New Indian-Chennai News + more

Admin · Guru

Supreme Court- High Court Judgements

Admin · Guru

RTE will discourage school ghettoization

The government subsidy will be based on the expenditure per student in government schools or Kendriya Vidyalayas,while many private schools spend (or at least,charge as fee) much more.
According to estimates,the governmentspendsRs 3,000 per child per year for primary education.The Centre has given states the freedom to implement its own grants and aids,but many states are financially broke and the grants vary from state to state.For instance,Delhi gives about Rs 1,200 per child per month,while Haryana doesnt give any aid to schools.Some educationists said that now private schools would have to hike fees as 75% of the class would have to pay for the 25% students admitted under the RTE Act.
Reacting to the Supreme Court order,HRD minister Kapil Sibal said,I am very happy that the court has set all controversies at rest.One of the biggest controversies was on whether the 25% reservation applies to private schools or not ... that controversy has been set to rest.
The court has,however,sought a clarification from the government on applicability of the RTE Act to boarding schools and orphanages as the legislation applied only to day scholars.To put the matter beyond doubt,we recommend that appropriate guidelines be issued under Section 35 of the 2009 Act clarifying the above position, the bench headed by Chief Justice S H Kapadia said.
According to 2007-08 statistics quoted by the Supreme Court,out of the 12,50,755 schools imparting elementary education in India,80.2% were government run,5.8% private aided and 13.1% private unaided.Of these,87.2% of theschools were located in rural areas.
According to RTE activist Kiran Bhatty,former national coordinator for the monitoring of the RTE,several violations had cropped up recently,including non-compliance of the 25% quota for economically weaker sections.Other violations included running two shifts instead of integrating students in the class and conducting admission tests.While National University of Planning and Administrations vice chancellor R Govinda did not rule out initial turmoil,he said some restructuring on the part of
government and private schools was necessary.He added that there was an increasing ghettoization of schools that will now be discouraged.The full impact will be seen in 7-8 years when the composition of the student community will change, he said.Madarsas and institutions of vedic learning will continue to be outside the ambit of the Act as the HRD ministry has declared them as institutions of religious instruction rather than educational institutions as described under the RTE.

Sibal welcomes SCs RTE verdict

New Delhi: The government on Thursday applauded the SC verdict upholding the constitutional validity of the Right to Education Act of 2009 with HRD minister Kapil Sibal stating that the verdict has brought clarity and put all controversies to rest.
What the court has given us today is clarity on the issue so that all controversies are set to rest, Sibal said.
He added,I thank the Supreme Court which has given direction to be followed by the government and now our viiosn can be taken forward.The policies under the act should be child centric and not institution centric.Big schools can surely take this burden.
The Bench said that the RTE act will apply uniformly to government and unaided private schools,except unaided private minority schools in the country.TNN

Admin · Guru

Supreme Courts Where All The Action Is

Queries under RTI crossing all limits: CJI

Dhananjay Mahapatra TNN

New Delhi: Chief Justice of India S H Kapadia on Thursday lamented that a good law like the Right to Information was being misused to ask irrelevant and intrusive questions,impeding the functioning of judges and the Supreme Court.Deliberating on media norms for sub-judice cases,he said,Since I took over as CJI,I have answered all the questions except a very few.But the kind of questions and their numbers are exceeding (the) limit.

