, 2000.
Indraneel Lahiri and AA Mir, advocates appeared for the petitioner in PIL No. 44/08 before the court.
BASTARDS WHO HAVE BLOOD ON THEIR HANDS
http://churumuri.wordpress.com/2010/05/22/bastards-who-have-blood-on-their-hands/
By churumuri
The following is the full text of a press release issued by Environment Support Group, a Bangalore-based NGO, on the air crash in Mangalore.
Doubtless, it represents one side of the story, but it lays bare the complicity of governments at the Centre and in the States, the judiciary in Delhi and Bangalore, local politicians, businesses, corporate bodies—and the apathy of the “general public”—that resulted in 160-plus lives being snuffed out, and hundreds of families being thrown in disarray.
What it also does is shine the light, and an ugly light at that, on the unquestioning thirst for “development” and the resulting cynicism of those who ask questions and are seen as obstacles in the path to progress.
***
“MANGALORE AIR CRASH TRAGIC FALLOUT OF CRIMINAL NEGLIGENCE OF PLANNING, REGULATORY AUTHORIES“
An Air India Express Boeing 737-800 aircraft arriving from Dubai with 167 on board tragically crashed at Mangalore International Airport at 6.30 am today (22 May 2010). It is reported that the plane overshot the runway while landing and fell over a cliff resulting in this disastrous crash. Very few are known to have survived this horrific crash.
This was no accident, but the direct result of deliberate failure of officials at the highest level in the director general of civil aviation (DGCA), airports authority of India (AAI), ministry of civil aviation, and the government of Karnataka for allowing this second runway to be built in criminal negligence of applicable norms and standards.
Such a strong charge is being made as the likelihood of this kind of a crash (the worst case scenario) was predicted.
A series of public interest litigations (PILs) were fought by the undersigned to stop the construction of this second runway in Mangalore airport on grounds that the design simply did not conform to the most basic national and international standards of airport design.
The PILs also highlighted that the airport does not conform with the most minimum safeguards for emergency situations, particularly during landings and takeoffs, and could not have emergency approach roads within a kilometre on all sides of the airport as required.
It is truly sad that because of the failure of key decision makers at the highest levels so many innocent lives have been lost. It is quite possible that many lives were lost as emergency rescue teams could not access the crash site due to the difficult terrain (a valley) for over a hour after the incident, even though it was proximal to the site.
That such a crash has occurred at the Mangalore airport is unpardonable as a similar crash had occurred at this airport over a decade ago. (Fortunately the plane did not tip over into the valley and all passengers, including Union law minister Veerappa Moily, were fortunate to escape.)
Vimana Nildana Vistharana Virodhi Samithi (local communities alliance against airport expansion), Bajpe, and Environment Support Group had repeatedly highlighted the high risk expansion of the Mangalore airport during the late 1990s. The expansion was proposed to enable flight movements of wide bodied aircrafts, such as Airbus A 320.
Authorities were repeatedly informed that the proposal did not at all conform with the standards prescribed for runway design as laid down by the DGCA, national building code of India and ministry of civil aviation.
Further, considering that the airport was proposed for international flights, a case was also made that the second runway could not conform with international civil aviation authority standards due to terrain limitations.
No one in authority cared to listen to our fervent pleas. This, even when we demonstrated through a variety of representations that that the site chosen for expansion at Bajpe was surrounded by deep valleys on three sides of the runway and did not provide for emergency landing areas as required.
This neglect of our legitimate concerns forced us to move the High Court of Karnataka in a PIL in 1997 (Arthur Pereira and others vs the Union of India and others, WP No. 37681/1997). A key concern raised was that the second runway in Mangalore could not meet the standards required in dealing with an emergency, particularly during landings and takeoffs, a time when air crashes are most likely to happen.
AAI filed an affidavit in Court dismissing all our concerns and stated this, amongst other things:
“It is submitted that as regards the apprehensions of the petitioner that the length and width of the runway is insufficient for a plane making an emergency landing, the same is without any basis. It is respectfully submitted that all the requirements as per the ICAO recommendation will be met and that there has been no infringement of any of the recommendation and limitation therein.”
On the basis of this affidavit, hon’ble chief justice Y. Bhaskar Rao and the hon’ble justice A. M. Farooq (as their Lordships then were) dismissed this PIL ordering as follows:
“It is stated that the fear of the petitioners that the runway is insufficient for any emergency landing of a plane is without any basis since before the project is to proceed, the authorities will be meeting the recommendations of the ICAO. It is also stated that there is no basis for the allegations made by the petitioners to the effect that the various safety measures have not been followed. That on the other hand they will be getting all the relevant materials described by the petitioners which will be followed in letter and spirit without which the airport would not have been conceived in the first place.
“Thus it can be seen that the expansion of Bajpe airport project is at the initial stage and the second respondent has in their objections mentioned above unequivocally stated that all the safety measures etc, stated by the petitioners in their writ petition will be followed during the progress of the project and nothing can be said before the lands are handed over to the second respondent.
“Considering these facts, we are of the view that the petitioners have rushed to this court before commencement of the project itself and the writ petition is premature. It is not, therefore, necessary to consider the various grounds taken by the petitioners in the writ petition to allege that the respondents have been proceeding with the project in a casual manner.
“There is nothing to doubt about the statement made by the second respondent in their objection statement and we are sure that the respondents will be taking all necessary measures under the different enactments etc.., before proceeding with the project in question. The writ petition stands dismissed.“
***
Even though alternative sites existed, the authorities proceeded obstinately to expand the airport yielding to pressures from business, real estate and hotel lobbies who benefited immensely from an airport at Bajpe.
Politicians keen to make the expansion a part of their legacy overlooked all concerns raised. Even at the existing Bajpe alternative sites existed to expand the airport, that conformed with most safety norms, but this site was not pursued as it would affect large landholders and influential people. Consequently, nothing whatsoever was done to respond to the concerns we raised about the risks involved in the second runway.
AAI did not even have a proper feasibility study and claimed that such a critical information detail would only be prepared after the land was acquired for the airport. Surely this amounted to putting the cart before the horse, for the study, even if eventually prepared, would have been tailor made to justify the decision to so expand the airport.
Distressed by such a turn of events and the absolute lack of compliance with applicable norms and standards, we appealed to the ICAO to intervene in the matter. The ICAO claimed did not respond and so we returned to the High Court with a fresh PIL in 2002.
In this exhaustively researched PIL many significant concerns were raised and a case was made that the second runway could not conform with ICAO norms for the following reasons:
“Minimum area for stop-way: At page 155 of the said (ICAO) report, para 2-1 prescribes standards for providing the minimum area for a stop way and/or a clear way in the event an aircraft undershoots or overruns the runway. For instance, if an aircraft has initiated take off, and a technical flaw requires emergency stop, the standard prescribes the minimum area that should be kept free to enable such a stop.
“In the instant case, the runway distance itself is about 2400 metres, and even if the area left is most cautiously utilised, what is left is only about 300 metres on each end of the runway. By the prescribed standard, this is far below the required distance needed for an emergency stop way.
“Therefore, the chances of an aircraft that has achieved the decision speed forcing an emergency stop are critically minimised, and the inevitable consequence could be that the plane would come crashing down the hillsides from a height of 80-100 metres on either side of the proposed runway.”
(This safety standard of ICAO also applies to air crafts when landing. It is truly sad that today’s tragic air crash could be a consequence of the lack of conformance with this standard.)
