30 December, 2008

Multiple murders no ground for death penalty: SC

A man murdering several persons can get away lightly being awarded life sentence by a court while another killing an individual in a gruesome manner might be given death penalty, the Supreme Court said in a recent judgment.
This ruling came in a case where a group of people, one of them armed with doublebarrel gun, raised objection to placement of a banner at a market place and after a heated exchange of words fired at the other party killing two men. The trial court awarded death penalty to the main accused, but the Allahabad high court reduced it to life term.
The Uttar Pradesh government appealed against HC’s lenient approach and requested the apex court that the sentence should be enhanced to death sentence as it was a pre-planned cold-blooded murder.
After considering the evidence, a Bench comprising Justices Arijit Pasayat and Mukundakam Sharma last week dismissed the state’s appeal saying the “number of deaths in a case would not be the determinative factor for awarding death sentence”. Explaining further, Justice Pasayat, writing the judgment for the Bench, said: “Even in the case of a single victim, death sentence can be awarded taking into consideration the circumstances of the case.”
This ruling clearly spelled out that awarding of death penalty to a murder convict squarely fell within the discretionary exercise of the sentencing power of the judges of the HCs and SC.
This may supplement the settled law relating to awarding of sentences in murder cases. In deciding the Bachan Singh case in 1982, a constitution Bench of SC had upheld the constitutional validity of death penalty and hit upon the golden sentencing rule — death penalty would be awarded only in those cases falling in the ‘rarest of rare category’ — which still holds good.
It had then said: “A real and abiding concern for the dignity of human life postulates resistance to taking a life through law’s instrumentality. That ought to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed.”

Source:-The Times of India Delhi 26 December 2008 P. 11
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Tough to nail docs in negligence cases

Few Options Other Than Consumer Courts For Kin
Max Healthcare has termed the death of CII deputy director general Jayant K Bhuyan “an accident” and said the operating surgeon has taken “moral responsibility’’ for it. The statement added that Bhuyan was there in the hospital for a cardiac bypass and suffered “severe neurological damage which eventually resulted in death”. Bhuyan’s family wants action against the head of the surgical team for medical negligence, a demand that does not look anywhere near being met.
For the families of medical negligence victims in India, the best bet often is the consumer court which ensures a few thousand rupees in compensation for death or permanent damage. Proving negligence in a court of law and ensuring punishment for the perpetrators is a complicated process.
According to experts, in the close-knit medical community, there is an obvious reluctance to testify against a fellow doctor. And as per rules of the Delhi Medical Council (DMC), even if medical negligence is proved, the maximum punishment meted out to a doctor is suspension of two months during which period he or she forfeits the right to practise in Delhi.
A doctor can be booked under section 304-A of IPC for causing death due to negligence only if found guilty by a medical board. “There are cases where medical negligence can be established very clearly. But in cases where it is not so evident, it becomes a problem. Conviction is very rare and it is often because of the reluctance on the part of medical fraternity to nail the black sheep,’’ said a former city court judge, on condition of anonymity.
In Delhi, section 304-A is applicable only after the DMC finds a doctor guilty. “There is a medical board which examines the negligence case against the doctors and gives the report, based on which a criminal case is registered, if at all,’’ said Dr Anil B a n s a l , former president of Delhi Medical Association.
“Of the 110 cases that came to us between January 2007 and April 2008, negligence was proved in 34, but they were mostly related to professional misconduct and ethical issues, not the treatment per se,” said Dr Girish Tyagi, general secretary, DMC.
Legal experts said to convict a doctor, very strong evidence is needed and a doctor has to testify in court. “Only medical professionals can help the court decide whether it is medical negligence or not. The evidence has to be very strong,” said Dr KC Mittal, a senior Supreme Court lawyer. What makes the task of convicting a doctor for negligence even more difficult is that two doctors can have a different approach on treatment and unlike in western countries, in India there is no set protocol for treatment of any given condition. Thus only glaring mistakes can be proved in the court of law. The result: consumer courts become the safest bet.
“We got 385 cases of medical negligence and of that, we found doctors at fault in 90% cases,” said J D Kapoor, president of the State Consumer Commission. Ironically, an act that is seen as negligent in a consumer court need not necessarily be pronounced th same in a criminal court.
Options
  1. The doctor or the hospital can be taken to consumer court, where the best one can hope for is a few thousand rupees in compensation. The verdict does not hold in a criminal court.
  2. They can also be tried under Section 304-A of the IPC for causing death due to a rash and negligent act. But for that, a medical board has to say it was negligence — a difficult task .

Procedures followed by Delhi Medical Council

  1. All medical negligence cases involving doctors practising in Delhi are reported to DMC
  2. A board comprising the DMC president, registrar, disciplinary committee lawyer, an eminent person appointed by Delhi govt and a medical expert decide whether the case is of negligence or not
  3. A 20-member council meets on a monthly basis to approve the medical board’s decision on negligence. Doctors found guilty may escape with a warning, or for repeat acts, they may be suspended for a month or two
  4. Depending on DMC’s report the police or court decides whether to book a doctor or not
  5. Between January 2007 and April 2008, DMC looked at 110 cases of reported negligence
  6. In 76 cases, medical negligence was not proved
  7. In 34 cases medical negligence was proved. The maximum punishment was suspension of two months

Past convictions

Dec 3, 2007

A Delhi court sentenced two doctors of a private hospital to two years in jail for a botched tonsillitis operation on 13-year-old Gaurav Batra, which resulted in his death in June 1995

July, 2007

An Ayurvedic doctor was sentenced to five years RI by a Delhi court for causing the death of a pregnant woman who sought his help for abortion in 2005

Pending cases

Dec, 2005

Archana Mehta died after 52 days in a west Delhi hospital. She had delivered at a private nursing home but was shifted following complications that the family blamed was because of negligence.

Oct, 2005

Aditya Pal (8), who was undergoing treatment for papillomatosis of the larynx and trachea, died of internal burns and infection due to an accidental laser spark during a surgery at Indraprastha Apollo Hospital. The matter is in court.

May, 2008

Kumud Devi from Bihar underwent mastectomy in March 2008 at AIIMS. But the post-surgery biopsy report revealed that it was not cancerous. AIIMS is investigating the matter

Source:-The Times of India Delhi 26 December 2008 P. 6

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SC to judges: Don’t award sentence lesser than minimum

The Supreme Court has disapproved the wide discretion exercised by higher court judges in reducing the sentence imposed by trial courts, sometimes even going below the minimum provided in the law enacted by Parliament. Cautioning the judges against such indiscretion, the apex court in a judgment last week said: ‘‘If Parliament has provided for a minimum sentence, the same should ordinarily be imposed save and except some exceptional cases which may justify invocation of the proviso to the penal provision.’’
‘‘Ordinarily, the legislative sentencing policy as laid in some special Acts where the parliamentary intent has been expressed in unequivocal terms should be applied. Sentence of less than the minimum prescribed by Parliament may be imposed only in exceptional cases,’’ said a Bench. The Bench, through this judgment, dismissed the appeal of a kerosene dealer seeking leniency in sentence after being convicted and sentenced for six months imprisonment.
The dealer said the Essential Commodities Act itself provided for a sentence of less than three months if the judge deciding the case found special reasons in favour of the accused. Rejecting this plea, the Bench said no such special reason could be found in favour of the kerosene dealer as he was found to have committed irregularities in the storage of kerosene.
Source:-The Times of India Delhi 27 December 2008 P. 9
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‘Can’t dismiss guilty cop before hearing in HC’

The Delhi High Court has said that a policeman, held guilty in a criminal case, cannot be dismissed from service till his appeal against the conviction is decided by a higher court.
The observation came after a Bench comprising Justices Madan B Lokur and Suresh Kait, rejected the government plea that it can dismiss a police officer from service even during the pendency of a first appeal against an order of conviction and sentence.
The court’s ruling came on a batch of petitions filed by Delhi Police personnel who were dismissed from their job while their appeals, against their convictions, were pending in courts. The court, however, said even if a policeman gets convicted, he cannot be dismissed. But the department can only take three types of action against him.
The department can take back the police officer in service, which is wholly unlikely, or it can treat the officer as being under suspension. It can also initiate departmental action against the convicted officer, the court said.
The Court upheld the Central Administrative Tribunal order which held that in such cases, the government should treat the convicted policemen as being under suspension other than those who are actually undergoing imprisonment.