Admin · Guru

Trivial RTI queries are wasting our time: CJI

New Delhi: Slamming some of the questions being asked under the RTI Act,Chief Justice of India S H Kapadia said the queries had led to precious time of judges being wasted.Giving examples,he said,Why did you attend Nani Palkhivala Lecture What time did you leave Did you eat lunch or have tea Which lawyer invited you for the function We are working hard but are not able to concentrate many a time because of these kinds of questions.Are these relevant for the press It is going beyond all limits.The RTI Act is a good law but there has to be a limit to it.
During the deliberations on reporting norms for sub-judice matters,the apex court asked senior advocate Anil Divan if the Nariman Committee recommendations or the self-regulatory mechanism in the News Broadcasters Association had provisions to deal with the problem of paid news.In case paid news comes before the association,what steps will it take What steps are prescribed in the selfregulatory mechanism We are all for open court system but want to know if,in a given case,the court comes to the conclusion that the reporting had vitiated fair trial and prejudiced the accused,what preventive steps are to be taken, the bench asked.
Taking the lead in formulating questions,the CJI said the court should not be misunderstood as it was frequently coming across cases relating to reporting on sub-judice matters.Take,for example,todays article in The Hindu about presidential reference,referring to it as all lies.The reference may not be sub-judice but it is coming to the court and the newspaper analyses all the issues.How do we control such kind of things Is it not interference in the administration of justice We are only seeking to understand what should be done in such cases.Without saying whether it is right or wrong,we are giving examples to get assistance from the counsel.
Divan said he was still uncomfortable about framing of mandatory guidelines by the court as it would give a handle to the accused and other vested interests to give various interpretations to the norms and rush to court seeking ban or postponement of reporting.
Senior advocate T R Andyarujina,assisting the court as amicus,said the US Supreme Court allowed its proceedings to be telecast live,leaving little scope for misreporting by the media.He said in India,Parliament,under its privilege rules,could punish journalists for misreporting.
But in last 20 years,the privileges committee has only censured the erring ones,never punished them, he said.The arguments will continue on Tuesday.

Admin · Guru

Fake encounter 14_04_2012_007_010

ENCOUNTERS14_04_2012_001_007 c cbi encounter 14_04_2012_013_030

Admin · Guru

Job Permanence14_04_2012_002_003

Admin · Guru

Life Term 14_04_2012_001_046

Admin · Guru

Guj sit 14_04_2012_007_035

Admin · Guru

spectrum 14_04_2012_001_072

Admin · Guru

swamy bushan 14_04_2012_008_002

Admin · Guru

court enquiry 16_04_2012_007_022

Admin · Guru

20 Apr 2012
Hindustan Times (Delhi)
HT Correspondent htreporters@hindustantimes.com

Ban diesel vehicles in NCR: Supreme Court panel head

NEW DELHI: Expressing concern over rising pollution levels in the National Capital Region (NCR), Environmental Pollution (Prevention and Control) Authority (EPCA) chairman Bhure Lal on Thursday said about 75 per cent of public transport vehicles have outlived their lives and their permits should not be renewed.

getimage.aspx?regionguid=a03f5678-c7cb-4b5a-a91b-608ef0efd7f7&scale=338&file=10872012042000000000001001&regionKey=fcmwMg471t7JNeZccXoqMg%3d%3d

HT FILE PHOTOThe level of pollution is on the rise in NCR areas due to rampant use of diesel vehicles and polluting industries.

The EPCA has been appointed by the Supreme Court to monitor pollution levels. At a meeting held in Noida on Thursday, he told the district magistrates and transport and pollution control board officials from Gautam Budh Nagar, Ghaziabad, Hapur, Baghpat and Bulandshahr to ban diesel vehicles in their respective areas. He also told them to check pollution caused by captive power plants.

Lal also directed the transport departments to convert all diesel buses to CNG or move these buses out of the NCR region.

The level of pollution is on the rise in NCR areas such as Gurgaon, Noida, Ghaziabad and Faridabad due to rampant use of diesel vehicles and polluting industries.

Officials in Noida, however, claimed only CNG autorickshaws and tempos run in the city. Besides, 250 roadways and 300 DTC buses operate and they all run on CNG.

“The order may not have much effect in Noida. There are 3,050 three-seater auto-rickshaws and 315 eight-seater tempos registered with the regional transport office in the city,” said an official.

“Since January 1, 2009, registration of three-seater autorickshaws had been stopped. Registration of diesel auto-rickshaws was stopped in January 1, 2007. Only CNG autos were registered,” said an official.

The Uttar Pradesh State Pollution Control Board (UPPCB) says 70 per cent pollution is caused by vehicles, 20 per cent by industries and 10 per cent by households.

Paras Nath, UPPCB’S regional officer in Gautam Budh Nagar, said there were quite a few CNG stations in Noida and Greater Noida and more stations were planned.

But the situation is different in places like Bulandshahr and Baghpat. Officers there said that there was not a single CNG station in their districts.