The High Court of Karnataka dismissed this PIL initiative by their order dated 27 May 2002 (WP 20905/2002) stating the following:
“No doubt, in an appropriate case, this Court can issue directions, if there is gross violation of fundamental rights or if the issue touches the conscience of this Court, but not for personal gain or political gain. The construction of second runway and terminal tower in Mangalore Airport will otherwise be in the interest of public.
“Learned counsel has not been able to show how the construction of second runway and terminal tower in Mangalore Airport will be against the public interest. On consideration and in the facts of the given case no direction as prayed for can be issued in this PIL.
“The authorities concerned have to complete all formalities as per law before commencement of the project. Accordingly, this Writ petition is dismissed. However, it is made clear that dismissal of this petition will not preclude the concerned Authorities to take all necessary precaution and to complete the formalities as per law before proceeding with the project in question.”
In a desperate effort to stop the Mangalore airport from so expanding and needlessly exposing innocent people to unnecessary risk, we went on appeal against the High Court order to the Hon’ble Supreme Court of India.
Dismissing the appeal, the Supreme Court ruled 07 February 2003 in Environment Support Group and others. vs. Union of India and others [SLP(C) 1172 OF 2003] as follows:
“We see no reason to interfere with the impugned order. Accordingly, the special leave petition is dismissed. We, however, clarify that in constructing the airport, the Government shall comply with all applicable laws and also with environmental norms.”
One hopes with the benefit of hindsight that the DGCA or AAI had complied with this order of the Supreme Court and ensured Mangalore airport was developed in full conformance with applicable laws, standards and norms. In case the current site was not feasible, they could have easily explored alternate sites, as such sites did exist – within Bajpe itself, or even in Padubidri, between Mangalore and Udupi.
Instead, the authorities preferred to view the Supreme Court order as a victory, as did the Karnataka Government and Mangalore Chamber of Commerce and Industry which had systematically campaigned for the expansion.
Without any further hesitation the second runway construction began in 2004 and was commissioned in May 2006. No techno-economic assessment, feasibility study, or even an comprehensive Environment Impact Assessment was ever done for the second runway. Simply put, the runway was built in comprehensive violation of applicable laws, standards and direction of the Supreme Court.
On 8 March 2004, we wrote to Dr. Naseem Zaidi, chairman (additional charge) & joint secretary, AAI, ministry of civil aviation, reminding him of the need to comply with the Supreme Court direction.
In particular we highlighted that:
“…such action would jeopardize passenger safety, put local communities to risk, needlessly dislocate people by acquiring land on a location that in no way could comply with the said provisions and thereby contributed to gross wastage of public money and resources.”
We did not get any response.
Six years later today we are mourning the unfortunate death of so many people who should have been alive. We are clear that this is no accident, but a direct result of the series of deliberate failures of officials and key decision makers at the highest levels of all authorities connected with the decision to allow the 2nd runway to be constructed and commissioned. Of course all sorts of explanations will be on offer, but none of that can bring lost lives back or cure the tragedy that has wrongly befallen so many families.
India today is frenetically building airports all over, and for all sorts of flaky reasons. Such is the political, bureaucratic and corporate pressure to build and expand airports that anyone questing the rationale is quickly dubbed as a “busybody”, “useless interloper”, “promoted by vested interest” and raising “frivolous” concerns.
To ensure such incidents do not recur, we demand that the Union minister of civil aviation orders an impartial commission of enquiry into the causative factors of this crash, especially investigating the absolute lack of conformance with basic runway design standards and emergency approach measures.
As a small tribute to those who lost their lives in this tragic air crash, ESG offers to assist crash affected families to initiate a damage suits against the Government. We will also initiate criminal negligence proceedings against all authorities connected with the decision to commission the second runway at Mangalore in violation of the directions of the Hon’ble Supreme Court.
We take these corrective actions in the hope they would serve as a deterrence against the lackadaisical approach to critical decisions by key decision makers.
***
Leo F. Saldanha, coordinator, ESG, phone: 9448377403, leo@esgindia.orgArthur Pereira, trustee, ESG and spokesperson Vimana Nildhana Vistarana Virodhi Samithi, Bajpe,Mangalore, phones: 9449208264/9481439921, arthurjpereira@gmail.com
Kasab gets copy of 26/11 judgement, can appeal in 60 days
http://economictimes.indiatimes.com/news/politics/nation/Kasab-gets-copy-of-26/11-judgement-can-appeal-in-60-days/articleshow/5963000.cms
22 May 2010, 1830 hrs IST,PTI
MUMBAI: Pakistani terrorist Ajmal Kasab, sentenced to death for killing 166 people in the 26/11 Mumbai terror attacks, has been handed over a copy of the judgement by the jail authorities. Kasab was given a copy of the judgement yesterday and he kept it with himself in the cell, jail sources said today. According to the jail manual, a convict can appeal to the high court by writing a letter within two months of receiving the judgement. At this stage, Kasab does not need a lawyer and he may inform the jail authorities that he intends to appeal against his conviction by writing a letter. The jail authorities would in turn submit his petition (letter) to the Bombay High Court in a prescribed format. When the high court hears the appeal, Kasab can engage a lawyer of his choice or, if he cannot afford to do so, the court may on his behalf appoint a lawyer. The trial court would also forward to the high court a copy of the judgement along with documents and affidavits of witnesses for confirmation of death sentence awarded to Kasab. The process is on and would be completed soon, sources said. The government can also file an appeal against the judgement which acquitted two accused Faheem Ansari and Sabauddin Ahmed. Kasab's appeal, confirmation of death sentence awarded to him and the government's appeal would be heard by the high court simultaneously. During the trial, Kasab was given legal aid by the court which appointed two lawyers to defend him. Kasab continues to be in solitary confinement in the Arthur Road central jail where he is guarded round-the-clock by Indo-Tibetan Border Police. The lone surviving 26/11 gunman has been put up in a bomb and bullet proof cell and his movements are watched through CCTV cameras installed in the jail. He spends most of the time reading story books in Urdu and Quran. Kasab offers namaz (prayers) five times a day and speaks to the guards occasionally when he feels lonely, the sources said.
Government thinking of raising retirement age for high court judges to 65
http://www.dnaindia.com/india/report_government-thinking-of-increasing-retirement-age-of-hc-judges-to-65_1386040
PTI
Friday, May 21, 2010 21:09 IST
New Delhi: Government is thinking of increasing the retirement age of high court judges from 62 to 65 years, law minister M Veerappa Moily said today.
"Earlier we were not thinking, now we are thinking...it is only for high court judges," Moily told PTI here, ruling out enhancing retirement age of Supreme Court judges which is now 65 years.
He was asked when he would move the proposal to the Union Cabinet for approval. The increase in retirement age would require a Constitutional amendment.
"Raising the retirement age of high court judges from 62 to 65 years will also aid in elimination of vacancies," a law ministry 'Blueprint' on legal and judicial reforms approved in principle by the Union Cabinet in November last year had said.
"If the retirement age of HC judges is increased, most HC judges would not like to get elevated to the SC...they want to come to the apex court as the retirement age in SC is 65 years," a senior law ministry official said.
Interestingly, Moily had recently informed the Rajya Sabha that "government at present is not considering to increase the age of retirement of judges."
There is a consensus among political parties to hike the retirement age of HC judges.
Over 40 lakh cases were pending in the 21 high courts of the country, which were facing a shortfall of 265 judges, according to latest official data.
