NEW DELHI: Noted criminal lawyer R K Anand, who was held guilty of attempting to influence the course of justice in the infamous BMW hit-and-run case, has tendered an unconditional apology to the Supreme Court.
Anand tendered his "sincere and unqualified unconditional apology" for all acts imputed to him in the sting operation carried out by a news channel in 2007 and as observed in the Supreme Court judgement.
The reply by the advocate came on the apex court's show cause notice as to why he should not be given more punishment.
Anand pleaded before the court that his punishment should not be enhanced under section 12 of Contempt of Court Act.
The apex court had on July 29, 2009 upheld the conviction and stripping the status off senior advocate of Anand for contempt of court for attempting to influence the course of justice in the hit-and-run case.
A three-judge bench of apex court had asked as to why the quantum of punishment for Anand, who was the defence lawyer in the BMW case, should not be enhanced.
The apex court had held that the sting operation carried out by a news channel showing the defence and prosecution lawyers trying to influence controversial witness Kulkarni as not a typical case of trial by the media but undertaken in public interest.
The Delhi High Court had held guilty two senior advocates-- R K Anand and I U Khan, for obstructing administration of justice and, as a punishment, debarred them from appearing in courts for four months.
However, the apex court had set aside the conviction of Khan from charges of contempt of court.
Tuesday, March 9, 2010
SC slams India's tit-for-tat tactic on Pak prisoners
NEW DELHI: Holding that India lay great store in right to life, the Supreme Court on Monday ordered the government to immediately release 16 Pakistani prisoners who had completed their jail terms despite the Centre's argument that it was waiting for Islamabad to let off a similar number of Indian prisoners.
Commenting adversely on the UPA government's decision to put on hold the release of 16 Pakistanis even though they had completed their prison term in various state jails, a Bench comprising Justices Markandey Katju and R M Lodha said right to life had primacy in a country governed by rule of law and was not dependent on another country's action.
It refused to accept the Centre's stand that exchange of prisoners was a diplomatic process that required cooperation at both ends.
"Under the Constitution, detention even for a second beyond the permitted period of sentence is illegal. Now you (Centre) are putting a condition that until they return a similar number of prisoners we cannot send them back. If Pakistan does not do something right, does that mean we should also follow them," the Bench said.
A petition filed by J&K Panthers Party chief Bhim Singh and advocate B S Billowriya had alleged that over 30 Pakistanis were illegally detained in prisons in Agra, Jodhpur, Naini, Sangrur, Varanasi and Tihar despite completion of their sentences.
The 16 persons ordered to be released on Monday are Mohammad Ajmal, Mehrban Sathi, Mohammad Nawaz, Sajad Ali Jat, Shabir Ahmed, Shahzad Gul, Shahid Mehmood, Qudrat Ullah, Mohammad Farooq Raja, Dawood Ahmed Mughal, Faiz Ali, Mohammad Usman Shiksh, Zarar Baloch, Shahid Latief, Suhail Ahmed Kataria and Sher Khan. They have already been provided travel documents by Pakistan.
Petitioner Bhim Singh also requested the Bench to order expeditious completion of trial of the rest of the Pakistani prisoners even as the Centre informed the court that it had extended consular access to Pakistani high commission officials for establishing the identity of the prisoners.
It invited a strong rebuke from Justice Katju, who said, "It's easy to say complete trial within one year but you must understand our problem. In India there is great shortage of judges. We are performing under great pressure."
Switching to Hindi to drive home the point, Justice Katju said, "Koi jaadu ki chhadi hai hamare paas jo ek saal mein case sune (Do we have a magic wand to dispose of cases in a year)."
The Centre also informed the court that "a consular access programme was being finalised in consultation with the external affairs ministry and the Pakistani high commission to provide consular access to five Pakistani prisoners, including `security and high security' prisoners who have completed their sentence".
These five prisoners are Mohammad Abdullah aka Abu Murad, Mohammad Aslam Mughal aka Zahoor Ahmed, Manzoor Ahmad Sheikh aka Umer, Liaquat Ali Khan aka Mehboob Ali and Abdul Qadeer Khawaja.
Commenting adversely on the UPA government's decision to put on hold the release of 16 Pakistanis even though they had completed their prison term in various state jails, a Bench comprising Justices Markandey Katju and R M Lodha said right to life had primacy in a country governed by rule of law and was not dependent on another country's action.
It refused to accept the Centre's stand that exchange of prisoners was a diplomatic process that required cooperation at both ends.
"Under the Constitution, detention even for a second beyond the permitted period of sentence is illegal. Now you (Centre) are putting a condition that until they return a similar number of prisoners we cannot send them back. If Pakistan does not do something right, does that mean we should also follow them," the Bench said.
A petition filed by J&K Panthers Party chief Bhim Singh and advocate B S Billowriya had alleged that over 30 Pakistanis were illegally detained in prisons in Agra, Jodhpur, Naini, Sangrur, Varanasi and Tihar despite completion of their sentences.
The 16 persons ordered to be released on Monday are Mohammad Ajmal, Mehrban Sathi, Mohammad Nawaz, Sajad Ali Jat, Shabir Ahmed, Shahzad Gul, Shahid Mehmood, Qudrat Ullah, Mohammad Farooq Raja, Dawood Ahmed Mughal, Faiz Ali, Mohammad Usman Shiksh, Zarar Baloch, Shahid Latief, Suhail Ahmed Kataria and Sher Khan. They have already been provided travel documents by Pakistan.