Source:-The Times of India Delhi 27 December 2008 P. 6
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Man accused of abducting woman, bail plea rejected

A sessions court on Saturday said anyone breaching the sanctity of marriage and ruining lives of those involved in the relationship must be dealt with severely. The observation was made while dismissing the bail plea of a man, who allegedly helped his brother to beguile a married woman into an unlawful marriage.
Rejecting anticipatory bail to the accused, ASJ Kamini Lau said, “The conduct of accused Pawan Kumar Pandey is reprehensible and allegations involved are serious as they adversely affect the moral of society.”
As per evidence, Pandey had aided his elder brother in abducting a married woman — the complainant — and illegally marrying her in May 2007. Pandey, after his brother allegedly took the woman away to a place in Himachal Pradesh, had gone to her parents and made them believe that she had died. Taken in by Pandey’s statement, the parents of the abducted woman married their second daughter with her first husband. Meanwhile, Pandey’s brother forced the abducted woman to marry him in a temple and had a physical relationship even though she resisted saying she was already married.
According to the FIR, Pandey’s brother not only forced her to abort twice but also fled with her valuables. The woman then came back to Delhi and filed an FIR against Pandey and his brother under the charges of abduction, rape and criminal conspiracy. As the magistrate ordered lodging of an FIR, Pandey moved for anticipatory bail.
Source:-The Times of India Delhi 27 December 2008 P. 6
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Lax laws, free run for tourist taxis

Friday’s incident of violence between two taxi drivers over picking up passengers has once again highlighted the nuisance caused by roadside taxi stands. With no fear for the law, taxi drivers charge any amount and harass passengers, but people have no option but to bear with it.
The taxis involved in the recent incidents were reportedly running on All India Tourist Permits. As per the law, this kind of a licence is granted for motor cabs with a seating capacity for five persons. The government regulations prescribe that the owner has to ensure that the colour of the car is white and he/ she has an office with a telephone facility at a “tourist passengers booking place”, authorised parking space and financial resources to purchase the vehicle.
As per laid down procedures of the transport department of Delhi government, there is no stipulation on the fares or behaviour expected from the driver. In case of black and yellow taxis on the other hand, plying by government-prescribed fares and proper behaviour with passengers are among the permit conditions.
When licences are given for them to operate, the DLY cabs are granted All India Tourist Permits. But due to lack of enforcement, a majority of these taxis operate from neighbourhood taxi stands, and run on local trips, which they are not supposed to.
According to traffic police, prosecution of these cabs is less as compared to conventional black and yellow taxis. The main reason for this, officials claim, is that these cabs don’t have any meters or fixed fare charts. “All taxi stands have their own rates and people who hire them usually haggle and enter into settlements. It, therefore, becomes tough to prosecute them unless there is a complaint against a particular taxi driver or stand,” a senior official said.
Transport department officials, however, say prosecution is the job of the traffic police. “The cabs are not designed for city runs and hence their fare structures have not been fixed. They are generally used by corporates or offices and are available at hotels for tourists,” said an official.
Source:-The Times of India Delhi 27 December 2008 P. 3
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Copycat theory: Darwin stole ideas from rival?

As the scientific world prepares to mark Charles Darwin’s bicentenary, the author of ‘On the Origin of Species’ is facing accusations of plagiarism and unjustly claiming credit as the father of evolutionary theory.
One group of critics has commissioned computer experts with specialised anti-plagiarism software to scour Darwin’s book, published in 1859, for similarities to a paper released the year before by Alfred Russel Wallace, a naturalist who worked for eight years in modern Indonesia.
Initial indications are the analysis will show that some of the most important ideas in On the Origin of Species were taken from Wallace — in particular the idea that species with variations helping them to survive would thrive and pass on these features to their offspring.
Darwin’s defenders, by contrast, claim it was quite plausible for two scientists to have come up with similar ideas independently at the same time and that Darwin did far more than Wallace to set down, develop and promote the ideas.
An editorial in the Times on Boxing Day said Darwin had “a plausible claim to be counted the greatest figure in this nation’s history”. The adulation has appalled Darwin’s critics, including human rights lawyer David Hallmark, a trustee of the Wallace Foundation of Indonesia.
The software used by Hallmark’s copyright experts can detect where phrasing is identical and also see signs of an author’s style. Where a word is repeated frequently or a consistent sentence structure is used by two writers, this may suggest that one has copied from the other. Hallmark plans to submit his findings to the conference of the International Association of Forensic Linguists in Amsterdam in July.
LIKE MINDED
Alfred Russel Wallace’s supporters claim his ideas in an 1858 paper may have been plagiarised in 1859 by Darwin for On the Origin of Species.
They include:
Species are engaged in a struggle for existence
Checks in nature impede a species from proliferating
Climate affects the survival or extinction of a species
Selective breeding of domesticated animals illustrates the process of evolution in the wild
Source:-The Times of India Delhi 29 December 2008 P. 13
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A watershed year for SC’s fight against internal graft

For long, judiciary had been the public’s favourite whipping boy for its reluctance to look inwards and weed out black sheep from among the judges. Its holy cow approach towards the corrupt in the ranks, coupled with the coercive ‘contempt of court’ powers, had even forced staunch detractors to talk about corrupt judges in hushed voices in the corridors of the Supreme Court.
It is not that the judiciary headed by the Chief Justice of India had not been taking action against corrupt judges. But looking back, this year could well be a watershed, for, it took surgical steps to chop cancerous growths in the judicial limbs.
It all started with the Ghaziabad PF scam early this year. In the list of suspects were 35 judges — one from the Supreme Court, 11 from high courts and 23 from lower courts. When a petition reached the SC for a CBI probe into the matter, few put their money on a positive outcome, for everyone knew the judiciary’s ability to sweep things under the carpet.
Not this time, though. The SC took the opportunity to embark on a rarely traversed path. Not only did it order a CBI probe but also saw to it that a fair probe took place by refusing to extend the tenure of an additional judge of Allahabad HC and recommending transfers of four more judges — three from Allahabad HC and one from Uttarakhand HC.
If the decision to hear the PF scam petition in open court left the long closed inner room door of judiciary slightly ajar for the public to peep into, the subsequent actions and corrective measures certainly beamed a ray of hope, as for the first time there was a resolve not to sweep things under the carpet.
At a time when the apex court was dealing with the PF scam, the judiciary got smeared by another scam — cash delivered at a Punjab and Haryana HC judge’s residence ‘‘mistakenly’’ by none other than a senior state law officer. Again, it displayed steely nerves to order a CBI probe.
Prior to this, it had recommended the government to impeach a Calcutta HC judge who refused to resign despite being indicted by the in-house inquiry mechanism of having indulged in corrupt practices. Such a drastic step, which is historic too, showed that the CJI and the collegium of judges in the SC did not have a weak stomach when it came to taking action against the corrupt within the ranks.
Apart from action against corrupt judges, there is a need to overhaul the system so that judiciary’s public image remains intact. In this context, a Global Corruption Report’s suggestion to weed out corruption would not be out of place.
Source:-The Times of India Delhi 29 December 2008 P. 9
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Now, students can seek exam marks details under RTI :‘Marksheet ruling will ensure transparency’

In a landmark judgment that will bring relief to millions of students and change how exams are conducted in the country, the Central Information Commission has ruled that authorities must usher in transparency and reveal questionwise marks awarded to candidates, under the Right To Information Act.
In March 2006, Treesa Irish from Kerala became the first student to fight tooth and nail to be allowed to see her exam answer scripts. She lost the battle when a full bench of the Central Information Commission ruled that the data she had requested was of a personal nature, and that its disclosure had no relation to any public interest and would therefore be prohibited under section 8(1)(j) of the RTI Act.
But, in a ruling on December 22, in the case of Ajeet Kumar Pathak, a class XII CBSE student from Bihar, who sought questionwise marks in the chemistry paper, information commissioner Shailesh Gandhi said, ‘‘None of the exemption clauses in the RTI Act were applicable in this case.’’ Gandhi said the ruling was now ‘‘in principle’’ applicable to all authorities conducting exams in the country.
‘Marksheet ruling will ensure transparency’
The Central Information Commission’s judgment of December 22 that allows students to access question-wise marks of their examination papers overturns earlier rulings that have said, among other things, that the relationship between the exam-conducting authority and the examiner was fiduciary in nature, and therefore information must be kept confidential under section 8(1)(e) of the RTI Act.
Students under several education boards across the country have sought copies of their answer booklets under the RTI Act. All failed in their quest, with public information officers referring to Irish’s case as the precedent. That is, until Ajeet Kumar Pathak, a class XII student, demanded that CBSE board provide him details of question-wise marks awarded to him in the Chemistry paper.
Here too, the CBSE board stated, ‘‘The larger public interest does not warrant disclosure of such information.’’
Pathak then filed his first appeal, which was again defeated, with the authority ruling that ‘‘no candidates shall have the right to obtain questionwise marks’’. It was then that CIC stepped in and cleared the way for details of questionwise marks to be revealed. NCERT joint director G Ravindra said that this ruling was in line with the National Curriculum Framework of 2005, which emphasized transparency in conducting examinations.
‘‘NCF 2005 had suggested several exam reforms, including transparency and stress-free exams. However, NCERT is an advisory body, and it was upto boards to implement NCERT recommendations,’’ added Ravindra. Karnataka was the only state in the country that decided to go ahead and hand over answer sheets to students.
Source:-The Times of India Delhi 29 December 2008 P. 1
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18% rape cases false: Study

Anger Towards Accused Prompts Allegations In 25% Of Charges

A little less than 20% of sexual-assault cases reported in and around Delhi are false, shows a five-year study. In almost every fifth incident, or, in 18.3 % cases to be precise, rape is used as a weapon to malign and attempt revenge, found a group of psychologists who assist Delhi Police in investigating sexual assault allegations.

The conclusion was drawn from 113 cases in the last five years. Anger towards the accused prompted allegations of rape in 25% of the false charges. An equal number of such cases were filed at the behest of family members. Every fifth false allegation was made by a minor ‘coached’ to cry ‘rape’ as an attempt to settle family scores. About 15% were situations of panic after clear consent, while the remaining 15% defied categorization.

In September 2007, the Supreme Court had alerted lower courts to attempts at misusing the rape law, noting ‘‘the courts should bear in mind that false charges of rape are not uncommon.’’

