Tuesday, September 30, 2008
Supreme Court stays trial in Sohrabuddin fake encounter case
Monday, September 29, 2008
SC refuses to stay ban on smoking
Thursday, September 25, 2008
CJI defends judges appointment procedure
The Chief Justice of India Justice K G Balakrishnan has strongly defended the appointment procedure of Judges. A day after law minister severely criticized the appointment procedure of the judges by the collegiums, Justice Balakrishnan said that they are following the procedure set by Judgment of the apex court.
The Chief Justice said that he will follow the procedure set by the Supreme Court judgment unless law is amended by the parliament. Justice Balakrishnan also went on saying that in the present system too, the chief minister can be consulted but this is subject to satisfaction of the chief justice of the particular high court.
The Chief Justice however refrained from giving his personal views on the collegiums system in which judges are appointed after the recommendation from the High court and a final decision is taken by three senior most judges in the Supreme Court. Law Minister H R Bharadwaj has said on Wednesday that collegiums system of appointment of judges has failed completely.
Tuesday, September 23, 2008
No relief for Utsav Bhasin for now
SC hands over UP provident fund scam probe to CBI
Monday, September 22, 2008
Decs clear for CBI inquiry in to Ghaziabad Court P F Scam
The Supreme Court on Tuesday will be hearing a petition asking for CBI inquiry into the Ghaziabad Court P F Scam. It has not become almost certain that the CBI inquiry would be ordered in the scam as the Uttar Pradesh government has already recommended for the CBI inquiry into the whole scam. The court during the last hearing had asked the state government if they were open to the idea of CBI probe in the case.
During the last hearing, the court also lashed out the state government for not bringing to the court's knowledge, the letters written by SSP, Ghaziabad to DGP of the state. The SSP had written to the DGP saying "it was impossible for the local police to investigate the matter freely". A bench headed by Justices Arijit Pasayat is hearing a petition filed by Nahar Singh Yadav asking for CBI inquiry into the whole scam.
The Chief Justice of India Justice K G Balakrishnan and Justice B N Agrawal have already recused themselves from hearing the case. The petition alleged that 34 members of judiciary, including an apex court judge, seven Allahabad High Court judge, six retired High Court judge and 12 judges from subordinate judiciary in the state, were beneficiary of crores of rupees allegedly withdrawn from the provident fund account of third and fourth-grade employees in Ghaziabad region between 2001 and 2008.
Relief to condom manufacturers
The Supreme Court on Monday stayed the Madras High Court order which banned the use of explicit pictures on Condom wrappers or advertisements. A two judge bench headed by Chief Justice K G Balakrishnan also issued notice to Centre, Tamilnadu Government on a petition filed by Hindustan Latex Ltd., which challenged the High Court order. The Madurai bench of Madras High Court had directed the Advertising Standard Council of India to make sure that advertisements on the packets of condoms are not contrary to constitutional norms preserving India’s rich cultural heritage.
SC notice on R K Anand's plea
The Supreme Court on Monday issued notice to Registrar General of Delhi High court on a petition filed by Senior Advocates R K Anand and I U Khan. Both the lawyers were banned by Delhi High Court from practicing for a period of four months.
A two judge bench headed by Justice B N Agrawal while admitting the appeal, issued notice to examine the issue whether a court can debar an advocate from practice which comes under the exclusive domain of Bar Council of India. Both the advocates were found guilty of contempt who were trying to manipulate Sunil Kulkarni, an eye witness in BMW hit and run case in which Sanjeev Nanda was the prime accused.
While arguing for R K Anand, Senior Advocate R K Dhavan contended before the apex court that they have not been given proper opportunity to fight their case. He also said that the Delhi High Court acted in excess of its jurisdiction and the two advocates have suffered ignominy in the eyes of public.
“This is an inherent case of excessive jurisdiction”, said R K Dhavan before the two judge bench. Dhavan tried to put through the case by raising technical questions of law as the apex court was not inclined to stay the order of the High Court. “The Delhi High Court has been very lenient on you”, said Justice B N Agrawal while hearing the case.
Dhavan went on saying that three important issues are involved in the whole case. First, Delhi High Court has stepped out of its jurisdiction while deciding the issue. Secondly, there has been a lack of due process of law in the whole case and lastly, there is serious question of admissibility of the evidence in this case. Petitioners argued that the correctness of evidence in this case, the video chips on which the sting was recorded, has to be established by the forensic experts.
Friday, September 19, 2008
NHRC approves of Chhatishgarh rational for backing Salva Judum
DU VC asked to examine offending references against Hanuman in course material
SC notice of Indian Airlines on grounding air-hostesses
The Supreme Court on Friday issued notice to Indian Airlines on a petition filed by the five air-hostesses challenging the policy of the airline to ground them on account of overweight. A two judge bench headed by Justice Tarun Chatterjee issued notice when the counsel for petitioner Arvind Shama requested the court to look into the matter. The air-hostesses have accused Indian Airlines of terminating their services by taking the ground of weight.
The court however assured that their interests shall be taken care of. “If we find merit in your appeal we will restore your services”, said Justice Tarun Chatterjee after hearing the arguments of the advocate. The Additional Solicitor General, Gopal Subramanium, who was appearing for the Airline also assured the court that the services of the airhostesses shall not be terminated illegally.
Sharma also contended before the court that the Delhi High Court had dismissed their appeal without going in to the core issue. The airhostesses also opposed the circular through which the airline the relaxed terms with permissible overweight limit upto three kg over and above the upper limit as laid down for the cabin crew. The court has asked Indian Airlines to file their responses within four weeks and matter will be now taken up in November.