“Industries have to use generators due to inadequate power supply. Every day, 50 per cent production is facilitated by generators,” said PP Sharma, general secretary of the Association of Greater Noida Industries.

“Many industrial units are using CNG for power generation,” said Dinesh Jain of Noida Management Association.

Admin · Guru

20 Apr 2012
Hindustan Times (Delhi)
HT Correspondent letters@hindustantimes.com

SC SEEKS REPLY FROM CENTRE, ODISHA ON PIL

NEW DELHI: The Supreme Court on Thursday sought the response of the Centre as well as the Odisha government to a public interest litigation (PIL) seeking a restraint order against the release of jailed Maoists in exchange for kidnapped BJD MLA Jhina Hikaka.

A bench of Justice T S Thakur and Justice Gyan Sudha Misra gave the respondents two weeks’ time for filing their replies.

Though the bench was initially reluctant to hear the matter, it relented after petitioner Major General (retd) Gangurdep Bakshi’s counsel persisted with the plea, stating that five Maoists were released on Wednesday. According to the petitioner, bail applications of the five persons were moved by their supporters, and the government chose not to oppose it — thereby facilitating their release. The petitioner claimed that the entire exercise was a result of collusion between the government and the Maoists.

Solicitor general Rohinton F Nariman submitted that the petitioner’s prayer to formulate a law to tackle Naxal insurgency was a larger issue, and not relevant to the present crisis. The bench, however, told Nariman that since the Centre was a relevant party, it would like to issue the notices.

Hikaka was kidnapped from Koraput district on March 24.

Admin · Guru

21 Apr 2012
Hindustan Times (Delhi)
Bhadra Sinha bhadra.sinha@hindustantimes.com

SC to form norms for appointing info bosses

CRACKING THE WHIP Court criticises selection of candidates by govts without making vacancies known to the public

NEW DELHI: Amid rising criticism over lack of transparency in the appointment of information commissioners in the central and state information commissions, the Supreme Court on Friday said it would examine the issue to lay down guidelines to ensure it did not become “property of a political set-up”.

A bench of justice GS Singhvi and justice SJ Mukopadhaya took strong exception to the manner in which candidates were being hand-picked by governments without making vacancies for appointment of information commissioners under the RTI Act known to the public.

The bench wondered if the selection or appointment of state information commissioners (SICS), without making the availability of vacancy known to those suitable for the post or the selection, would be treated as a private affair of a particular political set-up. “There is no halfway about it. We are going to lay down the law,” it said.

The court also took a dig at retired bureaucrats and judges who espoused their cause in the “corridors of secretariat” for post-retirement jobs. As senior advocate P Narasimhan contented that the executive was empowered to make such appointments, the bench noted: “All appointments were subject to Article 14 (right to equality) under the constitution.”

The bench observed that posts in various commissions and even universities had become a private property of the political party governing the state. “Whoever is appointed is at the mercy of chief ministers. Ordinarily he would not have the courage to act in a balanced way. After all, they are servants of the people,” the bench observed.

The court’s severe comments came while it was hearing an appeal by those whose appointment as commissioners to the Tamil Nadu information commission was set aside by the state high court.

Acting on a petition, the HC had on November 25, 2011, declared that the appointments of three information commissioners by the erstwhile DMK government were bad in law for lack of transparency. The court also took note of the fact that the then opposition leader Jayalalithaa wasn’t part of the decision making process

Admin · Guru

1 May 2012
Hindustan Times (Delhi)

Govt sent 75 complaints against judges in past yr

the judges but is withholding the names, since allegations against them cannot be independently verified.

As of now the government has no powers to initiate investigations into allegations against the higher judiciary. Any probe has to be sanctioned by the CJI.

The government’s view is that the Judicial Standards and Accountability Bill, already passed by the Lok Sabha, will also get the Rajya Sabha nod during the current session and will help in curbing corruption in judiciary.

The bill for the first time will allow the citizens to file complaints against corrupt judges, which will then be probed, if the investigating panel finds merit in them.