Rajat Mitra of Swanchetan, the NGO that conducted the study, says the false cases can be complicated at times. He talks of a 16-year-old girl from West Delhi’s Dabri area who accused her father and another man of rape. The girl claimed insanity post-assault, saying she would see faces of men all around her attacking her. The girl broke down on being asked by counsellors whether the images were in black and white or in colour.

She confessed her brother had asked her to accuse their father. With her father in jail, believed the girl, her brother would get the property and she would get to marry the person of her choice. In the end, withdrew the case.

Another case was of a medically proven rape of a 13-yearold in Dwarka. The girl had accused three men but the police found their investigations did not show these men’s involvement. After a quiet talking-to by psychologists, the girl finally got the courage to speak the truth. She said the three men who had raped her were family members who had threatened her. To protect them, and out of fear, she had accused three others. In this case, the chargesheet was filed against the real culprits.

In the face of such cases, the five-year study assumes significance. Sexual assault is tricky to investigate and wrong convictions can harm the falsely accused and discredit the ordeal of real rape victims. Zero tolerance to sexual crime has a flip side to it as a person’s testimony can be taken at face-value in the absence of evidence or corroboration.

It is important for investigators of sexual assault to be alert to the grey areas of such crime, says Mitra, a clinical psychologist. ‘‘While 34% of all cases showed acute PSTD in the immediate aftermath of the attack, almost 30% displayed no obvious signs of trauma,” he said. The no-sign cases can mislead because the average policeman identifies trauma with incessant cathartic bawling, and a silent person may be viewed as not being traumatized, he says, while the person may likely be numbed.

Collection of evidence is often difficult, as cases are frequently reported too late for physical examinations to yield conclusive results. This is when counselling can help, as psychologists are skilled at reassuring victims and can get them to open up and recount incidents. In cases of false allegations, it’s the structure of the stories that most often give the game away. ‘‘The pre and post-sequence, the language used and the structure of events is obvious when it is coached,’’ says the clinical psychologist.

Instead of recalling, a person making a false accusation reconstructs the incident, building in the details as it would gel with her interrogators.

Source:-The Times of India Delhi 30 December 2008 P. 6
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Women chart course in crime

36 Held In 2008 For Economic Offences, Murder, Bootlegging
The fairer sex does not seem to be shying away from unfair trades.
In 2008, Delhi Police arrested 36 women for crimes ranging from economic offences, prostitution, bootlegging to murders — all of which points to how crime in the city is moving on from being a male bastion to one where women play a key role, be it as the femme fatal or sometimes even the mastermind. Not all of them take to crime to survive but all of them when they do, show a knack for beating the men at their own game. Many seem to have taken to crime at the behest of their men.
When Delhi Police on Sunday arrested Kanika Budhiraja (27) for allegedly duping airlines worth crores of rupees along with her gang, they were in for a surprise when she turned out to be suave, well educated and executive like criminal. Why Buddhiraja turned into a criminal is still a mystery for the cops but what they say is that women like Budhiraja are increasingly found in this ‘high gain, low risk’ world of e-frauds.
In September this year, the crime branch arrested some gang members owing allegiance to a woman identified as Mona (35). She along with her gang used to pick targets from the inland container depot at Tughlaqabad.
Mona would use her charms to get lifts from the targeted truckers and then loot the high worth consignments they would be transporting.
She and her accomplices were also found to be involved in three murder cases, say policemen. Still at large, Mona is said to be a native of Hapur and a school dropout. Her modus operandi is simpl. The gang run by her zeroes onto a particular container or truck and befriends its driver. Her friends then seek a lift and, on the way, kill the driver and flee with the truck only later to sell the consignment inside the truck.
In January this year, the crime branch arrested a call centre employee, Ekta Mansukhani (24), who hired a gang of snatchers. Experts attribute several reasons for this trend, primary among them being socio-economic causes. Many of the women criminals started their life of crime in gangs led by men. As the most trusted lieutenants, they often took over the mantle Neelabh after the gang leader was either killed or arrested.
The police have realised that while its attention has traditionally been focussed on male criminals, women criminals sometimes get away purely because of their gender. Recently, the south district police arrested Geeta Arora Sonu Punjaban (32), an alleged pimp working for dreaded criminals like Hemant Sonu. During interrogation, Punjaban revealed that she had been associated with a number of criminals and provided active support for their activities. “She was fascinated by criminals. She has been associated with them for the last 12 years. Her first boyfriend from the underworld was Vijay Singh, an extortionist from Uttar Pradesh who belonged to the Sriprakash Shukla gang. He was killed by the Special Task Force of UP police in an encounter,” said a senior police officer.
It is not just young women. Shakila (53) was arrested for murder, bootlegging and betting from Preet Vihar area. Shakila became so notorious that she had to be finally externed from Delhi but she managed to operate from the periphery of the Capital with the help of her husband Shakil (25), who was half her age. Shakila, according to police records, has amassed wealth worth crores of rupees and owns three houses in Ramesh Park area of east Delhi. Shakil, a washerman, took to crime at the age of 18 years and is involved in 10 cases of murder, attempt to murder and robbery.
There have also been a number of incidents of women being used as couriers to smuggle counterfeit currency. In fact, five such women were arrested in 2007 by the Delhi Police. The lure for them was the hefty commissions they received.
NOT SO FAIR AFTER ALL
Oct 17, 2008: Nirupma Tiwari (32) arrested along with a Nigerian national allegedly for duping a Mumbai-based trader of Rs 2.5 lakh
Sep, 27, 2008: Sunita (29) and Preeti (27) arrested in southwest Delhi. They allegedly extorted money from men by threatening to implicate them in rape cases
Sep 25, 2008 : Eric Anthony William Massey and Liza (27) (name changed) arrested for the murder of retired GM of Indian Oil Corporation. Liza had come in contact with Goel on the internet
Sep 4, 2008: 41-year-old businessman Ajay Gupta from Prasad Nagar was murdered by a woman and her two accomplices. The woman, Lalita Khatri (23), befriended Gupta to rob him Dec, 27, 2008: Neetu Jain arrested along with her lover for allegedly plotting murder of her husband Pramod Jain, a jeweller
Source:-The Times of India Delhi 30 December 2008 P. 3
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26 December, 2008

Home not safe for Indian women any more

With over 75,930 women becoming victims of torture and cruelty by their husbands and in-laws, homes too have become unsafe for women in India
While public places had ceased to be safe for women in India for quite some time now, the so called safety nest, the home too cannot be called safer for them anymore in the country.
Worse, a woman becomes victim of a crime somewhere in India every three minutes, with majority of them becoming targets of their husbands and in-laws, reports IANS quoting the National Crime Record Bureau (NCRB).
According to the NCRB report Crime in 2007, overall 185,312 incidents of crime against women were reported in the country during 2007 as compared to 164,765 during 2006, an increase of 12.5 per cent.
The number of crimes committed against women has increased continuously during the last five years, the report states, with the highest number of crimes against women being recorded in Andhra Pradesh.
Homes were far from being safe havens for women. Last year, 75,930 women became victims of torture and cruelty by their husbands and in-laws, accounting for the highest number of crimes against women.
"This reflects growing disorder in terms of social relations in our society. On the other front our law enforcement agency has also failed to book culprits and our laws, rather than acting as a deterrent, is giving culprits a chance to commit crime and walk away scot-free," women's rights activist Ranjana Kumari said.
According to the Centre for Social Research, an NGO working for women's rights, aspiration for a high standard of living among young couples is an important reason behind rising family discord.
"Globalisation has brought a major shift in our attitude as we are moving towards a spending culture from a saving culture which is causing inter-personal tensions," Kumari said.
There were 20,771 cases of rape reported in the country in 2007. In more than 90 per cent of the cases, the victims knew the offenders. The highest number of rape cases was reported from Madhya Pradesh.
Despite the rise in the number of crimes against women, the National Commission for Women is of the view that laws such as the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act and various sections in the Indian Penal Code are important legislative measures that provide protection and legal remedies to women.
According to National Commission for Women member Yasmin Abrar, "The laws are effective enough to protect women, but it is the lack of awareness that is responsible for increasing crime against women. We need a major change in the mindset of our society to deal with these issues."

