SC upholds Maharashtra's power to tap phones

The Supreme Court on Monday upheld the constitutional validity of section 13 to 16 of MCOCA. These sections authorise the state government to intercept telephonic conversations of certain people as decided by the state government from time to time. The sections also provided that the intercepts recorded by the state government can be used as evidence in the court of law. The Bombay High Court had earlier struck down these provisions terming as unconstitutional. The Maharashtra Government had moved to the apex court saying that the Act was necessary to counter organised crime and syndicates run by the underworld.

The state government had contended before the apex court that section 13 to 16 of Maharashtra Control of Organised Crimes Act, which authorises the state government to intercept telephonic conversations, are necessary to counter organised crime and syndicates run by the underworld. The Bombay high court while upholding the constitutional validity of the Maharashtra Control of Organised Crime Act, had struck down its crucial provisions which authorise interception of telephonic conversations by the state.

The High Court judgment was in response to petitions filed by diamond merchant and film financier Bharat Shah, who was facing trial under MCOCA. According to Bharat Shah, the state government could not have enacted such a law as the making such a law comes under exclusive domain of the central government.

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.

SC seeks response from Uttar Pradesh CIC accused of misconduct

The Supreme Court today asked for a response from Chief Information commissioner of U P retired Justice M A Khan after governor T V Rajeshwar sent a reference to the apex court accusing him of official misconduct and committing irregularities in appointments in his office. A three judge bench headed by Chief Justice K G Balakrishnan had asked Justice Khan to appear in the court and accept notice.

After receiving complaint from the state government governor T V Rajeshwar had written to the apex court that prima facie he is satisfied that the appointments made by Chief Information Commissioner ware "in flagrant violation of reservation rules. The appointments were made by the state Chief Information Commissioner or on his direction in an arbitrary manner without conducting any examination for the same".

"The Chief Information Commissioner made uncalled for, objectionable and derogatory remarks against the Chief Minister, Cabinet Secretary, the Chief Secretary and the Chairperson of the U P Advisory Council during the hearing of a matter in the course of his official duty on October 31,2007 and November 15, 2007," the reference said.

According to the reference, "the state Chief Information Commissioner conducts himself in an autocratic style in relation to other state information Commissioners and does not follow settled rules of procedure and law in his working".

The court has given six weeks time to Justice Khan to file his response after which the court shall take a final view on the reference.

SC notice to Centre on speed governors in HCVs

The Supreme Court today issued notice to Central Government on a petition filed asking for universal policy on speed governors throughout the country. The matter came before the apex court after Karnataka government moved to the court saying it is difficult for the state government to implement the High Court order for installing speed governors in heavy commercial vehicles across the state. The High Court had given September 30th for implementation of the court's order.

The state government has pleaded before the court that this matter concerns the whole country and central government should make a policy on the issue. The state government also contended that it has no problem in installing the speed governors in the new vehicles but the problem starts when it comes to older vehicles. Moreover, it is difficult to install speed governors as different states have different speed limits. To this problem, appearing for one of the petitioners, Senior Advocate Harish Salve suggested to the court that the speed governors can be installed in the old commercial vehicles when they come for fitness test.

The state government has alleged that Central Government has done nothing concrete to address the problem of speed governors. According to state government, the Union Government had convened a meeting in August this year to discuss this problem but nothing came out of that meeting.

SC initiates contempt proceedings against two ladies

The Supreme Court today initiated contempt proceedings against two ladies, Annette Kotian and Leela David, for alleging that 13 judges of the Bombay High Court are corrupt and demanding that they should be arrested and sent to jail.

The two ladies represent a Mumbai based music school called Boss School and their primary grievance is against two members joining Australian based cult Exclusive Bretheren. The Bombay High Court had earlier dismissed the petition filed by this school. Hearing the petition, the tree judge bench headed by Chief Justice K G Balakrishanan asked these two ladies to either withdraw the allegations or provide proof of judges involved in corruption.