Petitioner Bhim Singh also requested the Bench to order expeditious completion of trial of the rest of the Pakistani prisoners even as the Centre informed the court that it had extended consular access to Pakistani high commission officials for establishing the identity of the prisoners.
It invited a strong rebuke from Justice Katju, who said, "It's easy to say complete trial within one year but you must understand our problem. In India there is great shortage of judges. We are performing under great pressure."
Switching to Hindi to drive home the point, Justice Katju said, "Koi jaadu ki chhadi hai hamare paas jo ek saal mein case sune (Do we have a magic wand to dispose of cases in a year)."
The Centre also informed the court that "a consular access programme was being finalised in consultation with the external affairs ministry and the Pakistani high commission to provide consular access to five Pakistani prisoners, including `security and high security' prisoners who have completed their sentence".
These five prisoners are Mohammad Abdullah aka Abu Murad, Mohammad Aslam Mughal aka Zahoor Ahmed, Manzoor Ahmad Sheikh aka Umer, Liaquat Ali Khan aka Mehboob Ali and Abdul Qadeer Khawaja.
Wednesday, February 3, 2010
India becoming hub of child prostitution: Supreme Court
India is "becoming a hub" for large-scale child prostitution rackets, the Supreme Court of India said today, and suggested the setting up of a special investigating agency to tackle the menace.
A bench of justices Dalveer Bhandari and AK Patnaik asked solicitor general Gopal Subramaniam to examine the idea of setting up a special investigating agency to combat child prostitution rackets, and assured that courts would deny bail to those who engage children in commercial sex.
"It's happening because of abject poverty in the country. This is also because of the very high and large-scale unemployment. All our cultural ethos are going down the drain. India is becoming a hub of such activities," the apex court said while dealing with a petition filed by an NGO, Bachapan Bachao Andolan.
The apex court also wanted to know why government is not invoking section 376 IPC (rape) against those exploiting the children in such prostitution rackets.
"Majority of sex workers are children. Why don't you register 376(IPC) against them? If you do it in 10 cases, they will fall like a pack of cards. Courts will also not
grant bail to them. Unfortunately, we are putting such sex workers to a lot of problem forcing them to face criminal prosecution," the apex court said.
grant bail to them. Unfortunately, we are putting such sex workers to a lot of problem forcing them to face criminal prosecution," the apex court said.
Sunday, January 24, 2010
SUPREME COURT ISSUES IMPORTANT DIRECTIONS REGARDING ROAD VICTIMS
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Tuesday, January 12, 2010
Court restrains BPSC from publishing PT results
News Desk - December 24, 2009
PATNA — The Patna High Court has restrained the Bihar Public Service Commission (BPSC) from publishing the results of Judicial Service Competition Preliminary Test (PT).
The court said that the Commission can conduct the examination according to preset program (December 30) but only after getting permission from the court it can publish the result.
A division bench of Chief Justice Deepak Misra and Justice Shivkirti Singh on Wednesday delivered the judgment after hearing on a petition filed by Dayanand Singh. The applicant through his lawyer Chakrapani challenged the Bihar government’s decision to extend the benefits of reservation in the judicial services to Other Backward Castes (OBCs).
In June this year, the Nitish Kumar government had extended reservation benefits to the backward castes in state judicial services conducted by the BPSC. As per the state government’s decision there will be 49.5% (BC- 27%, SC/ST – 22.5%) reservation in junior and special category posts in the judicial services.
The petitioner argued that a similar attempt was turned down by the Supreme Court which asked the then state government to prepare a detailed guideline and submit the same to the Patna High Court which too rejected the government’s proposals.
The matter will come up for final hearing on January 19. The court has also directed the state government to file counter-affidavit before January 15.
(With inputs from Agencies)
PATNA — The Patna High Court has restrained the Bihar Public Service Commission (BPSC) from publishing the results of Judicial Service Competition Preliminary Test (PT).
The court said that the Commission can conduct the examination according to preset program (December 30) but only after getting permission from the court it can publish the result.
A division bench of Chief Justice Deepak Misra and Justice Shivkirti Singh on Wednesday delivered the judgment after hearing on a petition filed by Dayanand Singh. The applicant through his lawyer Chakrapani challenged the Bihar government’s decision to extend the benefits of reservation in the judicial services to Other Backward Castes (OBCs).
In June this year, the Nitish Kumar government had extended reservation benefits to the backward castes in state judicial services conducted by the BPSC. As per the state government’s decision there will be 49.5% (BC- 27%, SC/ST – 22.5%) reservation in junior and special category posts in the judicial services.
The petitioner argued that a similar attempt was turned down by the Supreme Court which asked the then state government to prepare a detailed guideline and submit the same to the Patna High Court which too rejected the government’s proposals.
The matter will come up for final hearing on January 19. The court has also directed the state government to file counter-affidavit before January 15.
(With inputs from Agencies)
Friday, January 8, 2010
SC shifts 7 cases against Raj Thackeray to a Delhi court
New Delhi: The Supreme Court on Friday transferred to a Delhi court seven cases registered against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray in Bihar and Jharkhand for his alleged hate speeches against north Indians.Cases against Thackeray were registered for his alleged inflammatory speeches from January 2008.
Out of the seven cases, five were registered in Jharkhand and two in Bihar by different individuals.
Thackeray had sought transfer of all the cases to one place.