Source:- http://www.igovernment.in/site/Home-not-safe-for-Indian-women-any-more/

24 December, 2008

8-year-old Saudi denied divorce from hubby, 58

Riyadh: A Saudi court has rejected a plea to divorce an 8-year-old girl married off by her father to a man who is 58, saying the case should wait until the girl reaches puberty, said a lawyer involved the case.
“The judge has dismissed the plea (filed by the mother) because she does not have the right to file such a case, and ordered that the plea should be filed by the girl herself when she reaches puberty,” lawyer Abdullah Jtili said in a telephone interview after Saturday’s court decision.
The divorce plea was filed in August by the girl’s divorced mother with a court at Unayzah, 220 kilometres north of Riyadh just after the marriage contract was signed by the father and the groom.
“She doesn’t know yet that she has been married,” Jtili said then of the girl who was about to begin her fourth year at primary school.
Relatives who did not wish to be named said that the marriage had not yet been consummated, and that the girl continued to live with her mother. They said that the father had set a verbal condition by which the marriage is not consummated for another 10 years, when the girl turns 18.
The father had agreed to marry off his daughter for an advance dowry of 30,000 riyals ($8,000), as he was apparently facing financial problems, they said. The father was in court and he remained adamant in favour of the marriage, they added.
Lawyer Jtili said he was going to appeal the verdict at the court of cassation, the supreme court in the ultra-conservative kingdom which applies Islamic Sharia law in its courts.
Arranged marriages involving pre-adolescents are occasionally reported in the Arabian Peninsula, including in Saudi Arabia where the strict conservative Wahabi version of Sunni Islam holds sway and polygamy is common.
In Yemen in April, another girl aged eight was granted a divorce after her unemployed father forced her to marry a man of 28.
Source:-The Times of India Delhi 24 December 2008 P. 24
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Court stays appointment of IIT-M head :VIOLATION OF CODE

The Madras high court on Tuesday set aside the appointment of M S Ananth as director of Indian Institute of Technology, Madras, holding that he had not been appointed by the Council, the central body for IITs, as required by law.
Ananth, who had served for five years as director from December 2001, had been reappointed for another five years, or till he completes 65 years of age, whichever was earlier, with effect from July 1, 2007. The re-appointment had been made by a ‘search-cum-selection committee’ approved by the Union human resources development minister, but the court ruled that the panel had no authority to appoint an IIT director. The court took exception to the ministry handpicking “a small coterie” to select the director and criticised the absence of public notice or advertisement for such a prestigious post.
When Ananth’s first term ended on Dec 23, 2006, the IIT-M registrar issued an office order that he would continue in office till June 30, 2007. Meanwhile, the Union government sent out a circular to academicians, educationists, prominent scientists and technologies requesting them to suggest the names of eminent persons to be considered for appointment as IIT-Madras director. A few names were shortlisted on this basis, and on the basis of “personal discussions and the professional career and credentials” with these candidates, the search committee reappointed Ananth. The prior approval of the Visitor (the President of India) was also obtained before a formal offer was made to him.
Immediately after the verdict was known, an emergency meeting of deans and senior professors was held at IIT Madras to discuss the consequences. The campus is now on a year-end vacation. When contacted, Ananth said, “I am yet to receive the order. It is only a technicality that I have been removed. Therefore I do not want to comment on it.”

Source:-The Times of India Delhi 24 December 2008 P. 17
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Cash-at-door: SC panel finds no proof :JUDGING THE JUDGES

Collegium To Wait For CBI Report To Clear Punjab & Haryana HC Judges
Uncertainty hangs over the fate of two judges of the Punjab and Haryana High Court — Justices Nirmaljit Kaur and Nirmal Yadav — despite a highlevel in-house judicial inquiry being unable to find adequate evidence against them in the cash-at-judge’s door scam.
The collegium of Supreme Court judges headed Chief Justice K G Balakrishnan considered the inquiry report, which recorded the unusual behaviour on the part of the two HC judges but did not find enough evidence regarding judicial indiscretion to warrant personal explanations.
However, the collegium, noting the seriousness of the incident — delivery of Rs 15 lakh at the doors of Justice Kaur ‘‘mistakenly’’ by then Haryana additional advocate general Sanjeev Bansal — has decided to wait for the report from the CBI, which has also been asked to probe the incident.
CBI appears to have intimated the Supreme Court that its investigations were in the final stages and that it was likely to submit its probe report in the first week of January 2009. Factoring in this development, the collegium decided to consider afresh the judicial report along with the investigation details to be submitted by CBI.
The judicial report, submitted by a panel comprising Allahabad HC Chief Justice H L Gokhale, Gujarat HC Chief Justice K S Radhakrishnan and Delhi HC judge Justice Madan Lokur, did elaborate questioning of the two Punjab and Haryana HC judges — Justices Kaur and Yadav — as well as other accused.
The panel had asked Justice Kaur as to why the packets were opened by the security personnel in her presence, which it thought was unusual for a judge. Justice Kaur’s response was equally curious — it was the practice to open anonymous packets in the presence of security personnel as Punjab is a militancy affected state.
The panel has commented that there was more to it than met the eye. On the other hand, it recorded that during questioning Justice Yadav conceded that she, along with 17 others, had bought properties at Solan in Himachal Pradesh with the help of Delhi-based businessman Ravinder Singh and property dealer Rajiv Gupta. However, with most of the accused, other than the judges, in judicial custody, the panel could not gather much evidence to nail the truth. Now, things are expected to take a turn only on the basis of the CBI report in January.
Source:-The Times of India Delhi 24 December 2008 P. 11
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Son forges papers, court takes father to task

A 56-year-old man, whose son forged his brother’s matriculation certificate and gave it under his name to secure a job in Delhi Police, has been slapped with conspiracy charges by a sessions court which said “being a father, he must have known about his son’s wrongful act.’’
Prabhu Dayal’s petition challenging the conspiracy charges on the grounds that he had no involvement in the act and he just stood as surety for his son with neither the knowledge of the offence nor the intent to help the accused found no credence with the court.
“The petitioner, being the natural guardian of the accused was aware about the academic qualification of his son. As the father was living with the accused, he had the information that his son never did schooling upto class X and which was the qualification for securing his employment in Delhi Police,” it said.
As per the case, three FIR’s were registered against Dayal and his two sons for cheating and criminal conspiracy. According to the police, the accused, Krishan, had allegedly forged his brother Bal Kishan’s matriculation certificates and submitted them under his own name to secure a job of a constable in the Delhi Police.
In March, the trial court also took the father under the rap for aiding his son. Challenging the trial court’s order, Dayal filed a revision petition in the sessions court stating that he could not be rendered liable for the conduct of others and his role in the case was limited to securing bail for his son.
Challenging the petition, the prosecution said that being father of the accused, would in all probability know the educational qualifications of Krishan and hence, the fact that the latter was not eligible to join the police. Rejecting his petition, the court said while Dayal stood as a surety for his son, it must be in his sub-conscious mind that his son had forged the certificate so as to commit cheating, observed the court.
Source:-The Times of India Delhi 24 December 2008 P. 6
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Kids worst victims in divorce cases: HC

The trauma of children whose parents are involved in matrimonial dispute has drawn the attention of Delhi High Court.
HC has observed that children are the worst sufferers ‘‘who not only get deprived of love, care and affection of one of their parents but become a target in the obsession of winning possession and custody of the children’’. The court added: ‘‘The marital discord sometimes reaches a stage where parties are unmindful of what psychological, mental and physical impact it has on children.’’
‘‘Children, whose parents seek divorce, witness negative family interaction prior to a divorce, also experience many life transitions and strained familial relationship after divorce,’’ HC noted, while dealing with a petition filed by a man seeking custody of his daughter from his estranged wife.
For more than seven years, the husband and wife have been filing petitions one after another before the court accusing each other of violating the court order for their daughter’s custody. The court suggested to the couples to give paramount importance to the welfare of their children than fighting over small issues.
Source:-The Times of India Delhi 24 December 2008 P. 4
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23 December, 2008

Pension is the part of right to life: Bombay HC

Pensioners now have a reason to smile. In a landmark judgment, the Bombay high court has held that pension is a vital aspect of social security and that the right to receive it constitutes a right to life under the constitution. Moreover, it held that pension must be paid regularly in the first week of the month.
‘‘Deprive a pensioner of the payment and you deprive him or her of the right to life. Delayed pensionary payments place a pensioner in a position of uncertainty and dependence which impinges on the quality of life under Article 21, and the right to dignified existence of the aged,’’ said Justice D Y Chandrachud while directing the transport undertaking of Solapur Municipal Corporation to deposit the pensions of 13 retired employees on the first day of the succeeding month or latest by the seventh day.
The judge noted that pensioners can’t be left to the mercy of the administration to receive what is a matter of right. ‘‘Pensioners must lead their lives with a sense of self-respect and dignity,’’ he held as he innovatively developed the rights of senior citizens, especially pensioners, in consonance with the guarantees expected under the constitution. The judgment was passed in a case where the Solapur civic body had challenged a direction of an industrial court which had labelled its action of delaying pension payments inordinately each month as an unfair labour practice and directed it to credit the monthly pension by the first day of each following month.
The civic body explained that it was in financial difficulties and said it could pay by the 15th and not the first. The civic body argued that the Maharashtra Civil Services (Pension) Rules does not mandate payment by the first of each following month. It says payment has to be made ‘‘on or after the first day...’’
Source:-The Times of India Delhi 23 December 2008 P. 14
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20 December, 2008

Is shoe chucker too badly hurt to appear in court?