While the sanctioned strength was 895, the 21 HCs were working with 630 judges.
HC slams CIC for exceeding powers
http://timesofindia.indiatimes.com/City/Delhi/HC-slams-CIC-for-exceeding-powers/articleshow/5960161.cms
TNN, May 22, 2010, 12.39am IST
NEW DELHI: Delhi high court on Friday clipped the wings of the Central Information Commission while quashing the latter's observations against the Delhi Development Authority (DDA) vice-chairman for failing to appear before it with regard to an RTI matter. The high court has said the Central Information Commission has exceeded its powers. "This is a case where the Central Information Commission and the Chief Information Commissioner have overstepped their jurisdiction and have thereby transgressed the provisions of the very Act which created them," said a division bench of Justices B D Ahmed and Veena Birbal. The high court bench set aside the CIC's September 2009 order against the senior-most officer of DDA and said "no adverse inference could have been drawn for the absence of the DDA vice-chairman". HC clarified that the CIC could call any person to be present during the hearing before it only for the purposes of giving evidence — oral or written — or for producing any document. "The DDA vice-chairman was not summoned for either giving oral evidence or written evidence or to produce any document or things in his possession. He was directed to be present for other reason. That power is not there with the CIC," the court added. The court also set aside the commission's order appointing an inquiry committee to go into the details of dealing with the RTI Act by all wings and departments of DDA. On September 22 last year, the CIC had formed the committee comprising director of ministry of urban development Shujata Chaturvedi, Dunu Roy from the Hazards Centre and Pankaj KP Shreyaskar, joint registrar, and sought a report within 45 working days from the date of order. The commission order had come after DDA secretary V M Bansal was not able to clarify various points raised by the commission while hearing the plea of an RTI applicant Sarbajit Roy who had complained of poor implementation of RTI Act at the DDA.
Delhi HC revives IHF; Gill ecstatic
http://economictimes.indiatimes.com/news/politics/nation/Delhi-HC-revives-IHF-Gill-ecstatic/articleshow/5960397.cms
22 May 2010, 0320 hrs IST,ET Bureau
NEW DELHI: In a setback to the Union sports ministry, the Delhi High Court on Friday quashed the Indian Hockey Federation’s derecognition by the Indian Olympic Association (IOA). The court also reinistated KPS Gill as the sports body’s head. Describing the IOA’s decision to disaffiliate IHF as “knee jerk” reaction, the court said the action was illegal. “Unfortuntely for over two years now the petitioner, IHF, has continued to remain under an illegal suspension followed by an illegal disaffiliation and an illegal de-recognition. This situation calls for a restitutive correction.” Mr Gill said the judgment is in the interest of Indian hockey and that the IHF will soon be back in action. “We are already having the nationals and soon we will call the AGM of the IHF and take necessary steps to revive the game in the country,” he said. Mr Gill said the IOA and the sports ministry should accept the court’s verdict and allow the federation to function as the sole authority to run the sport in the country. “It is a detailed and well-reasoned out order. It is self-explanatory and it has been taken in the interest of hockey in the country. Now it is for all the concerned parties to respect this order,” Mr Gill said. IHF was disaffiliated by the IOA in 2008 after its secretary-general Jothikumaran was allegedly caught in a sting operation, demanding cash from players for selection in the national team.
Don't dismantle Lakshmi Vilas, HC directs JDA
http://timesofindia.indiatimes.com/city/jaipur/Dont-dismantle-Lakshmi-Vilas-HC-directs-JDA/articleshow/5960460.cms
TNN, May 22, 2010, 04.03am IST
JAIPUR: A division bench of the Rajasthan High Court on Friday directed the Jaipur Development Authority (JDA) not to dismantle Lakshmi Vilas Hotel and Kanak Bhawan, in the premises of Rambagh Complex, sealed by it following an interim order of the court on May 10. The bench of Chief Justice Jagdish Bhalla and Justice M N Bhandari, while asking the JDA to keep the two properties intact, allowed it to remove encroachments from the Rambagh Complex. The JDA took over Lakshmi Vilas Hotel and Kanak Bhawan on Thursday. It had also evicted families of Madan Lal Sharma and Ram Das Atar from Lakshmi Vilas and H C Gupta from Kanak Bhawan. The three had purchased the properties from former royal Maharaja Bhawani Singh in 1986 but the sale agreement was later declared illegal. The court passed the order after counsel for evicted families Bajrang Lal Sharma opposed the court's view that the two buildings were on encroached land. Sharma argued the court's interim order, passed on May 10, has taken away the evicted families' right to seek protection from Supreme Court. The court observed since the advocate would take more time to complete arguments, an interim order protecting the buildings is required to be passed. "We filed a progress report (in HC) on Friday saying the alleged buildings have been taken over by the JDA. The JDA told the court that we do not intend to demolish the buildings till hearing is conculded by the high court," said R N Mathur, the JDA counsel. He said the JDA will not dismantle other properties inside the Rambagh Complex as it has been restrained from taking action by the previous stay orders of the court. "We have already filed details of these cases pending before the bench by way of an application and we do not propose to take any action against any occupants till the stay orders are vacated," Mathur said. On Friday, the court asked the JDA to also keep the furniture, fixtures etc of the Lakshmi Vilas Hotel and Kanak Bhawan intact. The court had on May 10 asked the JDA to take possession of government land and properties like Lakshmi Vilas and Kanak Bhawan, which state had acquired in 1973. A PIL, filed by one Sanjay Tyagi, had alleged that the land of Rambagh Complex measuring 322 bighas is owned by the state government as it stood acquired three decades back. All the constructions on this land are encroachments and should be removed, the PIL said.
12 years on, HC relief for rape convict
http://timesofindia.indiatimes.com/City/Patna/12-years-on-HC-relief-for-rape-convict/articleshow/5960494.cms
Dipak Mishra, TNN, May 22, 2010, 04.34am IST
PATNA: Twelve years after the alleged rape of an IAS officer's wife by a politician's son rocked Bihar, the Patna high court on Friday set aside the trial court order convicting the mother-son duo and acquitted them. The trial court had convicted Mrityunjay Yadav of raping IAS officer BB Biswas' wife Champa Biswas and his mother, former MLA Hemlata Yadav, of abetting the alleged crime. "A single-judge bench of Justice Mandhata Singh termed the allegation incorrect and found that the relationship between the two (Champa and Mrityunjay) was of consensual nature," defence counsel S Verma told TOI. Mrityunjay himself appeared bitter. "I do not know how to react. I was made a scapegoat in the battle of BJP, then in opposition, and ruling RJD," he said. He recalled he was forwarded to jail as a rape accused on August 26, 1998 and could secure bail almost four years later on May 9, 2002. His mother was in jail for three years and four months. "My life has been ruined," Mrityunjay said and added he was studying in Hindu College, Delhi and preparing for civil services exam when he was booked in the case. "Many of my college friends are IAS and IPS officers," he said. Mrityunjay was particularly bitter about a BJP leader who, he said, made it a public issue saying what would happen to common people during the RJD regime in the state where even an IAS officer's wife was raped. The case created a sensation in the late 1990s. Champa alleged she was subjected to rape for more than two years by Mrityunjay and others, including IAS officials, politicians and VVIPs' kin. The bureaucrat's wife lodged an FIR on August 22, 1998. Mrityunjay was arrested while his mother, who was then chairperson of the Women Welfare Board, surrendered two months later. The episode had several turns and twists with Champa once writing to the Chief Justice of India against the trial judge for his failure to summon a top politician who also allegedly raped her. She even charged the public prosecutor with trying to destroy evidence. The trial court in March 2002 held Mrityunjay guilty under various Sections, including 376 (rape), of the IPC and awarded him ten years' rigorous imprisonment. Hemlata Yadav was awarded three years' RI. However, she was spared the ignominy of serving the jail term afresh as she had already been in jail as an accused for more than three years. When Jharkhand was carved out of Bihar in 2000, Champa's husband was allotted the new state cadre. He later died of illness and Champa slipped into oblivion after she moved to Kolkata along with her two children.