PTI
Delhi HC issues notice to N D Tiwari on paternity suit
NEW DELHI: The Delhi High Court on Friday issued notice to veteran politician and former Andhra Pradesh Governor N D Tiwari on a paternity suit
filed by a youth claiming to be his biological son.
A Bench headed by Chief Justice A P Shah asked Tiwari to give his response by February 9 on the suit filed by Rohit Shekhar, 30, seeking its direction to declare Tiwari is his biological father.
Shekhar filed an appeal before a Division Bench challenging a single-bench order which had dismissed his petition on the ground that it was not maintainable.
Justice S N Dhingra had on November 3 last said the suit filed by Shekhar is not maintainable and allowed the plea of 84-year-old Tiwari who had sought dismissal of the petition.
The Court had said that it did not have the territorial jurisdiction to hear the case as Tiwari, then Andhra Pradesh Governor, was in Hyderabad and a suit against him could be filed only in that city.
The appeal comes within days of Tiwari resigning as Governor in the wake of a sex scandal with a news channel purportedly showing him in a compromising position with three women. Tiwari has dismissed the allegation as "baseless".
A law graduate, Shekhar, 30, filed the suit claiming he was born out of an intimate relationship between his mother Ujjwala Sharma and Tiwari, a charge denied by the latter.
Tiwari was earlier directed by the court in November 2008 to file his reply in which he had refuted all the allegations and submitted that the suit was filed to malign him.
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A Bench headed by Chief Justice A P Shah asked Tiwari to give his response by February 9 on the suit filed by Rohit Shekhar, 30, seeking its direction to declare Tiwari is his biological father.
Shekhar filed an appeal before a Division Bench challenging a single-bench order which had dismissed his petition on the ground that it was not maintainable.
Justice S N Dhingra had on November 3 last said the suit filed by Shekhar is not maintainable and allowed the plea of 84-year-old Tiwari who had sought dismissal of the petition.
The Court had said that it did not have the territorial jurisdiction to hear the case as Tiwari, then Andhra Pradesh Governor, was in Hyderabad and a suit against him could be filed only in that city.
The appeal comes within days of Tiwari resigning as Governor in the wake of a sex scandal with a news channel purportedly showing him in a compromising position with three women. Tiwari has dismissed the allegation as "baseless".
A law graduate, Shekhar, 30, filed the suit claiming he was born out of an intimate relationship between his mother Ujjwala Sharma and Tiwari, a charge denied by the latter.
Tiwari was earlier directed by the court in November 2008 to file his reply in which he had refuted all the allegations and submitted that the suit was filed to malign him.
Tuesday, December 15, 2009
Can we legalize prostitution?, Supreme Court
The honourable Supreme Court of the country in a striking remark while hearing a public interest litigation yesterday (Wednesday) had asked the Government of India whether it is possible to legalize world’s oldest profession prostitution, if the profession considered as shameless is feasibly beyond control.
A bench comprising Justice Dalveer Bhandari and AK Patnaik gave above mentioned dramatics remarks when they were hearing a public interest litigation lodged by country’s leading N.G.O Bachpan Bachao Aandolan and a similar PIL lodged by Childline, the PIL had brought a sensitive cause in front of the honourable court . In its application the NGOs have raised the issue of massive child trafficking and its implications on socio-economic development of the children and in turn society and country as a whole.
A bench comprising Justice Dalveer Bhandari and AK Patnaik gave above mentioned dramatics remarks when they were hearing a public interest litigation lodged by country’s leading N.G.O Bachpan Bachao Aandolan and a similar PIL lodged by Childline, the PIL had brought a sensitive cause in front of the honourable court . In its application the NGOs have raised the issue of massive child trafficking and its implications on socio-economic development of the children and in turn society and country as a whole.
The bench vigilantly heard arguments from both the party and opined “They (sex trade) have been operating in one way or the other and nowhere in the world have they been able to curb it by legislation. In some cases, they are carried out in a sophisticated manner. So why don't you legalise it?" Appearing for the government Solicitor General expressed that he will thoroughly work on the issue and discuss it with the various government agencies, before filling government’s opinion and reply on the controversial issue.
The bench also touched various other issues liable for child trafficking and prostitution, it was of the opinion that poverty is one of the significant causes that forces people into this trade, children are trafficked from poverty ridden areas and most of them end up becoming bonded labour and prostitutes. The bench also vehemently rapped the government for failing to check poverty, the two justices said "We are talking about growing GDP. I do not know what is the development we are all talking about when the number of BPL families is at 37 per cent which has increased from 30 per cent. Growth of GDP does not mean some four or five families have developed. If this is the state of development, we can't help it."
The bench also touched various other issues liable for child trafficking and prostitution, it was of the opinion that poverty is one of the significant causes that forces people into this trade, children are trafficked from poverty ridden areas and most of them end up becoming bonded labour and prostitutes. The bench also vehemently rapped the government for failing to check poverty, the two justices said "We are talking about growing GDP. I do not know what is the development we are all talking about when the number of BPL families is at 37 per cent which has increased from 30 per cent. Growth of GDP does not mean some four or five families have developed. If this is the state of development, we can't help it."
Given the manner in which this derogatory trade prostitution is carried out across the country, government should legalize it, as penalizing people have not helped in curbing sex trade in any part of the country. Reasons are obvious, urge for sex is natural, migrant workers and others willing to have sex often visit prostitutes and call girls, that’s why the trade is flourishing but declining. Legalizing it will also help in designing comprehensive strategy to combat AIDS/HIV and proper rehabilitation of people engaged in the trade.