Baghdad: The Iraqi journalist who threw his shoes at US president George Bush appeared before a judge on Wednesday but in his jail cell, his brother said, alleging the reporter must have been too seriously injured to appear in a courtroom.
The family of Muntazer al-Zaidi went to the Central Criminal Court to attend a hearing, brother Dhargham said. He added they were told the investigative judge went to see him in jail and that they should return in eight days.
“That means my brother was severely beaten and they fear that his appearance could trigger anger at the court,” he added.
Iraqi officials and another brother have denied that the journalist suffered severe injuries after he was wrestled to the floor following the shoethrowing incident during a press conference by Bush in Baghdad on Sunday.
Al-Zaidi was held for allegedly insulting a foreign leader, a charge that carries a maximum of two years in prison. Under the Iraqi legal system, the case is given to a judge who investigates the allegation, weighs the evidence and recommends whether to order a trial.
The process can take months, and it is normal for initial hearings to be conducted informally rather than in a formalized setting common in US and British courts.
About 1,500 demonstrators took to the streets on Wednesday in the Baghdad Sunni neighborhood of Azamiyah to demand his release.
Chaos in Iraq House over boot-tossing, Speaker may resign
Iraq’s parliament speaker says he’s resigning after legislators argued about the journalist who threw his shoes at President George Bush. Iraq’s parliament erupted into chaos on Wednesday as lawmakers argued over whether the journalist should be freed from jail. An official in the speaker’s office says he is unsure about the seriousness of Mahmoud al-Mashhadani’s announcement, but says it may have made because he was nervous. The official spoke on condition of anonymity because he was not authorized to talk to the media. AP
Source:-The Times of India Delhi 18 December 2008 P. 20
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ENDING LONG WAIT :CrPC amendment makes trial easier on rape victims

The Rajya Sabha on Wednesday approved much-awaited amendments in the Code of Criminal Procedure Code (CrPC), providing for a number of path-breaking measures in the existing law to lessen the agony of rape victims.
Completion of trial of rape cases within a period of two months from the date of commencement of the examination of witnesses, hearing of the cases by woman judges (as far as practicable) and questioning of rape victims in the presence of her parents or a social worker are some of the provisions of the CrPC (Amendment) Bill.
The Bill was passed by voice vote along with certain minor amendments pressed by CPM member Brinda Karat. It also has provisions of commuting of capital punishment of a pregnant convict to life imprisonment, victim’s rights to appeal against acquittal, beginning of a “victim compensation scheme” (to compensate the victim or his dependents who have suffered loss or injury as a result of crime in any part of the country), audio-video recording of statement of witnesses and trial of cases through video-conferencing. Winding up the discussion before the Bill was passed, home minister P Chidambaram said: “The effort is to make the Bill more humane to law-abiding citizens and more difficult for those who try to violate the law.”
The Bill was introduced in Rajya Sabha in August 2006 and subsequently referred to the Standing Committee of the Parliament. Chidambaram said the Bill was brought to the House after giving due consideration to the recommendations of the committee.
As far as bringing changes in the law concerning rape victims is concerned, the Bill also provides for investigation of a case at the residence of the victim and as far as practicable by a woman police officer. These provisions will spare the victim of the agony of visiting the police station and answering inconvenient questions in front of unidentified persons.
Source:-The Times of India Delhi 19 December 2008 P. 1
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No child should be failed until Class 8, says Bill

If the recently introduced Right to Education Bill becomes law, schools will not be allowed to force a child to repeat a year or expel students until class VIII for any reason.
The Right of Children to Free and Compulsory Education Bill, 2008, introduced this week in the Rajya Sabha, proposes that both government and private schools across the country not fail students for poor performance until they complete elementary education (class VIII), nor throw anyone out of school.
‘‘The world over, children do not fail in lower classes. If a child does not perform well, the onus is on the school. That is the spirit of the clause that prohibits holding back children in any class,’’ said R Govinda, co-author of the Bill and a research fellow at National University of Education Planning and Administration.
Authors of the Bill noted that several private schools expel non-performing children — which would invite penalty if the new law comes into force.
Edu Bill seeks to make exams optional
If the Right of Children to Free and Compulsory Education Bill, 2008, introduced this week in the Rajya Sabha is passed students can’t be failed for poor performance until they complete elementary education (class VIII).
‘‘Schools will have to take additional remedial coaching for, and responsibility for, every child’s performance, instead of sending them away,’’ said R Govinda, co-author of the Bill and a research fellow at National University of Education Planning and Administration. The bill also seeks to make examinations optional by emphasizing continuous and comprehensive evaluation instead. ‘‘So, for instance, it’s up to the school whether it wants to carry out regular evaluation every day. The school also has the option of not giving final exams or terminal exams,’’ said Delhi University professor Vinod Raina, one of the Bill’s authors.
‘‘People normally think kids won’t take studies seriously if there is no failure and no exams. We’re saying that kids don’t necessarily have to learn out of fear. Instead, they’ll learn if you provide them with a learning environment. The examination system has been in place for over 60 years. Yet, more than 50% students drop out of school while 40% of those in school do not have the minimum competency for their standard,’’ added Raina.
The National Crime Records Bureau has shown that student suicides rose by nearly 7% between 2006 and 2007.
‘‘This system sounds good for children, as it will not put unnecessary pressure on them,’’ said Father Frazer Mascarenhas, principal, St Xavier’s College.
Source:-The Times of India Delhi 19 December 2008 P. 1
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In China, court fines ‘flesh search engine’

Hong Kong: In the first case involving “cyber-violence” and a “human flesh search engine” in China, a court has fined a website and an internet user for posting personal and intimate details about an unfaithful husband, his mistress and a spurned wife who committed suicide.
While the fines in the case were small, legal scholars said the ruling could carry a wider significance as the Chinese government and the Communist Party search for ways to police the internet. A recent rise in online vigilantism could lead the authorities to issue more dramatic restrictions on internet users and websites.
The court ruling, which was announced on Friday, specifically mentioned “cyberviolence” and the possibilities for abuse by human flesh search engines, which the three-judge court called “an alarming phenomenon.” The term comes from a widely used compiler of blogs and search engines in China called Renrou, which means human flesh.
In the ruling announced Friday, after the wife killed herself in December 2007, her personal diary was posted on the Internet by her sister. The sorrow of her final days, which she had recorded in a private blog-diary, set thousands of outraged human flesh searchers to work, tracking down the husband.
The husband, Wang Fei, 28, soon began receiving death threats, harassing calls at work and was vilified on the Internet. He and his girlfriend were forced to leave their jobs at a prestigious advertising agency.
Source:-The Times of India Delhi 20 December 2008 P. 24
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Barking stray dogs a nuisance? Kill them all, says Bombay HC

Their bark may really end up worse than their bite. The fate of lakhs of dogs was sealed on Friday, as Bombay high court ruled in a majority verdict that stray canines that ‘create a nuisance’ by, say, barking too much, can be killed. The verdict applies not only to the estimated 70,000 stray dogs in the city, but to canines in all of Maharashtra and Goa.
A three-judge constitutional bench which was to have the final say on whether stray dogs’ days were numbered, went two to one in favour of the discretionary execution of troublesome stray dogs, and also rabid, incurably ill and mortally wounded dogs. The verdict, however, has been stayed for six weeks, and no dogs will be killed until then.
The issue of troublesome strays has been dogging HC for a decade, raising the question of whether any provision in law permits civic bodies to kill them. The HC heard a reference made by a judge while sitting at the Goa bench, to decide whether stray dogs should be put to sleep or only sterilised. In 1994, BMC stopped killing dogs and switched to sterilisation to curb their population. Justice S Radhakrishnan, who headed the bench, took a compassionate view towards ‘homeless and abandoned’ strays, and held that discretionary powers of the civic chief can only be exercised if the dogs are rabid, mortally wounded or incurably ill — categories under which animals can be killed in accordance with Prevention of Cruelty to Animals Act.
Source:-The Times of India Delhi 20 December 2008 P. 15
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DON’T HOLD BACK :Now, pay fine for wrong info

It’s Mandatory For Citizens To Part With Accurate Data During Surveys

You may soon have to give authentic socioeconomic data sought by the government. And if you don’t, you may be fined.

The Rajya Sabha on Friday finally passed an important legislation making it mandatory for citizens and commercial establishments to part with accurate information during the annual survey.

Accordingly, every individual in the country and private establishment will have to share desired information with a designated statistical officer, else they will have to pay penalty which may, in certain cases, extend up to Rs 10,000.

The Collection of Statistics Bill — introduced in the Upper House in 2007 — also provides for empowering the Central government to make rules for avoiding duplication and for maintaining technical standard in data collection, which is currently lacking during the annual survey in the absence of any legal backing. The Bill is likely to be taken up by the Lok Sabha next week.

Before pressing the House to pass the Bill, Union minister for statistics and programme implementation G K Vasan said: “The new law will have elaborate provisions to ensure that the information collected will not be used for any purpose other than for statistical purpose. Identities of individuals or companies will not be revealed to anyone during use/transfer of such data within government agencies which may need it for policy making.”

As against the existing law which only facilitates collection of statistics of certain kinds relating to industries, trade and commerce, the new law will empower the government to collect data on economic, demographic, social, scientific and environmental aspects of individuals and households. Though the government has been collecting such data under the National Sample Survey, it is done voluntarily.

Stating the purpose of such a legislation, Vasan said: “It is felt that the provisions of the current law are not adequate to meet the new challenges arising out of liberalisation and globalisation regime manifested by the World Trade Organisation (WTO) agreement.”

The Bill also has provision of empowering panchayats and municipalities to collect statistics through due procedures. Once the new law comes into force, the government will appoint a number of statistical officers for each subject of data collection at the district and block levels.

The legislation has been brought on the recommendation of the National Statistical Commission which had pitched for a law which could help the government in collecting credible data on time.