Maharishi Valmiki was never a dacoit: Punjab & Haryana HC
http://timesofindia.indiatimes.com/india/Valmiki-was-never-a-dacoit/articleshow/5960417.cms
Ajay Sura , TNN, May 22, 2010, 03.37am IST
CHANDIGARH: Maharishi Valmiki was not a dacoit before turning into a sage and writing the Ramayana. In a ruling that could change an age-old belief about the writer of the great epic, Justice Rajive Bhalla of the Punjab and Haryana High Court recently said that though “actual facts appear to be lost in the mists of antiquity,” he was basing his views on a research by a Punjabi University scholar. Justice Bhalla was hearing an appeal by a national television channel, asking the court to quash an FIR filed against it in Jalandhar for airing a serial that raised a question about Valmiki being a dacoit before he turned into a sage. “Admittedly, a character in the teleserial asks another character whether Maharishi Valmiki was a dacoit before he became a saint. The other character, while not denying this fact, makes laudatory references to Maharishi Valmiki. “The research appears to cast a doubt about the authenticity of the story that Maharishi Valamiki was a dacoit,” observed Justice Bhalla. He quoted the research done by the head of the Maharishi Valmiki Chair of the Punjabi University, Patiala, Manjula Sehdev, on the origin and authenticity of the belief that Valmiki was a dacoit. “We have watched the serial — Bidai — and the dialogues are derogatory. A character in the serial asks whether it is true that Valmiki was a dacoit before turning into a sage. Another character replies that he indeed was a dacoit before he underwent a change of heart. In the next dialogue, the character asks the other whether it is possible for a person to change so dramatically and the reply is in the affirmative. It is this second part of the dialogue that has been mentioned as ‘laudatory’ by the television company in its reply to the court,” says Navvikas, a member of the Valmiki community, who had filed the FIR on October 6, 2009, charging the channel under 295 of IPC for hurting religious sentiments. The judge stated the salient features of the research, saying that “from Vedic literature up to 9th century AD, there is no reference as such that Maharishi Valmiki led a life of a dacoit or highwayman.” It was also stated that in his own work ‘Ramayana’, Valmiki is called Bhagwan, Muni, Rishi and Maharishi and no reference of his highwaymanship is available there. Justice Bhalla dismissed the petition filed by the channel and observed: “Electronic media with its immense power and reach must pause, reflect and exercise a greater degree of restraint and responsibility, particularly when it seeks to disseminate religious information likely to affect the sensibility of its audience.” However, the high court made it clear that their opinion would not affect the investigation of the case, which is being conducted by the Jalandhar police against the channel.
HC to govt: Set up electric crematoriums on banks of Ganga
http://www.indianexpress.com/news/HC-to-govt--Set-up-electric-crematoriums-on-banks-of-Ganga/622276/
Express News Service
Posted: Sat May 22 2010, 03:40 hrs Allahabad:
The Allahabad High Court directed the state government on Friday to establish electric crematoriums in cities lying on the banks of Ganga.
Passing this order suo motto, a Division Bench comprising Justices Ashok Bhushan and Arun Tandon directed the state government to ask the nagar nigams or nagar palikas of these districts to initiate the work in this regard as soon as possible.
The court was of the view that cremation on the bank was a major source of pollution of Ganga water.
Appearing on behalf of the state government, Additional Advocate General S G Hasnain assured the court that the state government would comply with the order.
The government was also directed to prepare a detailed list of cities and banks where it would propose to set up the electric crematorium.
The next date of hearing is on July 9.
On April 30, the same court had asked the state government to initiate a dialogue with the Uttarakhand government for the release of adequate water in Ganga.
SC saw the problem, failed to resolve it
http://economictimes.indiatimes.com/ET-Debate/articleshow/5956288.cms
21 May 2010, 0548 hrs IST,Rajeev Dhavan,
Rajeev Dhavan, Senior Advocate Supreme Court
The Supreme Court's judgment on governors in B P Singhal's case, 2010, (the BJP MP had filed a PIL relating to governors being removed with a change in power) is welcome. But it is not enough. The legal controversy revolves around governors being appointed (a) at the President's pleasure to be sacked when the PMwants or (b) for the guaranteed term of appointment of five years. The Sarkaria Commission (1988), set up to examine the Centre-state relationship, revealed that between 1947 and 1986 out of 154 tenures , 104 did not complete their five-year term! The merry-go-round has continued. The Bhagwan Sahay Committee (1971), seeking guidelines for constitutional heads, did not tackle the issue even though governor Dhavan raised it. The Sarkaria Commission shied from giving governors security of tenure. The Constitution Commission recommended a fixed five-year term with removal only by impeachment. In the Constituent Assembly, Ambedkar's summary response was that prescribing reasons for removing governors was a matter of detail. The apex court examined the issue with legal detachment, overlooking that successive Union government treated a governor as agent, saboteur and doormat to be dismissed at pleasure. Even government peons have better protection. The SC response was half-hearted . It gave priority to the “pleasure doctrine” over the constitutionally prescribed five-year term. It failed to restrict the compelling reasons for removal to physical/mental disability, corruption or conduct unbecoming. It refused to require reasons for removal . It failed to accept its role of rigorous judicial review. In other words, the SC recognised the problem but failed to resolve it. Governors will continue to be as vulnerable as they were before, to be removed for silent reasons. The court also lost sight of the Constitution Commission's recommendation for new collegiate appointment systems so that arbitrarily-appointed governors are not arbitrarily dismissed. The disappointment increases when we realise the governor is a head of state. He is not a beck-and-call appointment to be used and abused at pleasure. The whole system needs to be changed by constitutional amendment.
Ban two-wheelers on JJ flyover after midnight: Bikers
http://www.dnaindia.com/mumbai/report_ban-two-wheelers-on-jj-flyover-after-midnight-bikers_1385652
Menaka Rao / DNA
Friday, May 21, 2010 1:09 IST
Mumbai: The group of motorcyclists that opposed the ban of two-wheelers on JJ flyover has written to the traffic police giving suggestions on how the problem of accidents can be tackled.
The letter, written by Mubin Solkar, president of the group Indian Mumbaikars For Peace And Community Togetherness (IMPACT), was sent to the commissioner of police (traffic) and the deputy commissioner of police (traffic) last Saturday.
The group had filed a public interest litigation (PIL) in the Bombay high court last month. Dismissing the PIL on April 29, the court had held that the issue is beyond judicial review and that the group could give the traffic police suggestions for perusal.
Solkar has given 16 suggestions, mostly seeking to install safety devices like speed regulators, bigger and more prominent signboards, construction of rumbling strips, among others.
“If banning two-wheelers is still thought to be the only answer, then impose/enforce the ban only from midnight to early morning as most of the fatal accidents have occurred during night time,” the letter suggested.