Apart from red light area (known prostitution area) the trade is also carried out in camouflage manner, fake massage and escort service centres in metro cities carry out it in a very planned and sophisticated style, they run their business like corporate companies.
Now the next hearing of the issue will take place on January 5, then only we will know whether government favours legalising prostitution or not.
Now the next hearing of the issue will take place on January 5, then only we will know whether government favours legalising prostitution or not.
Sunday, December 13, 2009
Poaching threat over Chilika
BERHAMPUR: Orissa's famed blue lagoon, the Chilika Lake, which becomes home to hundreds of migratory birds in winter, is failing to curb poaching
despite a strong security net.
Wildlife officials registered four cases and arrested two persons allegedly for poaching recently. The lake hosts over four lakh migratory birds during winter. The latest incident of poaching was reported from Sorana on Friday night. Forest officials and police seized 16 different birds, one pintail and 15 Indian moorhens, from a person.
"The poacher, identified as Anwar Khan, was caught red handed by the staff when he was returning to his village after poaching in Chilika," said divisional forest officer B P Acharya. Khan was identified as a habitual bird poacher and was arrested by wildlife officials.
Although wildlife and police officials have seized 15 different birds from poachers on three occasions, only one person was arrested. The other three, however, have managed to escape, the DFO said.
"While poaching was reported from Sorana and Kalupadaghata, no poaching was reported from the Nalabana Bird Sanctuary, where most migratory waterfowls congregate," he said.
Wildlife authorities have set up 21 camps, including two mobile camps, to guard the avian guests. "Several local youths have also engaged to protect the birds," the DFO said.
The birds concentrate in the 1,150 sq km Chilika Lake, mainly in Bhusandapur, Sorana and Mangalajodi areas. Flocks of migratory birds arrive from the Caspian Sea, Lake Baikal, remote parts of Russia, central and south East Asia, Ladakh and the Himalayas for feeding and roosting. The lake is recognized as the wintering zone for the largest congregation of waterfowls in the country. They start arriving in mid-October and roost here till the first week of March. But the peak congregation period is between mid-December and mid-January.
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Wildlife officials registered four cases and arrested two persons allegedly for poaching recently. The lake hosts over four lakh migratory birds during winter. The latest incident of poaching was reported from Sorana on Friday night. Forest officials and police seized 16 different birds, one pintail and 15 Indian moorhens, from a person.
"The poacher, identified as Anwar Khan, was caught red handed by the staff when he was returning to his village after poaching in Chilika," said divisional forest officer B P Acharya. Khan was identified as a habitual bird poacher and was arrested by wildlife officials.
Although wildlife and police officials have seized 15 different birds from poachers on three occasions, only one person was arrested. The other three, however, have managed to escape, the DFO said.
"While poaching was reported from Sorana and Kalupadaghata, no poaching was reported from the Nalabana Bird Sanctuary, where most migratory waterfowls congregate," he said.
Wildlife authorities have set up 21 camps, including two mobile camps, to guard the avian guests. "Several local youths have also engaged to protect the birds," the DFO said.
The birds concentrate in the 1,150 sq km Chilika Lake, mainly in Bhusandapur, Sorana and Mangalajodi areas. Flocks of migratory birds arrive from the Caspian Sea, Lake Baikal, remote parts of Russia, central and south East Asia, Ladakh and the Himalayas for feeding and roosting. The lake is recognized as the wintering zone for the largest congregation of waterfowls in the country. They start arriving in mid-October and roost here till the first week of March. But the peak congregation period is between mid-December and mid-January.
Saturday, December 12, 2009
Stop construction activity on Alibaug beach: HC Bombay
Mumbai:-The Bombay High Court in a recent interim order to the state revenue department and the collector of Raigad, has asked them to put a stop to encroachments on a beach at Nandgaon, Alibaug.
The PIL informed about “the construction of an illegal road which, it appears, is about to be built on the beach itself; and for largescale illegal sand mining.” It stated that both the activities violated the CRZ notification of 1991.
Responding to a Public Interest Litigation (PIL) filed by the Bombay Environmental Action Group (BEAG), the court took immediate cognizance of violation of Coastal Regulation Zone (CRZ) norms on the beach.
The PIL had sought the court’s direction to the state as well as the Union Government to “protect the beach and shoreline at Nandgaon”. BEAG named the state environment and revenue department, the collector of Raigad, tahsildar of Murud, the sub-divisional officer of Alibaug, the Union Ministry of Environment and Forest and the Maharashtra Coastal Management Authority as respondents.
In its order, the court upheld the ‘polluter pays’ principle in environmental law. The principle states that the party carrying on a polluting or environmentally non-benign activity must pay for the damage done to the environment. While BEAG is unaware as to who were behind the activities leading to the flouting of norms, the court has given the state and the Raigad collector the responsibility of preventing the activity and taking action against those responsible.
The PIL informed about “the construction of an illegal road which, it appears, is about to be built on the beach itself; and for largescale illegal sand mining.” It stated that both the activities violated the CRZ notification of 1991.
The petition also pointed out that Alibaug falls within the CRZ III and the construction on the beach was in a CRZ area, between the high tide line (HTL) and the low tide line (LTL).
“Recently we visited the site and took photographs of construction of a road there. The work is clearly illegal,” stated Dr Sayed Nudrat Zawar, a senior conservation officer of the Conservation Action Trust, an offshoot of BEAG.
