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2011: Productive year for Delhi High Court - India - DNA

2012-01-18T16:43:00.000+05:30

2011: Productive year for Delhi High Court - India - DNA:

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DMK MP Kanimozhi's bail successful hearing along with that of other high profile accused in the 2G case and upholding of jail term given to Sukhram in the 1996 telecom scam kept the Delhi High Court in the limelight. Delhi HC also questioned the basis of the cash-for-vote matter and granted bail to six accused.

The court's other significant orders and decisions included its refusal to grant interim stay on minority status accorded to Jamia Milia Islamia University, acquittal of sacked IPS officer RK Sharma in journalist Shivani Bhatnagar case and staying imminent deportation of 151 Pakistani Hindus, overstaying here on pilgrimage visa. Amidst all this, terror hit the High Court which claimed 17 lives at its doorstep on September 7. A powerful suitcase bomb ripped through the crowded reception area injuring 90 persons.

However, cases involving politicians and corporates kept the court busy. Rajya Sabha MP Kanimozhi, daughter of veteran Dravidian leader M Karunanidhi, Kalaignar TV CEO Sharad Kumar, Bollywood producer Karim Morani and two others got bail in the 2G case on the ground of parity after the apex court granted bail to five corporate honchos, saying "bail is rule and jail is exception." However, former Telecom Secretary Siddharth Behura, who is left in jail along with A Raja since their arrest on February 2, was not so lucky as the court allowed CBI's plea that role of public servants be put to "stricter" scrutiny as they are expected to be different from other accused. The court said Behura was the "perpetrator" of the illegal design of Raja and cannot claim benefit of parity with 10 others released on bail.

The trial court's verdict awarding life imprisonment to dismissed IPS officer Ravi Kant Sharma, who once served as the Officer on Special Duty (OSD) in the PMO, in the Shivani Bhatnagar case could not withstand scrutiny of the High Court which reversed the judgement. Sharma walked free after spending 10 years in jail. The court, in its judgement, itself raised questions as to who were behind the killing and what was the motive for it. It upheld conviction of Pradeep Sharma, one of the four persons, found guilty by the lower court, while setting free Sri Bhawgan and Satya Praksh besides RK Sharma giving them the benefit of doubt.

In a closely contested paternity suit, 85-year-old Congress leader N D Tiwari successfully avoided giving blood sample for the DNA test to ascertain the plea of 31-year-old Rohit Shekhar that he was his (Tiwari) biological son. A single judge bench of the court, which had earlier asked Tiwari to give blood sample, later reversed its own order and allowed the plea of the leader that he cannot be forced to give evidence against himself that too in a civil case. Rohit Shekhar has now challenged the order in a division bench, saying that it would be difficult to get justice unless Tiwari is forced to undergo the test.

Unlike Tiwari, his former party colleague and ex-Telecom Minister Sukh Ram, 86, was caught on the wrong side of the law with the high court upholding lower court's verdict awarding three year jail term to him in in the 1993 telecom equipment purchase deal to benefit a Hyderabad-based company. It also upheld conviction of Runu Ghosh, then Director in Department of Telecommunications, P Rama Rao, MD of Advanced Radio Masts (ARM) Pvt Ltd and asked them to surrender on January 5 to serve jail terms. Rao will have to undergo three years jail term while Ghosh would be in jail for two years. Sukh Ram was earlier awarded five years jail in another graft case and had to spend 10 days in jail before the High Court granted bail and stayed the trial court's verdict.

Former BJP President Bangaru Laxaman could not get any relief from the court in a case lodged after he was allegedly caught on May 13, 2001 taking bribe from undercover scribes of Tehelka portal for recommending to the Defence Ministry the purchase of their wares for the Army.

Arun Jaitley, leader of opposition in Rajya Sabha, however, won a legal battle against US-based Portfolio Brains LLC which was asked to pay a fine of Rs5 lakh to him for harassing him by running a website www.arunjaitley.com and refusing to transfer the domain name to him.

In a relief to Sikkim Chief Minister Pawan Kumar Chamling, the High Court dismissed a plea of a BJP leader seeking to declare him as a Nepalese citizen. The court said the complaint of BJP leader Padam Prasad Sharma was made to "gain political mileage".

Uttar Pradesh Chief Minister Mayawati also got relief as the court dismissed the Centre's appeal against the 2007 order of the Income Tax Appellate Tribunal (ITAT) that her birthday gifts were exempted from taxation under the IT Act. The Income Tax department had challenged the ITAT ruling exempting Mayawati from paying tax on the gifts worth nearly Rs 65 lakhs received by her from supporters in the form of two houses in Inderpuri in West Delhi and two cheques worth Rs one lakh each. The gifts were received on her birthday in 2004.

Delhi Police invited the ire of the court for lax handling of the case of extradited gangster Abu Salem following the revocation of his extradition by a Portuguese High Court on the ground that the terms of extradition agreement, entered into between India and Portugal, have been breached. The Portuguese court had taken note of invoking of MCOCA against Salem as it provided life term as maximum sentence which was in contravention of an assurance given by the then NDA government that he will neither be tried under any special law and nor be handed down jail term in excess of 25 years. Salem, extradited in 2005, was booked under MCOCA for allegedly making extortion calls to a Delhi-based businessman Ashok Gupta in 2002 demanding Rs5 crore as protection money.

In another case, the court dismissed the plea of Haseena Ibrahim Parker, sister of fugitive underworld don Dawood Ibrahim, filed against Centre's decision that she will not be issued a fresh passport. The External Affairs ministry had said that Parker cannot be issued a fresh passport as she might "misuse" it to help her brother's criminal activities.

In 2011, the court reserved its order on the prosecution of 19 witnesses including model-turned-actor Shyan Munshi on charge of perjury for turning hostile during the trial of the Jessica Lall murder case. Earlier, the court had issued notices to 19 witnesses and had raised questions as to how they all turned hostile. Lall was shot dead in April 1999 by Manu Sharma, son of Haryana Congress leader Venod Sharma, after she refused to serve a drink to him in a party at restaurant Tamarind Court in South Delhi. Sharma is serving life term in the case after the apex court upheld the HC's judgement.

The court took a sympathetic view of plight of 151 Pak Hindus and asked the Centre not to deport them back till it decides their plea seeking asylum or Indian citizenship. The Pakistanis, who fear for their lives in their homeland, face the danger of deportation as their pilgrimage visas have expired.

'Better late than never' is the phrase which could console Australian swimmer Susan Leigh Beer, who was awarded Rs 1.82 crore compensation by the court nearly 33 years after she slipped in a pool of an ITDC-run hotel here and became paralysed. Susan, 17, suffered from Quadriplegic, paralysis of all four limbs -- both arms and both legs-- after receiving head and spinal chord injuries during the fall in the pool of Akbar Hotel on the evening of May 5, 1978.

In a similar case, the High Court awarded a compensation of Rs 10 lakh to Nina Pillai, wife of Singapore-based Chairman of Britannia Group Rajan Pillai who died inside Tihar nearly 16 years ago. It held the state liable for lapses in providing medical care to Pillai, who was suffering from various ailments including alcoholic liver cirrhosis and died at a hospital here on July 7, 1995. He fled from Singapore to avoid a jail term in a criminal case there.

The court also upheld the conviction and award of life term to political activist Hari Singh for hijacking an Indian Airlines flight in March 1993. Singh, who has been on bail since July 18, 2003, was told to surrender before the lower court to undergo the sentence.

Supreme Court chides itself, govt for judicial backlog - Times Of India

2012-01-15T14:42:00.001+05:30

Supreme Court chides itself, govt for judicial backlog - Times Of India:

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Anguished over the state of affairs of the justice delivery system, the Supreme Court on Wednesday said people's faith in judiciary was dwindling at an alarming rate, posing a grave threat to constitutional and democratic governance of the country.

If the apex court highlighted the non-filling of nearly 300 posts of high court judges to reflect the deficiency in itself as HC judges are selected and recommended for appointment by a collegium headed by the Chief Justice of India, it was highly critical of the government for talking tall about fighting the pendency of 2.77 crore cases in trial courts but doing nothing on the ground.

A bench of Justices A K Ganguly and T S Thakur was unsparing in its comments while candid in acknowledging the woes - large number of vacancies in trial courts, unwillingness of lawyers to become judges, failure of the apex judiciary in filling vacant HC judges posts and the dragging of feet by the Centre in keeping its promises.

On the vacancies in HCs, the bench said, "The Allahabad High Court is the largest high court but 50% of judges' post are lying vacant. It is an area of grave concern. People are getting more and more aware of their rights and want speedy justice. The courts cannot stop filing of cases on the ground that there are vacancies. But the vacancies in the HCs are not getting filled. This is posing grave threat to constitutional and democratic governance system as people are resorting to extra-judicial methods to sort out their disputes."

Turning its attention to the government, the bench said UPA-2 had with much fanfare announced the Vision Document promising to appoint 5,000 ad-hoc judges to wipe out a pendency of 2.77 crore cases in the trial courts. "Three years have gone by. Except for the announcement, nothing has been done. The scheme is also wholly unworkable as lawyers were not interested in permanent posts of judges and would they take up ad-hoc appointments to dispense justice on a daily wage?"

Amicus curiae and senior advocate Gopal Subramaniam, who as solicitor general had contributed to the drafting of the Vision Document in 2009 when M Veerappa Moily was the law minister, joined the bench in criticizing the government. "When the government says it respects the judiciary and its independence, there is a hidden line in it. The courts are not being given importance that is why the justice dispensation system is in such a disarray," he added.

But, the bench said how would the judiciary ask the government about what it has done. "The government will say 'out of 900 sanctioned strength of high court judges 300 are lying vacant, why don't you appoint'," it said.

However, it wanted to seek answers from the government on amicus curiae's suggestion that access to justice must be made a constitutional right and consequently the executive must provide necessary infrastructure for ensuring every citizen enjoyed this right. It also wanted the Centre to detail the work being done by the National Mission for Justice Delivery and Legal Reforms. The hearing would continue on Thursday.

In action-packed 2011, Supreme Court cleared over 79,000 cases - The Hindu : News / National

2012-01-10T10:24:00.000+05:30

The Hindu : News / National : In action-packed 2011, Supreme Court cleared over 79,000 cases:

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The year 2011 saw the highest number of cases disposed of in recent years, with more than 79,000 cases cleared under the leadership of Chief Justice of India S.H. Kapadia.

In his Law Day address, Justice Kapadia rejected the allegation made in certain quarters about the huge pendency of cases and said: “There is a backlog of cases. However, it is not as big as is sought to be projected.” Seventy-four per cent of the cases were less than five years old, he said. He has worked out a plan for expeditious disposal of the pending cases.

Pointing to the increase in institution of cases over the years, Justice Kapadia said: “Citizens approach the court only when there is confidence in the system and faith in the wisdom of the judges. The institution stands on public trust. The judiciary has performed a commendable job.”

In 2011, eight judges retired and five judges were appointed. Five vacancies still remain to be filled.

The Supreme Court faced a stiff challenge — protecting the environment from further degradation vis-à-vis protecting the employment of thousands of workers in various mines in Bellary and other districts of Karnataka.

Holding that the right to life under Article 21 of the Constitution would include a pollution-free environment, the court ordered the suspension of all mining operations and transport of minerals in Bellary and other districts. But it allowed export of the existing stocks. “We are satisfied that, on account of over-exploitation, considerable damage has been done to the environment. We are taking a holistic view of the matter. We have suspended these operations keeping in mind the precautionary principle, which is the essence of Article 21 of the Constitution.”
Illegal mining

The court also ordered a CBI probe into the illegal mining in the border areas of Andhra Pradesh and Karnataka, covering the alleged illegal mining activities of the former Karnataka Minister, G. Janardhana Reddy, at Obulapuram in Andhra Pradesh.

Coming to the rescue of air passengers, the court said that if there was a delay in the departure of a flight with passengers on board for more than three hours for lack of clearance from the Air Traffic Control (due to fog or for other operational reasons), the passengers should be permitted to get back to the airport lounge, and the airlines should provide them with food and water.

Making it clear to the outside world that India followed the rule of law even in the case of a foreign national, the Supreme Court stayed the execution of Ajmal Kasab, a Pakistani national awarded the death penalty in the 26/11 terror attacks case.

The court stayed the release on bail of Pune-based racehorse owner Hasan Ali, detained under the Prevention of Money Laundering Act and other laws. It came down heavily on the Centre for its lacklustre response to tackling the menace of black money. In the Salwa Judum case, it declared illegal the employment of youth to counter Maoists.

Following widespread criticism of the collegium system of appointment of judges to the higher judiciary, the Supreme Court decided to have a larger Bench consider 10 questions relating to the review of the 1993 and 1998 judgments giving primacy to the judiciary on appointment of judges.

While agreeing to consider the legality of the nuclear bill, the court made it clear that it would not go into the policy aspects relating to the safety of all nuclear plants in the country as it was the domain of Parliament.

The court directed the Special Investigation Team, headed by the former CBI Director, R.K. Raghavan, to submit its final report, under Section 173 (2) of the Cr.PC to the trial court, on the further investigation it had done on the complaint of Zakia Jeffrey against Gujarat Chief Minister Narendra Modi and 61 others for their alleged role in the 2002 communal riots.

The court did not allow the opening of Kallara (locker) B at the Sree Padmanabha Swamy temple in Thiruvananthapuram, though it ordered full protection to the temple and documentation of the artefacts found in the other five chambers.

Justice P.D. Dinakaran's attempts to quash the inquiry against him by the committee set up under the Judges (Inquiry) Act backfired, with the court having rejected all the petitions. He ultimately resigned, forcing the committee to wind up the proceedings. Justice Soumitra Sen of the Calcutta High Court, who faced removal proceedings, resigned even before the Rajya Sabha took up the motion after the Lok Sabha passed it. The court dismissed a public interest litigation petition filed on his behalf, questioning the removal procedure.

By quashing the Uttar Pradesh government's order suspending the screening of the Hindi film Aarakshan for two months, the Supreme Court once again underlined the importance of freedom of speech and expression.

The court also came to the rescue to thousands of students writing competitive examinations by making it clear that students could seek a photo copy of the answer sheets of an examination conducted by any agency under the Right to Information Act.

The Supreme Court stayed the Allahabad High Court's verdict dividing the disputed site of the Ramajanmaboomi at Ayodhya into three parts and apportioning them among the parties to the dispute.

In a setback to the Jayalalithaa government's decision to defer the implementation of the Uniform System of School Education (Samacheer Kalvi), the Supreme Court directed the Tamil Nadu government to implement it for Classes 2 to 5 and 7 to 10. The Court, however, declined to interfere with a Madras High Court judgment upholding the abolition of the Common Entrance Test for admission to professional courses in Tamil Nadu, giving relief to lakhs of students in the State.

Observing that the right to life is of paramount consideration, the Supreme Court banned the manufacture, sale and use of Endosulfan. But it allowed the existing stocks and formulations.

The court dismissed as “fallacious” the curative petitions filed by the CBI to recall the 1996 judgment dropping the charge of culpable homicide not amounting to murder against the former Chairman of Union Carbide India, Keshub Mahindra, and other accused in the 1984 Bhopal gas leak case.

The court extended its jurisdiction beyond the Indian border by making an emotional appeal to the Pakistan government to release an Indian prisoner languishing in a Pakistani jail for more than 26 years after he inadvertently crossed the border. Interestingly, the Pakistan government accepted the appeal and freed the prisoner.
Mercy killing

The court allowed passive mercy killing of a patient in a permanent vegetative state by withdrawing the life support system with the approval of a medical board and on the directions of the High Court concerned. It, however, did not accept the plea of Pinky Virani of Mumbai for permission to withdraw the life support extended to Aruna Ramachandra Shanbaug, who has been in a permanent vegetative state at KEM Hospital in Mumbai for 37years.

In a setback to Times Now television channel, the Supreme Court declined to interfere with an interim order of the Bombay High Court, directing Times Global Broadcasting Co. Limited to deposit Rs. 20 crore in cash and Rs. 80 crore as bank guarantee in the court in a defamation suit filed by the former Supreme Court judge, P.B. Sawant, claiming Rs.100 crore in damages.

Amendments Proposed in Consumer Protection Act to Facilitate Faster Disposal and On line filing of consumer complaints

2012-01-08T00:26:00.000+05:30

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The Government has introduced Consumer Protection (Amendment) Bill, 2011, in Lok Sabha on December 16, 2011, to facilitate quicker disposal of cases and to widen and amplify the scope of some of the provisions of the Act. The enactment of the Consumer Protection Act, 1986, was an important milestone in the field of consumer protection. In terms of the Act, consumer disputes redressal agencies have been set up at the 629 District, 35 State and National levels to render simple, inexpensive and speedy justice to consumers in respect of complaints against defective goods, deficient services and unfair/restrictive trade practices. With a view to faster redressal of complaints and to rationalize procedure of appointments in consumer disputes redressal agencies, it has been felt necessary to amend the Act.

Amendments proposed provide for the following-

On line filing of consumer complaints
Making provision for registering complaint by electronic form (on line filing complaint)- Since the Consumer Forums are being computerized it is proposed to make provision in the law to permit consumers to file complaints as well as pay fee online, which would make the consumer for a move towards e-governance/ time bound redressal.

Enforcement of orders as a Decree of Civil Court
Making provision that an order of the District Forum / State Commission/ National Commission will be enforced as a Decree of a Civil Court- This modification is considered essential in view of the experiences gained during implementation of the amended Act and is intended to deter willful offenders and also to ensure speedy and proper execution of the order of the consumer forums, so that justice to the aggrieved consumers is not frustrated.

Payment to be made for non-compliance of the order
Making provision for payment by every person for not complying of the order of District Forum / State Commission / National Commission of an amount of not less than Rs. 500 or 1½ per cent of the value of the amount awarded- whichever is higher, for each day of delay of such non-compliance of the order. This modification is considered essential in view of the experiences gained during implementation of the amended Act and is intended to deter willful offenders and also to ensure speedy and proper execution of the orders of the consumer forums, so that justice to the aggrieved consumers is not frustrated.

Powers to District Forum
Empowering District Forum to function in any other place apart from District HQrs, in consultation with State Government / State Commission – This provision is considered necessary to allow State Governments the flexibility to club neighboring Districts Forum as also give additional charge to President/Members to hear cases in more than one District Forum so as to effectively deal with the non-functionality of Districts Forum caused due to vacancy of President/Member.
Conferring powers to District Forum to issue order to the opposite party to pay reasonable rate of interest on such price or charges as may be decided by the District Forum- This provision is considered necessary to empower the consumer forum to award interest where the consumer has suffered due to protracted litigation.

Powers to State Government in selection process
Empowering State Government to refer back the recommendation of the Selection Committee for making fresh recommendation in order to avoid any delay in the Selection process- This is felt necessary to facilitate quicker filling up of the posts in the Consumer Forums and to avoid the consumer Forum remaining non-functional for long due to such vacancy thereby adversely affecting consumers’ interest.

Increase of age in the appointment
Increasing the minimum age for appointment as Member in the case of State Commissions from 35 to 45 years, and in case of National Commission from 35 to 55 years- This is proposed to improve the quality of persons applying for these posts.

Experience for members
Increasing the period of experience for appointment as Member in the case of State Commission from 10 years to 20 years and in the case of National Commission from 10 years to 30 years-This is proposed in order to improve the quality of persons applying for these posts.

Powers to National Commission / State Commission to direct any one to assist the case
Conferring powers to National Commission / State Commission to direct any individual or organization or expert to assist National Commission / State Commission in the cases of large interest of the consumers- This provision would enable the National Commission or the State Commission, in cases involving the larger interests of the consumers, an opportunity to suo moto enlist the services of an expert or an outside party, in an ongoing case, in the interest of justice.