Thursday, September 18, 2008
Because Utsav is not Salman Khan
Monday, September 15, 2008
SC upholds ban on Deendar Anjum
The Supreme Court today dismissed a petition filed by a Muslim outfit Deendaar Anjum which challenged the order of Tribunal under Unlawful activities prevention act banning them for the fourth time. A two judge bench headed by Justice Arijit Pasayat while dismissing the petition said that the real activities of the outfit are different.
The outfit was banned on 28th August 2008 by the Delhi High Court judge Justice Mukul Mudgal who was heading the tribunal under the act. While upholding the ban on the outfit, Justice Mudgal had observed that there is sufficient cause for declaring Deendar Anjum an unlawful organization.
Quota seats to go to general category if fall vacant : SC
SC stays CBI inquiry into U P constable recruitment scam
No relief for R K Anand and I U Khan for now
Govt. to decide on how to send Manjhi back home?
Sunday, September 14, 2008
SC to hear R K Anand's petition against Delhi High Court ban
R K Anand in his 900 page petition has questioned the Delhi High Court's authority to ban them practice as banning of the advocates from practice comes under the exclusive domain of the Bar Council of India. Anand has also questioned the Delhi High Court's order on account or biasness.
The Delhi High Court on August 20th found both the advocates guilty of contempt of court as their acts amounted to obstuction of administration of justice. A division bench of Delhi High Court comprising Manmohan Sarin and Madan B Lokur had not only debarred these advocates from practicing but also imposed a fine of Rs. 2000 each for their irresponsible behaviour. The bench had also recommended to the Delhi High Court that both the advocates should be stripped of their designation of Senior Advocates.
Anand, the defence counsel and Khan, the prosecutor, were shown as colluding with the witness in a sting operation last year. The court on May 31 last year had taken suo motu cognisance of the sting operation showing Anand, in collusion with Khan, allegedly offering money to Kulkarni to depose in favour of Sanjeev Nanda, the prime accused in the hit-and-run case.
Decks cleared for Japanes Baby Manjhi to go home in Japan
According to sources the Solicitor General of India Goolam Vahanvati would be informing the court that the government has no problem if the father of child takes her to Japan. One NGO Satya, on the other hand had asked for the custody of Baby Manjhi. The government would also question the locus of the NGO in the whole case.
The court had earlier directed that the custody of the infant will remain with the grand mother till the matter is finally decided by the court. The grandmother of infant Manji had approached the Supreme Court, seeking that the child should not be separated from her and the father. She also sought requisition of relevant travel documents for the child, so that she could be deported safely to Japan.
The grandmother was forced to move the apex court, after she learnt that the custody of the child could not be given to the father as Indian laws do not permit a single father to adopt a girl child. Manji was born on the 25th of July after her biological parents Ikufumi Yamada and Yuki Yamada entered into a contract with a woman in Gujarat to become their child's surrogate mother. The problem started when a month before Manji was born, her biological mother divorced her husband and disowned the child.
Thursday, September 11, 2008
Ansal Brothers surrender in Court
Friday, September 5, 2008
Sanjeev Nanda gets five years jail term in BMW case
Thursday, September 4, 2008
No yatra by Praveen Togadia would be allowed in Kandhmal : Orissa to SC
When the matter came for hearing before a three judge bench headed by Chief Justice K G Balakrishnan, Central Government's counsel, Gopal Subramanium informed the court that the Home Minister, Shivraj Patil has visited the violence hit places in the state and the situation in the state is tense. The ASG however maintained at the same time that the differences between the CRPF and the state have been resolved and the centre is satisfied with the arrangements made in the relief camps. The central government also assured the court that they are ready to provide any assistance if needed by the state. The Centre however was sceptical about the proposed yatra by VHP leader Praveen Togadia."The state government should not permit any inflammatory speeches to be made and it should also be kept in mind that any yatra will have serious consequeces", said Gopal Subramanium appearing for the centre.
After the centre concluded, the petitioner archbishop of Cuttack Raphael Cheenath represented by senior advocate Colin Gonsalves contended that the VHP and RSS men are going in the camps and there is no safety in these refugee camps.According to Gonsalves, when the home minister Shivraj Patil was visiting violence hit areas, 80 more houses were burnt down Gonsalves also referred to newspaper reports that situation in the area is tense. The Orissa government on the other hand maintained that they will utilise the the paramilitary forces to prevent any yatra from taking place. Representing the state government, senior advocate K K Venugopal assured the court that the state government will do its best to maintain law and order in the state. Venugopal however demanded that they should be provided with four more companies of paramilitary forces to control the situation. The court directed the centre to provide the same.
Wednesday, September 3, 2008
SC asks for status report on Kandhmal violence
SC notice to Gujarat on "fake encounters"
Tuesday, September 2, 2008
Orissa violence : SC to look into demand for CBI probe
According to the petition, the situation in Kandhmal is tense and paramilitary forces should immediately be sent to the affected areas where more than 4000 villages have been burnt. The petition alleges that Orissa government has failed to maintain law and order situation in Kandhmal. The petition also accused the state government of turning a blind eye to human rights violation in the state after the brutal killing of Swami Laxmanananda Saraswati. According to the petition, although, Union Government has sent RAF and CRPF, the state government is not taking the forces to the affected areas.
The petitioner also demanded that a compensation of Rupees four lakhs should be paid to those whose houses have been fully destroyed and a compensation of Rupees two lakhs should be paid to those whose houses have been destroyed partially.
Monday, September 1, 2008
SC upholds Maharashtra's power to tap phones
The Indian Telegraphs act provided for interception of telephonic conversation but it could have been done only in the cases of emergency and public safety. But now the state government can intercept the conversations even when it is done in a casual manner.