Source:-The Times of India Delhi 20 December 2008 P. 11

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Ladies Special - Signs of a Cheating Husband

One of the most common ways you can detect if your partner is cheating is by looking out for changes in his day to day routine and behaviour. If your partner is having an affair it is quite likely that he will start acting differently. This is because we all settle into certain routines when things are regular and normal so it is only natural that if something changes in our lives then things get thrown off course and we start doing things differently. These changes in your husband's routine can be giveaway clues that he's seeing someone else but can be so easily missed
Have you detected any of the following?
  • Has he become short tempered with you or children?
  • Does he want to be out more now whereas before he was happy to be at home with you?
  • Does he stay awake later a night? This may be so that he can phone, SMS or email 'her' once you've gone to bed or simply in the hope that you'll be asleep before he gets into bed.
  • Suspicious cell phone behaviour - Has he become possessive of his cell phone? Does he keep it close by whenever you're nearby? Men who cheat use their cell phone to communicate with the other women. Unless they are totally stupid and use their home phone number. Look for him erasing his call logs and messages constantly.
  • Does he insist on answering the phone and talks in coded mode if you are around or feels uncomfortable by your presence?
  • Has he become more possessive toward his wallet, pocket calendar or briefcase?
  • Has he started avoiding you in the home? Doesn’t look into your eyes straight?
  • Does he go out for longer and more frequent walks?
  • No more arguing - Has he become docile when arguments arise? Men do not like confrontation when they are cheating, they will do whatever it takes to avoid any type of heated confrontation.
  • Has he lost interest in things he used to be passionate about, say a particular sport or a particular hobby?
  • All of a sudden has he starts talking about getting together with old friends he hasn't seen in years and about whom he has never spoken of to you?
  • Have you noticed him suddenly being more knowledgeable about women's clothing, perfume or jewellery? If so he could be buying gifts for another woman.
  • Has he started to take an interest in something that you know he was never previously bothered about?
  • Has he stopped leaving his clothes lying around or started doing any of his own washing, maybe because there are revealing smells or marks on them?
  • Has he started encouraging you to go alone to visit parents or friends now a days?
  • Has he started attending extended seminars/official/business trips or going on tours he never used to attend and go before with that frequency?
  • Did he remember things he had forgotten to do at the office and wants to leave immediately at odd hours?
  • Does he forget to wear the wedding ring sometimes?
  • Does he make a point of keeping the car/bike free of things belonging to you or the kids?
  • Has he has started keeping an overnight bag in his car or office, apparently for a workout?

These signs of a cheating husband appearing now and then may not mean anything in isolation, but if you notice a number of them happening with a pattern, you should take them as a warning signs that there's probably something wrong going on. You must take corrective steps to save your marriage.

Source:-http://www.hyderabadpolice.gov.in/

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15 December, 2008

RTI exposes gaffe in recruitments

Is it possible to select a candidate for any post without preparing a merit list of candidates?
The answer is “yes”, if one goes by the information supplied by the Himachal Pradesh High Court under the Right to Information Act regarding direct recruitment of additional district and sessions judges in 2007.
An application was filed in this regard by RTI activist Dev Ashish Battacharya in which he had sought details of the marks obtained by the selected candidates and also the names and marks obtained by the first five candidates in the merit list in the preliminary, main and viva voce examinations.
As per information provided by the state public information officer of the high court, only one candidate was finally selected to the cadre of the district and additional district judge. The candidate was from the general category.
However, regarding the names and marks obtained by the first five candidates, he states that the organisation and administration branch of the high court has reported that “no such detail of first five candidates has been prepared”.
The selected candidate had obtained 163 marks out of 300 marks in the preliminary examination and his score in the paper of criminal laws was only 21 out of 100 marks. The detail regarding marks obtained in viva voce reads: “average marks out of aggregate of 300 marks X 9 = 207.22 or 207 marks”.
The high court had advertised two vacancies, one for ST candidates and the other for general category candidates. In all, 171 candidates, including nine ST candidates, appeared in the preliminary examination.
The selected candidate was placed at the 47th place in the list of candidates declared successful in the preliminary examination. The rules lay down that a maximum of 35 candidates can be called for the main examination against a post. It is not clear what criterion was followed for calling candidates for the main examination and the interview.
A candidate, Pramod Goyal, who was not called for the interview, had moved the high court for the re-evaluation of his paper of constitutional law. The expert who re-evaluated the paper said in his report that the examiner had been stringent in marking his paper and that he had done as good as the candidates who had been selected for the interview. He should be awarded 100 marks instead of 94 like other selected candidates. While Goyal was called for the interview after re-evaluation, others whose papers were also subjected to such “stringent marking” got no such relief.
Bhattacharya points out that the case of Goyal makes it clear that the criteria for calling candidates for the main examination and for the interview were different. A candidate securing 21 marks out of 100 in a paper in the preliminary examination was called for the main examination (and he eventually got selected), but Goyal, who obtained 94 marks out of 200 in a paper in the main examination in the first evaluation, was not called for the interview.
The best course, Bhattacharya says, to avoid such controversies is that institutions like the high court and the Vidhan Sabha, which have to oversee the functioning of the entire administrative system, should not get involved in the business of recruitments and, like other departments, leave it to the state public service commission and the subordinate services board.
Source:- The Tribune 15 Dec. 08
http://www.tribuneindia.com/2008/20081215/main8.htm

13 December, 2008

Tis Hazari gets terror threat

Tis Hazari district court complex on Friday recieved a threat letter allegedly sent by banned outfit Jaish-e-Mohammed (JeM) claiming to blow up court complexes on Saturday. Soon after the threat, the police with dog squad checked the court premises and security was beefed up.

According to court officials, a letter was recieved by the office of district and sessions judge sent through post. The letter, carrying signature of an alleged JeM operative, threatened to blast court complexes in the Capital on Saturday without specifying any of the five district court complexes.

“I extend our challenge to your department, government, police and security agencies to stop us from achieving our goal scheduled for Saturday....We will rock all your court complexes on that day (December 13) either with the help of our fidayeens (suicide squad members) or some other manner,” the letter read. The threat letter also mentioned the fact that Lok adalats are going to be held on Saturday. Delhi Police said that they did not receive the letter themselves. ‘‘We already have maximum security at the court complexes. All the preventive measures are in place and back-up teams are ready,’’ said Sagarpreet Hooda, DCP (North).

Sources in the police said that though nothing was being taken for granted, there is no reason for citizens to panic. ‘‘The letter has numerous spelling errors and is far-removed from the nuanced text that these organizations send after each attack. Also, the letter is general in nature and looks like the drafting was done in a hurry. Since, Lok Adalats have been mentioned, we will keep the warning in mind,’’ said a senior police officer.

A similar warning was made on December four, stating that terrorists in guise of advocates would create mayhem at Tis Hazari courts complex, which was found to be a hoax by the police. However, three days later, a fresh threat was made that some bombs were planted at Patiala House courts complex, which too turned out to be fabricated.
Source:-The Times of India Delhi 13 December 2008 P. 7
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Illegtimate Childern also have the right in ancestral property- HC अवैध बच्चे भी पैतृक संपत्ति के हकदार : हाई कोर्ट

एक ऐतिहासिक फैसले में केरल उच्च न्यायालय ने व्यवस्था दी है कि कानूनी विवाह से उत्पन्न हुए बच्चों के साथ ही अवैध बच्चे भी पैतृक संपत्ति के हकदार हैं। अदालत ने केन्द सरकार को यह भी सुझाव दिया कि वह धर्म का भेदभाव किए बिना सभी अवैध संतानों को पैतृक संपत्ति में हक दिलवाने के लिए कानून बनाए। यह कानून आपराधिक प्रक्रिया संहिता की धारा 125 (पत्नी और बच्चों के लिए गुजारा भत्ता) की तर्ज पर होना चाहिए। जस्टिस सी रामचन्दन नायर और जस्टिस एम.सी. हरिरानी की खंडपीठ ने यह आदेश मोटर दुर्घटना दावा न्यायाधिकरण के निर्णय के खिलाफ दायर की गई एक अपील पर सुनाया। न्यायाधिकरण ने सड़क हादसे में मारे गए 36 वर्षीय डॉक्टर की वैध और अवैध संतानों को मुआवजा देने का निर्देश दिया था। न्यायाधिकरण के आदेश को उचित ठहराते हुए खंडपीठ ने कहा कि सभी अवैध संतानें ऐसे पुरुष और स्त्री के बच्चे होते हैं जो कुछ समय साथ रहे और वास्तव में उन्हें हर मामले में पति पत्नी माना जा सकता है।
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09 December, 2008

Free flow of money and muscle power not done, says bench SC wants ‘cleaner’ campus polls