Monitoring system of pending cases
Conferring powers to Central Government to call upon periodical reports of pending cases from National Commission and to State Government from State Commission or any District Forum- The provision is considered necessary to enable easy availability of data regarding filing and disposal of consumer complaints, which would help in monitoring the functioning of the consumer for a and effectiveness of the law.

The above said amendments proposed in the Act will go a long way in speedy redressal of Consumer grievances and sturdy protection of Consumer rights.
Read more: Amendments Proposed in Consumer Protection Act to Facilitate Faster Disposal and On line filing of consumer complaints http://taxguru.in/government-policy/amendments-proposed-consumer-protection-act-facilitate-faster-disposal-line-filing-consumer-complaints.html#ixzz1ind6lEgd

Friend, father & philosopher of black money is Chidambaram

2012-01-07T01:19:00.000+05:30

http://www.sunday-guardian.com/analysis/friend-father-a-philosopher-of-black-money-is-chidambaram#.TwcIuh72rvh.facebook

'via Blog this' - An Article by Ram Jethmalani

Palaniappan Chidambaram, whom I shall for the sake of brevity call just Chidambaram, is best seen through black and white. And please don't get me wrong and accuse me of racism. I refer not to epidermis or mane, but to the economic colour of money. Some of his greatest contributions to the economy of India are his brilliant pioneering initiatives for changing the colour of money from black to white. And this passion has never left him.

Many of us have forgotten the Voluntary Disclosure of Income Scheme (VDIS) 1997, which he announced when he was Finance Minister with the United Front government, granting income-tax defaulters indefinite immunity from prosecution under the Foreign Exchange Regulation Act, 1973, Income Tax Act, 1961, Wealth Tax Act, 1957, and Companies Act, 1956, in exchange of self-valuation and disclosure of income and assets. The scheme was brilliantly conceived. While all schemes in the past valued declared assets at current prices, VDIS 1997 brought in an arbitrary date of 1 April 1987. Gold and silver hoarders, and large property holders got an exceptional bonanza on this valuation system. Further, proof of purchase was not insisted upon, which gave complete freedom to the confessors to fudge any date they wanted to their own financial advantage and further plunder of the country. So, even if gold was bought after 1987, it could be shown as having been bought before 1987, and it was a win-win game for all stakeholders to rake in the cuts. The Comptroller and Auditor General of India condemned the scheme in his report as abusive and a fraud on the genuine taxpayers of the country. But the issue was forgotten, and the illustrious career of Palaniappan Chidambaram rose to greater heights in the UPA regime.

Those were his innocent days. What a long way he has come since the era when he was cooking up VDISs, so utterly transparent, that the loopholes and avenues to give relief to the looters stared you in the face. The world economy was also then a little simpler than it is today, and his best achievement was getting caught about his investments in Fairgrowth, which was involved in the Securities Scam of 1992. Chidambaram had to resign for this utterly transparent investment in a company whose scam would have paid rich dividends. Unfortunately, he was not Finance Minister at the time and did not have the machinery to hush things up, and could only remotely control the markets, unlike his present capabilities as former Finance Minister and thereafter.

Being Finance Minister in the UPA government was his finest hour. He could fiddle around with share markets, capital markets, banks, financial instruments, such as, securities, participatory notes, tax treaties, not to speak of spectrum sale, and use his extraordinary innovative powers of black money magic to plunder our country with complete impunity. He assiduously cultivated the media with his clipped English accent (that led him down, now and then), occasional freebies, and sustained shadows of the Enforcement Directorate that he commanded.

Chidambaram cannot get black money out of his blood. Dr Subramanian Swamy has clearly stated in his website, "I now have further information from my usually reliable sources in the Union Government that the tapping of Finance Minister Mr. Pranab Mukherjee and his close associate in the Ministry, enabled Mr. Robert Vadra the son-in-law of Ms. Sonia Gandhi and Mr. Karthik son of Mr. P. Chidambaram, to use the data thereby collected to manipulate and rig the Mumbai stock market. Earlier these data were directly provided by the then Finance Minister Mr. Chidambaram. I demand that the SEBI be asked by PM to initiate 'Insider Trading' investigation and prosecution of Mr. Vadra and Mr. Karthik."

If what is put out by Dr Subramanian Swamy is false why doesn't Chidambaram sue him?

The dark clouds of the 2G scam and the repeated evidence being given by A. Raja and other accused of his tacit involvement and other acts of omission and commission are menacingly closing in on Chidambaram. He is losing his cool, and more importantly, losing his carefully clipped English accent to its more indigenous roots more often. And like his colleague Digvijay Singh, his mind seems to be disintegrating to a stage where he has started talking gibberish. Take this, for example: in reply to the BJP demand for his resignation for his involvement in the 2G scam, Chidambaram claims that the BJP is targeting him since he initiated a probe by the NIA into Hindu terror. Can any rational person see the connection between the two?

Take also his comments regarding the recent Mumbai blasts. As Home Minister, instead of taking stock of the situation, and providing leadership, the only intelligent thing he could think of saying was, "No intelligence is not intelligence failure." Even a college debating society expects better logic. It's something like saying "illness is not a failure of health" or "impotence is not a failure of potency".

Chidambaram's special financial skills have diversified into electoral politics also. He has the distinction of having been declared defeated in the last Lok Sabha election, after which he galvanized his special skills and local machinery, in particular, a data entry operator, and doctored a marginal victory on the recount. That is quite a record for fraud. And can one forget how the Indian Bank was cleaned up and left with only non-performing assets thanks to him and his Tamil Maanila buddies?

Chidambaram's record as Home Minister has been disastrous. Neither has he made any impact on internal security, with the worst massacres of his own paramilitary forces taking place in his time, nor on terrorism, which carries on in complete complacency because there are neither effective preventive or punitive systems in place, nor political will and national legislation to combat terrorism. It is on record and in the public domain that the Home Ministry gave incorrect names of India's most wanted list of terrorists allegedly hiding in Pakistan, some of whom were tracked living in India or in custody. Is this a testament to his fabled efficiency and commitment?

What a laughing stock we must be before the world. It is almost as if India is determined that it shall not combat terrorism, shall not have enabling legislation as enacted by the US, such as the Homeland Security Act 2002, and the Prevention of Terrorism Act 2005 of UK and similar legislations in European governments. India is determined not to have an effective national agency on the lines of the Homeland Security Department of the US. The ramshackle National Investigation Agency showed itself as a complete failure during the recent Mumbai attacks. Understandable, because its only mandate appears to be to investigate "Hindu terror", the last refuge for failed and hopeless Congressmen like Chidambaram. The CCTNS, JIC, ARC, NTRO (presently in another scam), and NCTC remain effete, scattered and unmonitorable, even by the Home Ministry. With such an unequivocal determination by the UPA government not to address terrorism effectively, I can only grieve for my country.

CIC asks SC to disclose info on judges' appointment procedure

2012-01-06T00:36:00.000+05:30

The Central Information Commission (CIC) has said that the procedure for the appointment of judges in the Supreme Court and High Courts, or a decision to bring about any changes in it, will be available to people under the Right to Information (RTI) Act.

“The procedure of appointment of judges or any proposal for modifying that procedure should necessarily be available in the public domain so that the citizens know what is transpiring among the major stake holders. In this case, the Government of India and the CJI, in respect of such a vital matter as the appointment of judges to the High Courts and Supreme Court of India,” Chief Information Commissioner Satyananda Mishra said.

In a significant decision, the transparency panel directed the Supreme Court’s registry to disclose the information pertaining to the draft of the revised memorandum of procedure of appointment of judges in higher courts given by the Law Minister to the then chief justice of India, and the response from the CJI on the said draft.

RTI activist Subhash C Agrawal had sought the information on correspondence exchanged between former CJI K G Balakrishnan and the law minister which the SC’s registry refused to part with contending that the file was not available with it.

“The claim that the said the file containing the correspondence between the Ministry of Law and Justice, and the CJI is not available with the registry may be true; but it does not clarify if this is available anywhere else in the Supreme Court, such as, in the office of the CJI or not. Therefore, the CPIO must look for this information once again and, if found, provide to the Appellant. We direct the CPIO to do so within 10 working days of getting this order,” the CIC said. Mishra agreed to the view taken by the SC’s registry that all information relating to the in-house procedure of the Supreme Court and vigilance matters relating to the judges of the High Courts and the Supreme Court should not be disclosed, but, it cannot be acceded to every information held in the office of the CJI, and should not be disclosed.

“Acceptance of this argument would virtually mean the complete exclusion of the CJI from the scope of the RTI Act which certainly is not the case. Had the intent of the legislature been so, there would have been an express provision in the law to exclude the office of the CJI from the operation of the RTI Act,” the CIC said.

Source - http://www.deccanherald.com/content/216876/selection-judges-made-public.html

The procedure of appointment of judges and any proposal for its modification should be in public domain, the central information commission (CIC) has held.

The CIC said this while directing the Supreme Court to disclose communication exchange between chief justice of India and the law ministry on the question of proposed changes in appointment procedure for judges.

"The procedure of appointment of judges or any proposal for modifying that procedure should necessarily be available in the public domain so that the citizens know what is transpiring among the major stake holders, in this case, the Government of India and the CJI, in respect of such a vital matter as the appointment of judges to the High Courts and Supreme Court of India," chief information commissioner Satyananda Mishra said in an order.

Rejecting the arguments of the Supreme Court that the information related to judges' appointment cannot be disclosed as there is a stay, the commissioner said a distinction needs to be made between the process of appointment of an individual as a judge and the procedure for making such appointments.

The case relates to plea of activist Subhash Agrawal seeking disclosure of Law Ministry's draft of revised memorandum of procedure of appointment of judges in higher courts and the related exchange of communication between the then chief justice of India K G Balakrishnan and the law minister.

Source - http://www.hindustantimes.com/India-news/NewDelhi/CIC-asks-SC-to-disclose-info-on-judges-appointment-procedure/Article1-791219.aspx

Year of criticism, from the bench and against it - Express India

2012-01-02T22:18:00.001+05:30

Year of criticism, from the bench and against it - Express India:

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Year of criticism, from the bench and against it

Krishnadas Rajagopal Posted: Jan 02, 2012 at 0040 hrs

New Delhi Judicial activism was the key in many Supreme Court observations and judgments during 2011.

2011

CVC THOMAS: A three-judge bench led by CJI SH Kapadia declared “non est” — or nonexistent — the majority recommendation of a high-powered committee for P J Thomas as Central Vigilance Commissioner. The court ruled that the Prime Minister and the Home Minister’s recommendation amounted to “official arbitrariness”, coming in spite of the dissent of the third committee member (the Leader of the Opposition) and without considering the relevant material.

LEADERS vs JUDGES: Rajya Sabha members went on TV to criticise the “growing” cases of corruption among judges and raised a pitch for a Judges Accountability Bill. The CJI responded that an honest judge need not worry about such a bill, and shot back at the parliamentarians for putting all judges in the same category of “corrupt” judges. He went on to issue an open challenge to the lawmakers that if “you” want to dismantle the institution of judiciary, first show how to build a better alternative.

JUDICIAL ACTIVISM: Two back-to-back rulings in July by an SC bench led by Justice Sudershan Reddy were widely criticised as instances of judicial overreach and activism. First, it set up a Special Investigation Team to investigate and bring home back black money abroad. The decision was challenged by the government; a second Bench then reached a split decision. In the other judgment, Justice Reddy ordered the Chhattisgarh government to disband vigilante groups (Salwa Judum) fighting against Naxals, criticising the “new mantra from the mandarins of security and high economic policy of the state — tax breaks for the rich and guns for the youngsters amongst the poor”. The order was later modified. When the controversy was raging, a Bench led by Justice G S Singhvi criticised “some lawyers, journalists and men in public life” for accusing the judiciary of over-reach when it entertains public interest litigations espousing the cause of the poor and downtrodden. “So far, the courts have been used only for the purpose of vindicating the rights of the wealthy and the affluent,” the bench said.

2G BAIL: In February, the Supreme Court had exhorted the CBI, “You must catch them all.” Then in November, it criticised a tendency shown by lower courts to deny bail to any of the persons arrested. “Right to bail is not to be denied merely because of the sentiments of the community against the accused,” Justice H L Dattu wrote in his judgment. Five executives of Unitech, Swan Telecom and Reliance ADAG later got bail.

BHOPAL GAS LEAK: On May 12, the Supreme Court threw out the CBI’s curative petition against a 1996 judgment that described the tragedy as an act of negligence and not culpable homicide on the part of Union Carbide staffers. The court refused to take the blame for fact the eight accused had “walked away” with a two-year jail term from the Bhopal chief judicial magistrate’s court, after a 26-year trial.

AMAR SINGH: The Supreme Court’s displeasure at the CBI’s “shoddy” probe in the cash-for-vote case led to the former Samajwadi Party leader’s arrest. And when he decided to remove the Congress’s name from the list of those he accused of tapping his calls, the SC suspected his actual motives. The court further lifted a five-year-old ban on publication of the tapes of those conversations.

Post-GODHRA: The Supreme Court pulled out of monitoring the Ehsaan Jafri case in which Gujarat Chief Minister Narendra Modi and 63 other high functionaries were accused of several offences. It ordered the SIT to present its report before the Gujarat magistrate concerned. It was the only case involving the riots that named Modi directly.

AYODHYA: The Supreme Court re-kindled the 60-year-old dispute when it stayed an Allahabad High Court judgment, calling it a “leap of faith”. The Supreme Court said it found it “strange and surprising” that the High Court had taken it upon itself to “partition” the site.

GRAHAM STAINES: The Supreme Court invited criticism when it confirmed the life sentence awarded to Dara Singh, who burnt alive the Australian missionary and his two sons in 1999. The court cited the reason that the intent was only to teach a lesson to the father about religious conversion. The court later suo motu deleted this portion from the judgment.

NITHARI: A bench led by Justice Markandeya Katju made a decisive comment when it observed that Surendra Koli “appears to be a serial killer”. The court went on to confirm the death penalty awarded to Koli.

EUTHANASIA: The SC for the first time allowed passive euthanasia “under exceptional conditions” and set down guidelines for it. The decision came in the case of nurse Aruna Shanbaug.

ENDOSULFAN: The SC banned the production and sale of endosulfan, a cheap but controversial agrochemical used by farmers, noting that the life of one child is more precious than all the financial losses that industry will incur.

BELLARY: The Supreme Court suspended mining in this district, saying miners’ “greed” has overshot the court’s efforts to balance environmental concerns and development.

2012

26/11: The final hearing on Ajmal Kasab’s appeal against the death penalty will start on January 31. The Supreme Court has suspended the death sentence, saying it would like to hear the plea at length as “due process of law” has to be followed.

AFSPA: The CBI has sought a clarification on the extent of immunity enjoyed by Army personnel under this Act and other laws for fake encounter killings. The agency wants the lifting of an SC stay on the trial in a J&K court relating to the killing of seven youths by the Army.

VODAFONE: A judgment is awaited on the Vodafone tax case, in which the company argues it is not liable to pay capital gains tax because the deal to buy Hutchison’s India operations was done overseas.

N-LIABILITY: A PIL on nuclear liability and safety of plants will be heard. The petition wants an independent safety regulator set up.

END OF TERM: CJI S H Kapadia retires in September.

Top 10 Indian bestselling business books of 2011! - From http://trak.in

2011-12-28T23:24:00.000+05:30

Top 10 Indian bestselling business books of 2011!:

'via Blog this'

A list of the top 10 bestselling books of 2011 in India would typically include the well known names of Chetan Bhagat, Amish and their likes. But a list of bestselling books in the business category is rare. Let’s take a look at the Top 10 business bestselling books in India in 2011, with a few picks from the Business Standard list of the same title.

The Winning Way

By Harsha & Anita Bhogle

A famous sports commentator (who is himself an IIM-A grad) and his IIM-A grad wife join forces to write a book about how businesses can take valuable lessons from sports about winning, loosing, combating and rising above from failure. Interestingly this book also marks 300 training workshops for ‘The Winning Way’ that the Bhogle couple have led.

ISBN - 9789380658322

Buy Now

Corporate Chanakya

By Radhakrishnan Pillai

The last few years have regenerated an interest in ‘Arthashastra’ written by the great mathematician, administrator and statesman Chanakya. R Pillai has presented his version of the simplification of the sutras, mantras and trade secrets that Chanakya has explained in his original epic. More like a corporate guide, Pillai’s simplified version gives tips on management, leadership and training.

ISBN - 9788184951332

Buy Now

The Habit of Winning

By Prakash Iyer

Here’s one more IIM-A grad who has jumped on the bandwagon of penning experiences based on his 25 year corporate career in which he sold everything from soaps to diapers. ‘The Habit of Winning’ is a mix about inspirational stories and real life incidents. From the Cola Wars to Michelle Obama’s brand management, these stories aim to inspire you to be a winner in everyday life.

ISBN - 9780143068280

Buy Now

The TCS Story & Beyond

By Ramadorai

It’s amazing to read a book written by a man who has maneuvered his way through an organization for almost 40 years. From the days of Y2K when TCS expanded its client base to the IPO of TCS in 2004 to the potential merger with Tata Burroughs to the large scale recruitments drives that TCS is now undertaking, Ramadorai narrates a great journey that you ought to be a part of.

ISBN - 9780670084906

Buy Now

I Have a Dream

By Rashmi Bansal

An MBA graduate from IIM-A herself, Ms. Bansal has already authored two bestselling books on entrepreneurship previously. While her first book talked about MBA graduates who jumped on the entrepreneurship bandwagon, her second book talks about non MBA graduates, her recently launched book ‘I Have a Dream’ talks about 20 idealists who become the change they want to see in the world.

ISBN - 9789380658384

Buy Now

Unusual People Do Things Differently

By TGC Prasad

This book makes for an amazing read because it collects the success stories of 65 varied and interesting people – from famous people like Azim Premji and Mother Teresa to a common realtor, a CA, an attorney and a sports coach amongst many others. The common denominator that Prasad points out in all these people is their ability to think out of the box and accomplish extraordinary things.

ISBN - 9780143416753

Buy Now

Uncommon Ground: Dialogues With Business And Social Leaders

By Rohini Nilekani

A philanthropist and a social activist by profession, Nilekani has penned this book based on interactions between business magnates and social leaders. Based on a TV show which she hosted in 2008, the book explores 8 major themes of polarization between business and voluntary social sectors. Capturing rare conversations between industry giants, Nilekani helps her readers realize that social and corporate developments inadvertently go hand in hand.

ISBN - 9780670085620

Buy Now

Poor Economics: A Radical Rethinking of the Way to Fight Global Poverty

By Abhijit V. Banerjee and Esther Duflo

Co-written by MIT professors, Poor Economics answers questions of whether a billion hungry people really exist or not, why the poor who don’t have enough to eat end up buying a TV, how having more children directly relates to poverty and so on. If you want to learn more about the economics of poverty, pick up this book which is also the winner of the 2011 Financial Times and Goldman Sachs Business Book of the Year Award.

ISBN – 9788184001815

Buy Now

Thorns To Competition

By Arindam & Rajita Chaudhuri

Although IIPM and its founders have undergone a lot of controversy for their institute offering MBAs, this book remained popular in 2011. With none less than SRK launching this book, the main theme is about the hard selling strategies of modern day marketing. Formulating an acronym for THORN (Target It Right/ Hit Where It Hurts / Obsess With It / Reinvent It / Nail It / Sell It), the book pretty much maintains aggression in marketing as its central theme – sounds familiar to what IIPM is doing, isn’t it?