CRZ notification classifies coastal areas: The CRZ-I areas are (i) those that are ecologically sensitive and (ii) the area between the HTL and the LTL.
CRZ-III areas are those that are relatively undisturbed and those which do not belong to either Category-I or II (the latter being already developed areas). CRZ III areas include coastal zones in rural areas (developed and undeveloped) and areas within municipal limits or in other legally designated urban areas which are not substantially built up.
What is CRZ ?
The Coastal Regulation Zone (CRZ) notification, issued by the Ministry of Environment & Forests on February 19, 1991, under the provisions of the Environment Protection Act seeks to protect the ecology and environment of India’s coastline. It states that the area (i) within 500 metres of the High Tide Line (HTL), and (ii) the area between the HTL and the Low Tide Line (LTL) is a Coastal Regulation Zone. Restrictions are imposed on development activities in CRZ. The HTL is the line to which the highest of the spring or neap tides, reach.
Cops hunt for City Limo boss as court rejects anticipatory bail
C Unnikrishnan, TNN 14 November 2009, 02:11am IST
MUMBAI: The city police have launched a hunt for City Limouzines chairman S M Masood after the sessions court rejected his anticipatory bail
on Friday.
More than 200 investors had gathered at the court from the morning to hear the verdict. Sessions judge N D Dhote pushed it back twice, and finally pronounced a one-line order saying Masood's anticipatory bail was rejected. There are three FIRs against him in Mumbai.
City Limouzines and its sister concern City Realcom have been accused of defaulting on interest payments to thousands of investors nationwide. "We've been trying to locate Masood. We checked several places where he might be hiding," a senior police officer said.
Masood's lawyers had argued that it was a civil dispute, but the police contended that it was a case of cheating and said several investors had been duped by the company.
The court order is a major setback for Masood, who has been filing numerous petitions in several courts for relief. He has filed six transfer petitions in the Supreme Court, for which the apex court has asked the state to file its reply.
The police have also initiated a separate investigation into group company City Realcom's agreement with some landowners where a plot of the land was shown to investors as belonging to them.
City Realcom had floated a scheme promising investors 20 square feet of land at the end of the maturity period. "The investigations are at a preliminary stage, and we are still in the process of verifying the documents,'' a police officer said.
MUMBAI: The city police have launched a hunt for City Limouzines chairman S M Masood after the sessions court rejected his anticipatory bail
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More than 200 investors had gathered at the court from the morning to hear the verdict. Sessions judge N D Dhote pushed it back twice, and finally pronounced a one-line order saying Masood's anticipatory bail was rejected. There are three FIRs against him in Mumbai.
City Limouzines and its sister concern City Realcom have been accused of defaulting on interest payments to thousands of investors nationwide. "We've been trying to locate Masood. We checked several places where he might be hiding," a senior police officer said.
Masood's lawyers had argued that it was a civil dispute, but the police contended that it was a case of cheating and said several investors had been duped by the company.
The court order is a major setback for Masood, who has been filing numerous petitions in several courts for relief. He has filed six transfer petitions in the Supreme Court, for which the apex court has asked the state to file its reply.
The police have also initiated a separate investigation into group company City Realcom's agreement with some landowners where a plot of the land was shown to investors as belonging to them.
City Realcom had floated a scheme promising investors 20 square feet of land at the end of the maturity period. "The investigations are at a preliminary stage, and we are still in the process of verifying the documents,'' a police officer said.
Sunday, December 6, 2009
Minister seeks more transparency in environmental clearances
New Delhi, June 26 (IANS) Environmental clearance procedures would be made more “transparent and businesslike” to avoid any conflict of interest and to ensure a stipulated period for the process, Minister of State for Environment and Forests Jairam Ramesh said Friday.
“There has been criticism that the process (of environmental clearances) lacked transparency… lot of civil society organisations have commented that the people who headed some expert committees - that do appraisal of clearances - had conflict of interest. We have taken the first step today,” Ramesh told media persons at the Paryavaran Bhawan.
The first step was accepting the resignation of former bureaucrat P. Abraham, who was the chairman of the expert appraisal committee for river valley and hydroelectric projects - one of seven such committees in the ministry. Abraham had also been on the board of many power companies with interest in hydro-power and was charged with misusing his position.
In addition, the minister said four conditions - an annual environmental statement required under the Environment (Protection) Rules 1986, a copy of the clearance letter, the status of compliance of the stipulated environmental clearance conditions including results of monitored data, and a six-monthly report on the status of compliance - all be made public by the party undertaking the project.
Ramesh said this needed to be done to ensure a “more transparent, business-like clearance procedure within set time periods” and prescribed a period of 150 days for forest clearance and 210 days for environmental clearance.
The minister also said that the number of pending cases which were 700 when he took charge had been brought down to 250. “All cases will be put up on our website for public scrutiny by June 30,” he said.
Noting the ministry had an “unnaturally high rate of acceptance” for clearances, he said: “The rate is 98 percent - this needs to be changed to a healthy rate of rejection.” Several cases that had been rejected recently dealt with forests and mining in hilly states, he said.
Ramesh also criticised the tendency of project promoters, both in the public and private sector, to lay the foundation stones even before being granted the clearances from his ministry.
“This tendency to treat clearances as a mere formality cannot be accepted - legally I cannot do much, but I can sit on the file by administrative right,” he said.