The Supreme Court today said it would not allow a university campus to become a “political battlefield” with free flow of money and muscle power in student union elections.
“We will see that educational institutions should not become a political battlefield. Our aim is to see that there should not be free flow of money and muscle power," a bench comprising justices Arijit Pasayat and M.K. Sharma said.
The bench expressed its displeasure that elections in universities have become like parliamentary polls. “Things have changed over the years. See the amount of money going into these elections. Ten years ago, even in Parliamentary elections such money was not used,” it said.
The bench was hearing matters relating to the Jawaharlal Nehru University Students’ Union elections, which were stayed by it on October 24 after allegations that the varsity was not implementing the recommendations of Lyngdoh Committee.
It was also hearing the issue relating to vandalism in a college in Puri district of Orissa in the run-up to the students’ body polls. The bench took up the matter by expressing its disapproval at the students of JNU who filed an application under the nomenclature of ‘joint struggle committee’ for lifting the stay on the election.
The use of word “struggle” in naming the committee to fight the stay order of the apex court triggered the wrath of the bench.
"What is the nomenclature of the committee? This is certainly not the acceptable language. You cannot say struggle against the Supreme Court," the bench said.
Realising the mood of the bench, advocate Sanjay Parikh, appearing for JNU students, said, “I will ask students to change the nomenclature of the committee.” The bench gave some relief to the vice-chancellor and registrar of JNU by dispensing with their personal appearance before it on the contempt notices issued to them for allegedly not complying with the apex court directives on the students’ union election.
Turning to the incident of S Chandrasekhar College in Puri, the bench perused the report of Utkal University VC and expressed shock that 14 students ransacked the college premises.”Only 14 persons damaged the building of the institution. Can we allow this to happen?" the bench said and was surprised to know that only showcause notices have been issued to them, despite a report by the VC saying that “the building can't be brought to original shapThe SP should take all the accused into custody,he bench said, directing the SP to file a report about the steps taken by the police.
The bench said it will hear in the first week of April next year all matters relating to students’ union elections, including the application filed by 'Youth for Equality' seeking strict enforcement of Lyngdoh Committee recommendation in JNU elections. The recommendations have been opposed by all the other student outfits on the campus.
The students’ committee has contended that the Lyngdoh panel itself had applauded the JNU model of students’union election evolved in 35 years.
Further, the ills pointed out by the Lyngdoh panel did not exist in the JNU elections, the application by the committee claimed.
However, the application filed by ‘Youth for Equality’ through advocate M. L. Lahoty, contended that the Lyngdoh panel recommendations should be uniformly applicable to all universities. While deferring the hearing, the bench said suggestions on the issue could be made before additional solicitor general Gopal Subramanium, who is assisting the court as an amicus curiae in the matter.
Source:- The Tribune 9 December 2008
http://www.tribuneindia.com/2008/20081209/nation.htm#1

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RNRL puts govt on mat in RIL case

Anil Ambani’s Reliance Natural Resources Ltd has added a twist to its contractual violation case against Mukesh Ambani’s Reliance Industries Ltd by questioning the very ground of the Centre’s plea to intervene in the litigation. RNRL has told the Bombay High Court that by government’s own admissions at various forums, the Centre does not have any say in a commerical dispute between two entities.
The Centre wants to become a party to the case with the ‘‘limited’’ objective of getting the court to lift its stay on sale of gas from RIL’s Andhra offshore field. The case concerns sale of gas to RNRL ‘‘committed’’ by RIL from the field. The government had filed papers outlining its role in pricing and marketing of gas to justify its reason for being heard in the case. The essence of RNRL’s reply is that its dispute with RIL does not come under the contract Mukesh Ambani’s firm signed with the government for getting the acreage. RNRL has pointed to views of the government’s advisory body for exploration that said, “The dispute between RIL and RNRL has arisen in the course of sale of RIL’s share of petroleum, which is outside the purview of PSC (production sharing contract.”
In support of its opposition to government being heard in the case, RNRL pointed out that gas committed to it as part of the Reliance empire’s demerger deal was from RIL’s share and not from the government’s share. It pointed to views from the government’s advisory body that said the government had a say over only its share of gas and cannot encroach on the freedom granted to contractor under the PSC with respect to the latter’s share.
Hinting at the government’s double-standards, RNRL said the government has refused to intervene in a separate case concerning gas sales that stateowned generation utility NTPC is fighting with RIL on the ground of it being a ‘‘commercial dispute’’. On March 4, the government had told Parliament, ‘‘...the court case filed by NTPC against RIL is a commercial dispute between the two companies regarding gas supply agreement and the government is not a party to this gas supply agreement’’.
RNRL said Centre had also told Parliament on August 21 that, ‘‘Government is not a party to the agreement, if any, signed between RIL and RNRL. In terms of PSCs signed by the government under NELP regime, the operators have freedom to market gas within India, including UP.’’

Source:-The Times of India Delhi 9 December 2008 P. 20
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HC stays Maya order sacking 23,000 cops

State Govt To File Special Appeal Against Order

In a setback to Uttar Pradesh chief minister Mayawati, Allahabad high court on Monday admitted a bunch of writ petitions and quashed the state government’s order sacking 23,000 constables recruited by the previous Samajwadi Party government.
The court disagreed with the reason given by the Mayawati government for their dismissal that higher marks were awarded in interview to candidates who had secured less marks in physical test and vice-versa, suggesting it was a predetermined exercise.
The court also quashed the orders, passed by various recruitment boards, terminating the appointment of the constables.
The government’s chief standing counsel M C Chaturvedi said a special appeal would be filed against the single-judge order. ‘‘I am studying the judgment and will file the special appeal before a division bench of the Allahabad HC,’’ said Chaturvedi. Justice D P Singh said there was no need of testing the administrative or managerial skills of constables as the candidates were only required to clear ‘‘physical and fitness’’ tests.
Services of the constables were dismissed by three government orders on September 11, 18 and 30, 2007. The court observed: ‘‘The requirement of fairness demanded that the body, which has to inquire or decide on a issue which may affect individual rights, the character of such body should be above board.
Official bias is likely to arise when the person inquiring into a matter has a previous or personal knowledge of the material facts of the case before him by virtue of his dealing with those facts in some other capacity or context.
The possibility of predisposition or prior inclinations hovering over the mind of such a person into the matter, cannot always be ruled out.’’ In fact, the DGP at the time of constituting the Mishra committee appears to have been oblivious of the fact that Shailja Kant Mishra and Mohammad Javed Akhtar were part of the recruitment process.
This fact is apparent from the minutes of the meeting held under the chairmanship of the DGP on July 31, 2007, where it was provided that any officer who was part of the recruitment process in the last three years should not be allowed even to assist the Mishra committee in the inquiry, the judge added.
Thus, it can safely be deduced that the DGP without applying his mind constituted the four-member Mishra committee out of which at least two were part of the recruitment process and asking them to inquire into the process of which they had personal knowledge in their capacity as members of the recruitment process and therefore, it can be said that the composition of the Mishra committee itself was less than fair and vitiated, the judge maintained.
Source:-The Times of India Delhi 9 December 2008 P. 14
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07 December, 2008

Hindu-Christian marriage invalid under Hindu Act: SC

6 Dec. 2008
Marriage between a Hindu and a Christian is invalid under the Hindu Marriage Act, as the Act provides for only Hindu couples to enter into a wedlock, the Supreme Court has ruled.
A Bench of Justices Altamas Kabir and Aftab Alam upheld the judgment of the Andhra Pradesh High Court which nullified a marriage, after the wife, Bandaru Pavani, a Hindu, claimed that her husband, Gullipilli Sowria Raj a Christian, had misled her by pretending to be a Hindu and married her at a temple.
The husband had misinformed about his social status, the wife had complained while seeking divorce.
According to the couple, Raj, a Roman Catholic Christian married Pavani on October 24, 1996, in a temple by way of exchanging of 'Thali' (sacred thread) in the absence of any representative from either side.
Subsequently, the marriage was registered on November 2, 1996 under Section 8 of the Hindu Marriage Act, 1955.
The matrimonial court rejected her plea for divorce saying the marriage was valid under the Hindu Marriage Act 1955, even if one of the parties belonged to any other faith.
However, the High Court upheld her plea and said the marriage was void as the Act postulated marriage only between Hindus, following which the husband filed the SLP in the apex court.
Dismissing the Christian husband's appeal, the apex court said Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled.
Source:- The Times of India

Courts’ staff return to work after HC’s assurance

Work in the five district courts of the Capital started on Saturday after a section of court staff called off their strike. They had launched an agitation on Friday demanding action against a judicial officer whose remarks, they alleged, had forced a clerk posted with a judge in Karkardooma to attempt suicide.
‘‘The staff returned to work following an assurance from the Delhi HC,’’ District and Sessions Courts Employees Welfare Association president, Rakesh Yadav said. ‘‘We were called for a meeting with the Chief Justice of Delhi HC on Friday, where an assurance was given that action will be taken against the MM, following which the strike was called off,’’ Yadav said.
Source:-The Times of India Delhi 7 December 2008 P. 1
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06 December, 2008

Please save me from my wife – A request to police पुलिस वालों, मुझे मेरी बीवी से बचाओ