ISBN – 9788125951940

Buy Now

Steve Jobs: An Exclusive Biography

By Walter Isaacson

Although this is not an Indian book, it has been a bestseller in India particularly because of the unfortunate death of Jobs, of course. Not much needs to be said about this book except that it is an absolutely stirring narrative of this creative genius. This book sold a little over 14,000 copies in its first week in India, compared with a massive379,000 in the United States.

ISBN - 9781408703748

Buy Now

Justice V G Sabhahit Dies in his Court Chamber

2011-12-14T23:47:00.000+05:30

Senior Judge of the High Court of Karnataka Justice V G Sabhahit died in his chamber at the court, following a cardiac arrest on Monday.

Justice Sabhahit, who returned to his chamber after completing court proceedings in the evening complained of chest pain. His staff immediately called the doctors who arrived at his chamber and suggested that he be shifted to the hospital at once. However, the hospital authorities declared him brought dead.

Justice Sabhahit, who was suffering from heart problems, had suffered two heart attacks earlier. Justice Sabhahit was born on November 26, 1955. He enrolled as an advocate in 1979 and practised in the High Court before he joined the Karnataka Judicial Service as district judge on April 18, 1988.

He was promoted to the cadre of district judge (super time scale) on November 22, 1995.

Sabhahit was appointed as additional Judge of the High Court of Karnataka in 2000, and was made a permanent Judge in 2001.

Several legal experts have expressed their condolences over the death of Justice Sabhahit.

Incidentally, Sabhahit’s father, G N Sabhahit, also a judge of the High Court had died in his chamber at the court.

Justice Sabhahit’s order pertaining to the disqualification of Ninge Gowda under the Panchayat Raj Act is considered a benchmark for disqualification cases.

News Source - http://www.daijiworld.com/news/news_disp.asp?n_id=124518

He was third in seniority among judges in the High Court of Karnataka.

Justice Sabhahit was in the limelight when eleven BJP MLAs had rebelled against B S Yeddyurappa in 2010. The dissident MLAs had approached the High Court of Karnataka where a specially constituted Bench consisting of Chief Justice J.S. Kehar and Justice N. Kumar heard the pleas of the BJP MLAs against their disqualification. The Bench heard their pleas and gave a split verdict with Justice Kehar upholding their disqualification while Justice Kumar was in favour of setting aside their disqualification.

The matter was then heard by a third judge, Justice VG Sabhahit who upheld their disqualification. Justice V.G. Sabhahit held that it was clear that the contents of the letter given to the Governor by the MLAs would lead to the inevitable inference that the intention of the petitioners was to voluntary giving up membership of the BJP.

Source - http://barandbench.com/brief/2/1904/karnataka-hc-senior-judge-vg-sabhahit-dies-of-cardiac-arrest-in-his-court-chamber

http://karnatakajudiciary.kar.nic.in/bio_data/sitting_judges/vgsj.htm

While Justice V G Sabhahit died after a cardiac arrest in the Karnataka High Court on Monday, his father, a former HC judge, too died while performing duty.

Justice Sabhahit’s father, G N Sabhahit, was a judge during Justice P C Jain’s tenure as the Karnataka chief justice (1986 to 1989). He had a heart attack while conducting proceedings and died in his chamber in the High Court.

Last year, Justice V G Sabhahit’s gunman Pandu died of cardiac arrest while on duty.

Justice Sabhahit hailed from the coastal town of Idugunji.

Justice Sabhahit was honoured with a state funeral on Tuesday with several dignitaries, including legal luminaries, paying their respects to him.

http://www.bangaloremirror.com/article/10/201112132011121323205276453ea26c8/HC-judge%E2%80%99s-father-too-died-in-court.html

Incidentally, the annual Late Justice G N Sabhahit Memorial Trust Lecture, was to be held at Karwar, in connection with which Justice V G Sabhahit had visited Karwar on the preceding Sunday.

Rich tributes were paid to the departed Soul, and native of Karwar district, by the Judges, DC, Advocates, and members of Karwar District Bar Association, at Karwar on Tuesday.

Are we a soft state?

2011-12-03T23:49:00.000+05:30

Are we a soft state?: 'via Blog this'

It’s been three years. The scars of a 60-hour-long terror siege which scripted a gory tale in blood are very much visible.
The unprecedented terror strikes on multiple targets across India’s financial capital -- carried out by ten trained Pakistani jihadis, executed by the Lashkar-e-Toiba (LeT) inside Pakistan -- snuffed out the lives of at least 166 innocent people and wounded more than 300.

Mumbai Police, Rapid Action Force personnel, Marine Commandos and National Security Guards performed their duties with remarkable bravery and professionalism in their battle with the terrorists. Fifteen policemen and two NSG commandos sacrificed their lives in the counter-offensive.

On the third anniversary of Mumbai terror attacks, let’s pay tribute to the unsung heroes and the victims.

Zero progress by Pakistan

Dossiers after dossiers were sent to Pakistan. Date after date was set for action against the perpetrators of Mumbai attacks. But, three years after 26/11, there is zero progress by Pakistan to bring the perpetrators to justice.

However, has India failed to bend Pakistan internationally? If so, blame it on the UPA leadership. Don’t forget this government shocked the nation by delinking terrorism from Indo-Pak composite dialogue in Sharm el-Sheikh in 2009. Early this month Prime Minister Manmohan Singh went on to describe his Pakistani counterpart “a man of peace”.

26/11 terrorists are having a field day

Three years after 26/11, Ajmal Amir Kasab, the lone terrorist captured alive is still facing a death sentence. The Bombay High Court upheld his death penalty, awarded by a special court in Mumbai. Last month, the Supreme Court stayed execution of the death sentence “to facilitate due process of law”.

The cost of keeping Kasab alive is as much as Rs 100 crore and counting.
a still awaits access to 26/11 plotter David Coleman Headley and his accomplice Tahawwur Rana, who are in FBI custody.

Hafiz Saeed, founder of Lashkar-e-Taiba, the mastermind of 26/11 attacks continues his anti-India rhetoric from inside Pakistan. However, Pakistan maintains that there is not enough evidence against him.

How prepared we are to tackle terror?

26/11 had laid bare an abysmal intelligence and a spineless security, which helped the terror siege to succeed. Three years on, is India alert and prepared to thwart future terror attacks?

After 26/11 attacks, there were six major bomb blasts in different parts of the nation. Compensations for the victims were announced. Probes were ordered. Sketches of the suspects were prepared. However, the investigative agencies are struggling to find a “conclusive lead” in most of the cases.

Terrorists come at their will, kill innocent people and disappear into their cubby holes. But so “efficient” our intelligence agencies are that they do not even find clues of their whereabouts! And hunt for the suspects goes on....

The intelligence agencies utterly fail to read the changing modus operndi of the terrorists. They fail to gather inputs to thwart future terror strikes. They are unable to prevent one attack after another. But what are the reasons?

There are serious problems in India’s intelligence matrix. First, the multiplicity of its structure leads to confusion. Second, there is lack of co-ordination between agencies. Third, a sizable chunk of intelligence and security officials are not professionally trained and equipped to carry out their tasks. Fourth, there is a gross disconnect between the Centre and the states in tackling terror. Fifth, there are huge vacancies in security and intelligence agencies which have not been filled for years.

The apex organisation for India’s intelligence is the Intelligence Bureau (IB) which has a cascading bureaucratic structure. The Research and Analysis Wing (RAW), on the other hand, deals with India’s external intelligence and works under a “cloak of secrecy”.

Several states have set up Anti-Terrorism Squad (ATS) to fight terror. All these intelligence agencies rarely share inputs, perhaps considering them as “highly secret”.

In the aftermath of Mumbai terror attacks, India has set up National Investigation Agency (NIA). This is supposed to be central agency to combat terrorism. But the agency is yet to build its capacity.

The proposed National Intelligence Grid (NATGRID), which aims at facilitating information sharing by security agencies and law enforcement agencies to combat terror remains a work in progress.

The National Technical Research Organisation (NTRO) which is supposed to gather “highly specialised technical intelligence” is almost defunct.

The National Counter Terrorism Centre (NCTS) -- modelled on United States -- the “nodal agency” for counter terrorism with representation from all security and intelligence agencies is yet to take its shape.

In that case, undertrained and poorly equipped state police machineries are often being used to investigate and respond to terror attacks.

Time and again several ideas were floated, various recommendations were made to revamp India’s security architecture. But nothing has changed. India’s intelligence and security agencies remain in their moribund condition, giving an edge to the terrorists.

This is in sharp contrast to the countries like US which succeeded in uprooting terrorism by enhancing their already organised security system. Post 9/11, America has set up a separate ministry called Homeland Security and enacted USA PATRIOT Act, helping the country to intercept and obstruct further terror strikes. So did Europe and Israel. But we couldn’t.

Surge in home grown terrorism

This is not to dispute that terrorism in India is emanated from across the border. But the cross-border terror networks work in tandem with the local terror elements.

In the last one decade there was a surge in home grown terrorism. More interestingly, the local terror elements are getting political patronage.

Lack of political willpower

The Congress-led UPA government’s track record in tackling terror is abysmally poor. At present, India does not have any proper anti-terror law. It was the UPA government which repealed Prevention of Terrorist Activities Act (POTA) in 2004 perhaps “to protect the rights of the terror accused”.

Remember, the government shamelessly went on to justify its move saying, “A tough law can’t prevent terror attacks”. But after 26/11, the government woke up from its slumber and amended the Unlawful Activities (Prevention) Act (UAPA), 1967, incorporating some provisions from the POTA. But the UPA so far has failed to explain to the nation why it is reluctant to bring a separate anti-terror law.

The immediate priorities

India is vulnerable to terror attacks. To fight terror, the country needs to strengthen its security and intelligence. The need of hour is to revamp border security, maritime security and aerial security. The nation needs a complete recast of its intelligence mechanism. There is a pressing need for stringent counter-terrorism policy and its implementation. In order to weed out terrorism from its roots, India needs to terrorise the terrorists and their sympathisers.

In the end, the one pertinent thought that resonates years after the 26/11 attacks is – Does human life count for even a little bit in India?

The government should act and that too fast.

First Published: Saturday, November 26, 2011, 21:17 in http://zeenews.india.com

Issues relating to pending cases not projected properly: CJI - Hindustan Times

2011-12-02T23:45:00.001+05:30

Chief justice of India S H Kapadia on Saturday said the issues relating to pendency and arrears of cases have not been projected properly giving a "totally wrong impression that there have been millions of cases pending". "The pendency and arrears of the cases have not been to the extent as projected," the CJI said on the occasion of the Law Day celebration.

He said he wanted to put the records straight and gave the figure of 56,383 matters as pending in the Supreme Court till November 1 this year.

Kapadia said arrears in high courts and subordinate courts are to the tune of 3.19 crore in which 74% cases are less than five years old.

The chief justice, who lauded the efforts of the apex court in the last one-and-half years in disposing of the cases, said there was a need to make distinction between the pending cases.

He said delay in the disposal of the matters was because of several factors like failure to remove the defects and objections by the advocates.

He said at present there are 40,000 cases which are pending in objection and some of them have been since 1994.

"There are 71% of the cases in which services have not been completed or defects have not been removed and they are not ready for hearing," the CJI said.

He said there are only 8710 matters which are ready for hearing.

However, he said even the ready matters cannot be taken tomorrow and "you have to give some time to us" as on an average 710 days are taken to complete one matter.

He said serious attention was needed for disposal of matters in High Courts and Subordinate Courts where 74% of cases are less than five years old.

source - http://www.hindustantimes.com/StoryPage/Print/774251.aspx

India’s Business Most Foul | GroundReport

2011-11-29T23:55:00.000+05:30

India’s Business Most Foul | GroundReport:

'via Blog this'

All those who are taking keen interest in anti corruption campaign in India must watch out the two high profile cases relating to Maran brothers; Kalanithi Maran and Dayanidhi Maran, sons for late Murosoli Maran, leader of the DMK party and nephew of DMK patriarch M. Karunanidhi.

While Kalanithi Maran runs the Sun TV, one of the largest media outlets in south India, his younger brother Daynanidhi Maran is into politics. He stepped into politics following the death of his father and was Union minister in the successive UPA government.

Daynanidhi Maran who held the telecom portfolio had to resign for his involvement in 2 G spectrum scam in which his successor A. Raja, is now behind bars for a considerable period of time.

Raja, who had succeeded Maran as the Union minister, is said to have favored Swan Telecom and the latter’s promoters had in turn given Rs 200 crore to DMK-controlled Kalaignar TV.

The same case has led to the arrest of Ms Kanimozhi, daughter of DMK patriarch, M Karunandhi, as headed the Kalaignar TV. The case is sub judice and trial is going on in the court of law.

Coming back to Maran brothers who have amassed huge fortune in just twenty years, their crime and corruption cases are a potboiler. The first case pertains to acquiring investments in the family business using political clout as a telecom minister 2005-06.

Mr. Dayanidhi Maran during his tenure as a minister ‘deliberately delayed' to provide letter of intent to telecom operator Aircel. In turn, he favored the takeover of the Aircel Company by the Maxis Communication, a Malaysian firm by clearing seven license and spectrum deals with the Maxis Communication.

It’s alleged that as a part of the deal, the Maxis Communication through its sister concern, Astro Network, made an investments of 550 core into Sun TV, owned by the Maran family. A FIR is registered by the CBI in this case and the matter is sub-judice.

Now its tussle between a business house having political clout and law enforcement agencies. The arguments and the counter arguments are being made in the court of law and one has to keep a watch on this story how it will play itself out.

The second case is much more interesting, where political clout was used to dupe the government’s exchequer to the tune of crore of rupees. Lo and behold Mr. Dayanidhi Maran after becoming the telecom minister, created a ‘virtual’ telephone exchange at his residence installing 323 residential lines at his home.

These telephone lines were taken in the name of BSNL General Manager and were connected from the minister’s residence to the office of Sun TV, owned by his brother Mr. Kalanithi Maran.

The connection was made through a dedicated underground cable for facilitating SUN TV’s special needs such as video conferencing and transfer of huge volume of digital data to other ports outside the country.

In the normal course, such services may have come for a heavy price, that has to be paid by the consumer to the government owned service provider, but it was almost free for Sun TV, because the lines were operated from the residence of the telecom minister.

Again, an FIR is registered in this case and the matter is sub judice. One has to keep a watch which on this story as arguments and the counter arguments is being made in the court. The two cases are well laid out, and it remains to be seen will it result into conviction of the accused.

There is much to dig into the business deal of the high profile political business house of South India. One of the most noticeable development was the acquisition of the Spice Jet, public carrier by the SUN TV. This happened so after Mr. Dayanidhi Maran became the telecom minister of India.

The allegation is that the huge money that was made to promote the idea of the license permit raj, was ploughed into the purchase of the aviation company and diversifying the business of the media outlet.

It’s obvious that the ledger books will tell the story of clean business operation, but those watching the developments from the close quarters do not rule out a possible scam.

Then the SUN network off late has also entered into the business of production and distribution of Tamil films. The business was run with the help of political clout and it was made a case of survival of the mightiest and all those into this business before had to vacate the scene because of such dirty business practices.

After the change of the government in Tamil Nadu, things are now looking up for better. The new regime has taken cognizance of the high handedness of the SUN TV, and cases are slapped on operational head running this business.

This business model of the Sun TV extended to having monopoly over cable business in Chennai. In order to have the monopoly, the cable business of the SUN TV used its political clout to subdue all the competitors.

Previously, the Rahija group controlled a part of the cable business in Chennai, but it had to give up, because SUN TV used all foul means, literally fighting a turf war to control this business.

After having the monopoly the SUN TV cable operator charged very exorbitant amount of money for airing new TV channels, discouraging them from doing from doing business.

After the new government has come to power, the situation is now changing on the cable scene. A It state run cable operation system is brought in to break the monopolist situation, but its having a tough time because Sun TV refuses to be part of this cable network.

This story may remain incomplete without the mention of Kalagnar TV, that was launched in the wake o of tussle between Maran family and M. Karunanidhi family.

The tussle broke out on the issue of the prices of the shares of Sun TV to the Karunanidhi family. The Maran bothers offered a very low price for the shares to Karunanidhi family who had substantial stakes in the Sun TV.

This led to the antagonism and a complete breakup between the two families. This led to the formation of Kalagnar TV, which is owned by Karunanidhi.

Even this was not tolerated by the SUN TV. Mr. Sharat Kumar who owned Gemini TV, a Tlegue channel, in partnership with SUN TV, was hired to head the Kalagnar TV, was physically assaulted allegedly by the Sun TV goons.

A case is registered and is pending the courts and it’s another story that instead of Maran bothers, Mr. Sharat Kumar is behind the bars in the 2 G spectrum case.

The other side light into Maran’s tale is the DTH service operation in India. The TATA sky had already git the license to do DTH business, but the telecom minister, Mr. Dyanidhi Maran opposed becoming a TATA’s a player in the DTH business.

A war of words broke out between them and it was reported in the media. Since, TATA’s had bigger financial clout and all India operation to run, the ambition of the regional player had to eat a humble pie.

Even though the acrimony faded into oblivion, it did led to the formation of another business the SUN DTH.

There is much to dig into the business operations of Maran brothers as they have many other hidden businesses not known to the public but it would suffice to say that this is not an isolated business model in India.

There are many business conglomerates who have charted out similar course of action to become and become rich, richer and richest.

For the theoreticians of business practices in India, there are two business models operational in this country.

One is to acquire business interest by fair and foul means and then acquire political power to protect the business and make it grow. The other model is first gain political clout and then become a corporate entity and flourishes under the political umbrella.

The two models are simultaneously at work in India. This is reflected in the ever growing number of Crorepatis MPs in the Indian Parliament. A cursory look at their profiles suggests that either they have taken the political route or the business route to amass such huge wealth.

Geared by Marxian ideology, to travel the distance in phases to achieve the goal of a utilitarian state, the politician after crossing the stage of acquiring political power get into the domain of building huge economic wealth. Similarly, businessmen after accumulating substantial wealth, get into the domain of accruing political clout. In this way they can get away with all their gory deeds and keep their business operation afloat.

However, the rule of the game is quite different. The businessmen normally take the protection of the political bosses by funding them and flourish in their businesses.

The political bosses on the other hand keep away from business activity because they have easy flow of cash. This arrangement seems to be working fine but is now becoming a slightly outdated for business practices in this country.

With change in business practices, the changing character of the Indian democracy is quite glaring. This development stare us on our face as we see the other side of India that lives on less than a dollar a day.

The conclusion drawn out of this discussion is the gap between rich and poor is becoming unbridgeable in this country.

---

Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted at syedalimujtaba@yahoo.com

Source - http://www.groundreport.com/Business/India-s-Business-Most-Foul/2942718

Reading habit

2011-11-27T23:58:00.000+05:30

Gandhiji, during his days in England for his bar-at-law course, meets a person called Fredrick Pincutt. This meeting is sought by Gandhiji himself to ascertain his readiness for practising law. In Pincutt's evaluation, Gandhiji's general reading was very meagre. He says every Indian should know Indian history in detail. He also tells Gandhiji that although this has no connection with the practice of law, he ought to know this because knowledge of the world is a sine qua nonfor a lawyer. This will help him read a man's character from his face. Pincutt was also surprised that Gandhiji had not read about the First War of Indian Independence. Gandhiji immediately realises the importance of what Pincutt said and humbly accepts that he has not had much supplementary reading.