The letter also said that policemen should stand on the dangerous stretch between Mandvi post office and Noor Hospital. Currently, they stand at two ends of the flyover.
The letter concluded that if the suggestions are implemented, then it will reduce the spate of accidents. It also warned that if the ban continues, the situation will get worse for residents, pedestrians and businessmen.
“Moreover, it needs to be borne in mind that many Mumbaikars still cannot afford the luxury of owning a car and are therefore compelled to use two-wheelers. Depriving them of using the flyover is therefore most unfair,” the letter said.
PIL co-petitioners condemn Maoist attack
http://www.thehindu.com/2010/05/19/stories/2010051963360900.htm
Special Correspondent
‘Violence has no place in a democracy'
NEW DELHI: The co-petitioners of a public interest litigation (PIL) petition before the Supreme Court have expressed shock and horror over Monday's blasting of a bus by Maoists in Chhattisgarh in which innocent civilians were killed.
“We condemn such senseless and inhuman violence and those responsible for it. Violence has no place in a democracy and those who adopt violent means to express themselves cannot and should not be condoned in any manner whatsoever. We convey our sympathy to the families of all those whose lives have been lost in this ghastly incident,” Nandini Sundar, E.A.S. Sarma and Ramachandra Guha said in a statement here on Tuesday.
They said it was unfortunate that innocent tribals and civilians were caught in the ongoing violence in Dantewada in Chhattisgarh and other parts of eastern and central India.
“We reiterate our consistent plea to the government to reach out to the tribals and the other local communities in these areas through tangible confidence-building measures, including the announcement and implementation of a policy that recognises the constitutional rights of the tribals in the notified areas,” they said.
They felt that any strategy based on violence would prove counterproductive in the long run.
Himachal high court judges make assets public
http://news-views.in/himachal-high-court-judges-make-assets-public/
Posted by admin on May 21st, 2010 at 07:19 pm and filed under National.
Shimla, May 21 – The judges of the Himachal Pradesh High Court Friday released for public scrutiny the list of assets they were holding.
Releasing the list of assets on the website of the high court here, Chief Justice Kurian Joseph said: ‘The assets and properties of all the 11 judges have been put on the official website of the high court for public perusal.’
According to a post, Justice Joseph has a bank balance of Rs.13,814. He owns one Maruti Esteem car and one two-storied house. Also, he jointly owns a piece of land of 39.47 acres with his wife.
Justice Joseph, who assumed the charge as chief justice Feb 8 this year, announced soon after assuming charge that he was in favour of making public the assets of judges.
Besides the Supreme Court, the high court of Kerala, Karnataka, Delhi and Punjab and Haryana have publicly declared the details of assets and properties of serving judges.
HC respite to Advani in Ayodhya case
http://timesofindia.indiatimes.com/India/HC-respite-to-Advani-in-Ayodhya-case/articleshow/5956160.cms
TNN, May 21, 2010, 04.25am IST
LUCKNOW: In a major relief to BJP leader Lal Krishna Advani, former UP chief minister Kalyan Singh, and other satraps of the Sangh parivar like Bal Thackeray and Uma Bharti, the Lucknow bench of the Allahabad High Court on Thursday upheld the order of Lucknow CBI court whereby it had dropped criminal proceedings against the above accused in the Ram janmabhoomi-Babri Masjid demolition case. Justice Alok Kumar Singh held that in the order passed by the designated court, there was no embellishment either on factual or legal matrix. ‘‘Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the designated court,’’ observed Justice Singh. After the December 6, 1992, incident the first FIR was lodged at Ram Janmabhoomi police station against lakhs of unknown karsewaks. Immediately thereafter, the second FIR was also registered against eight persons naming L K Advani, MM Joshi, Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, Vinay Katiyar, Uma Bharti and Sadhwi Ritambhara under different crime numbers. These accused are facing trial before special CBI court at Rai Bareli. Besides these eight persons, 13 other persons were also made to face prosecution before especially formed court at Lucknow. On May 4, 2001, the Lucknow court discharged these 21 persons from further prosecution. The court also declined to proceed against the accused persons of 47 other cases relating to assault on mediapersons. The CBI filed revision before the HC against the discharge of 21 accused and demanded their trial as well as of other accused, prima facie found guilty of attack on media. Those advantaged by the HC order are: LK Advani, Kalyan Singh, Bal Thakeray, Uma Bharti, Satish Pradhan, CR Bansal, MM Joshi, Vinay Katiyar, Ashok Singhal, Giriraj Kishore, Sadhvi Ritambhara, VH Dalmia, Mahant Avaidhynath, RV Vedanti, Param Hans Ram Chandra Das, Jagdish Muni Maharaj, BL Sharma, Nritya Gopal Das, Dharam Das, Satish Nagar and Moreshwar Save as they will not have to stand on trial here at Lucknow before the designated court.
Delhi blasts case
http://www.indianexpress.com/news/Delhi-blasts-case/621657/
Express News Service
Posted: Fri May 21 2010, 00:51 hrs New delhi:
Why come here, take exam in Ahmedabad, HC tells accusedThe Delhi High Court on Thursday dismissed an application by Saqib Nisar, a suspected Indian Mujahideen terrorist involved in September 2008 Delhi serial blasts, to allow him to appear for his MBA examination from Tihar Jail instead of Ahmedabad where he is lodged now. Asking him to appear at a centre in Ahmedabad, the court said there seemed to be “some hidden agenda in moving the petition”. “The University has a centre in Ahmedabad and if he is genuinely interested in taking the examination, he can do so there itself,” the court said. Nisar, now lodged in Sabarmati jail in connection with the Ahmedabad serial blasts, is doing his MBA from Sikkim Manipal University.
Two accused given copy of chargesheetA city court on Thursday handed over a copy of the chargesheet filed against suspected Indian Mujahideen militants Salman Ahmed and Mohammad Shahzad, accused in the 2008 Delhi serial blasts, to them. The chargesheet had been filed by the Special Cell on May 15. The defence counsel will submit its reply to the Chief Metropolitan Magistrate Kaveri Baweja on May 24. Shahzad was arrested in February and Salman in March this year.
HC slaps Rs 1 lakh fine on Central govt http://www.indianexpress.com/news/City-briefs/621660/
Express News Service Tags
Posted: Fri May 21 2010, 00:52 hrs New delhi:
The Delhi High Court on Thursday slapped a cost of Rs 1 lakh on the Centre for challenging a National Human Rights Commission order directing it to pay Rs 1 lakh in damages to a woman who lost her 28-year-old daughter due to administration of wrong medicine by a government dispensary. “This court is constrained to observe that this is a vexatious litigation needlessly pursued by the Central government,” said Justice S Muralidhar, while imposing the penalty for prolonging the agony of the victim’s mother.
Move suicidal Tihar inmate to hospital: HC
http://www.expressindia.com/latest-news/move-suicidal-tihar-inmate-to-hospital-hc/621653/
Utkarsh Anand
Posted: May 21, 2010 at 0049 hrs IST
New delhi Inside the formidable iron gates of the high-security Tihar Jail, the only ‘thing’ 31-year-old Sonali Sachdev talks to is a rag doll she made herself after stuffing some torn clothes. The doll probably reminds Sonali of her two-year-old daughter.