In addition to these complaints, 12 against former CJI and National Human Rights Commission chairman KG Balakrishnan have also been forwarded. The former CJI has been accused of involvement in several cases of corruption.

Admin · Guru

1 May 2012
Hindustan Times (Delhi)
HT Correspondent htreporters@hindustantimes.com

After 54 yrs, court fee hiked by 10 times

To increase its revenue, the Delhi government has decided to increase court fees by 10 times.

This hike has come after a gap of almost five decades; the previous revision was done in 1958. The Delhi cabinet on Monday approved the Court Fees (Delhi Amendment) Bill, 2011, paving the way for a hike.

The revision in court fees is estimated to generate revenue worth nearly R40 crore per month and approximately R500 crore annually.

Giving reasons for the increase, Chief Minister Sheila Dik**** said the cabinet has approved the bill to rationalise the court fees and collection by E-court fees.

“There has been no revision of court fees in Delhi since 1958 while all kinds of duties and fees have been revised. A committee of the Delhi High Court has also asked the government to start e-court fee in the Delhi High Court,” Dik**** said.

She added that considering court fees in the denomination of 40 paise, 25 paise and 50 paise are no more in use, the revision in fees had become all the more necessary.

“The revision may increase revenue generated on account of court fees,” she added. According to government estimates, revenue collection from court fees will go up to R500 crore annually from current R50 crore when the new rates come into effect. The bill will now be introduced in the Delhi Assembly.

The Court Fees Act, 1870, provides for levy of court fees on various documents and instruments at the time of filing or presenting such documents before the courts.

Admin · Guru

Italian deal a challenge to Indian law,says SC

New Delhi: Italys compromise deals with the families of killed fishermen and the lone eyewitness aboard the fishing vessel to bail out the arrested Marines ran aground on Monday with the Supreme Court terming the agreement it illegal and a direct challenge to the Indian legal process.
An apex court bench of Justice R M Lodha and Justice H L Gokhale said it was astonished by the temerity of the agreement which went against Indian law.There cannot be an agreement not to give evidence in a case.Our law does not permit this and it is a prosecutable offence, it said.
The courts remark that entering into such an agreement was a prosecutable offence could land the Italian government,the kin of the victims and the fishing boat owner in trouble.This (agreement) is a direct challenge to the Indian legal process.It cannot be permitted.It is an affront.
If two parties agree to a term which is against the law,what was the legal aid authority doing How can a court put its stamp of approval and become a party to such an illegal agreement How can the lady (Doramma) be taken out of the case through illegal means Can her mouth be shut by paying Rs 1 crore, the bench said.The manner in which the legal process is sought to be defeated pains us, the court said and wondered why the Kerala government had not challenged its legality in an appropriate forum.It said the agreement was also void under Section 20 of the Indian Contract Act.
Section 20 provides that where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement,the agreement is void.
Attorney general G E Vahanvati said the Kerala government had jurisdiction to investigate the case as the Indian Penal Code applies to all crimes committed within 200 miles of the coast and law and order was a state subject.
Former solicitor general Gopal Subramaniam,appearing for Kerala government,took over from the AG and pointed out the manner in which the Italian government was attempting to subvert the course of legal process.

Slain fisherman Valentines wife Doramma and son Jeen outside the Kerala high court along with a photocopy of the draft the family received as settlement from the Italian govt