When I acquainted him with my little stock of reading, he was, as I could see, rather disappointed. But it was only for a moment. Soon his face beamed with a pleasing smile and he said, 'I understand your trouble. Your general reading is meagre. You have no knowledge of the world, a sine qua non for a vakil. You have not even read the history of India. A vakil should know human nature. He should be able to read a man's character from his face. And every Indian ought to know Indian history. This has no connection with the practice of law, but you ought to have that knowledge. I see that you have not even read kaye and Malleson's history of the Mutiny of 1857. Get hold of that at once and also read two more books to understand human nature.' These were Lavator's and Shemmelpennick's books on physiognomy. Link

The reason for highlighting this incident from the Mahatma's autobiography is to emphasise the importance of cultivating the reading habit at a very young age to be successful in life.

Murali Pasupathy - http://www.thehindu.com/opinion/open-page/article2622218.ece

Public Law Symposium at NLSIU, Bangalore

2011-11-25T23:11:00.000+05:30

The National Law Schoolof India Review, the flagship journal of National Law School of IndiaUniversity, Bangalore is pleased to present the first NLSIRPublic Law Symposium to be held on 10 December, 2011 atthe National Law School campus. The theme of the symposiumis "Adjudication of Socio-Economic Rights by the Indian Supreme Court",an issue which has seen significant legal developments in the recent past. Thesymposium will be attended by renowned legal luminaries including JusticeMuralidhar, Mr. T. R. Andhyarujina, Mr. Shyam Diwan and Mr.Arun Kumar Thiruvengadam, amongst others.

The discussion will be divided into twosessions. In the first session (scheduled between 10.30 A.M.-12.30 P.M.) thepanel will discuss the substantive adjudication of socio-economic rightsundertaken by the Supreme Court concerning questions of the ever-widening ambitof Article 21 and the content of the new rights so evolved. The changing natureof the relationship between Part III and Part IV of the Constitution due tosuch expansion will form an important part of the session. The second session(scheduled between 1.30 P.M.-3.30 P.M.) will focus on the manner in which theSupreme Court has enforced these rights and consider the variety of proceduralinnovations employed for the same, including PILs and continuing mandamus.

The registration fee for the symposium is Rs.500 for professionals. There is no registration fee for students. All thoseinterested are requested to register their attendance at the following link:<https://docs.google.com/spreadsheet/viewform?formkey=dEdkRTJua21BY2R5Snh1UWl1QXRCREE6MQ>.

For any further details regarding thesymposium, please contact Krishnaprasad K.V. (Chief Editor, NLSIR) at+91-9916589670 or Ashwita Ambast (Deputy Chief Editor, NLSIR) at +91-9986478265or email us at mail.nlsir@gmail.com.

Googling Kent Walker By Martin Kuz

2011-11-24T23:04:00.001+05:30

Life as Google’s top lawyer is a crucible filled with extraordinary demands. He couldn’t be happier

Learning of Kent Walker’s duties as general counsel of Google requires little effort. Just Google “Google,” click the News tab and scan the headlines:

“China renews Google license amid censorship row”

“Google defeats Viacom in landmark copyright case”

“EU examines Google antitrust complaints ‘very carefully’”

“Google Faces Probe By States For WiFi Breaches”

The reports appeared over a three-week period in early summer and pertained to only a fraction of the company’s legal affairs, many more of which drew coverage in countless other articles. Few mentioned Walker. Yet while his name seldom surfaces in the news, he is one of the executives charged with upholding Google’s guiding principle: “Organize the world’s information and make it universally accessible and useful.” As he tells it, there’s nowhere he would rather ply his trade, largely because to work for Google is, in effect, to work everywhere.

“I find this a fascinating place to be,” says the 49-year-old Walker, who arrived at the company’s Mountain Viewheadquarters in 2006 after a three-year stint as eBay’s deputy general counsel. “We’re dealing with important issues with smart people in a way that we can have impact. That’s my definition of heaven. That doesn’t mean things are always calm and peaceful, but Google is in the middle of a really important and interesting discussion. It’s like the most interesting law exam you’ve ever taken—every day.”

His daily exam covers myriad practice areas: copyright, trademark, patent; privacy, defamation, obscenity; antitrust, competition, contract. The list goes on and wraps around the planet as Google confronts legal quandaries in countries from Australia to Austria, China to Chile, Turkey to Thailand. The company’s ever-widening presence obliges Walker and his legal team to deal with foreign regulators and courts, attempting to locate common ground between Google and governments in the digital frontier.

“There’s one Internet and 200-plus countries, each of which has its own rules,” he says. “We’ve been fairly strong [in asserting] that while a country may wish to impose some rules on content that’s provided locally, no country should be able to dictate the content of the global Internet. And this has been a point of friction with some countries that have been concerned that content they find objectionable is available anywhere on the Net. So that’s something we’re constantly trying to work through.”

No more so than in China, whose tense relationship with Google has attracted considerable media attention. In March, to bypass the government’s censorship of search results, the company began automatically rerouting users of its China-based site to its unrestricted site in Hong Kong. Chinese officials disapproved, and by late June, as Google awaited the Chinese decision on renewing its Internet content provider license, speculation simmered about who would acquiesce. The New York Times weighed in with an editorial, arguing that to allow censored search results “would make Google into an accomplice of China’s repressive government.”

In the end, the sides compromised. The company had its license renewed after changing the China-based site—its services are limited to music and product searches and text translation—so that users need to click a link to go to theHong Kong page. The truce enables Google to stay in China, the world’s largest online market with almost 400 million Internet users and counting, while still offering a portal to unfiltered searches through the Hong Kong site.

“People think of it as a China issue but it’s really a global issue,” says Walker, who describes Google’s approach to data availability as a three-way balancing act. “We’re trying to do the best we can to triangulate between making information universally accessible and allowing people to have free access to the Internet, the need to comply with local laws, and the need to keep our people safe and out of jail.”

So far, at least, the company’s employees have avoided incarceration, though some have endured questioning abroad, and in February, a judge in Italy convicted three of its workers of privacy violations, imposing six-month suspended sentences. (Google has appealed.) Italian authorities faulted the company for waiting too long to remove a video clip that showed a group of teens taunting an autistic boy even though Google took it down after receiving notice from law enforcement. Elsewhere, regulators preemptively blocked access to Google and its various sites, including YouTube, when they deemed certain content offensive. In the past few years, Brazil, India, Pakistan, Syria and Thailand, among others, briefly suspended Google’s services. Iran, Libya and Turkey belong to a small list of nations with active bans.

Overseeing the attorneys who protect Google’s interests across every time zone makes for an around-the-clock job. “You turn off the laptop at midnight and turn it back on at 7 in the morning and you’ve got a full inbox again,” Walkersays. He extols the company’s free-thinking, “bottom-up spirit” instilled by Google founders Sergey Brin and Larry Page, with whom he has frequent contact on all manner of legal matters. “I’ve seen engineers in their early 20s come into a senior management meeting and turn around the direction of the meeting because they had the right side of the argument or had an insight that no one else in the room had,” Walker says. “That’s a really exciting environment to work in.”

The ubiquity and deepening cultural influence of Google can obscure the fact that Brin and Page launched it only 12 years ago at Stanford University; true to the Silicon Valley startup mythos, their enterprise took root in a residential garage before expanding to offices. The company has since grown to 22,000 employees worldwide; one-third of them work at the so-called Googleplex in Mountain View. The Times once likened the expansive office park to “a bucolic and extraordinarily well-financed theme camp”—an effect enhanced by the prevalence of young engineers in T-shirts, jeans and assorted open-toed footwear.

A Palo Alto native who lives there today with his wife, Diana Walsh, a former San Francisco Chronicle reporter, and their three children, Walker grew up reading the science fiction novels of Isaac Asimov, Ray Bradbury and Robert Heinlein. The books appealed to him “not so much for the gee-whiz [factor] of things blowing up or action chases in space,” he says, “but because of the visions of how technology was creating interesting societies.”

He graduated from Harvard in 1983 and headed back West to attend Stanford Law School, where he co-founded the Stanford Law and Technology Association. The group’s initial purpose, Walker explains, was to delve into a question whose answer remains somewhat murky more than two decades later: “Is there such a thing as technology law?” After earning his J.D., he helped run the successful state Assembly campaign of Ted Lempert, a San Mateo Democrat, and clerked at the Howard Rice firm in San Francisco before joining the U.S. Attorney’s office there in 1990. During his five years as a federal prosecutor, he co-founded the office’s high-tech crime unit and handled scores of cybercrime cases, winning the conviction of notorious hacker Kevin Mitnick, whose illegal exploits inspired the 2000 film Takedown. In 1995, as the early strains of Internet fever spread through the Bay Area and Silicon Valley, Walker jumped to the legal staff of AirTouch Communications, a cell phone firm. His tech buzz intensified after he signed on as Netscape’s deputy general counsel two years later. “There was a sense of mission, excitement, newness that was intoxicating,” Walkersays of the company he remembers as “a magical place.” He stayed until 2001, when he joined Liberate Technologies, which had begun as joint venture between Netscape and Oracle to bring TV to the Internet which he wryly calls “a great idea—about five or 10 years too soon.” In 2004, following Liberate’s demise, he went to eBay, to a position that prepared him for the global legal practice he now manages at Google. (He declined to talk about ex-eBay CEO Meg Whitman’s bid for governor.)

If Walker’s lean, clean-cut appearance and polite manner lend him aspects of a Boy Scout leader, in conversation he comes across as a polymath. He cites Henry Ford and former President Theodore Roosevelt while talking about business innovation, discusses the theories of German sociologist Max Weber and Austrian economist Joseph Schumpeter, and offers his thoughts on The Rational Optimist, the recent book by Matt Ridley, a former editor with The Economist. He shows a similar far-ranging interest in sundry areas of the law.

“Kent gets excited by the complexities and nuances of issues,” says Donald Harrison, Google’s deputy general counsel in charge of its corporate and competition groups. “He would dive into every issue if he could, and I think sometimes it tears at him that he can’t. But he does a good job of finding the balance between giving people the tools they need to succeed and giving them the space they need to work.”

A business with an annual revenue of $25 billion tends to keep its legal counsel occupied. As Google brokered détente with China in early summer, authorities in the U.S., Europe and Australia began probing whether the company violated privacy laws by gleaning personal data from wireless networks while its Street View vehicles mapped roadways. (Google has stopped collecting Wi-Fi data and pledged to cooperate with investigators.) The company received better news when a federal judge in New York ruled in its favor in a $1 billion copyright suit brought by Viacom over the posting of clips from TV shows on YouTube. The judge agreed that Google complied with the Digital Millennium Copyright Act by promptly deleting the videos when notified by Viacom. Walker believes the decision, which Viacom has appealed, reinforces the protection of free expression online.

“If the ruling had come out the other way ... it would be like saying that the phone company was responsible for communication that went across its lines,” he says. “You would have created a regime in which companies had to vet and preview content before it was allowed up in a manual way”—a potentially crippling burden for YouTube, given that users upload in excess of 20 hours of content to the site every minute.

Facebook, eBay and Yahoo led an amicus brief on Google’s behalf in the case. Michael Callahan, Yahoo’s general counsel, has known Walker since his days at Liberate, and on occasion, as in the Viacom litigation, their respective employers find common cause. Yet even when opposing one another—Yahoo has objected to its rival’s efforts to establish a global digital library with its ongoing Google Books project—Callahan has appreciated his counterpart’s work. “What he brings to the table is raw intelligence, experience in a lot of different areas, and a very low-key, level-headed approach,” Callahan says.

The two attorneys were on the same side in 2008 as Google and Yahoo negotiated a limited search-advertising partnership. Pressure from U.S. Department of Justice regulators who saw the proposed deal as a step toward a monopoly compelled the companies to scrap it. Since then, as the company has expanded through its acquisition of mobile advertising firms, social search engines, online databases and other services (and in light of its proposed Net neutrality deal with Verizon), industry and government scrutiny of its business practices has intensified. Some competitors, notably Microsoft and AT&T, suggest Google has skirted antitrust laws. Earlier this year, the European Union opened an inquiry in response to allegations that the company, seeking to harm its rivals, lowers their rank in search results to deter online users from visiting their sites.

The criticism of Google runs counter to its mostly shiny public image and unofficial motto: “Don’t be evil.” Walkerregards the flak as a natural result of growth, and he characterizes the company’s contact with regulators in the U.S.and overseas as “very positive.” As for the complex algorithms that govern Google’s search rankings, he adds, “There’s never been any evidence that we let advertising results influence search results. ... If you want to rank high on Google, have higher quality content.”

Stanford economist Gregory Rosston, who specializes in antitrust and competition issues, credits Google with recognizing that with size comes skepticism from competitors and government officials. “They seem to be doing things in an open way,” he says. The strategy contrasts with that of Microsoft, perhaps Google’s most persistent detractor, which sought to impede regulators in the 1990s when they investigated the Seattle-based company for anticompetitive tactics. “Google seems to realize that the government isn’t just going to go away,” Rosston says.

Walker knows as much from his years as a federal prosecutor, and he exudes earnestness when he says, “I’m really committed that we’re doing the right thing here and helping people create, share and access new forms of information, entertainment and knowledge.” At the same time, while conceding Google commits mistakes, and despite those who doubt its motives, he considers it a force for global good. “The north star of what we do is to try to make things better for society,” he says. Or as one of his heroes, Theodore Roosevelt, said of those who cast aspersions: “It is not the critic who counts. ... The credit belongs to the man who is actually in the arena.”

Source - http://www.superlawyers.com/california-northern/article/Googling-Kent-Walker/a0fa051d-d7cf-40da-a063-25e015f9afd7.html

Draft Model Property Rights to Slum Dwellers Act, 2011 and Central Legislation for Street Vendors - Others News - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers

2011-11-16T23:11:00.001+05:30

Draft Model Property Rights to Slum Dwellers Act, 2011 and Central Legislation for Street Vendors - Others News - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers

Draft Model Property Rights to Slum Dwellers Act, 2011

The Ministry of HUPA proposed the strengthening of its Slum redevelopment strategy by working towards a slum free India, and assigning property rights to Slum Dwellers, under the Rajiv Awas Yojana(RAY). RAY proposes decisive action for inclusive urban development that acknowledges the presence of the poor in cities, recognizes their contribution as essential to the city's functioning, and redresses the fundamental reasons for inequity that ties them down to poverty.

The conferment of property title is a new direction for national policy that aligns national approach to the global practice. It sees ownership of property as the best investment in democracy, by creating for the household due space within the formal system, and thereby a vested interest in peace and legal order.

The Model law is aimed at bringing within the formal system, those who are forced to live in extra-formal spaces and in denial of right to services and amenities available to those with legal title to city spaces, and at correcting the deficiencies of the formal system of urban development and town planning that have failed to create conditions of inclusiveness and equity, so that, henceforth, new urban families, whether by way of migration or natural growth of population, have recourse to housing with civic amenities, and are not forced from lack of options to create encroachments and slums and live extralegal lives in conditions of deprivation of rights and amenities.

The Model law intends to enable the household to access the formal channels of credit; it draws the entire extralegal economy of slums out of the informal market; it enriches the slum dweller by giving him access to mortgageable rights for housing construction, and the formal economy by enabling a quarter of its population to participate in its growth. The importance that Central Government gives to this measure for inclusion and equity may be gauged from the decision to link central support for slum redevelopment with the empowering of the slum household with property rights.

The salient features of the Draft Model Property Rights to Slum Dwellers Act, 2011 are:

¨ Facilitation of inclusive growth and slum-free cities, to provide assured security of tenure, basic amenities and affordable housing to the slum-dwellers.

¨ Every landless person living in a slum area in any city or urban area on 4th June, 2009 shall be entitled to a dwelling space at an affordable cost.

¨ Every Slum dweller or the Collective of the Slum Dwellers shall be given a legal entitlement, which shall be in the name of the female head of the household or in the joint name of the male head of the household and his wife.

¨ Every slum dweller eligible shall be provided with basic civic services until the site for the dwelling space has been developed.

¨ The dwelling space so provided shall not be transferable but allowed to be mortgageable for raising housing loan, or in need to sell- but only to the Government or the Collective as the case may be.

¨ The dwelling space may be provided in-situ as far as possible, provided in cases on public interest they shall be resettled elsewhere.

¨ Constitution of a Grievance Redressal Committee for the purposes of resolving disputes in relation to matters about identification of slum dwellers.

¨ State Government shall prescribe and notify participative and transparent procedures for identification and periodic survey of slum dwellers for purpose of granting legal entitlement to slum dwellers.

¨ Establishment of City / Urban Area Slum Redevelopment Committee for implementing the provisions of the Act namely- to survey and make a list of slum dwellers, make an inventory of existing position regarding slum areas, formulate schemes for slum redevelopment/up-gradation/resettlement and for rental housing (including dormitories and night shelters) for the urban poor and slum-dwellers in-eligible etc.

¨ Establishment of a State Slum Redevelopment Authority (to be headed by the Chief Minister) to continuously monitor implementation of the Act and to recommend corrective measures wherever necessary.

¨ Emphasis on Community Participation by providing for establishment of Slum Development Committee for each slum area comprising of members for plan preparation, implementation, monitoring & evaluation, and post project maintenance.

¨ Power to acquire land for redevelopment/up-gradation and for resettlement under the Land Acquisition Act, 1894 as amended from time to time.

¨ Responsibility of the Government to prevent encroachment or of construction of illegal structures towards which necessary amendment to the Municipal and other Acts need to be undertaken.

¨ Civil courts not to have jurisdiction on matters for which the City/Urban Area Slum Redevelopment Committee, State Slum Redevelopment Committee, Grievance Redressal Committee, or the Tribunal is empowered.

¨ Power of the State Government to make rules on matters specified in the Act.

Credit Risk Guarantee Fund

To address the issue of credit enablement of EWS and LIG households, the Ministry proposes to create a Credit Risk Guarantee Fund Scheme (CGFS) under Rajiv Awas Yojana. The salient features of the proposed fund are as follows:

1. Under the Credit Guarantee Fund Scheme (CGFS) the Government of India will provide credit guarantee support to collateral-free / third-party-guarantee-free housing loans up to Rs.5 lakhextended by lending institutions for Low Income Housing.

2. The CGFS will cover the housing loans to EWS/ LIG borrowers for the purposes of repairs, home improvement, construction, acquisition, and purchase of new or second hand dwelling units, involving an amount not exceeding Rs. 5 lakh per loan.

3. The guarantee cover available under the scheme is proposed to be to the extent of 90% of the sanctioned housing loan amount for a loan amount of upto Rs. 2 lakh. And 85% for loan amounts above Rs. 2 lakh and upto Rs. 5 lakh.

4. To administer and oversee the operations of the Scheme, provision has been made for establishment of a Credit Risk Guarantee Fund Trust for low income housing (CGFT).

5. Rs. 1000 crores has been earmarked as an initial Corpus for CGFS.

Central Legislation for Street Vendors

The Ministry of Housing & urban Poverty Alleviation had come up with a new National Policy on Urban Street Vendors in 2009 after a comprehensive review of the previous policy.

The Policy underscores the need for a legislative framework to enable street vendors to pursue an honest living without harassment from any quarter. We had drafted a Model Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2009 and circulated to all States/UTs, requesting them to take a cue while legislating on the subject.

The progress on state legislation has not been encouraging. We are receiving continuous representations from the individual street vendors and their organisations to bring a central legislation which would be uniformly and mandatorily applicable to all the states and UTs. We are working to evolve and effective and practical central legislation for protection of livelihood rights and social security of street vendors in consultation with all concerned stakeholders including State Govts.

The bill would be based on the following basic principles.

· Legitimate street vendors are protected from harassment by police and civic authorities.