गाजियाबाद : आधुनिक कहे जाने वाले इस समाज में ऐसी महिलाओं की कमी नहीं है
जो किसी न किसी कारण से अपने पति से परेशान है। मगर ऐसे लोगों की संख्या भी बढ़ती जा रही है, जो अपनी पत्नी से परेशान हैं। कई महिलाएं तो ऐसी है जो अपने पति को मारपीट कर घर से बेघर करने लगी है। ऐसा ही एक मामला साहिबाबाद इलाके में प्रकाश में आया।
एक व्यक्ति ने अपनी पत्नी पर आरोप लगाया कि पहले तो उसे मारपीट कर घर से निकाल दिया, अब वह शांति से अन्य मकान में रह रहा था तो वहां भी उसकी पत्नी आ धमकी। आरोप है कि उसकी पत्नी अन्य युवकों के साथ उसके मकान पर आई और वह घर में रखे हजारों रुपये और मोबाइल ले गई। यहीं नहीं उसने बेटी को भी नहीं बख्शा। उसके कानों के कुंडल भी वह छीनकर चली गई। इस प्रकरण में अभी तक रिपोर्ट दर्ज नहीं हुई है।
सीओ बॉर्डर एसपी सिंह को इस मामले में अमित पाल (बदला हुआ नाम) ने तहरीर दी है। इसमें उसने अपनी पत्नी शांतिदेवी (काल्पनिक नाम) और उसके साथ कई अन्य अज्ञात लोगों की शिकायत की है। उसने बताया कि वह पहले लोनी की गीतांजलि कॉलोनी में अपनी पत्नी के साथ रहता था। वहां किसी बात को लेकर पति पत्नी के संबंध बिगड़ गए। परिवार में एक लड़की है। विवाद के बढ़ने के बाद अमित पाल का आरोप है कि उसकी पत्नी ने मारपीट कर कई महीने पहले उसे घर से निकाल दिया और मकान पर खुद ही कब्जा जमा लिया।
पत्नी की पिटाई के बाद अमित पाल ने घर छोड़ दिया। फिलहाल वह साहिबाबाद इलाके की कॉलोनी गगन विहार में किराए के एक मकान में रहने लगा। वह अपनी बेटी को भी पत्नी के पास से अपने यहां ले आया। उसका आरोप है कि गुरुवार को उसकी पत्नी कई अन्य युवकों के साथ उसके मकान में आ घुसी। उस समय वह मकान से बाहर था। आरोप है कि उसकी पत्नी मकान में रखे सात हजार रुपये और अमित पाल का मोबाइल लेकर चली गई। यहीं नहीं उसने आरोप लगाया कि पत्नी के साथ आए युवकों ने अमित पाल की बेटी के कानों से कंुडल भी छीन लिए और उसके साथ बदसलूकी की। उसने पुलिस से खुद को और अपनी बेटी को बचाने की गुहार लगाई है।

Source:- Navbharat Times 6 December 2008http://navbharattimes.indiatimes.com/articleshow/3798253.cms

HC revokes Roche’s patent :FIRST OF ITS KIND JUDGEMENT

In a first-ever instance of a patent being revoked after being granted, the Madras High Court has set aside pharma major Roche's patent on key drug, valganciclovir on procedural grounds. A patent on valganciclovir was granted to the company in June 2007.
Valganciclovir is a treatment for cytomegalovirus (CMV), a virus that often attacks the retina of people with lower immune systems, such as AIDS patients. In addition, it is crucial for prevention of CMV infection in patients who have received organ transplant.
The court has cited the failure of the Indian patent office to comply with the patent law and remanded the matter back to the Patent Controller. The judgment was delivered on a petition filed by civil society groups — Indian Network for People Living with HIV/AIDS (INP+) and Tamil Nadu Networking People with HIV/AIDS (TNNP+), who had challenged the Indian Patent Offices decision to grant a patent without hearing the pregrant opposition filed by them.
In July 2006, INP+ and TNNP+ had filed a pre-grant opposition before the Chennai Patent Office objecting to the grant of patent to Roche and requested for a hearing. Under the Indian law, if an opponent requests a hearing, the patent office is required to provide the opponent an opportunity to be heard. However, this was not done.
At Roche's maximum retail price of over Rs 1000 per tablet, a patient who has to take a treatment course of approximately four months for CMV retinitis in India would have to pay over Rs 2.5 lakh. This puts the treatment unafforable for those who need them.
The grant of patent to Roche allowed it to continue charging exorbitant prices and also prevented the entry of generic versions of valganciclovir. Hwoever, in May this year, Cipla launched the generic valganciclovir in the domestic market at a price of Rs 245 for a tablet. Under law, a generic producer can challenge the patent by taking the risk of launching a generic version after obtaining marketing approval.
In response, Roche filed an infringement suit against Cipla in the Bombay High Court in September seeking an injunction, which is till pending. The dispute between the companies hinges on ‘‘patentability'' of the drug. The validity of the patent is in question under the country's patent laws that do not allow patents on new forms of old drugs, also known as Section 3(d). Experts pointed out that valganciclovir is a hydrochloride salt of an old drug ‘ganciclovir' and hence not patentable.
The generic producers of the drug, Matrix, Ranbaxy and Cipla have also filed post grant oppositions. While the opportunity to oppose the application is only granted to the patient groups, it is likely that Roche's injunction proceedings against Cipla for launching the generic version will no longer have a legal basis as the patent is now revoked. Whether the Mumbai court will keep the infringement proceedings pending remains to be seen, legal experts say.
Source:-The Times of India Delhi 6 December 2008 P.21
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SC green light to Games Village

The shadow cast on the 2010 Commonwealth Games has moved away. The Supreme Court on Friday, stayed an order of the Delhi High Court, which had virtually stalled construction of the Games Village near the Yamuna river.
In addition to this relief, a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam also stayed further hearing before the HC on a PIL which had challenged the Commonwealth Games Village project on env i ro n m e n t a l grounds.
The Centre had made the Delhi Development Authority (DDA) rush to the SC challenging the HC order as it was seriously concerned about the fate of its sovereign guarantee for holding the 2010 Commonwealth Games in Delhi.
Solicitor general Goolam E Vahanvati launched a scathing attack on the HC judgment right at the beginning of the hearing. He said the judges on the division Bench held diametrically opposite views on the PIL but, as a postscript, agreed to make the village constructions subject to the outcome of the PIL.
He said the site was selected by the NDA government in 2003 adjacent to the Akshardham temple, a Rs 500-crore project which was also challenged in the Supreme Court on identical grounds. SC had dismissed the petitions against the temple project.
He said while the temple was 1.7km away from the river bed, the Games Village was 1.2km away and that the project, being constructed under public-private participation, had all environmental clearances, including that from NEERI. If the HC kept the project subject to the outcome of the PIL, then nobody would come forward to buy the flats in the Games Village making the private partner quit the project, Vahanvati said.
Appearing for the private construction company in charge of the Games Village, senior advocate Arun Jaitley said it had invested Rs 2,000 crore and would be seriously handicapped if the High Court order was not stayed.
Vahanvati said, ‘‘By delivering a judgment after almost eight months of conclusion of the hearing, the judges of the division Bench of the Delhi High Court have in effect created uncertainty and cast a shadow over the forthcoming Commonwealth Games.’’
Source:-The Times of India Delhi 6 December 2008 P.6
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HC refuses to issue order on PIL against VIP security

Even as politicians come under criticism for diverting security personnel for their own protection, Delhi High Court on Wednesday refused to be drawn into the controversy, saying it wasn’t an issue on which courts should issue any directions.
HC was hearing a PIL assailing the tendency of politicians to surround themselves with impenetrable security cover which robs the common man of his right to be protected, as was evident in the Mumbai terror attack last week.
The PIL, which was filed a few years ago, points out that a large number of Delhi police personnel are deputed for security of VIPs and VVIPs, which leaves very few policemen available for policing the capital. However, a division Bench of chief justice AP Shah and justice S Muralidhar said it was not an issue for courts to issue any direction or take a decision.
HC noted that the recent attacks have made internal security a very sensitive issue for the center and state governments and the very concept of the word security had changed, hinting it wouldn’t wish to intervene.
During the hearing, petitioner and lawyer Rajeev Awasthi argued that the latest attack had again highlighted the issue raised in the PIL and sought strict division in the police force for law and order duties and investigation. Awasthi recalled how after every terror strike ministers appear on news channels and call for the need to revamp general security. Though nothing actually translates on the ground.
But this didn’t impress the bench which asked him to stick to prayers made in his petition. HC also asked Awasthi to complile a list of previous orders passed on his PIL by different HC benches and place it before it on the next date of hearing.
In his arguments the lawyer maintained that even though the Ministry had last year drawn up recommendations to make it tougher for one to get VIP security which were yet to be finalized. On its part the central government assured the bench that these recommendations were being given final touches and the home ministry was already revamping the capital’s security.
Source:-The Times of India Delhi 4 December 2008 P.6
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HC sends notices to defaulting politicos

Taking a serious view of the failure of former MPs to pay their telephone and electricity bills, the Delhi High Court on Wednesday issued show-cause notices to the respective political parties. The court also issued notice to the Election Commission seeking its suggestion on means to collect the arrears from the defaulting politicians.
Issuing notices to the Congress, BJP and host of other parties, a division bench of Chief Justice A P Shah and Justice S Muralidhar sought the response by January 14. The court was hearing a PIL alleging that some former MPs vacated their official residences when their tenures got over without paying the electricity, water and telephone dues. The petitioner also alleged that some of them had availed services in ITDC hotels and failed to clear the bills. Earlier, the HC had sought to know from ITDC, NDMC and MTNL how it plans to recover the money from the political parties after the defaulting MPs did not respond to the notices issued by the public bodies for payment of pending dues.
Appearing for the public bodies, a counsel submitted the agencies will have no difficulty in recovering money from sitting MPs but it is a problem in case of those who are no longer in the Parliament and have dues running into lakhs of rupees each.
Arguing on behalf of ITDC, counsel H S Phoolka said that dues of over Rs 8 lakh were pending against 244 former MPs. He said ITDC has initiated execution proceedings against 37 of them.
NDMC’s lawyer informed the court that unpaid bills of MPs added up to Rs five crore while MTNL recounted a figure of Rs six crore. The PIL was filed by NGO Krishak Bharat in 1998.
Source:-The Times of India Delhi 4 December 2008 P.2
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