Admin · Guru

HC: Pension cant be withheld,its like fundamental right

TIMES NEWS NETWORK

Chennai: Right to pension is like right to property,which is enforceable as a fundamental right under the Cons-A titution,the Madras high court has held.
Justice Vinod K Sharma,directing the state government to release the full pension and other retrial benefits to a retired civil supplies employee,said: It is now a well settled law that the right to pension is right to property which is enforceable as a fundamental right under the Constitution.The state government cannot interfere with this right in the absence of any legal authority.
The matter relates to a petition filed by V Chandrasekar,who joined the revenue department as a junior assistant in 1954.He was later promoted as an assistant and then as deputy tahsildar.He was then sent to the Tamil Nadu Civil Supplies Corporation (TNCSC) on deputation.In 1982,when he was on deputation,he was held responsible for the loss of 20,000 bags of paddy supplied to a huller.The huller,however,moved the court and got the case against him quashed.
As the government issued sanction to prosecute Chandrasekar,he moved the high court and got a stay on the proceedings.During the pendency of the matter,he attained the retirement age.
He was allowed to retire,but the government released only a part of the pension amount.Though he was later acquitted of all criminal charges,the government did not release his retirement benefits.
Justice Sharma,noting that as on date no civil or criminal case was pending against Chandrasekar,said the government cannot withhold retrial benefits under such circumstances.The action of the authorities in not releasing the full pension and other retrial benefits is totally arbitrary and a violation of Article 14 of the Constitution, he said.
Once the petitioner (Chandrasekar ) has been acquitted,though by giving benefit of doubt,the retirement benefits due to him cannot be withheld,as there are no civil or criminal proceedings pending against him.The action of the authorities in not releasing the retirement benefits to him can safely be said to be arbitrary which amounts to colourable exercise of power that cannot be sustained in law, Justice Sharma observed.
He then directed the authorities to release all the retirement benefits such as pension and provident fund in full to Chandrasekar along with 9 per cent interest per annum.The judge also imposed a cost of Rs 10,000 on the civil supplies department.

Admin · Guru

Despite high disposal,16.5L cases pending in TN courts

TIMES NEWS NETWORK

Chennai: The pendency of court cases in Tamil Nadu has touched 16.5 lakh in 2011,this despite the disposal of about 19 lakh cases by all the courts during the same period.Despite the high disposal of cases,Tamil Nadu continues to see higher numbers cases being filed every year.
The home,prohibition & excise departments policy note tabled in the state assembly on Thursday said 11.83 lakh civil and criminal cases are pending in the subordinate courts in the state.The number of pending cases in the Madras high court is 3.65 lakh and the Madurai bench has 1.09 lakh cases pending.The number of pending civil cases is far higher than the criminal cases.
The present government has taken all measures to ensure speedy social and economic justice while maintaining independence of judiciary, the policy note said.
But the measures seem just not enough to clear the huge backlog.The Times of India had earlier highlighted the factors that contributed to the huge pendency of cases,including frequent adjournments and vacancies in the subordinate judicial posts.Almost one-fifth of the subordinate judicial posts are vacant in the state adding to the problem.
The Tamil Nadu Public Service Commission (TNPSC) recently conducted exams for potential candidates and their recruitments are awaited.
The Madras high court disposed 1.24 lakh civil cases and 44,015 criminal cases in 2011.But 1.28 lakh fresh cases have been filed in the same period.The opening balance was 3,19,151 and the present pendency is 3.65 lakh.
The policy note said the state government,with a view to enhance the efficiency of court management and to support judges to perform their administrative duties and devote more time to judicial function,33 posts of court managers in the cadre of assistant registrars have been created.
It said the government also issued orders for setting up 50 fast-track courts at the magisterial level to clear the backlog of criminal cases.The fast-track courts have been re-designated as additional district courts.
A large number of complaints were received from victims of land-grabbing and the government sanctioned 25 special courts in the state,including two in Chennai,to handle these cases,it said.