· Vending zones/spaces are demarcated for the street vendors. While demarcating the concept of traditional natural markets to be kept in mind.

· Adequate representation to street vendors and women in particular, is provided in the institutional structures created for ensuring proper implementation of the proposed law.

· A robust, effective and quick grievance redressal and dispute resolution mechanism is established.

Lessons from Maruti - from - Business-Standard.com

2011-11-15T23:43:00.000+05:30

Lessonsfrom Maruti:

'via Blog this'

The recurring labour unrest atthe country’s largest passenger car maker Maruti Suzuki clearly shows effectivedispute resolution should be a strategic priority for Indian corporations, sayanalysts. Four leaders present their views.

Engage the workforce

Rajeev Dubey
President, group HR & aftermarket sector, M&M

The main question is: How aware weare of the aspirations of the people who work for us. We have to listen to ourown people. The issues of operational efficiencies and cost competitivenesswill have to be married to issues of equity among employees.

The most important way to do thisis through dialogue. Companies should review if they listen enough to theirpeople and whether they consider the latter’s points of view or not. For amanufacturing company, there has to be the right amount of productivity to staycompetitive, but it can’t ignore the task of keeping the workforce engaged andmotivated with a sense of ownership in the company. Ownership among employeesprevents them from damaging the company in any way because they feel they areas much a part of its well-being as the top management.

That will come only when theybelieve they are being heard by their employer.

However, there is no magic wand forit. The main lesson that one can draw from a workforce-company face-off is thatthere needs to be more dialogue than what existed.

But a crisis such as a strike tendsto underline the fact that opening a dialogue overnight does not help. It hasto be done over time, as an exercise. Investing time in dialogue withemployees, including blue-collar workers, makes it easy to build a criticalfactor in employer-employee relationships — and that is trust. A sustainedtwo-way communication is a genuine way of understanding each other. Do thatover a period of time, and mistrust and misunderstandings will be taken careof.

The best way to build that trustthrough dialogue is by sharing the business plans with the employee on thefactory shop-floor or at the sales front-end. The yearly business plan, oncecreated by the leaders, will have to be translated into a cascading, buttwo-way communication, so that even the blue-collar workforce in the factoryunderstands what levels of productivity and innovation are needed of them toachieve the targets and why. They would want to work towards it — after all, itwill improve their livelihood as well.

But it is critical to leave achannel for them to contribute their ideas as well. It will give them the powerto co-create and feel a greater sense of ownership in the company’s future.This will depend on who conveys the business plan to the workers. Theshop-floor supervisor, for example, will have to be sensitised to listeningwell. Otherwise, how will the employees feel their voices are being heard? Ihave witnessed some of the best operational and even strategic ideas comingfrom blue-collar employees because they are closest to the scene of production.

A company can anticipate aworkforce crisis if it keeps its ears and eyes open. There have to bemechanisms such as listening posts within. Dialogue methods and listening postsshould include a two-way feedback system, training for the employees, and, ofcourse, sharing the company’s business plans.

The channels ensure that theemployer does not come across as insensitive and, at the same time, give theemployer ways to understand what could be ailing the employees. By conveyingwhat is critical in the company’s periodical business plans, the employees aremade to feel a sense of responsibility for the well-being of the place theywork in. Emails and memos are tools towards this end but the most vital tool isone-to-one conversation.

The problems of disconnect andmistrust can take certain forms for some companies, but they are issues thatriddle all companies today. Constant dialogue to work together to create asuccessful future is a sure-shot way of avoiding untoward distress.

Buildpsychological connect

Debi S Saini
Professor & chairperson, HRM Area, MDI, Gurgaon

The stock owners of Maruti Suzuki,its management, as well as those concerned with higher economic growth forIndia must have heaved a sigh of relief to see an end to the workers’ strike.The key issue was registration of trade union by workers of the Manesar plant.Such attempts in the private sector in India have almost always involved someacts of indiscipline on the part of workers concerned. Eventually, the centreof attention in this case as well shifted from the core issue of unionregistration to negotiating for having the dismissed workers back.

No doubt, violence of any kindcannot be accepted in a civil society, though often dispute resolutionprocesses in such cases take a more reasonable view of such happenings in theinterest of industrial peace, and thus condone such acts of indiscipline. Aviable solution to the Maruti Suzuki story needs a holistic analysis in view ofwhat is happening to the union movement globally as well as in India in thepost-globalisation era. Over the last two decades or so, the union density andreach have substantially declined globally. The International LabourOrganisation (ILO), the sole international custodian of workers’ rights, hasshifted its focus from ‘adversarial collective bargaining’ to ‘provision ofdecent work to men and women’ everywhere, as its main raison d’être.

The post-globalisation economiesare struggling with chaotic competition at the global level. Enlightenedemployers are competing with unions in wooing the individual worker to see thatsituations do not arise whereby s/he is compelled to go to the union for help.Rather, they want that the worker falls in love with the employee developmentagenda developed by the corporations themselves.

Despite the current peace atMaruti, there is no guarantee that the flare-up would not happen again. Thereare many reasons to support this thesis and therefore the management needs toprepare itself against such happenings. First, the Maruti management needs tobecome more aware of the writing on the wall, and not sit on its past laurels —the present victory and the year 2000 victory at the Gurgaon plant that had ledto the present compliant union there. Most workers at the Gurgaon plant areolder unlike the young Gen Y Manesar workers, who are less tolerant ifchallenged.

Second, the Indian democracy andConstitution guarantee to its citizens the freedom to form associations andunions. This right cannot be taken away from the Indian legal system, despitethe exigencies of faster growth, and younger workers do not fear being sackedfor making such attempts again. This happened in the case of Honda workers inJuly 2005 in the same region; their union has been openly supporting the Marutiworkers in the Manesar plant. In fact, it would not be wrong to say that therepeated unionisation attempt of the Maruti workers is inspired by the Hondaworkers’ success.

Third, there are strategic shiftsin managements’ approaches to handling industrial relations as they marchtowards a no-union or cooperative union model. I believe that an employer hasthe right to pursue a no-union model provided it successfully makes employees’worklife exciting, dignified and fulfilling, as is being done by severalleading companies today. Even some small Indian companies, like Classic Stripesin Mumbai with just 300 core workers, are successfully following a no-unionmodel not only with amazing success but also with exemplary respect from theworkers. This company came sixth in the recent best employer company survey inIndia, beating most multinational companies working in India.

For lasting cooperation, Marutineeds to train its line managers not just in grievance redressal but in caringfor and communicating with each worker from their heart so as to develop amongthem a sense of ownership. That would help strengthen a workplace culture thatrestores the workers’ pride and dignity. This task cannot be just episodic andleft to the HR department alone. The company needs to build a psychologicalconnect with each employee, and internalise a great deal of passion in itsemployee care programme so as to move away from any symbolism or neglect. Itmust have a comprehensive communication and human relations agenda touchingmost aspects of the workers’ lives and their families so as to bring thealienated workers back into the mainstream and on a path of commonality ofobjectives as a way of life.

It will take a while to build thatculture and will necessitate a long-term focus on training line managers insoft skills development. This role of the line managers should be written inthe managers’ key result areas for the purpose of assessing their performance.Let the workers feel from within, and not due to fear, that they believe in thecompany’s vision for their own benefit as much as for the company’s.

Learnto trust

Abdul Majeed
Auto practice leader, PricewaterhouseCoopers India

Companies today increasingly focuson market suppliers and financials while perhaps not investing much in labourrelations. On top of that, the labour laws are not fair and not balanced. Theytend to favour only one of the parties — the labour force. Once a manufacturingcompany employs a permanent staff numbering more than a 100 people, they becomebound by the inflexible labour laws. The employers cannot fire at will.

Before liberalisation, the bulk ofthe labour force was made up of permanent workers and a small fraction wascontract workers. But post-liberalisation, most manufacturers have opted forcontract workers to work around unfavourable labour laws. Now, almost 50-60 percent of the labour force comprises contracted and temporary workers formanufacturers, hired through contracting agencies.

These workers get only thosebenefits that the agencies think is fit to provide.

As a result, two classes within theworkforce are being created. The companies end up creating a complex supplychain of labour. It becomes the company’s prerogative to offer similar benefitsto both sets of their workers so that they don’t feel alienated. Handling thetwo groups of employees becomes a veritable challenge.

One of the ways to handle such ascenario is to invest in adding skills to the workforce, contract or permanent.Indian universities don’t impart the required practical skill-sets, as a resultmost original equipment manufacturers (OEM) in the automotive industry trainthem for a few months after employing them.

There is no evidence to suggestthat Maruti has given anything but best-in-class benefits to both the classesof workers. And their stand on not tolerating indiscipline is justified. Butthe problem was mainly due to each concerned party losing confidence in theother. With trust, an employer can make its employee understand the reasonsbehind a code of conduct and the employees would sign it voluntarily. The DNAof the company through its governance code has to be made clear.

Communicating well with thelabour-force is a sure-shot way of getting out of such face-offs. Because atthe end of the day there are no winners; the company loses, the employee losesand the government loses. Whatever is the issue, the confidence of the workersin the employer should not waver. Interventions from third parties could shakethe confidence levels of blue-collar workers, however. This was seen in theMaruti crisis. Blue-collar workers tend to get more emotional in their dealingswith their employer. They need to be addressed accordingly. They have to becoaxed to step into the management’s shoes and see their point of view. At thesame time, the management too should be able to empathise with them.

Most auto OEMs and component makersoperate on reed-thin margins of 2-3 per cent. And, when there is a liquiditycrunch, say after interest rate hikes, then sales take a beating. Theblue-collar workers have to be briefed and made to understand the industryissues. Regular sessions with them to explain the broader business environmentand hence, the limitations because of them, would inspire confidence and keepeveryone on the same plane of reference.

At the same time, automanufacturers ought to be wary of repeating the crisis in Detroit. That is,companies can't give away more than what they get. Hence, if the times aregood, they can afford bonuses etc. But if the times are bad then they wouldneed to scrimp. Their workforces would have to be sensitised to suchpredicaments.

Another proactive step could beauto manufacturers telling their contract workforce: “We will pay you more orincrease benefits if you can improve your skills,” and create ways for them todo that, say, through training. However, nothing can replace the mantra of‘communicate, communicate and communicate’.

The labour laws together make for atime bomb. Crises such as the one at Maruti get more difficult with politicalintervention by groups who are none of the immediate parties concerned.Manufacturers are still intent on setting shop in India because our market istoo large to ignore. However, the unstinting labour laws could eventually seecompanies setting up factories in nearby countries to feed the Indian demand.

Beproactive, not reactive

Michael Dias
Secretary, The Employers Association, Delhi

Recent newspaper reports indicatethat Maruti Suzuki India has finalised a deal with the Gujarat government toset up a manufacturing plant in the Mehsana district. Whatever may be theprovocation for the shift in the manufacturing base from the state of Haryanato that of Gujarat, it should be clearly understood that the Indian workerworking in any part of the country shares a common psyche and, of course, isgoverned by a common law, even though labour laws fall in the domain of theConcurrent List of the Constitution of India.

That being so, the moot question iswhy did the strike take place in the first instance, given that the company hadexperienced labour strife at their Gurgaon plant just a couple of years ago. Ananalysis of the current problem takes us to December 2010 when, according to amanagement release, “A handful of Manesar plant workers started a negative andsecret effort to de-stabilise the Maruti Udyog Kamgar Union (MUKU). They joinedhands with external elements to form a separate union at the Manesar plant,thereby negatively impacting the environment at Manesar Plant. The young andinexperienced workmen population became easy prey to these negative workmen.”

Going by this version, is it thecontention of the management that it was unable to effectively deal with ‘ahandful’ of workers at the Manesar plant? Also, what makes the Marutimanagement believe that the MUKU alone can articulate the needs of the Manesarplant workers? This approach is flawed as it goes against the fundamentalprinciple of freedom of association. The Trade Union Act, 1926, clearlyreflects that there is no legal prohibition with regard to the number of tradeunions that may be formed or may exist in an establishment.

The first flash strike by workmenbegan on June 4, 2011. The contention of the management was that it was withoutany valid labour issue or demand charter. There would obviously be none becausethe strike was not for higher wages or better working conditions per se.Workers struck work at Manesar demanding that the company recognise a separateindependent union besides reinstating the workmen dismissed on allegeddisciplinary grounds.

The matter has been concludedthrough a settlement dated October 19, 2011. A key provision in the settlementis the constitution of a Workers’ Welfare Committee in the company. Clause 5 ofthe said agreement provides for a Grievance Redressal Committee under Section9-C of the Industrial Disputes Act, 1947. The Section mandatorily provides forthe setting up of a Grievance Settlement Authority in an establishment. Hadthis legal provision been complied with, the contention of the management that“the young and inexperienced workmen population became easy prey to thesenegative workmen” would have been adequately dealt with.

Before concluding, it is importantto discuss the role of the labour officials who play a pivotal role in ensuringharmonious employer-employee relations in the industrial estate. Gurgaon, forinstance, has just six-seven labour inspectors. As things turned out, theassistant labour commissioner of Gurgaon is, in fact, a top official with HUDAand is kept busy with HUDA issues.

The issue of contract labour,unfortunately, has not been adequately addressed in this entire episode. Itneeds to be understood that contract labour, in the Indian context, is notcheap labour. It is here to stay, provided that contract labour, as the ILOurges, is provided “decent work”. The decent work agenda of the ILO, which theIndian government professes, appears to have faltered in the engagement of contractlabour at the ground level. This is an important issue that needs to beaddressed as a national agenda since the existing statute on the subject,namely, Contract Labour (Regulation & Abolition) Act, 1970, is woefullyinadequate to meet the challenges of production in the 21st century in order tomake India the world’s manufacturing hub, even ahead of China.

The Ministry of Labour &Employment needs to diligently address this issue. Regrettably, the StandingLabour Conference held at New Delhi on October 17, 2011, where the agenda forthe Indian Labour Conference to be held early next year was finalised, did nothave contract labour on its agenda. Does it mean that the ghost of the Marutiagitation will continue to haunt other industrial hubs across the country?

Nigerian 'baby farm' raided – 32 pregnant girls rescued | Law | The Guardian

2011-11-14T23:51:00.000+05:30

On the occasion of Children's Day, when we are engaged inextolling the virtues of our 'Leader' who brought Children's Day in Fashion, Nigerian'baby farm' raided – 32 pregnant girls rescued | Law | The Guardian:

'via Blog this'

Nigerian police have raided analleged "baby farm" where teenage mothers were forced to give uptheir newborns for sale to human traffickers.

Thirty-two pregnant girls were rescued from a maternity home runby a trafficking ring in the southern city of Aba, police said.

The girls, mostly of school age, were allegedly locked up at theCross Foundation clinic so they could produce babies to be sold for illegaladoption or for use in ritual witchcraft.

Bala Hassan, the Abia state police commissioner, said: "Westormed the premises of the Cross Foundation in Aba three days ago following areport that pregnant girls aged between 15 and 17 are being made to make babiesfor the proprietor.

"We rescued 32 pregnant girls and arrested the proprietor,who is undergoing interrogation over allegations that he normally sells thebabies to people who may use them for rituals or other purposes."

Hassan added that four babies, already sold in an alleged dealbut not yet collected, were also recovered in the raid.

Estimates of the girls' ages varied. Geoffrey Ogbonna, anotherpolice spokesman, was quoted by CNN: "There are about 30 pregnant youngladies; the eldest was 20 years old. Some belong in secondary, even in primaryschool."

A doctor arrested at the clinic said the babies had been handedover to social welfare for adoption.

Some of the rescued girls told police that the hospital ownergave them $192 (£118) for newborn boys and $161 for newborn girls after theywere sold.

DrHyacinth Orikara, proprietor of the Cross Foundation, is likely to face chargesof child abuse and humantrafficking, police said. Buying or selling babies can carry a14-year jail sentence.

Orikara, reportedly a university graduate and employee of theAbia state health management board, denied the allegations, claiming the homewas a foundation to help teenagers with unwanted pregnancies.

Humantrafficking is ranked the third most common crime in Nigeria -after financial fraud and drug trafficking - according to Unesco's report on human trafficking inNigeria. At least 10 children aresold every day across the country, according to the UN. Traffickers are seldomcaught.

Babies are sold for up to $6,400 each, depending on the sex, theNational Agency for the Prohibition of Trafficking in Persons says. Teenagerswith unplanned pregnancies are sometimes lured to clinics and then forced tohand over their babies.

The children are often put up for illegal adoption or, in someparts of the country, killed as part of witchcraft rituals because they arethought to make charms more powerful.

The police carried out similar raids on such clinics inneighbouring Enugu state in 2008.

ANigerian woman was jailed in Britain three years ago for trying to smuggle a baby into thecountry in order to get on the list for a council flat.

• This article was amended on 3 June 2011 to include a referenceto the Unesco report on human trafficking in Nigeria.

News Article by / in –

· David Smith in Johannesburg

· guardian.co.uk, Thursday 2 June 2011 16.12 BST

2G telecom trial begins - A National Spectacle

2011-11-11T23:28:00.000+05:30

2G telecom trial begins - the Hindu

The day one of trial in 2G spectrum allocation case on Friday witnessed unprecedented crowd of lawyers, kin of the accused and scribes in the courtroom, which irked the judge after defence counsel protested the holding of the proceedings in the cramped courtroom.

“I had already repeatedly requested you (counsel) all not to create such a crowd in the court room. But you are still not adhering to my suggestions,” Special CBI Judge O. P. Saini said.

The judge, however, said he does not want to blame anyone for the crowd and asked everybody not to come near the dais as it would create problems in smooth conduct of the proceedings.

The court’s remarks came after defence counsel Majeed Memon, advocate Ramesh Gupta and others complained they are unable to hear the proceedings and deposition of witnesses due to the presence of a large number of people inside the courtroom.

“In this mess, the trial cannot proceed. We are not able to hear what witnesses are saying in the court. If we are not accommodated properly in the tiny courtroom, how can we proceed with the trial?” Mr. Memon told the judge.

Other defence cousnel too joined the chorus and said it was not possible to hold the trial in the packed courtroom and complained of extreme humidity and power cuts.

The judge, however, told everyone present in the court room to make space for the counsel near the dais so that they could proceed with the trial.

The accused sought to shift the entire blame for overcrowding on mediapersons but the judge said he could see more lawyers in the courtroom.

“I can see only lawyers near the dais. I cannot identify any mediaperson,” he said.

Also from First Post.com :-

Dressed in a pale-yellow shirt, the be-spectacled 40-year-old assistant vice-president of Reliance Capital, Anand Subramaniam, the first prosecution witness to depose in the highly anticipated trial of the 2G case, said in the court today that—”He had never got an occasion to work”—with the three Reliance ADAG executives — Hari Nair, Surendra Pipara and Gautam Doshi. The three are accused in the 2G case.

However, his statement to the CBI, quotes him saying that he had given a letter on 1 March 2007, to HDFC bank, Fort Branch, Mumbai on “telephonic instructions of Sh. Hari Nair, the Company Secretary of M/S Swan Telecom Pvt Ltd”.

Subramaniam’s statement to the CBI was recorded under Section 161 of the Criminal Procedure Code and he is not legally bound by it.

The 1 March 2007 document that was shown to Subramaniam by the CBI counsel in court was a covering letter to the account opening form, which is of M/s Swan Telecom (P) limited, in HDFC Bank, Fort Branch, Mumbai.

Subramaniam is one of the three signatories to that account opening form and also to the covering letter that was addressed to HDFC bank.

In a departure from the CBI’s recorded statement, he said that he “did not recollect as to under whose instructions I signed this letter”.