In the middle of a financial crisis, Sonali and her husband Pramod Sachdev allegedly poisoned their daughter Jia and seven-month-old son Jatin before consuming it themselves in their Mahavir Nagar house. While Pramod, a Delhi Jal Board employee, and the kids died, Sonali survived to find herself lodged inside the jail with the taint of killing her children and attempting suicide.
Sonali now spends her days inside a cell with the doll as six jail personnel keep constant vigil to prevent her from hurting herself. She keeps talking to herself about different ways to end her life and even requests jail officials to help. She is suspicious of every thing and every person around her.
Considering her situation, jail authorities got Sonali’s mental health checked by the Institute of Human Behaviour & Allied Sciences (IHBAS). The doctors said she was suffering from Obsessive Compulsive Disorder, depression and was hence extremely suicidal.
However, in April, two trial courts refused to accept the Jail Superintendent’s request to get her admitted in IHBAS for treatment. Officials at the Delhi Legal Services Authority, however, comprehended the urgency and sent a communication to the Delhi High Court, which decided to treat it as a writ petition.
Najmi Waziri, Standing Counsel for the Delhi government, tendered his report before the court on Thursday and sought an immediate directive to get Sonali treated at IHBAS.
Annexing medical reports, Waziri told the court that it was imperative to take all precaution and keep anything that could be potential risk away from Sonali. “Such care and constant vigil can only be possible inside IHBAS,” he contended, adding that the trial courts should have taken a more compassionate view before dismissing the pleas on technical grounds.
The Division Bench of acting Chief Justice Madan B Lokur and Justice Mukta Gupta was in complete agreement. “The diagnosis and treatment is necessary in these circumstances. Let Sonali Sachdev be taken to IHBAS on Friday and her treatment would continue there. A report on her health be submitted by July,” the Bench noted in its order.
Married woman can't be forced to establish conjugal rights: HC
http://www.hindustantimes.com/Married-woman-can-t-be-forced-to-establish-conjugal-rights-HC/Article1-546318.aspx
Press Trust Of India
Allahabad, May 20, 2010
The Allahabad High Court on Thursday ruled that if a married woman was unwilling to cohabit with her husband then she could not be compelled to do so by way of a decree for restitution of conjugal rights.
The order was passed by Justice Rakesh Tiwari while dismissing an appeal of Rizwan Ali Khan, a resident of Badaun in Uttar Pradesh, who had moved the court challenging a lower court order which held that no decree for restitution of conjugal rights could be issued in his favour as his marriage was not consummated even after more than a decade of having tied the knot.
The Additional District Sessions Judge, Badaun, had passed the order on August 10, 2009, wherein it had also pointed out that while Khan had claimed to be married to one Nazma Siddiqui, the latter had refuted the same.
Moreover, Khan had failed to produce the Kazi, who had solemnised the marriage, before the court or his signature on the "nikahnama" for verification by handwriting experts, the ADJ had said.
Nazma who had not only denied having been married to Khan but also pleaded that "if a lady is married, the decree for conjugal rights is not enforceable and at the most compensation from her property, if she had any, could have been allowed" opposed the appeal before the High Court.
The court, while observing that it did not find "any illegality or infirmity in the order" said even if there had been no dispute regarding the petitioner's marriage, "she can not be forced by a decree in suit to establish conjugal rights".
Rajasthan HC: No horizontal quota in excess of 50 pc
http://www.ptinews.com/news/661896_Raj-HC--No-horizontal-quota-in-excess-of-50-per-cent
STAFF WRITER 22:16 HRS IST
Jaipur, May 20 (PTI) The Rajasthan High Court has held that there should not be any horizontal reservation in excess to the prescribed quota of 50 per cent fixed for various categories under the Consititution.A division bench of the court struck down the excess quota given to youths and women candidates in the Panchayat elections.The court passed this order while disposing a petition filed by one Sita Ram Sharma challenging the Rajasthan Panchayati Raj (second amendment) ordinance 2008 whereby the reservation for women was increased from 33 per cent to 50 per cent in the panchayat elections and persons in age group 21-35 years were given 75 per cent reservation.The court has earlier issued a similar order in case of municipal elections when a similar provision for reservation to women and youth was challenged.
HC upholds Metro re-alignment
http://expressbuzz.com/cities/bangalore/hc-upholds-metro-re-alignment/175268.html
Express News Service
First Published : 21 May 2010 04:21:00 AM IST
Last Updated : 21 May 2010 08:28:58 AM IST
BANGALORE: The Karnataka High court on Thursday dismissed the writ petition requesting it to direct BMRCL to stick to the original alignment of the Metro rail.
Jakir-un-nisa and others had contended that BMRCL had deviated from the original alignment near South End Circle by 106 meters to favour some influential people, including the owners of Bangalore Hospital and Lakshmi Complex.
BMRCL submitted that the Metro alignment was shifted by 60 meters because the technical experts suggested that it would ease the traffic congestion.
HC restrains Vishal Retail from selling assets
http://www.business-standard.com/india/news/hc-restrains-vishal-retailselling-assets/95054/on
Press Trust of India / New Delhi May 20, 2010, 20:21 IST
The Delhi High Court has restrained Vishal Retail from disposing of its assets till further orders, on a plea filed by the Singapore-based DBS Bank to wind up the debt-ridden retail chain.
Passing an interim order, Justice S K Mishra has directed Vishal Retail not to sell or dispose of its assets till November 25, the next date of hearing and to submit details of its properties.
"Till the next hearing, Vishal shall not alienate or otherwise encumber its assets," said Justice Mishra in his order on May 11 directing the retail firm to submit its last three audited balance sheets.
Justice Mishra has also directed Vishal Retail to file an affidavit disclosing its all assets with detailed information of their locations and value. He also asked the firm to give details in which name (personal) the properties are held along with date of their acquisition. The court also directed the retail firm to submit current addresses its directors and the company secretary.
The company and its lenders had approached the CDR cell late last year following the accumulation of around Rs 730-crore debts. According to the order passed by the court last week, the debt-ridden retail firm has also been directed by the court to give details of its debtors and creditors with their complete addresses.
It has also submit details its employees and if any amount outstanding to them. Court's direction came on a company petition filed by its creditor DBS Bank requesting to wind up the firm.
Earlier, during the last hearing on April 28, 2010 the court had directed the bank to file a copy of the Corporate Debt Restructuring (CDR) scheme formulated by Reserve Bank for the company.
Vishal Retail, which is having around 170 outlets, is currently undergoing CDR exercise.