Admin · Guru

HC raps judge for recall of warrant on idol thief

Man Arrested In Germany,Extradition Process On

TIMES NEWS NETWORK

Chennai: The Madras high court has slammed a judicial magistrate for cancelling the non-bailable arrest warrant issued by him against a suspected idol thief,who was arrested in Germany following a redcorner alert.Thecancellation of the warrant was done when proceedings to get the thief,Subash Chandra Kapoor,extradited to India were on.
The magistrate did not have regard for the fact that the offence involved is a heinous offence,in which as many as 18 valuable idols,which are antiques,have been stolen and they have not been recovered so far.These stolen properties are our national assets.It is the bounden duty of the government to ensure that they are recovered and restored to the national wealth, observed Justice S Nagamuthu,setting aside the order cancelling the warrant against Kapoor.
The matter relates to the theft of 18 panchaloha idols from the Arulmigu Sundareswarar and Varadharaja Perumal temples at Suthamalli villagein Ariyalur districton April 13,2008.Seven people,including Kapoor,were named as accused.Police believe the idols have been sent to various countries,and their efforts to arrest Kapoor did not yield any results.
The judicial magistrate court at Jayamkondam issued an arrest warrant against Kapoor on November 25,2011 and based on it a red corner notice was circulated to various countries.Kapoor was detained by the German authorities late last year and steps areon tobring him toIndia for trial and find the whereabouts of the idols.
On April 12,2012,the magistrate passed an order cancelling the warrant,citing a high court order which directed him to consider only the case and pass orders in accordance with law.The state government challenged the order.
Public prosecutor I Subramaniam submitted that the accused was absconding since 2008 andhis movements were discovered with great difficulty.Kapoors counsel P Wilson,however,said the matter had become infructuous because the accused had completed all mandatory formalities after the recall of the warrant.
Justice Nagamuthu said so long as the extradition proceedingswerestill pending,it would be inappropriate for the magistrate to recall the warrant.In my considered opinion,the magistrate has passed the order in a mechanical fashion and his order suffers from a lot of infirmities, he said.

Admin · Guru

Plastic bag threat more serious than A-bomb : SC

We Must Examine Complete Ban Or Order Efficient Retrieval

Dhananjay Mahapatra TNN

New Delhi: Excessive use of plastic bags and their unregulated disposal has been choking lakes,ponds and urban sewerage systems,the Supreme Court said on Monday while warning that it posed a threat more serious than the atom bomb for the next generation.
This observation from a bench of Justices G S Singhvi and S J Mukhopadhaya came on a PIL filed by two Andhra Pradesh-based NGOs drawing the courts attention to 30-60 kg of plastic bags recovered from the stomachs of cows because of irresponsible disposal of plastic bags and defunct municipal waste collection system.
The court issued notice to the Centre and state governments on the PIL seeking ban on use of plastic bags in municipal areas which did not have a prompt garbage collection,segregation and disposal system.The NGOs said absence of prompt garbage collection,segregation and disposal system allowed cows to rummage through garbage bins and eat foodstuff disposed of in plastic bags,which get stuck in their stomach.
But the bench wanted to address the larger questions arising from indiscriminate use of plastic bags,which not only posed a grave threat to nature and environment but also to the human race itself.It suggested that the petitioner make the manufacturers and a television channel,which has been running a campaign against use of plastic,parties to the PIL for awider scrutiny of the important issue.
All of us are watching how our lakes,ponds and urban sewerage systems are getting choked by plastic bags.We want to expand the scope of this petition.Unless we examine a total ban on plastic bags or put in place a system for manufacturers mandating them to collect back all plastic bags,the next generation will be threatened with something more serious than the atom bomb, Justices Singhvi and Mukhopadhaya said.
The court drew the petitioners attention to large quantities of water packed in plastic pouches,which were thrown around in undisciplined and uncivil manner across the country every day.A rough estimate shows more than 100 million water pouches are thrown all over the cities and towns, the bench said.
Appearing for NGOs Karuna Society for Animal and Nature & Visakha Society for Protection and Care of Animals,senior advocate Shyam Divan said the problem was more acute in urban areas where people had a habit of disposing leftover food in plastic bags in municipal bins.
Due to government neglect across the country,animals particularly cows and bulls are ingesting plastic from garbage dumps and plastic bags are littered across the landscape and oceans.The ingestion of plastic bags chokes the stomach of cows and up to 60 kg of plastic bags were found in the stomachs of cows.What appears to be a healthy cow is in fact a plastic-choked cow or a cow full of plastic, Divan said.
Apart from the plastic completely choking the digestive system of the cow and causing excruciating pain to the animal,plastic residues enter the human food chain through dairy and animal products, he added.