“I signed documents Ex PW1/A and 1/B (referring to the account opening form and the covering letter, respectively) as there was a board resolution in our favour including myself.”

Subramaniam remained expressionless through out what must have been a back-breaking day as he stood through five hours of questioning, first by the CBI counsel and then the cross-examination by the defence lawyers.

When asked by the CBI counsel to identify a bank account number on the 1 March 2007 letter, he said, “I am unable to tell as to which company this account number belongs to, but the last four digits ’1874′ are similar to an account of Reliance Communication Ltd.”

Subramaniam during his cross-examination by defence lawyer of RK Chandolia, the private secretary to former telecom minister A Raja, stated that he was contacted by CBI in early March 2011 and that he received notice in early March.

“My statement was recorded within a week of the receipt of that notice. My statement was recorded in one sitting alone. The statement which was signed by me, copy thereof was not given to me by the CBI. I did not sign any statement.”

Former telecom minister and accused number one in the 2G case, A Raja, caused a minor commotion in the courtroom by filing an application refusing to participate in the trial, given, his lawyer said, that the investigations were ongoing.

His lawyer refused to cross-examine the prosecution witness Anand Subramaniam, while asking for reserving the right to recall the witness for cross-examination at a later stage. The judge duly rejected the application.

The defence lawyers called Raja’s application ‘ridiculous’, stating that Raja, was the first accused and that all charges emanated from him.

Special CBI judge OP Saini called on Raja before the witness stepped down asking him whether he would like to cross-examine the witness or whether he stood by his advocate. “I stand by my advocate,” stated Raja, who was spotted on more than one occasion dozing off, during the court proceedings.
The sight of Raja taking a nap in court led one the counsels for the CBI to quip that “this was the first time he had seen Raja doze off in court. He must be really tired.”

The lack of air-conditioning due to a power cut in the over-crowded courtroom also caused a stir with some lawyers complaining to the judge about the poor conditions in court. Some lawyers also appealed to the media to raise the issue.

There was a futile request by lawyers to shift the trial to a bigger courtroom.

By the time the next prosecution witness, Reliance ADAG president AN Sethuraman took to the witness stand it was late afternoon. He described his role in the ADAG as “looking after relations of entire ADA group with the Central government”.

He said he knew the three accused Reliance ADAG executives. The 59-year-old, dressed in a white striped shirt, stood with folded hands, as the CBI counsel questioned him for more than an hour.

The defence lawyer for Hari Nair objected Sethuraman being questioned about a document (a forwarding letter dated Januray 23/25, 2007, addressed to Department of Telecommunications which was application for the UAS licence for Jammu and Kashmir Service Area) as it was before the ‘period of conspiracy’ which according to the charge was between August/September 2007 and August/September 2009.

The judge, however, kept the objection open to be decided at a later stage, allowing the CBI counsel to carry on with his line of questioning.

The hearing was deferred as court time was over at 4 pm. Vinod Kumar Budhiraja, chief regulatory officer of Etisalat DB Telecom official, was the third prosecution witness who was summoned today.

The court was adjourned till Monday (14 November).

Judiciary must chew on its ills this recess : Rajeev Dhavan News - India Today

2011-11-09T00:36:00.000+05:30

Judiciary must chew on its ills this recess : Rajeev Dhavan News - India Today:

'via Blog this'

From 14 May 2011, the Supreme Court will go into recess. Some lawyers will take a small break and seek money elsewhere. Some judges will holiday. Like last year, Chief Justice Kapadia may tour his registry to make minor changes, effective from July. The high courts vacation at different times. The lower judiciary rarely vacations. This huge jumbo of a judiciary, which is quite capable of running amok, invites indifferent attention during recess.

I was in Pakistan on the 22nd April weekend where lawyers and judges from all over met at their grand Supreme Court building to reassess their work. In addition to the few speeches, there were hard- hitting exchanges. Particularly memorable was a speech of the Chief Justice from Peshawar on corruption. Incisive interventions were made by Asma Jahangir, President of the Supreme Court Bar. We had frank exchanges with Chief Justice Iftikar Chaudhury. Most significantly, the Chief Justice of Pakistan released a book of judicial statistics.

Lessons

The Indian judiciary is the most secretive institution of Indian governance. When I wrote my five books on the Indian Supreme Court, judges like D. A. Desai leaked monthly statistical data to me. Later, Chief Justices Punchhi, Ahmadi, and Balakrishnan denied data and Chief Justice Sabharwal was more willing to give information than his registry.

What did I do? I found that from 1990 or so, foreign scholars got information which they parted with in exchange for my volumes.

The practice of the British Raj required all high courts to publish detailed data on all courts in their jurisdiction. I found that all these splendid publications stopped during the Emergency. As an MP, Fali Nariman proposed a Bill to make publication of statistics mandatory. Law minister Bharadwaj shot this salutary proposal down! Why? Secrecy for its own sake! We need vital information about the judiciary. We have a lesson to learn from British practice and Pakistan's innovative initiatives. For the period 1950- 75, I was able to examine the litigation trend in UP in every court. Prof. Moog from America wrote engagingly on this. Beyond routine information, more was available with the help of small coaxing bribes ( if tea and rasagollas are bribes).

There are two lessons to be learnt from Pakistan. First: an annual national meeting of judges and lawyers to discuss the judiciary. In India, what we have is a Chief Justices' conference in the autumn where High Court judges lobby each other and Supreme Court judges for promotion. Second: Data on work flow, budget, and staffing should be published. Chief Justice Kapadia should lead by an annual publication on the Supreme Court on this. The High Courts should follow. The information on the websites is grossly inadequate.

No less important is the issue of renewal. Good judges and lawyers must be replaced by equally good, if not better, ones. Apart from an existing vacancy, seven judges retire this year ( Ravindran, Katju, Bedi, Sirpurkar, Reddy, Panchal, Sharma). Some are very good. The bar regrets the loss of some. If Katju stands in a class of his own, it is because he has converted his court into entertainment - playing T- 10 or even one- ball- cricket, despatching each ball to the boundary.

He can be forgiven for his penchant for drama and lack of etiquette. But he cannot be forgiven for converting the court into a circus. He is truly irreplaceable.

But what of the others? India's appointments to the Supreme Court are made on a formula of seniority and the whim of a judicial collegium of senior judges.

Appointments

This can be so invidious that even the distinguished Justice Jeewan Reddy confided that when he was a sitting judge he learnt of appointments from corridor rumours and the media the next day! In 2011, American scholar George Gadbois's book, Judges of the Supreme Court of India 1950- 1989 , reminds us that for those decades merit and not ' just seniority' was the criteria for appointing judges other than the Chief Justice. Between 1950 and 1989 only 46.7 per cent Chief Justices from high courts reached the Supreme Court and 6.7 per cent had retired from the high court when appointed to the Supreme Court. Judges who were second in command in the high court were 14.4 per cent and the third, fourth and fifth were 25.3 per cent. This mix of seniority and merit achieved outstanding results.

Today, chief justices of high courts alone are lined up for consideration.

Whim rather than worth is the criteria for selection. The problem arose after the Supreme Court collegium stole exclusive power for itself in 1993 and 1998. After the recess, Chief Justice Kapadia should hear the pending petition to dismantle this invidious whimsical system. Let us have the best of the best but not this poor combination of seniority and whim. Today, some appointments from the Bar are being held back for fear that candidates may become Chief Justices of India. The Court is being spoilt for mediocrity.

To turn to the Bar. The Supreme Court Bar Association is in a shambles. In 2011, infighting resulted in total paralysis. The ebullient Ram Jethmalani took over by doubtful methods. He is now facing an election against a field of well trodden hacks who suffer from social diseases such as " chairmanitis" and " committeeitis". Voting is done by faction. Some advocates have corrupted the electorate by paying for enrolment. Some junior members have made elections their prime objective in life rather than good lawyering. Will Jethmalani, who deserves to win, ride the crest of this nonsense or will he reform it?

Agenda

New lawyer entrants to the bar are generally good but badly paid. Some turn to sharp practices. Many deservedly excel.

But Supreme Court litigation is overpriced by its senior lawyers. Pakistani lawyers were surprised to learn of our fee structure. In addition to the heavy paying corporate, business and commercial sectors, insisting on heavy fees from civil servants perpetrates corruption. There are two other sectors of Supreme Court practice.

The PIL sector, with its flair for self publicity, brings fame and fortune to those involved in it. But there is also the ' poor' sector. The Supreme Court's legal aid system is one of the worst in the world - usually represented by incompetent counsel. The Supreme Court's lawyering can be brilliant- but it is without mercy with an inchoate sense of justice. It is a money machine that hits the roof. Does anyone care? The Supreme Court is still doing interesting things. It does a vast amount of unrecognised decision making in ordinary cases. But its public law litigation is famous. Pre- Emergency, it was a haven for corporates. Post Emergency, it intervened for social justice, then the environment, and then against corruption - with lawyers and judges playing to the gallery.

Various proposals must be seriously considered: (i) a machinery to deal with complaints; (ii) making the retirement age of High and Supreme Court judges uniform at 65; (iii) creating a court of appeal for ordinary cases and a Supreme Court for all public law and constitutional cases; (iv) publishing statistics; (v) altering the appointment system.

The lesson for this recess is the Socratic Gnothi Seauton ( know thyself) - even if, in Yeats' words: " The best all lack conviction, and the worst are full of passionate intensity."

Read more at:http://indiatoday.intoday.in/story/judiciary-must-chew-on-its-ills-this-recess/1/137526.html

Indian tops Oxford post-graduate law course - The Times of India

2011-11-07T23:50:00.000+05:30

Indian tops Oxford post-graduate law course - The Times of India:

'via Blog this'

BANGALORE: An alumnus of National Law School of India University (NLSIU), Bangalore, topped in Oxford University's postgraduate programme.

Niranjan V, a Rhodes scholar, had opted forBachelor of Civil Law course. He beat 150 classmates to top in, what he said, is one of the most "demanding programmes in the world". He topped in three of the four courses, including Conflict of Law, Restitution, Personal Taxation and Law of Evidence.

"It was lot of hard work, but enjoyable nonetheless. The course is so well taught that even the enormous workload becomes a pleasure. I was happy with my choice, it was what I wanted to do. It did not feel like an ordeal. I came down to India only once for 10 days during Christmas. The rest of the vacation was spent in studying," Niranjan told TOI from Chennai.

The result was a pleasant surprise for Niranjan. He learnt about his result after he returned to India. "The stint there was absolutely incredible. It was an intellectual exhilaration. You learn each subject in detail and in much depth. It's not just policy-oriented law, but what a barrister interested in litigation would want to read. I interacted with the best minds in the field there, like Lord Hoffmann,'' he said.

Niranjan had always dreamt of studying litigation in Oxford for the university's close relationship to litigation. "There is an inexplicable joy in arguing law. Litigation is an area where one gets to deal with legal reasoning. Every time you get a case, you can make legal arguments that have not been made before," said Niranjan, who participated in moots at NLSIU. He is grateful to NLSIU which helped him build a 'great' platform. "I was already exposed to some aspects of English law at NLSIU. I had a strong base. At Oxford, people are familiar with NLSIU as every year there are Rhodes scholars from the institute," he said.

Niranjan, son of a chartered accountant, is working under a senior advocate in the Madras high court and thoroughly enjoying it.

Karnataka CID chargesheets Sharad Pawar’s nephew in mining scam - Mumbai - DNA

2011-11-06T23:21:00.000+05:30

Karnataka CID chargesheets SharadPawar’s nephew in mining scam - Mumbai - DNA:

'via Blog this'

The crime investigation department (CID) of theKarnataka police on Thursday chargesheeted Pune-based Metachem ManufacturingPvt Ltd (MMPL), which is stated to be owned by Jayant Pawar, nephew of Unionminister, Sharad Pawar.

The 10,000-pagechargesheet alleges that Metachem had stored its iron ore in the jettybelonging to Adani Mining, at Belikeri port in Dakshina Kannada district. LokAyukta sleuths, who raided the port in March 2010, had attached the stockpilesin that jetty.

When the companyclaimed ownership of the stockpile, the Lok Ayukta had asked the company toproduce passes, permits and other documents to claim ownership.

Instead, the companysold the stockpile to a certain DB Group based in Belgaum, the chargesheetclaims.

Lok Ayuktaofficials from Udupi had confiscated 8.05 lakh tonnes of iron ore belonging toMMPL, which sold 7,312 tonnes to Belgaum-based DB Brothers, for which the buyerdeposited Rs3.79 crore in the Saraswat Co-operative Society account of MMPL inSangamwadi, Pune.

According torecords available with the Lok Ayukta police, Jayant Pawar was issued noticestwice by the Lok Ayukta police, but he had not reacted. In response to noticesissued to 53 other companies, they had all assigned an official each andsecured anticipatory bail from a court.

Sources in the CIDtold DNA they have chargesheeted 24 companies in an Ankolacourt, out of a total of 53 firms that are facing charges of theft of ore andits illegal export

Chargesheet against Adani Enterprises

A CID team headed by SP Bhemaiah and DySPMuddumahadevaiah submitted a charge-sheet containing 75 files against AdaniEnterprises at JMFC Court at Ankola on Friday. Thecharge-sheet was submitted in connection with missing iron ore fine which wasseized earlier by the forest department at Belekeri port in June last year. Thecharge-sheets were also filed against 26 companies dealing with AdaniEnterprises.

Since JMFC of Ankola was on leave, the CID teamtook the permission of JMFC, Kumta to file the charge sheet at Ankola Court.

It may be recalled that the CID had already filedcharge-sheets against Salgaonkars and the Rajmahal Company in the court on similarcharges. With this only Mallikarjun Shipping, which was operating at Belekeri,remains to be charge sheeted by the CID.

Itmay also be noted that earlier the CID had filed charge-sheets against all thefour companies in the court. However, the court had rejected them on thegrounds that they were incomplete.

Headway in iron ore theft case

The CID filed a revisedcharge sheet in Ankola JMFC court in connection with the iron ore theft case inBelekeri port of Uttara Kannada district.

The team led by CID SP KP Bheemaih and Dy SP Muddumahadevayya, filed the revised charge sheet of 8,150pages, against Salgoankar and other four export companies. The court hadrejected the previous charge sheet filed against these companies for technicalreasons and unclear information.

The court had directedthe CID to file a new charge sheet with all details. CID sources said thecharge sheet against other companies will be filed soon.

More news on this topic here -

http://articles.timesofindia.indiatimes.com/keyword/belekeri-port

Cyber Safety - Aspects to Remember

2011-11-05T20:53:00.001+05:30

. General Guidelines On Cyber Safety :

Do not give out identifying information such as your name, home address, or telephone number in a chat room. Even vital details like age, gender should never be divulged to anyone.

Do not send your photograph to any one on the net unless you know the person well enough.

Do not respond to messages or bulletin board items that are obscene, belligerent or threatening.

Never arrange a face-to-face meeting with someone who you have just ‘met’ on the Internet. In case you have to meet this person, make sure you have someone with you for the meeting. And inform someone of the person and place you will be going to. Remember, people online are not always who they seem to be.

. Email Safety :

If you ever get an email containing an embedded link, and a request for you to enter secret details, treat it as suspicious. Do not input any sensitive information that might help provide access to your bank accounts, even if the page appears legitimate. No reputable company ever sends emails of this type.

. Virus Warnings :

Virus warnings are a very common occurrence in the mail box. While you shouldn’t take these warnings lightly, a lot of times, such warnings are hoaxes and will do moe harm than good. Always check the story out by visiting an anti-virus site such as McAfee, Sophos or Symantec before taking any action, including forwarding them to friends and colleagues.

. Guidelines To Make Your Child's Internet Usage Safe :

By taking responsibility for your children’s online computer use, parents can greatly minimize any potential risks of being online.

Make it a family rule to never give out personal information - home address and telephone number - while chatting or bulletin boards (newsgroup), and be sure you’re dealing with someone that both you and your child know and trust before giving out this information via E-mail.

Be careful before revealing any personal information such as age, marital status, or financial information while chatting.

Never post photographs of your children on web sites or newsgroups that are available to the public.

Consider using a fake name, avoid listing your child’s name and E-mail address in any public directories and profiles, and find out about your Internet Service Provider’s privacy policies and exercise your options for how your personal information may be used.

Get to know the Internet and any services your child uses. If you don’t know how to log on, get your child to show you. Ask your child show you what he or she does online, and familiarize yourself with all the things that you can do online.

Never allow a child to arrange a face-to-face meeting with another computer user without your permission. If a meeting is arranged, make the first one in a public place, and be sure to accompany your child.

Do not respond to messages or bulletin board items that are suggestive, obscene, belligerent, threatening, or make you feel uncomfortable. Ask your children to tell you if they respond to such messages advice them not to do that. If you or your child receives a message that is harassing, of a sexual nature, or threatening, forward a copy of the message to your ISP, and ask for their assistance.

Instruct your child not to click on any links that are contained in E-mail from persons they don’t know. Such links could lead to sexually explicit or otherwise inappropriate web sites.

Remember that people online may not be who they seem. Because you can’t see or even hear the person it would be easy for someone to misrepresent him- or herself. Thus, someone indicating that "she" is a "12-year-old girl" could in reality be a 40-year-old man.

Remember that everything you read online may not be true. Any offer that’s "too good to be true" probably is. Be very careful about any offers that involve you coming to a meeting, having someone visit your house, or sending money or credit card information.

A child’s excessive use of online services or the Internet, especially late at night, may be a clue that there is a potential problem. Remember that personal computers and online services should not be used as electronic babysitters.

Be sure to make Internet surfing a family activity. Consider keeping the computer in a family room rather than the child’s bedroom. Get to know their "online friends" just as you get to know all of their other friends.

. Protect Personal Computer :

If you think that your home computer was safe from outside attacks, think again. Home computers are as susceptible as office computers to online attacks. Here are some extremely important guidelines for home computer owners -

. Use the latest version of a good anti-virus software package that allows updating from the Internet.

. Use the latest version of the operating system, web browsers and e-mail programs.

. Don't open e-mail attachments unless you know the source. Attachments, especially executables (those having .exe extension) can be dangerous. Confirm the site you are doing business with. Secure yourself against "Web- Spoofing". Do not go to websites from email links.

. Create passwords containing at least 8 digits. They should not be dictionary words. They should combine upper and lower case characters. Use different passwords for different websites.

. Send credit card information only to secure sites.

. Use a security program that gives you control over "Cookies" that send information back to websites. Letting all cookies in without monitoring them could be risky.

. Consult your system support personnel if you work from home.

. If you use your broadband access to connect to your employer's network via a Virtual Private Network (VPN) or other means, your employer may have policies or procedures relating to the security of your home network. Be sure to consult with your employer's support personnel, as appropriate.

. Use a firewall :

We strongly recommend the use of some type of firewall product, such as a network appliance or a personal firewall software package. Intruders are constantly scanning home user systems for known vulnerabilities. Network firewalls (whether software or hardware-based) can provide some degree of protection against these attacks. However, no firewall can detect or stop all attacks, so it’s not sufficient to install a firewall and then ignore all other security measures.

. Don't open unknown email attachments :

Before opening any email attachments, be sure you know the source of the attachment. It is not enough that the mail originated from an address you recognize. The Melissa virus spread precisely because it originated from a familiar address. Malicious code might be distributed in amusing or enticing programs.

If you must open an attachment before you can verify the source, we suggest the following procedure:

. Be sure your virus definitions are up-to-date
. Save the file to your hard disk
. Scan the file using your antivirus software
. Open the file
. For additional protection, you can disconnect your computer's network connection before opening the file. Following these steps will reduce, but not wholly eliminate, the chance that any malicious code contained in the attachment might spread from your computer to others.