“There has been criticism that the process (of environmental clearances) lacked transparency… lot of civil society organisations have commented that the people who headed some expert committees - that do appraisal of clearances - had conflict of interest. We have taken the first step today,” Ramesh told media persons at the Paryavaran Bhawan.
The first step was accepting the resignation of former bureaucrat P. Abraham, who was the chairman of the expert appraisal committee for river valley and hydroelectric projects - one of seven such committees in the ministry. Abraham had also been on the board of many power companies with interest in hydro-power and was charged with misusing his position.
In addition, the minister said four conditions - an annual environmental statement required under the Environment (Protection) Rules 1986, a copy of the clearance letter, the status of compliance of the stipulated environmental clearance conditions including results of monitored data, and a six-monthly report on the status of compliance - all be made public by the party undertaking the project.
Ramesh said this needed to be done to ensure a “more transparent, business-like clearance procedure within set time periods” and prescribed a period of 150 days for forest clearance and 210 days for environmental clearance.
The minister also said that the number of pending cases which were 700 when he took charge had been brought down to 250. “All cases will be put up on our website for public scrutiny by June 30,” he said.
Noting the ministry had an “unnaturally high rate of acceptance” for clearances, he said: “The rate is 98 percent - this needs to be changed to a healthy rate of rejection.” Several cases that had been rejected recently dealt with forests and mining in hilly states, he said.
Ramesh also criticised the tendency of project promoters, both in the public and private sector, to lay the foundation stones even before being granted the clearances from his ministry.
“This tendency to treat clearances as a mere formality cannot be accepted - legally I cannot do much, but I can sit on the file by administrative right,” he said.
SC seeks details of environmental clearances for Ghazipur abattoir
NEW DELHI
: The Municipal Corporation of Delhi (MCD) on Wednesday made a spirited presentation bringing out the stark contrast between the
facilities at the Rs 130 crore Ghazipur abattoir and the now-closed Idgah slaughter house, but the Supreme Court sought to know details of environmental clearances for the project.
When Central Pollution Control Board (CPCB) counsel Vijay Panjwani alleged that the project had breached statutory requirements under environmental laws, MCD counsel Sanjiv Sen questioned the CPCB's locus standi saying the central body had nothing to do with the project, which had got all clearances under environmental law from Delhi Pollution Control Committee (DPCC).
Refusing to buy the argument that CPCB had no role to play, especially when the apex court had been seeking its assistance in the matter since 1996, a Bench comprising Justices V S Sirpurkar, Cyriac Joseph and Deepak Verma asked MCD to file all relevant environmental clearances obtained from DPCC in two weeks and adjourned the hearing.
The meat traders association and several other groups, which are on strike refusing to shift to the "ill-equipped" Ghazipur abattoir, also relied on the CPCB's environmental objections, primary among which is the location of a huge sanitary landfill next to the modern slaughter house.
They also said absence of a proper approach road could result in the vehicles transporting animals whipping up dust clouds and the unhygienic location of the abattoir would defeat the purpose of the project -- supply of hygienic meat to Delhiites.
The SC asked MCD to submit its response to the allegations within two weeks but clarified that slaughtering would not return to Idgah. "Those on strike are free to join slaughtering activity at Ghazipur," it said, and asked MCD to list what steps it had taken to make provisions for animal trading at the new abattoir.
: The Municipal Corporation of Delhi (MCD) on Wednesday made a spirited presentation bringing out the stark contrast between the
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When Central Pollution Control Board (CPCB) counsel Vijay Panjwani alleged that the project had breached statutory requirements under environmental laws, MCD counsel Sanjiv Sen questioned the CPCB's locus standi saying the central body had nothing to do with the project, which had got all clearances under environmental law from Delhi Pollution Control Committee (DPCC).
Refusing to buy the argument that CPCB had no role to play, especially when the apex court had been seeking its assistance in the matter since 1996, a Bench comprising Justices V S Sirpurkar, Cyriac Joseph and Deepak Verma asked MCD to file all relevant environmental clearances obtained from DPCC in two weeks and adjourned the hearing.
The meat traders association and several other groups, which are on strike refusing to shift to the "ill-equipped" Ghazipur abattoir, also relied on the CPCB's environmental objections, primary among which is the location of a huge sanitary landfill next to the modern slaughter house.
They also said absence of a proper approach road could result in the vehicles transporting animals whipping up dust clouds and the unhygienic location of the abattoir would defeat the purpose of the project -- supply of hygienic meat to Delhiites.
The SC asked MCD to submit its response to the allegations within two weeks but clarified that slaughtering would not return to Idgah. "Those on strike are free to join slaughtering activity at Ghazipur," it said, and asked MCD to list what steps it had taken to make provisions for animal trading at the new abattoir.
Environmental clearances to 6 mines in Andhra suspended
Hyderabad / New Delhi: The Union government on Monday suspended forest clearances to six iron ore mines in Andhra Pradesh, including those owned by Karnataka tourism minister Gali Janardhana Reddy.
The environment ministry has also advised the Andhra Pradesh government to ban mining in the state.
The move comes three days after the state government suspended mining operations at the six mines in Anantapur district, pending orders from the Supreme Court on the report of its central empowered committee. Reddy challenged the decision in the Andhra Pradesh high court, questioning the authority of the state government in suspending the mining operations.
OMC is owned by Reddy, a member of the Karnataka unit of the Bharatiya Janata Party (BJP), the main opposition at the Centre.