Indiscriminate use of plastic bags pose a serious threat to the environment

Admin · Guru

SC TO TAKE A CALL
PIL seeks quashing of AP judges appointment

TIMES NEWS NETWORK

New Delhi: The Supreme Court on Thursday agreed to hear a PIL seeking to quash the appointment of a sitting Andhra Pradesh high court judge for allegedly suppressing information about pendency of a criminal case against him at the time of his elevation to the constitutional post.
A bench of Justices Aftab Alam and Ranjana P Desai posted the PIL by one Manohar Reddy for further hearing on July 9 but said the relief sought by the petitioner was unprecedented.Senior advocates Shanti Bhushan and Ram Jethmalani said the facts of the case were also unprecedented and requested the court to initiate steps on the administrative side against Justice N V Ramana and convince him to quit the post.
Reddy alleged that as a student of Nagarjuna University in Guntur in 1981,Justice Ramana was named as an accused in a case relating to rioting and disruption of public property.Two years later upon his enrollment as an advocate,he omitted mentioning the pending criminal case against him despite it being a mandatory requirement.
Police filed chargesheet against him in October 1983.During the meandering trial before a Guntur court,he was allegedly declared an offender on May 8,2000.A month later,he was appointed as a judge of Andhra Pradesh HC.On December 2,2000,the trial court issued warrants against the HC judge,the petitioner said.
The petitioner alleged that while the warrants went unanswered,the then TDP government sought to withdraw prosecution in the rioting case.On January 31,2002,the case against the judge was closed.

Admin · Guru

Find out if Team Anna is using foreign funds: HC

Abhinav Garg TNN

New Delhi: Can foreign funding be used to sponsor domestic agitations in India Faced with a PIL raising this issue in connection with alleged grants made by Ford Foundation to Team Anna,the Delhi high court on Wednesday asked the Centre to verify if these were received after prior permission from authorities.
Why dont you check it yourself, a division bench comprising acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw told the counsel for the Centre,on a PIL that also seeks CBI inquiry against Team Anna members for allegedly receiving funds from foreign organisations to run their agitation for the Lokpal bill.
The bench asked additional solicitor general A S Chandhiok to treat the PIL as a representation and dispose it of in three months after giving a hearing to the petitioner.The court said the Centre will submit a report of its findings to the court after three months,even as it asked petitioner Manohar Lal Sharma,an advocate,to submit a copy of the petition to the home ministry.
Sharma in his PIL alleged that Team Anna violated the Foreign Contribution Regulation Act (FCRA) since the Act mandates an organisation has to seek permission from the central government in order to receive any funds from any foreign company or organisation.It said Team Anna members violated FCRA and the Centre had failed to take any action against them.

Admin · Guru

FB INDIA PROVIDES TECHNICAL SUPPORT
Court rejects FB India plea to drop its name from content suit

New Delhi: Facebook Indias plea for dropping its name from a suit for action against social networking websites for hosting alleged objectionable content was on Wednesday dismissed by a Delhi court,which held it cannot be said that the company had no say in running the site,facebook.com.
Administrative civil judge Parveen Singh dismissed the companys plea for deletion of its name,rejecting the contention that Facebook India did not run the website.At this stage,it cannot be said that Facebook India has no say in the running of the website,and there might be a probability that Facebook India provides technical support and programming and developing of the website and also tests the new software for the same and thus,can have some say in how this website runs in India, the court said.It also might be possible that Facebook India is raising revenue for facebook.com by seeking advertisers from India for facebook.com, the court said.
Facebook India had argued that it is not responsible for the contents appearing on the website,facebook.com,and that it did not control or operate the servers,located in the United States.The counsel had failed to put forward any answer detailing the relationship of these two entities, the judge said and noted that the counsel had failed to convince the court that FB India did not provide technical support,programming and online support services for facebook-. com.AGENCIES

Admin · Guru

HC dismisses plea against Justice Kabirs date of birth

TIMES NEWS NETWORK

New Delhi: Irked over what it termed a motivated petition,the Delhi high court on Wednesday dismissed a PIL by an NRI seeking direction to the Centre to hold an inquiry to determine the date of birth of Justice Altamas Kabir,who is likely to become the next chief justice of India in September.
The petition is totally motivated and is dismissed with a cost quantified as Rs 20,000, a bench of acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said while rejecting the contention that there was a mystery over the date of birth of Justice Kabir who is expected to succeed Justice S H Kapadia as CJI.
The court agreed with the plea of additional solicitor general A S Chandhiok,appearing for the Centre,that the petition was motivated as Justice Kabir,as a high court judge,had once decided a case against the petitioner,Nirmal Jit Singh Hoon,an NRI.
There is no question of an inquiry to determine the age of Honble Justice Altamas Kabir at this stage, the bench said.The court's decision came on the plea of Hoon alleging that Justice Kabir's date of birth was not clear and without determining this,he was elevated as a judge of the Supreme Court and now in due course,he would be the chief justice.
How the issue of the date of birth could be a mystery This could be mystery to you,but it cannot be a mystery for the government of India and the Supreme Court, the bench said.