. Don't run programs of unknown origin :

. Never run a program unless you know it to be authored by a person or company that you trust. Also, don't send programs of unknown origin to your friends or coworkers simply because they are amusing - they might contain a harmful program.

. Turn off your computer or disconnect from the network when not in use Turn off your computer or disconnect its Ethernet interface when you are not using it. An intruder cannot attack your computer if it is powered off or otherwise completely disconnected from the network.

. Disable Java, JavaScript, and ActiveX if possible.

. Be aware of the risks involved in the use of "mobile code" such as ActiveX, Java, and JavaScript. A malicious web developer may attach a script to something sent to a web site, such as a URL, an element in a form, or a database inquiry. Later, when the web site responds to you, the malicious

  script is transferred to your browser.

. The most significant impact of this vulnerability can be avoided by disabling all scripting languages. Turning off these options will keep you from being  vulnerable to malicious scripts. However, it will limit the interaction you can have with some web sites.

. Many legitimate sites use scripts running within the browser to add useful  features. Disabling scripting may degrade the functionality of these sites.

. Make regular backups of critical data.

. Keep a copy of important files on removable media such as ZIP disks or recordable CD-ROM disks (CD-R or CD-RW disks). Use software backup tools if available, and store the backup disks somewhere away from the computer.

. Make a boot disk in case your computer is damaged or compromised.

. To aid in recovering from a security breach or hard disk failure, create a boot disk on a floppy disk, which will help when recovering a computer after such an event has occurred. Remember, however, you must create this disk before you have a security event.

. Preventing Credit/Debit Card Fraud :

By taking certain precautions, a user can prevent their credit or debit card from being misused both online and offline.

1. Do not provide photocopies of both the sides of the credit card to anyone.  The card verification value (CVV) which is required for online transactions  is printed on the reverse of the card. Anyone can use the card for online  purchases if the information is available with them.

2. Do not click on links in email seeking details of your account, they could be  phishing emails from fraudsters. Most reputed companies will ask you to  visit their website directly.

3. While using a credit card for making payments online, check if the website  is secure The CVV will also be required.

4. Do not give any information to persons seeking credit card information over  phone.

5. Notify your bank / credit card issuer if you do not receive the monthly credit card statement on time. If a credit card is misplaced or lost, get it cancelled immediately.

Source - http://mpcyberpolice.nic.in/onlinetraining.htm

Sweden vs. Assange

2011-11-05T01:09:00.000+05:30

In December 2010 Sweden issued two international warrants for Julian Assange’s arrest. He has been detained without charge since.

http://www.swedenversusassange.com

Since August 2010, all discussions regarding the ’Swedish case’ have gravitated around the allegations against Julian Assange and whether the arrest orders have been procedurally correct, not whether the allegations are true.

Julian Assange is prevented from responding to the allegations and from giving his version of events. Julian Assange’s legal team by law cannot challenge the allegations on the facts of the case or through Julian Assange’s own version of events. Instead, the legal team is limited to challenging the validity of the European Arrest Warrant instrument on narrow, mainly procedural grounds.

Background

Sweden has issued an extradition request for Julian Assange in connection with a preliminary investigation. He has not been indicted.

Julian Assange has been under house arrest since 7 December 2010 in Norfolk, England. He has an electronic tag and reports to police daily.

Bail denied for 2G scam accused - News

2011-11-04T23:59:00.000+05:30

Leaving even the defence counsel surprised, the CBI on Monday opted for a limited reading of the order on charges in the 2G spectrum allocation case while telling the special court that it did not have any opposition to five of the accused — including Rajya Sabha member Kanimozhi Karunanidhi — being granted bail.

The CBI’s move comes despite the special court’s order Saturday last week that charged all 17 accused in the case with conspiracy to commit criminal breach of trust — a non-bailable offence that carries a maximum punishment of life imprisonment.

Following the CBI’s submission that it wouldn’t oppose bail to five of the accused — Kanimozhi, Asif Balwa (director, Kusegaon Fruits and Vegetables), Rajiv Aggarwal (director, Kusegaon Fruits and Vegetables), Karim Morani (director, Cineyug Media & Entertainment) and Sharad Kumar (director, Kalaignar TV) — the court reserved its order on their bail pleas for November 3. The agency’s move itself will not ensure bail however, as it is at the discretion of the court.

Source - http://www.indianexpress.com/news/cbi-does-not-oppose-bail-for-kanimozhi-4-others/864973/

New Delhi: All bail applications, including those of DMK leader Kanimozhi and seven others, in the 2G spectrum allocation scam have been dismissed on Thursday by the special CBI court. The court also announced that the trial will begin on November 11.

Judge OP Saini dismissed the bail pleas of all accused in the scam on three accounts. He said the three accounts on which the order is based are that the "crime committed was a deliberate offence, an economic offence and very serious in nature." He added that the accused used public money in careful manner for their personal use.

The judgement reads that the order given has not been influenced by any external factors but solely keeping in mind the facts and circumstances of the case.

It further added that 'a murder may be committed in the heat of moment upon passion being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of consequence to community'.

Reasons given by the court to dismiss bail pleas:

- Non opposition by the CBI has no consequence in the eye of law.

- On the basis of medical papers the illness of Karim Morani is not so high as to categorise his custody as being detrimental of health.

- Kanimozhi belongs to upper echelons of the society and is also a Member of Parliament. By no stretch of imagination she can be said to be suffering from any discrimination on grounds of being a woman alone

- Rights of accused important but rights of victims and witnesses no less valuable

Kanimozhi has been charged for accepting bribes, criminal conspiracy to cheat the exchequer and criminal breach of trust and has been in Tihar Jail since May 2011.

The court was hearing the bail application of Kanimozhi along with Kalaignar TV MD Sharad Kumar, Cineyug Films' founder Karim Morani, and Kusegaon Fruits and Vegetables Chief Executives Asif Balwa and Rajiv Agarwal.

CBI sources had told CNN-IBN that they had a feeling the bail pleas will be rejected and that Judge Saini will leave the judgement to the Supreme Court.

Source - http://ibnlive.in.com/news/2g-case-no-bail-to-kanimozhi-and-other-7-accused/198805-3.html?from=nl

Woman CEO maligns female colleague on Net, detained - TOI News

2011-11-03T23:50:00.001+05:30

Cybercrime is usually perceived as the province of depraved men. But a disturbing trend has come to light of late. Increasingly, women are resorting to online tactics to achieve some nefarious end.

Recently, the woman CEO of a multinational corporation’s India operations was detained by the police for cyberharassment of a co-worker in HR — also a woman.

The CEO, aged 43, posted derogatory remarks about the HR executive, aged 39, on a consumer website to malign her.

She described the victim as a “sex pest” who eyed newly recruited young men and was also “having a good time with a former employee”, said an officer with the police’s cyber crime investigation cell. The CEO was traced through the IP address from where the posts were made.

“In her police complaint, the victim, who is unmarried, told us that someone was posting comments about her character, or lack thereof, and that she was described as someone who frequently slept with her colleagues and ‘spoiled’ them,” said a police officer. Cops nailed CEO using her IP address

Mumbai: The HR executive harassed online by her CEO had approached police’s Mumbai police’s cyber crime investigation cell.

“She said it all started when she found a change in the way her colleagues perceived her, so much so that she found it difficult to work with them. It was only when her friends and well-wishers asked her about the online posts that she realized what the matter was. She told us she was taken aback and did not know how to react.” The police sought from the website the IP address from where the posts were submitted. “It was found to originate from an apartment in a residential complex in Goregaon. When we reached there, we were shocked to find that the house belonged to the CEO of the firm where the victim worked,” the officer said. “Initially, the CEO was not cooperating. She accused us of harassing her. But we had technical proof. When we confronted her with it and emphasized that the IP address belonged to her own PC, she surrendered.”

The CEO broke down at the police station. “She found herself in front of the victim, who she could not look in the eye. She even had tears,” the officer said. “In a written apology, she said she was jealous as the victim was getting quick promotions. So, she started writing online posts, the website being one that is visited by private companies, to do background checks on potential recruits. She wanted the management to take note of the posts and initiate action against the victim.” She was later let off.

Publication: The Times Of India Delhi;

Date: Oct 17, 2011;

Section: Front Page;

Page: 3

The Hindu : Opinion / Lead : Jan Lokpal bill: addressing concerns

2011-08-17T22:22:00.000+05:30

The Hindu : Opinion / Lead : Jan Lokpal bill: addressing concerns

The draft bill seeks to create an institution that will be independent of those it seeks to police, and will have powers to investigate and prosecute all public servants, and others found guilty of corrupting them.

A number of commentators have raised issues about the provisions in the draft of the Jan Lokpal Bill. They have asked whether it would be an effective instrument to check corruption. They have pointed to the manner in which Anna Hazare's fast put pressure on the government. It is therefore important to understand the provisions of the bill and how it seeks to set up an effective institution to deal with corruption.

Corruption in India has grown to alarming proportions because of policies that have created enormous incentives for its proliferation, coupled with the lack of an effective institution that can investigate and prosecute the corrupt. Under the garb of liberalisation and privatisation, India has adopted policies by which natural resources and public assets (mineral resources, oil and gas, land, spectrum, and so on) have been allowed to be privatised without transparency or a process of public auctioning. Almost overnight, hundreds of memorandums of understanding (MoUs) have been signed by governments with private corporations, leasing out large tracts of land rich in mineral resources, forests and water. These allow the corporations to take away and sell the resources by paying the government a royalty, which is usually less than 1 per cent of the value of the resources.

The Karnataka Lokayukta, Justice Santosh Hegde, has pointed out in a report on mining in Karnataka that the profit margins in such ventures are often more than 90 per cent. This leaves huge scope for bribe-giving and creates incentives for corruption. The same thing happened when A. Raja gave away spectrum without a public auction to companies at less than 10 per cent of its market price. Private monopolies in water and electricity distribution, airport development and so on have been allowed to be created, where huge and unconscionable levels of profit can be made by corrupting the regulator and allowing private monopolies to charge predatory prices. Tens of thousands of hectares have been given away to corporations for commercialisation in the guise of airport development, construction of highways, creation of Special Economic Zones and so on, at prices that are less than 10 per cent of the value of those tracts of land.

Apart from creating huge incentives for corruption, such policies have resulted in the involuntary displacement of lakhs of the poorest people, leaving them on the brink of starvation and forcing many of them to join the Maoists. The beneficiaries have stripped the land of natural resources (a good deal of which is exported) and destroyed the environment. Most ominously, such deals have resulted in the creation of monster corporations that are so powerful and influential that they have come to influence and virtually control all institutions of power — as we see from the Radia tapes.

While adopting policies that thus create huge incentives for corruption, we have not set up effective institutions to check corruption, investigate and prosecute the corrupt and bring them to justice. The Central Bureau of Investigation (CBI) continues to be under the administrative control of the government, which is seen as the fountainhead of corruption. Thus, no action is usually taken by the CBI to effectively investigate high-level corruption — except once in a while when the court forces its hand. Often we see the CBI itself behaving in a corrupt manner, with no other institution to investigate that. The Central Vigilance Commission (CVC), which is supposed to supervise the CBI, has failed to act, since its own appointment process is riddled with conflicts of interest. The Prime Minister, the Home Minister and the Leader of the Opposition (who has been a Minister and hopes to become Prime Minister one day) want to avoid their own accountability and are thus interested in having weak and pliable persons to man the institution that is expected to supervise the CBI. Moreover, the CVC and the CBI have to seek the government's sanction to investigate and prosecute wrongdoers; such sanction is usually not given when it comes to high-level corruption. The CVC depends on vigilance officers in various government departments. They are often middle-level officers from the same departments and cannot be expected to exercise vigilance over their bosses who write their confidential reports. The judiciary, which must try and convict the offenders, has become dysfunctional and is afflicted with corruption due to lack of accountability of the higher judiciary.

The draft Jan Lokpal bill seeks to create an institution that will be largely independent of those it seeks to police, and which will have effective powers to investigate and prosecute all public servants (including Ministers, MPs, bureaucrats, judges and so on) and others found guilty of corrupting them. Since corruption involves misconduct and gives rise to grievances, the draft proposes that the Lokpal will supervise the machinery to pursue disciplinary proceedings against government servants (the Vigilance Department) as well as the machinery to redress grievances. Thus, misconduct by government servants, and grievances, will come under the ambit of an independent authority rather than the government — where the machinery has become ineffective due to conflicts of interest. It is proposed that if the Lokpal finds that a contract is being given for corrupt considerations, it can stop the contract. It cannot otherwise interfere with government decisions or policy.

It has been said that this would create a super-cop with enormous powers and no accountability. There is a misconception that the proposed Lokpal will have judicial powers; there is no such provision in the bill. The need of the hour is to have an effective cop who can investigate and prosecute the high and mighty without interdiction from the very people who need to be prosecuted.

The bill seeks to make the Lokpal accountable. First, it is mandated to function transparently so that everything related to its functioning is known to the people (without compromising the investigation itself). Exemptions from disclosure provided in the Right to Information Act could be included. Secondly, the Lokpal's orders will be subject to review in the High Courts and the Supreme Court. Lastly, the members of the Lokpal could be removed for misconduct, by a five-member bench of the Supreme Court.

There has been some criticism of the Lokpal selection committee and the selection process. Given the erosion in the integrity of most of our state institutions, it was thought that the best bet would be to have a broad-based selection committee and build transparency and public participation into the selection process, while trying to keep out those who are most likely to be within the ambit of the Lokpal's investigations. That is why in the draft bill Ministers were sought to be kept out.

One criticism has been that this shows contempt for democracy. We have seen how the “democratically elected” Prime Minister, Home Minister and leaders of the opposition have normally selected weak and pliable CVCs. So the draft bill proposes a selection committee comprising the Lok Sabha Speaker, the Rajya Sabha Chairman, the Comptroller and Auditor General, the Chief Election Commissioner, the two seniormost judges of the Supreme Court, two seniormost Chief Justices of High Courts, the Chairman of the National Human Rights Commission and the outgoing members of the Lokpal. This proposed composition of the committee will certainly be discussed, and perhaps improved upon, during public consultations and discussions within the drafting committee that will now take place.

It has been said that putting the function of redress of grievances on the plate of the Lokpal would make its work unmanageable. Though the Lokpal will only reorganise and supervise the grievance redress machinery (rather than dealing with each grievance itself), this is an issue that will be discussed openly by the committee. By next week, a website that will formally take in all the opinions and suggestions on the Jan Lokpal bill will be launched and announced. People are welcome to read, understand and send their comments on it, to be taken note of.

One must not, however, be under any illusion that the Lokpal law by itself would solve the problem of corruption. Unless we tackle and change the policies that create enormous incentives for corruption and monster corporations that become too powerful for any institution to control, the fight will be incomplete. The judiciary too is in need of comprehensive reforms.

But an independent, credible and empowered Lokpal is a necessary, though not a sufficient, condition to effectively control corruption. Let us work at least to put that in place.

(Prashant Bhushan is a senior Supreme Court lawyer and member of the joint committee to draft the Lokpal bill.)

The High Court of Judicature at Madras at 150 - The Hindu

2011-08-16T22:01:00.002+05:30

The Hindu : Opinion / Lead : The High Court of Judicature at Madras at 150

August 15, which we celebrate as our country's birthday, is also incidentally the birthday of the Madras High Court. It was born 85 years before India got its Independence. The Indian High Courts Act, 1861 passed by the British Parliament enabled the colonial government to establish High Courts of Judicature in India. It merged the earlier Supreme Courts functioning in the Presidency Towns along with Sadar Adalats and established High Courts in the three Presidential Towns of Bombay (Mumbai), Calcutta (Kolkata), and Madras (Chennai). The Act authorised Queen Victoria to issue letters patent under the great seal of the United Kingdom to erect and establish High Courts of judicatures.

The court at the time of its establishment was required to discharge cases with “justice, equity and good conscience.” Though the charter for the establishment of the High Court of Madras was issued on June 26, 1862, the Madras High Court was inaugurated on August 15, 1862. After its initial functioning at the present Chennai Collectorate, it moved to the present campus in 1892.

The High Court initially administered its jurisdiction only within the Presidency town. Its jurisdiction got extended to the entire Presidency subsequently. Being the High Court established by the Act of the British Parliament, it had the power to issue prerogative writs. The power to issue writ in the nature of habeas corpus was curtailed by Section 491 of the Cr.P.C. (1898). After the enactment of the Government of India Act, 1935, the power to issue habeas corpus writ was restored. Subsequent to the enactment of the Constitution (1950), the High Courts were recognised by the Constitution and the power to issue writs, orders or directions was conferred on it under Article 226. The power under Article 226 became a potent weapon in the hands of citizens as against acts of States to keep it under check. It was held to be part of the basic structure of the Constitution. No constitutional amendment can divest that power [L. Chandrakumar's case – (1997)].

After the States Reorganisation, many parts of the Madras Presidency went away to form Andhra Pradesh, Karnataka, and Kerala. Those High Courts were called the Andhra Pradesh High Court, the Karnataka High Court, and the Kerala High Court, and named after those States. But the name of the Madras High Court remained unchanged notwithstanding Madras becoming Chennai. It is incongruous that even after the establishment of the Madurai Bench of the Madras High Court (2004), it is still called the Madras High Court. It is high time it was called the Tamil Nadu High Court.

Since 1892, many changes have taken place. The beach opposite to the High Court, popularly known as High Court Beach, disappeared thanks to Port Trust cornering the place. The Light House beaming its light over the city, which was housed within the High Court building, was closed. It is ironical to have facade lighting arrayed to see the old Light House in the evenings.

But within the High Court, many things have remained unchanged: the Silver Mace bearers going in front of the judges to the Court, lawyers and others addressing judges as My Lords and Lordship and wearing colonial robes (black coat and gown). Even women judges are to be called My Lord and Her Lordship. Even after the Bar Council of India resolution No.58/2006, dated April 9, 2006, lawyers continue to address the court with honorifics such as My Lords. Strangely, though there is no law prescribing robes for the judges, they adorn the same attire and refuse to change the customary practice.

As the Court enters its 150th year and celebrations are being planned on a big scale, it is high time a social audit was done on its performance. The 150 years period will have to be necessarily split up into two parts, that is, the colonial and the post-colonial period. At the time of its establishment, judges were solely appointed by the Crown, two-thirds of the vacancies were to be filled up by English and Irish barristers and bureaucrats drawn from the covenanted civil services. Judges had to serve during Her Majesty's pleasure. While the Government of India Act, 1935 provided some changes, it was only after the Constitution was adopted in 1950 that a constitutional framework for High Courts was evolved.

Any study on this institution must cover the functioning of the Court under the colonial government to know its role during the two World Wars and how far it had acquitted itself. There were instances when lawyers who participated in the freedom struggle were punished and had their names removed from the bar roll. The cases of detenues' appeals during World War II were dealt with by British judges in a secret manner and records relating to appeals under the Public Safety Act are yet to be explored by historians.

Undoubtedly, the Madras High Court is the first in many respects. It is the first High Court whose judges have declared their assets and put it up at the official website. The judges have also adopted the “statement of values” evolved by the Supreme Court (1997). The judiciary here represents a wider cross section of society compared with many High Courts in India.

The Madras High Court tops in the rate of disposal of cases in India. But the ever-increasing load of cases has created problems of space not only for lawyers and litigants, but also for the system of keeping records and maintaining them. The number of Tribunals created has taken away the powers of the High Court. The systematic deprivation of the High Court's power is not conducive either to the independence of the judiciary or to the rule of law.