Reddy is known to be close to the family of Y.S. Rajasekhara Reddy, known popularly as YSR, a Congress leader and the former chief minister of Andhra Pradesh who died in a helicopter crash in September. The Karnataka tourism minister had played a key role in a recent rebellion against the BJP government in Karnataka headed by B.S. Yaddyurappa.
Opposition parties in Andhra Pradesh, led by Telugu Desam Party (TDP) president N. Chandrababu Naidu, have raised cries of mining irregularities by OMC and sought the support of national parties on the issue.
“We are estimating the size of the illegal mining to be at least Rs10,000 crore over the last few years and we suspect the role of family members of YSR in extending support to the mining irregularities of OMC,” Naidu had told reporters on 19 November.
Naidu demanded that the Union government order a multidisciplinary probe into the allegations against OMC, including possible encroachments into neighbouring mines, destruction of boundaries between various mines as well as the boundaries of Andhra Pradesh and Karnataka, violation of foreign exchange regulations, and money laundering.
Calls to OMC’s spokesperson on Monday evening remained unanswered. He did not reply to text messages sent to his mobile phone.
At a press briefing in Hyderabad on 13 November, Janardhana Reddy had denied the allegations against his company. He said he was being targeted by Naidu and other political leaders because of his close association with YSR’s family.
“There is a strong nexus between the industrial houses, politicians and government officials behind the irregularities in key areas such as merchant power projects, allotment of mineral resources and special economic zones,” said E.A.S. Sarma, a former secretary in the department of economic affairs and now convener of a citizens body, Forum for Better Visakha.
The environment ministry has also advised the Andhra Pradesh government to ban mining in the state.
The move comes three days after the state government suspended mining operations at the six mines in Anantapur district, pending orders from the Supreme Court on the report of its central empowered committee. Reddy challenged the decision in the Andhra Pradesh high court, questioning the authority of the state government in suspending the mining operations.
Leading the charge: (from right) TDP’s Naidu addresses a conference on Andhra Pradesh mining issues in New Delhi on Sunday as CPI general secretary A.B. Bardhan and CPM leader Brinda Karat look on. Vijay Verma / PTI
The committee, which looks into matters of forest clearances, had in a report submitted on 19 November advised that mining in the state be suspended till the mining areas were demarcated. It also recommended that transportation of already excavated ore be suspended.In its letter to the Andhra Pradesh government, the Congress party-led Union government said it had suspended clearances to Bellary Iron Ores Pvt. Ltd, Obulapuram Mining Co. Pvt. Ltd (OMC) and four mines adjacent to them under the Forest Conservation Act. OMC is owned by Reddy, a member of the Karnataka unit of the Bharatiya Janata Party (BJP), the main opposition at the Centre.
Reddy is known to be close to the family of Y.S. Rajasekhara Reddy, known popularly as YSR, a Congress leader and the former chief minister of Andhra Pradesh who died in a helicopter crash in September. The Karnataka tourism minister had played a key role in a recent rebellion against the BJP government in Karnataka headed by B.S. Yaddyurappa.
Opposition parties in Andhra Pradesh, led by Telugu Desam Party (TDP) president N. Chandrababu Naidu, have raised cries of mining irregularities by OMC and sought the support of national parties on the issue.
“We are estimating the size of the illegal mining to be at least Rs10,000 crore over the last few years and we suspect the role of family members of YSR in extending support to the mining irregularities of OMC,” Naidu had told reporters on 19 November.
Naidu demanded that the Union government order a multidisciplinary probe into the allegations against OMC, including possible encroachments into neighbouring mines, destruction of boundaries between various mines as well as the boundaries of Andhra Pradesh and Karnataka, violation of foreign exchange regulations, and money laundering.
Calls to OMC’s spokesperson on Monday evening remained unanswered. He did not reply to text messages sent to his mobile phone.
At a press briefing in Hyderabad on 13 November, Janardhana Reddy had denied the allegations against his company. He said he was being targeted by Naidu and other political leaders because of his close association with YSR’s family.
“There is a strong nexus between the industrial houses, politicians and government officials behind the irregularities in key areas such as merchant power projects, allotment of mineral resources and special economic zones,” said E.A.S. Sarma, a former secretary in the department of economic affairs and now convener of a citizens body, Forum for Better Visakha.
Saturday, November 28, 2009
3 years in jail for leaking CAT exam details
MUMBAI: Just in case you’re an MBA aspirant who’s planning to disclose any details of the CAT exam — which will be conducted over a period of 10
days starting Saturday — here’s a word of caution. The IIMs have put out a disclaimer on their website warning that such action could result in imprisonment for up to three years or a fine of Rs 2 lakh as it violates a number of laws including the Copyright Act.
While this is common knowledge and was applicable for the earlier CAT exams too, this is possibly the first time that the rule has been put out in writing. Candidates appearing for CAT will have to consent to a Non-Disclosure Agreement at the time of the test.
According to the disclaimer, ‘‘Disclosing, publishing, reproducing, transmitting, storing, or facilitating transmission and storage of the contents of the CAT or any information therein in whole or part thereof in any form or by any means, verbal or written, electronically or mechanically for any purpose, shall be in violation of the Indian Contract Act, 1872 and/or the Copyright Act, 1957 and/or the Information Technology Act.’’
While coaching classes have routinely put out details of the CAT paper online and have analysed the paper in detail on their websites, this time round, many say they are doing a rethink.