Admin · Guru

Madras HC brings temples under RTI ambit

A Subramani TNN

Chennai: A temple is a public institution,and its activities are covered by the provisions of the Right To Information (RTI) Act even if it is administered by hereditary trustees,the Madras high court has ruled.
Justice K Chandru was passing orders on a writ petition filed by a hereditary trustee of the Sri Vengeeswarar Alagarperumal and Nagathamman Koil Devasthanam in Vadapalani questioning the legality of a circular issued by the commissioner of the Hindu Religious and Charitable Endowments (HR&CE) department to appoint a public information officer (PIO) for temples administered by trustees.The March 27 circular was necessitated by complaints of inordinate delay in furnishing information to RTI applications.
Noting that secrecy in temple activities would result in gradual degradation of temple administration,the judge said: It cannot be contended that temple activities are private activities and they are not covered by provisions of the RTI Act.
The petitioner had contended that a temple was not an administrative unit or an office of a public authority under the purview of the HR&CE Act.Therefore,it could not be brought under the RTI Act,and the hereditary trustee could not be nominated as a PIO under the Act.
Justice Chandru,dismissing the petition and upholding the validity of the circular,said: The temple is a public institution.Merely because it is administered by a hereditary trustee,the public character of a temple does not change.Temples are clearly brought under the HR&CE Act,and further,public collections are made for various activities of the temple,including rituals.The state government also spends huge amounts every year for administering the department to manage the temples and also releases various grants for renovation of the temples including special grants for conducting Kumbhabishekam periodically.While that is so,it cannot be said that the temple is a private institution for the purpose of the RTI Act.
Pointing out that even a private body substantially funded by the state is covered by the RTI Act,Justice Chandru said: Once it is held that the temple is covered by the provisions of the RTI Act,certainly the unit will have to have a PIO.In respect of a hereditary temple as well as a unit run by scheme decrees,the information is available only with the trustees or the trust board.It is too much for the executive officer to seek information from those trustees and thereafter pass on the information to an information seeker.

NOTHING TO HIDE

Madras HC has ruled that temples are public institutions and are covered by RTI Act The court noted that temples make public collections for various activities The court said the govt spends huge amounts on temple administration and on grants for various rituals

Admin · Guru

ALL IN HIS NAME...
Rajiv case trial ended 13 years ago,but judicial officers still pocket risk allowance

A Subramani TNN

Chennai: Former prime minister Rajiv Gandhi was assassinated 21 years ago,and the criminal trial in connection with the case ended nearly 13 years ago,but the courts staff members and judicial officers are still cashing in on the death of the late Congress leader.
They continue to pocket a risk allowance,paid to them for perceived threat while the trial was in progress,taking home a monthly bonus of 30% of their pay in addition to their salary or pension.
A former court staff member said the additional sessions court-I here is the most-favoured retirement court for district judges and court employees.You receive a monthly pension that is at least 30% higher than that of your peers, he said.Even if you work for a day or a month in the court and then retire,you will be entitled to this privilege, another officer told TOI.There is a mad scramble among judicial officers and court employees to be posted to this court.
A registry official said at least two dozen retired district judges and more than 100 retired court employees now get the 30% bonus with their pension.
Rajiv Gandhi was killed on May 21,1991 and the CBI filed charges on June 26,1992 before the first additional sessions court,the designated courts to try cases registered under the Terrorists and Disruptive Activities (Prevention) Act,1987.
Judge S M Siddick heard the case between 1992 and 1996.He was succeeded by V Navaneetham,who delivered the judgment on January 28,1998,convicting all the 26 accused and imposing the death penalty on them.