During the hearing a furious Chief Justice lamented the ladies by saying "You think you are above law. You want all the judges to be arrested and sent to jail. You want Maharashtra's home minister should also be sent to jail".

The Chief Justice asked these ladies to withdraw the allegations as they have their distinguished careers at stake but these two were adamant saying that they will not withdraw the allegations.

The Chief Justice also gave them ten days time to give proof of corruption and also warned them that if they fail to file their response, they will be arrested and produced before the court. These ladies moved to the apex court on the basis of what they call "Brutal Genocide" against Boss School.

Bihar Government opposes CBI stand on Lalu Yadav's DA Case

The Bihar government has strongly opposed the CBI stand that the state has no right to file an appeal against the acquittal of Railway Minister Lalu Prasad Yadav and his wife Rabri Devi in disproportionate assets case.

In an affidavit filed in the Supreme Court, the state government has said that it has a right to file an appeal against the acquittal by the lower court. According to the state government, in this case, the offence was committed in the state, money acquired by accused Lalu and Rabri also belonged to the state and merely because the state entrusted the investigation to the CBI does not mean that state has lost its right to file the appeal in this case.

The Bihar Government had moved the High Court against the trial court verdict after finding that the CBI was not challenging the acquittal of Prasad and his wife in the case.

Questioning the move of Bihar government, the CBI in its petition, maintained that the Nitish Kumar Government has no locus standi to file an appeal as the case was investigated by it and the state government cannot act contrary to the executive decision of the Centre. Lalu Prasad Yadav and his wife have also taken a similar stand.

High Court notice to NACO on poor quality HIV kits

The Delhi High Court on Wednesday issued notice to the National AIDS Control Organization (NACO) to explain why they have suppressed the findings of the World Bank that poor quality HIV kits were used in India

A two judge bench comprising Chief Justice A P Shah and S Murlidhar also asked NACO that why they made false claim that the US Center for Disease Control has verified that HIV kits used during the second national AIDS control project (NACP-II) in Indian hospitals and blood banks were of standard quality.

The court issued notices after hearing a public interest litigation filed by Dr. Kunal Saha seeking a CBI investigation of the defective HIV kits used potentially endangering transmission of the deadly AIDS virus to innocent patients through contaminated blood transfusion.

According to Dr. Saha, he was a member of the World Bank team that investigated complaints of spurious HIV kits in India in 2007. He has sought equitable justice for all victims who were infected with the AIDS virus as a result of flawed HIV kits manufactured by Monozyme India Ltd, one of the principal manufacturers of the spurious HIV kits.

BMW judgment likely on September 2nd

The Patiala House court in Delhi has fixed September 2 for the pronouncement of judgment in BMW hit and run case. After hearing the final arguments of both the prosecution and the defence, Additional Sessions Judge Vinod Kumar said he would pronounce the judgment on September 2. Six persons were killed in the accident involving the BMW car on January 10, 1999, in Lodhi Colony area in Delhi.

It is alleged that Sanjeev Nanda was returning from a late night party in Gurgaon with friend Manik Kapoor. While returning home near a checkpoint on Lodhi Road the BMW car went out of control crashing through all the people at the police checkpoint, immediately killing two constables - Rajan Kumar (25), Ram Raj (38) two others - Abdul Nasir (30) and Gulab (32). Another policeman, Peru Lal (40) of the Delhi Home Guard, along with Mehendi Hassan, died later in hospital. The seventh victim, Manoj (32), survived, but is untraceable today.

It is also alleged that the car was then driven to Siddharth Gupta's house in Golf Links. Siddharth's father Rajiv Gupta, who heads the finance firm Motor General Finance, instructed watchman Bhola Nath and driver Shyam Singh Rana to clean the bumpers and bonnet of the car of the blood and vestiges of the victims. Subsequently the police charged these three with destroying evidence. A few days later, a witness Sunil Kulkarni, came forward to describe the scene. At the time of the crash, he was on his way to the railway station.