‘‘We’ve consulted our lawyers over the matter, and they say we could invite a penalty if we disclose any details about the paper,’’ said a coaching class head.
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While this is common knowledge and was applicable for the earlier CAT exams too, this is possibly the first time that the rule has been put out in writing. Candidates appearing for CAT will have to consent to a Non-Disclosure Agreement at the time of the test.
According to the disclaimer, ‘‘Disclosing, publishing, reproducing, transmitting, storing, or facilitating transmission and storage of the contents of the CAT or any information therein in whole or part thereof in any form or by any means, verbal or written, electronically or mechanically for any purpose, shall be in violation of the Indian Contract Act, 1872 and/or the Copyright Act, 1957 and/or the Information Technology Act.’’
While coaching classes have routinely put out details of the CAT paper online and have analysed the paper in detail on their websites, this time round, many say they are doing a rethink.
‘‘We’ve consulted our lawyers over the matter, and they say we could invite a penalty if we disclose any details about the paper,’’ said a coaching class head.
Wednesday, November 18, 2009
SC tells runaway mom, child to return to US
NEW DELHI: Ending a cross-continental tug-of-war between an estranged NRI couple involving their only child, the Supreme Court on Tuesday ordered
that Vijayshree Voora return to the US with her seven-year-old son Adithya and husband V Ravi Chandran and submit to the jurisdiction of the American court.
The apex court's verdict puts paid to the efforts of Vijayshree who fled to India with Adithya soon after the US court order in 2007 for joint custody of the child in the divorce dispute. For months, she kept shifting places to dodge the police.
The SC directed the mother to go back to US, submit herself to the local court's jurisdiction and, if she so wishes, initiate proceedings seeking changes in the order asking her to share Adithya's custody with Ravi Chandran.
While the case spotlighted the emotional trauma that ugly divorces and separations inflict on children, the judgment of the Bench comprising Justices Tarun Chatterjee, R M Lodha and B S Chauhan is significant in that it rejected the mother's argument that Indian courts were not obligated to enforce orders of American courts that were inconsistent with local laws.
This judgment is pathbreaking also in the sense that it comes despite an ugly incident three years ago when a US family court had refused to accede to an order of the Supreme Court of India for production of two minors, the grandchildren of the son of former actor-politician N T Rama Rao.
Vijayshree's allegation through senior advocate T L V Iyer that the father used to ill-treat the child, hamper his education and abuse him were termed as "hollow" by the Bench which found that all custody orders by US courts were granted on consent of both parties -- the father and mother.
What also went against the mother was the manner in which she changed her place of stay frequently to avoid detection by police after the SC issued notice to the states on a habeas corpus petition filed by the father. Finally, it had to seek the help of CBI to trace her and the child.
Agreeing with Ravi Chandran's counsel Pinky Anand, the Bench asked her to comply with the US court order of June 18, 2007, granting joint custody of the child to the estranged couple, but directed the father to move the courts there to suspend the arrest warrants issued against her.
The court also asked the father to bear the travel expenses of the mother and child to US and pay for their stay there till further orders of the US family court. "The father of the child will not pursue any criminal charge for violation of orders of US court passed on mutual consent," the Bench said.
After passing the order, Justice Lodha, writing the judgment for the Bench, warned that if the mother failed to take the child on her own to US within 15 days, the child's custody would be restored to the father along with the minor's passport to be taken to US, where local courts would initiate further proceedings.
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The apex court's verdict puts paid to the efforts of Vijayshree who fled to India with Adithya soon after the US court order in 2007 for joint custody of the child in the divorce dispute. For months, she kept shifting places to dodge the police.
The SC directed the mother to go back to US, submit herself to the local court's jurisdiction and, if she so wishes, initiate proceedings seeking changes in the order asking her to share Adithya's custody with Ravi Chandran.
While the case spotlighted the emotional trauma that ugly divorces and separations inflict on children, the judgment of the Bench comprising Justices Tarun Chatterjee, R M Lodha and B S Chauhan is significant in that it rejected the mother's argument that Indian courts were not obligated to enforce orders of American courts that were inconsistent with local laws.
This judgment is pathbreaking also in the sense that it comes despite an ugly incident three years ago when a US family court had refused to accede to an order of the Supreme Court of India for production of two minors, the grandchildren of the son of former actor-politician N T Rama Rao.
Vijayshree's allegation through senior advocate T L V Iyer that the father used to ill-treat the child, hamper his education and abuse him were termed as "hollow" by the Bench which found that all custody orders by US courts were granted on consent of both parties -- the father and mother.
What also went against the mother was the manner in which she changed her place of stay frequently to avoid detection by police after the SC issued notice to the states on a habeas corpus petition filed by the father. Finally, it had to seek the help of CBI to trace her and the child.
Agreeing with Ravi Chandran's counsel Pinky Anand, the Bench asked her to comply with the US court order of June 18, 2007, granting joint custody of the child to the estranged couple, but directed the father to move the courts there to suspend the arrest warrants issued against her.
The court also asked the father to bear the travel expenses of the mother and child to US and pay for their stay there till further orders of the US family court. "The father of the child will not pursue any criminal charge for violation of orders of US court passed on mutual consent," the Bench said.
After passing the order, Justice Lodha, writing the judgment for the Bench, warned that if the mother failed to take the child on her own to US within 15 days, the child's custody would be restored to the father along with the minor's passport to be taken to US, where local courts would initiate further proceedings.
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