HC removes another hurdle to BMRCL
http://bangalorebuzz.blogspot.com/2010/05/hc-removes-another-hurdle-to-bmrcl.html
Friday, May 21, 2010
Odeal D'Souza. BangaloreThe Namma Metro project crossed yet another hurdle on Thursday with the Karnataka high court giving green signal for the acquisition of land near Jayanagar along RV Road for the construction of the South End station. A division bench of justices VG Sabhahit and Manohar dismissed a petition filed by Zakirunnisa and two others, requesting the court to direct the Bangalore Metro Rail Corporation Limited (BMRCL) to stick to its original alignment for the station. The petitioners alleged that the alignment had been changed based on the request of owners of a few properties which were sought to be acquired for the station, and contended that the BMRCL had shifted the original alignment by 106 metres. The court issued notices to BMRCL, which submitted that the alignment was shifted by 60 metres and not 106 metres as contended by the petitioners, and stated that the change was due to technical reasons, and not on the opinion of influential entities as alleged by the petitioners.It submitted that the action was taken to avoid vehicular congestion at the circle and to bring the station nearer to the commuter catchment area. Besides, to maintain a train headway of three minutes, stations had to be spaced at least four kilometres from each other.BMRCL's plans to run the metro through RV Road and Nanda Road had run into huge opposition from locals. The alignment proposed to cut through a portion of Lalbagh necessitating the cutting of trees, which angered green activists, leading to protests. A PIL filed in the high court by Hasiru Usiru challenging the felling of trees in Lalbagh for Metro work was also dismissed.
posted by The Bangalorean @ 5/21/2010 04:03:00 AM
HC rejects CBI plea against BJP brass
http://www.financialexpress.com/news/hc-rejects-cbi-plea-against-bjp-brass/621546/
Press Trust of India, Political Bureau Posted: Friday, May 21, 2010 at 2252 hrs ISTUpdated: Friday, May 21, 2010 at 2252 hrs IST
Lucknow: Providing relief to LK Advani, Murli Manohar Joshi and 19 others in the Babri Masjid demolition case, the Allahabad High Court on Thursday dismissed a CBI revision petition challenging the order of a special court to drop criminal proceedings against the BJP leaders.
The CBI had sought a direction for continuing proceedings against Advani and Joshi, Uma Bharti, Kalyan Singh and others in connection with the demolition of the Masjid on December 6, 1992.
In a 44-page judgment, Justice Alok Kumar Singh of the Lucknow bench of the Allahabad High Court said: “Nothing is found against the correctness, legality, propriety or regularity in respect of any of the findings of the lower court”.
“There is no embellishment in the impugned order dated May 4, 2001 neither on factual or legal matrix. Hence, there is no occasion for this court to make any interference in the impugned order,” he said.
VHP leader Ashok Singhal and Shiv Sena chief Bal Thackeray were among the 21 who got relief from the order of the special court. On May 4, 2001, the special court had dropped the conspiracy charge against Advani and the others.
The court today also partly allowed another petition filed by the then District Magistrate, Faizabad, Ravindra Nath Srivastava. It directed the CBI to indicate at the earliest as to the witnesses and documentary evidence it proposes to take up against the petitioner, so that he may not be deprived from effectively preparing and putting up his defence.
Srivastava had also contended that he could not be treated as an accused in this case. However, the court said that this point was not acceptable. Reacting to the High Court decision, the All India Muslim Personal Law Board said the CBI should move the apex court.
Board member Zafaryab Jilani claimed that the Central government and the CBI were not moving quickly in the demolition cases pending in Lucknow and Rae Bareli courts.
HC rules against refund of land tenure conversion fee
http://www.indianexpress.com/news/hc-rules-against-refund-of-land-tenure-conversion-fee/621720/0
Express News Service
Posted: Fri May 21 2010, 01:37 hrs Ahmedabad:
In a recent order, the Gujarat High Court has held that a person cannot demand refund of money that he paid to the state authorities to convert his land from new tenure to old tenure and which was subsequently acquired for development under the Town Planning Scheme Act.
The Division Bench comprising Chief Justice S J Mukhopadhaya and Justice A S Dave passed an order in this regard while acting on an appeal filed by the state government against an order of a single judge bench.
According to the details of the case, one Kirit Desai from Surat had applied to the government to change certain land in his possession in the district from new tenure to old tenure to remove certain restrictions on it under the provisions of the Bombay Tenancy & Agricultural Land Act, 1948. Subsequently, the concerned district collector had converted the land from new tenure to old tenure and demanded Rs 3.23 crore from Desai.
He paid the amount in three instalments under protest after he reliably came to know that the authorities are likely to acquire a part of the land for the Town Planning Scheme.
The Surat Municipal Corporation had informed Desai that around 5,925 square metres of his land is likely to be reserved under the provisions of the Town Planning Act.
Subsequently, Desai moved the HC with a prayer that he is entitled to get proportionate refund for the amount of Rs 97 lakh for the land which is now being taken over under the Town Planning Scheme. A single judge bench had given its verdict in Desai's favour and directed the government to refund the amount within 12 weeks.
But the government challenged the order in the Division Bench. Government pleader Prakash Jani contended that the order was bad in law and requires to be quashed. Upholding Jani's contentions, the bench allowed the appeal and set aside the order of the single judge bench.
Monitor Soharabuddin probe: US group to PM, CJI
http://www.onenewspage.com/news/Asia-Pacific/20100518/11111635/Monitor-Soharabuddin-probe-US-group-to-PM-CJI.htm
May 18, 2010 08:43 IST
An India [ Images ]n American Muslim advocacy group on Monday urged Prime Minister Manmohan Singh [ Images ] and the Chief Justice of India S H Kapadia to monitor and ensure an intimidation free Central Bureau of Investigation inquiry into the alleged fake encounter killings of Soharabuddin, his wife Kausarbi and his associate Prajapati allegedly at the hands of the Gujarat police.
The Indian Muslim Council-USA in a statement today alleged that in order to subvert and discredit this CBI inquiry, a massive advertising campaign has been launched in the Gujarati media by unknown entities to defame the CBI and dub it with various defamatory labels.
In separate letters sent prime minister and the CJI, IMC-USA president Rasheed Ahmed said, "The advertising campaign aims to create a political atmosphere where it would not be possible for the CBI to conduct a fair investigation. As such, this constitutes active interference in the judicial investigative process and may result in the subversion of justice."
Ahmed added that "A sincere investigation by the CBI into these fake encounter cases has, for the first time, the potential to implicate many powerful politicians within Narendra Modi's [ Images ] administration who have been involved in terrorising minorities in the state of Gujarat".
Calling for strong action to be taken against the people behind the anonymous entities running the advertising campaign, Ahmed dubbed it as a "tactic of subverting justice at the altar of manufactured public opinion".
He further added that "without basic security and rule of law, no level of economic progress either lasts or earns the nation a global leadership status it may otherwise deserve.
"The Indian Muslim Council-USA said that lawsuits against the Gujarat police related to the fake encounter killings have already landed 15 senior police officials behind bars and the Supreme Court ordered CBI inquiry has the potential to indict several prominent politicians and ministers in the Narendra Modi administration. The Home Minister of Gujarat, Amit Shah, has reportedly gone into hiding fearing arrest by the CBI," it said.
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Tough to get justice in India: Neelam Katara
http://ibnlive.in.com/news/tough-to-get-justice-in-india-neelam-katara/115821-3.html?from=tn
CNN-IBN
Posted on May 20, 2010 at 19:40
Chandigarh: Neelam Katara, the mother who set an example of fighting against the high and mighty, says it is tough to get justice in India after the much-awaited verdict on former Haryana DGP SPS Rathore in the Ruchika Girhotra molestation case got deferred by five days.
A sessions court in Chandigarh was to deliver the verdict on Rathore's plea challenging his conviction by a CBI court on Thursday. Now it will be delivered on May 25.
Rathore was given six months sentence before he was out on bail after the verdict. CBI and Ruchika's family had appealed on enhancing his sentence.
After the verdict was deferred, Katara said: "It is very disappointing. Let the reason come out about why it has been deferred. Because that again has all kinds of misgivings. Someone who has been protected by a series of chief ministers, I am sure, has a lot to disclose if he is punished. And, possibly a lot of political support might be coming in as well.
"Definitely it is very difficult and especially now at this stage when you almost feel the justice will be done. The long fight for justice in this country is very difficult for any family to pass through. Aradhana's family and Ruchika's family need to be commended."
She says our laws need to be amended since most of those have been taken from the IPCC which is 200 years old and based on the condition in the United Kingdom.
"The law needs to be amended and sentences need to be enhanced. The complete process needs an overhaul as it is not geared to fight with all these kinds of problems which have come up and the delays caused by political pressure or by officers misusing their power," Katara pointed out.
Katara said, "There is a long way to go. Over these years the main reason why the rich and powerful delayed the case was because the witnesses were not available, the reports were not available."
To fight against powerful people is not easy. But then blame lies in the common man who makes them high and mighty. Although there are lots of loopholes, the system can still work, Katara hopes.
Katara's son Nitish was murdered by the son of a former Rajya Sabha MP D P Yadav from Ghaziabad.
Allowing women to be guardians: Panel examines bill
http://blog.taragana.com/law/2010/05/23/allowing-women-to-be-guardians-panel-examines-bill-22468/
By Rana Ajit, IANS
May 23rd, 2010
NEW DELHI - A parliamentary panel is scrutinising a bill aimed at giving Indian women equal rights as men in adopting children and becoming guardians of minors, including their own kids - something they are barred from under existing law.
The Personal Laws (Amendment) Bill, 2010 seeks to entitle women to equal rights as men on the issue of guardianship of minor children by removing a gender-discriminatory clause from a law of 1890 vintage - the Guardians and Wards Act. The bill, which also seeks to amend the Hindu Adoptions and Maintenance Act, 1956, was introduced in the Rajya Sabha April 22 by Law and Justice Minister M. Veerappa Moily.
As the first step to examine the proposed legislation, the Parliamentary Standing Committee on Ministry of Law and Justice, headed by senior Congress leader and Rajya Sabha member Jayanthi Natarajan, has solicited public opinion on the bill. Public views and opinion were sought by the Rajya Sabha secretariat last week. These have to be submitted by the month end. The house had referred the bill to the parliamentary panel for scrutiny and fine tuning.
The bill seeks to amend the Guardians and Wards Act to entitle a minor’s mother, besides the father, to be appointed as his or her guardian. The current provisions of the law authorise courts to appoint either the father or any other person, in case the father is not alive or not fit, as the guardian of a minor child.
The statement of objects and reasons of the bill explains that the amendment will “include the mother along with the father as a fit person to be appointed as guardian so that courts shall not appoint any other person as a guardian of a minor if either of the parents is fit to be the guardian of such minor.”
This amendment is being made under a recommendation in the 83rd report of the Law Commission of India, the bill explained.
Similarly, the bill seeks to amend sections 8 and 9 of the Hindu Adoptions and Maintenance Act to give women equal rights as men in matters of adopting children or giving her children in adoption to others.
The bill entitles any major Hindu woman of sound mind to adopt a son or daughter.
However, if married, she will have to take the consent of her husband for adopting the children, “unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind”, says the bill.
The bill also seeks to entitle the mother “to give her child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.”
The present provision of the law entitles only men to adopt children, give them in adoption, albeit in consultation with their living wife and not vice versa.
Explaining the reasons behind seeking to change the law, the bill says: “As per the census held in 2001, the female population in India constitutes about 48.26 percent of the total population.”
“The empowerment of women by various legislative as well as other measures is an avowed policy of the government and bringing complete equality for them in all spheres of life is a matter of utmost concern,” the statement said.
It added that while “the constitution of India guarantees equality of status and equality of opportunity to all citizens, irrespective of the fact whether they are men and women, there is also a growing demand for making laws free from gender bias and to provide legal equality to women in all spheres of life.”
(Rana Ajit can be contacted at rana.ajit@ians.in)
HI and IHF on collision course after court order
http://timesofindia.indiatimes.com/sports/more-sports/hockey/HI-and-IHF-on-collision-course-after-court-order/articleshow/5963499.cms
IANS, May 22, 2010, 09.37pm IST
NEW DELHI: Hockey India (HI) and the court reinstated Indian Hockey Federation (IHF) have interpreted the Delhi High Court order to suit their line of thinking and questioned each other's existence. While HI secretary general Narinder Batra says Friday's court order does not bar him from holding the election to the new body, which came into existence after the Indian Olympic Association (IOA) de-recognised IHF headed by K. P. S. Gill, a senior IHF functionary has questioned HI's very right to exist. Batra said decks have been cleared for HI election in June and the election notice will be issued in four-five days. "The court order has no bearing on HI status as it is recognised by the International Hockey Federation (FIH) after it disaffiliated the IHF," Batra said. "If you read the whole order, the judge clearly said 'I am not here to decide the validity of HI'." "It does not affect us. Yes it is true that two bodies cannot exist, but international federation has disaffiliated IHF and later the Indian Women's Hockey Federation in 2000. They failed to merge the men's and women's units and since then they had affiliated Indian Hockey Confederation (IHC) which was also de-recognised later." The IHF member says the HI cannot go ahead with the polls as the sports ministry has to respect the court order, having filed an affidavit that it did not recognise HI. "What is HI's status? A five-member body cannot call itself a national federation. Now that the IHF has been reinstated, HI cannot hold the election, more so after the court clearly stated that the government and ministry should recognise IHF," a top IHF official said. "Moreover, the ministry in its affidavit to the court has said that it does not recognise HI. Yes, the international body will recognise the unit that is affiliated to the National Olympic Commitee. So we are waiting for the response of the IOA and the ministry before deciding on the future course of action." Batra said HI is ready to hold the election to replace the ad hoc body running the sport in the country. "There was a stay order in the elections in three courts of the country --Rajasthan, Mumbai and Tripura. We have got the stay vacated from all three courts, the last one was Tripura. We are waiting for a copy of that order and then we will go ahead with the election process." On other court cases, Batra said: "They are minor disputes and it will not hamper the election." "All 30 units and four institutions approved by HI are valid to take part in the elections." "We have implemented all the government guidelines for free, fair and transparent election. A retired judge will be the returning officer as mandated by sports ministry. There will be separate election observers from the government, the IOA and the FIH. Also, voting will be held in secret ballot." "We will issue the 21-day notice period before the elections in four or five days and it should take place in June. We are constant touch with the FIH and we keep them updated." Asked about Amrit Bose, Pargat Singh and others crying foul over the manner in which HI is going about the election, Batra said: "I do not understand how can they criticise the process when Amrit Bose, Gurbax Singh, Pargat Singh are signatories to the affiliations given to the state units."
No early hearing of plea against Soren
http://beta.thehindu.com/news/national/article434725.ece
J. Venkatesan
The Supreme Court on Thursday declined to grant early hearing on a writ petition questioning the continuance of Shibu Soren as Jharkhand Chief Minister.
Justice G.S. Singhvi, heading a vacation Bench told counsel for the petitioner, Babu Lal Marandi, MP, that since there was no urgency in the matter it would come up for hearing in the normal course. Justice C.K. Prasad was the other judge on the Bench.
Mr. Marandi alleged that Mr. Soren had committed a fraud on the Constitution by repeatedly availing himself of the benefit of Article 164 (4) to become Chief Minister, but without getting elected to the legislature.
In the latest instance, he was sworn in as Chief Minister on December 30, 2009, and he could continue in the post only if he was elected to the Assembly within six months. But, owing to paucity of time, there was little chance of the Election Commission completing the poll process in the remaining 43 days of the six-month time available. Further, there was no vacancy in the legislature, the petition said.
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