Even after 61 years of the Constitution, the High Court is still not allowed to have Tamil as the additional court language. Though the Court gave its consent in the year 2006, the presidential notification is nowhere in sight.

The colonial practice of having a summer vacation and working 210 days in a year is clearly a huge waste of human resources. It is high time the courts functioned like any other public offices round the year. Being sentinels of justice, the doors of the courts should never remain closed. They can be operated in such a way that leave can be granted on a rotational basis to judges.

Work stoppages by lawyers are another evil that has crept in. Even after the Supreme Court's judgment in Harish Uppal's case (2003), the High Court continuously lost 30 to 40 days due to work stoppage by lawyers in the last few years.

The role of lawyers is an essential adjunct for proper maintenance of the court system. Unbecoming scenes that are witnessed in courts are largely on account of lack of proper training in law and ethical values. The justice delivery system depends on the quality of the Bar. The improvement of legal education in the country must be taken up as a priority.

All stakeholders must ponder over the ills plaguing the justice delivery system and strive for a people-oriented justice delivery system. This is the imperative need of the time when the entire nation debates on the Judges' Accountability Bill and vociferous cries are heard for inclusion of the higher judiciary under the Lok Pal's ambit.

With mounting arrears and a huge backlog of cases, we are sitting over a volcano. The latest statistics given to the press by the High Court reveal that there are more than 400,000 civil cases and around 50,000 criminal cases pending for disposal.

In the words of the Supreme Court of India: “People in India are simply disgusted with this state of affairs, and are fast losing faith in the judiciary because of the inordinate delay in disposal of cases. We request the authorities concerned to do the needful in the matter urgently to ensure speedy disposal of cases if the people's faith in the judiciary is to remain” (See: (2007) 11 SCC 37). The Supreme Court once again warned that “many people have started thinking that justice will not be done in the courts due to the delays in court proceedings. This is indeed an alarming state of affairs” (See: (2007) 14 SCC 452).

The top priority must be to find effective ways and means in bringing down the pendency so that people at large and litigants in particular are assured of a proper and prompt justice delivery system.

“To none shall we deny justice

To none shall we delay justice

To none shall we sell justice”

The ‘Magna Carta' in which these words are found was repealed by an official Act of Parliament, yet it must reverberate in our zeal for justice and must not be forgotten in the year-long festivities to celebrate the High Court's 150th year.

(Justice K. Chandru is a Judge of the Madras High Court.)

Lawyers to practice in all courts across India irrespective of which bar council they are enrolled in

2011-06-07T00:27:00.000+05:30

Central Government has finally decided to notify Section 30 of the Advocates Act, 1961 (the Act) which will as a matter of right allow lawyers to practice in any court, tribunal or any quasi judicial authority all over India. This will allow lawyers to practice in all courts across India irrespective of which bar council they are enrolled in or without the need or condition to transfer the bar licence to the state where they want to practice in.

Section 30 of the Advocates Act provides: “Right of advocates to practice: Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice”.

Advocates for the last so many years have been claiming the right to practice in all courts as of right and have been agitating for the enforcement of Section 30 of the Act in this behalf. Almost 50 years have passed since enactment of the Act, the provision has not been brought into force.

Earlier, the Supreme Court in Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768] had issued a writ of mandamus to the Central Government to consider, within six months, whether Section 30 of the Advocates Act, 1961 should be brought into force or not. The Court, however, held that it was the discretion of the Central Government to bring this section in force by issuing a notification in this behalf.

In spite of the direction of the Supreme Court, the section has not been brought in force till date and hence advocates cannot practice as of right.

Recently, a delegation of the Bar Council of Tamil Nadu and Puducherry (BCTNP) headed by Prabhakaran Vice-Chairman of BCTNP had met the Union Law Minister Veerappa Moily and impressed on him the need for notifying Section 30 of the Act to allow advocates to practice in all fora. Moily assured them that the government had already taken a decision in this regard and the notification was to be issued shortly, according to media reports.

According to Hindu, Veerappa Moily informed that the long-pending demands of the lawyers had been conceded, and he had passed appropriate orders for notifying this Section early next week.

Moily said, “I traced the file relating to this provision. For some reasons this Section remained in the Statute without being notified. I decided to notify this Section and signed necessary orders. The notification is expected to be issued either on June 7 or 8”.

Source - http://www.barandbench.com/brief/2/1522/section-30-of-advocates-act-1961-to-be-notified-soon-lawyers-will-be-able-to-practice-in-all-courts-

WHAT AILS OUR SUBORDINATE JUDICIARY? | Legally India

2011-03-17T10:21:00.002+05:30

WHAT AILS OUR SUBORDINATE JUDICIARY? | Legally India

JUSTICE” is one thing that everyone whether rich or poor profoundly yearns for besides requisite ROTI, KAPRA AND MAKAN in life for soulful enjoyment of one’s all mundane gains and acquisitions. No wonder taking cue of this vital human need our constitution framers accorded due primacy to this noble aspect of human life while framing our constitution as would be evident from the opening recital of the preamble of our constitution which while elucidating the broad contours of the basic objectives of our constitution assigned top most position to justice in the tally of all objectives that WE THE PEOPLE OF INDIA resolved to provide to our people while adopting , enacting and giving to ourselves this CONSTITUTION. The preamble reads as follows:-

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

And to promote among them all

FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”

A bare perusal of our preamble thus suggests that securing JUSTICE to all the citizens is the foremost important task of the STATE. In the parliamentary system of democracy in our country, each organ of the state viz. legislature, executive and Judiciary has been assigned important but distinct role to play to achieve the aforesaid objectives, working in tandem and harmony with each other while working within their constitutional limits and competence. Broadly speaking, while legislature frames the laws to achieve the objective of democratic socialism, executive implements such laws for the welfare of the people and judiciary plays the role of a watchdog to see the validity or otherwise of the enactments passed by the legislature on the touch stone of our constitution and also to see if such public interest serving enactments passed by our legislature have been properly executed/ implemented by executive in letter and spirit or not. Thus it is clear no amount of laws framed by the legislature under the garb of public welfare could serve the cause of the people in real sense unless these are found to be in conformity with the constitution by the Judiciary. Similarly no legislation howsoever well intended in nature and character it may be would serve the intended purpose of public welfare unless it is implemented and executed with equally benevolent zeal and earnestness by the executive. This makes the role of JUDICIARY all the more paramount to achieve the real objectives of our CONSTITUTION in real sense of the term.

But no organ or institution howsoever great or important it may be, could work properly and deliver goods unless adequately equipped and strengthened, commensurate with the mandate assigned to it under constitution. An ailing institution itself ridden with a host of impediments and constraints and scrambling hard to get rid of such hindrances obviously cannot discharge its functions properly howsoever laudable its role may be and howsoever well intended efforts it may clamor to make in the name of public welfare.

In this backdrop of scheme of things, if we examine the state of affairs with regard to JUDICIARY in our country, let us first focus our attention to the function of subordinate judiciary in the matrix of three tier justice delivery system of our country. This is apt and important so to do because the journey of the long torturous road to justice actually begins from the portals of lower courts euphemistically called as the FIRST TEMPLES OF JUSTICE in the common parlance or the very threshold of the huge edifice of the judiciary in our country.

1. PERIPHERAL VIEW:-

A visit to any lower court in any part of the country (exception being made to newly constructed courts) would be a revealing pointer to the grim ground realities obtaining in our country about this august institution. This would enlighten us about the pathetic conditions in which the courts function and help us dispel much of our misgivings we often harbor about this premier oracle of our justice delivery system. A multitude of people thronging the campus in the quest of justice, a cacophony of sound often subsumed by the shrill voice of the court staff calling out the case, a bevy of tormenting touts chivvying you to the point of harassment and irritation is the common sight of any subordinate court anywhere in the country. With no clear signages provided conspicuously at appropriate places indicating the location of a particular court even if one succeeds locating the desired court after great deal of hustling – bustling in the huge crowd of the people one is appalled to see the old dilapidated structure of the building housing the court and its staff. On the way one comes across the shabby treatment meted out to the under trials brought from the jail for the hearing of their cases that day. The under trials are herded like sardines into a dingy, unkempt, stinking small enclosure called LOCKUP. The LOCKUP has no provision of adequate ventilation or fans etc. Even if by some altruistic gesture fans are provided, the same remain unused either for want of power supply for most time of the day or want of necessary repairs causing the conditions of the under trials all the more pathetic and revolting. One would also notice lack of adequate facilities like toilets and drinking water especially for women folk, senior citizens and children etc. on the campus. What is all the more deplorable is that in most of the subordinate courts across the country there is no provision for the litigants sheds or lawyer’s chambers in adequate numbers. LITIGANTS are the species to cater to whose needs primarily these courts owe their existence to and if they are denied such basic facilities on the campus it multiplies their plight and misery rather than alleviate the same even after reaching so close within the embrace of their saviours. In other words, the whole scene is so chaotic and pathetic that one often wonders if he has landed up in the portals of Justice or in the stock market. One remarkable similarity between the two however is the dominant role played by luck and speculation. In the case of the court also a litigant often treads with a sense of trepidation whether his case would be heard that day at all or not and would not be tossed up to some next date for reasons beyond his comprehension.

2. INSIDE VIEW:-

A long CAUSE LIST normally hung on the notice board outside every court room is no guarantee that all cases listed therein would eventually find the gracious favour of the Judge’s kind attention on that day as there are myriad grounds for adjourning the same to some other date which causes great deal of consternation and bewilderment to the indigent litigants who come from far off places leaving their work in the vain hope of to get prompt justice in their matter. Most common grounds responsible for such dismal affairs are vacancy of the judge for want of posting / appointment, flash or prolonged strike of lawyers or the staff of court, declaration of holiday by the government in the event of some festival or contingency having arisen all of a sudden necessitating declaration of a holiday on that day. While these are some of the common features which often cripple working of the courts to the detriment of indigent litigant , the poor litigant still has no reason to feel relieved and hopeful to get a patient hearing in his case even if no such grounds exist to force an adjournment of his case. There are other factors also which can belie his hope for an early justice. The Judge may be on leave on that day or lengthy arguments in some important case may be robbing him of a chance to take up any other case for hearing despite his best intention to exhaust the whole cause list of that day. So the chance of a hapless litigant getting a hearing of his matter largely depends upon his sheer luck. Instances are not few where everything being in order i.e. Judge being very much present, none gone on strike, no case of lengthy arguments or grilling cross examination of witnesses being there still the case could be adjourned if the Judge is busy dictating some important urgent orders or judgments in his chamber leaving him with no choice but to adjourn rest of the cases to some other day. This situation normally arises when the concerned Judge is saddled with the task of looking after the work of some other courts also besides his own court or during the closing days of a particular month or quarter of the year where the Judge is under a tremendous pressure to complete his mandatory quota of work.

3. MALPRACTICES GALORE:-

It is not that this state of dismal affairs hurts and adversely affects everybody. In fact there is a tribe of people whom this kind of situation suits best to serve their vested interest. While the poor litigant who has been wronged wishes to seek speedy justice, the other side which is on the wrong side of the law always wishes to be off the dragnet of law for as long as possible it could be managed and welcomes every single cause or reason that retards the movement of chariot of justice as far as possible. This party and its lawyer join hands to adopt all machinations of dilatory tactics to delay the process of justice by seeking adjournment on sundry grounds. This tribe of people has no canons of justice and no commitment to the society and ruthlessly feast on the plight and miseries of the people. What is shocking and surprising is that such people succeed in making an almost impregnable network of likeminded unscrupulous people including the court staff and work in such a well orchestrated manner that the system is geared to serve their vested interest to the detriment of needy poor litigants waiting desperately to get justice at an early date. Such people adopt all nefarious means and acts of malfeasance to delay the justice or defeat the ends of justice with great sense of impunity and unfortunately there is none to check them from doing so. The whole system seems to have become hostage to the whims and fancies of such type of people. Obviously the brunt of this menace is mostly borne by the under trials whose miseries or tale or woes get further compounded every time their cases get adjourned to next day. Then again there is none to assure them that the system would not be allowed to be smitten by the bug of STRIKES OR CONTINGENCIES evolving in conflict with their right to speedy justice next time also and they stand cheated again & again by the vagaries of their hard luck. This on the one hand erodes the faith of honest, right thinking people from the system and causes them untold sense of harassment and desperation, emboldens the wrong doers to further perpetuate their wrong doings with greater ease and flourish fearlessly on the other hand. The lot of poor innocent litigants is thus left to fall a prey to money and muscle power practiced on them by the people on the wrong side of the law. No wonder there is no dearth of cases where under trials have languished in jail longer than the period of punishment they would have suffered if ever found guilty and convicted in due course of trial. There have been instances where a convict had remained in jail even after having long suffered the period of sentence pronounced against him owing to sheer apathy and negligence on the part of the justice dispensing authorities owing to ulterior motives. Once you step into any subordinate court room you can find TWO OR MORE witnesses being simultaneously examined in the different corners of the court room, while the judge seems engaged hearing arguments in some case. This makes the mockery of the whole system and gives rise to a lot of malpractices breeding corruption in the view & presence of the judge himself. In such cases the judge does not supervise or oversee the recording of the statements of the witnesses and does not know if the statements are being recorded strictly in conformity with the provisions of the Evidence Act and judgment based on such statements would not lead to injustice to the person who did not deserve it. The judge in his haste to dispose of lot many cases himself thus becomes the author and perpetrator of such gross injustice and is blissfully unaware of what transpires just below his own nose and how the canons of justice are being trampled with his unwitting connivance in such a despicable manner.

4. VITAL STATISTICS :-

There are roughly more than 16000 trial courts in our country struggling hard to cope with a huge pile of over 3 crore cases to be disposed of. Unfortunately there is no TIME BOUND SYSTEM to fill the vacant posts of judges and staff much before the vacancy occurs or is likely to occur. The system of recruitment and appointment of staff & judges is so arduous and lengthy that it takes too long to serve the desired purpose as a result of which the courts remain vacant for a pretty long time adding to the woes of the poor litigants and increasing the pendency of cases many folds. To tide over the situation, a single judge is often assigned the charge of two or more courts besides his own court which indubitably gives rise to such obnoxious situations as result into corrupting the whole system to a large extent. The blitz crazing impact of scientific and technological development on our society has given rise to an altogether new species of crime i.e. CYBER CRIME. But we have yet to develop adequate infrastructure to deal with such crimes. Our existing forensic laboratories are awfully inadequate in number even to deal with conventional crimes and also lack adequate means, resources and manpower to deal with the rush of cases which again causes delay in disposal of cases and for which the subordinate judiciary often unreasonably has to face the flak for non performance or tardy performance.

There is no provision to recruit officers in a systematic time bound manner. The prevailing practice is akin to measures often adopted to meet the contingencies of draughts or floods by the govt. The process to set up a new court initiates much longer after the need arises and the process to recruit officers also takes place in a majestically slow pace thus defeating the very purpose for which the whole exercise was undertaken. There is also no adequate provision of training of judges in the realm of fast changing crime scenario and there is no provision for research to develop and spruce up the decaying system. As a result of which the modern look of judiciary especially the subordinate judiciary appears to be archaic in the perspective of fast changing world. This shows utter apathy and callousness on the part of the Govt. towards the organ of the democracy which in real sense is the bed rock of democracy & true sustainer of democracy. Though under Article 227 & 235 of Constitution, the high courts are vested with power & authority to supervise the working of all courts subordinate there to, no notice is taken of pitiable conditions under which the subordinate courts work. The most these high courts do to discharge their constitutional obligation towards subordinate courts is often to indulge in high sounding rhetorics to exhort subordinate courts to dispose of cases expeditiously without paying any heed to their ground realities & cases of individual predicaments such as non posting/sanctioning of adequate supporting staff by the Govt., non provision of adequate budget in time, non provision of computer in a particular court for a long time or such sundry difficulties blighting their spirit & zeal to work hard. The preachings unrelated to the ground realities often fall on deaf ears & sound more didactic in nature rather than inspiring one to spur one to action and hence fail to have any impact whatsoever in sprucing up the system.

The recent statement of Hon’ble the Union minister of Law to disband existing FAST TRACK COURTS and not to sanction any budget for any more FASTTRACK COURTS to be set up is a grave pointer to the scant regard Govt. has for this institution and for the welfare of the people at large. Though legislature has passed the amendment to Article 39A of our Constitution to secure equal justice & free legal aid to the poor litigants, the purpose of this noble provision however seems to be defeating for want of adequate number of courts, infrastructure like police stations, forensic labs, other necessary wherewithals to secure speedy justice, time bound system of appointment, promotion of judges & supporting staff, machines, libraries & chambers of the lawyers as also for want of provision of litigant’s sheds with facilities of toilets & drinking water etc. etc.

5. DEFICIT SELF GOVERNANCE (INSTITUTIONAL FLAWS)

While Governmental apathy & neglect is arguably the most damning cause for the dismal state in which the subordinate judiciary in our country finds itself embroiled today, it would however be too presumplious & ludicrous to hold it alone squarely responsible for the messy situation and say otherwise everything is hunky dory in the subordinate Judiciary.

A close & dispassionate peep into the working mechanism of subordinate judiciary would reveal that it is deeply shackled within a mesh of its own self designed cobwebs that gives it a countenance of over burdened slow moving institution rather than a vibrant dynamic institution. There appears to be a dire need of harnessing modern techniques and procedures to keep the great institution in fine fettle to meet the growing challenges of modern times. A slew of suggestions given below, if taken care of, could give it a smart make over by bringing it out from the morass it is in today:-

· “CONCILIATION AND NOT LITIGATION” should be adopted as the working MOTTO and judges must exert themselves to impress upon the litigants the virtue & merit of the provision of ALTERNATIVE RESOLUTION OF DISPUTES mechanism. While this would lessen the pendency of cases in courts, it would provide speedy justice to the parties too to their entire satisfaction.

· The time worn practice of preparing DAILY CAUSE LIST should be thoroughly revisited to make it more practical & viable one. Instead of listing too many cases only to be adjourned to some next day ultimately serves no purpose. Neither the parties get fairly good time to present their cases nor the judges seem adequately poised to give proper attention to such cases. Only as many cases should be listed as are feasible to be taken up for hearing and are not fated to be adjourned ultimately owing to paucity of time, care should be taken to ensure equitable time slot to each case listed for hearing. While doing so due priority be accorded to older or serious cases over and above relatively newer simpler cases.

· Judges should personally supervise the working, conduct and integrity of the subordinate staff especially those dealing with the issuance of processes, copies etc so that SUMMONS, WARRANTS, NOTICES, ORDERS etc are issued with desired promptitude as per the directions of the court and are not unduly delayed. It would be appropriate to take the party to task found wanting in carrying out the directions of the court without any good reason simply to delay the proceedings. Similarly member of the staff found guilty of not carrying out the direction without any reasonable cause/reason should also be severely censured to mend his ways. There should be some mechanism to reward good performers also to boost up their morale and encourage others also to follow suit.

· The practice of hearing lengthy arguments should be shunned and filing of WRITTEN ARGUMENTS should be strictly enforced. ORAL ARGUMENTS could be permitted only for the purpose CLARIFICATIONS or for rounding off the opponents arguments.

· The Examination of witnesses should also be properly watched by the judges to see it remained focused to the issues at hand and does not prolong unreasonably long simply to harass the witnesses.

· Judges should cultivate a habit to write brief, concise but fully reasoned judgments which not only betray their judicious approach and legal acumen but also reflect their analytical bent of mind.

These steps though seem to be too small in nature, if taken sincerely, it is hoped, would prove to be great leaps in the progressive saga of subordinate judiciary to help sustain the faith of the public in the INSTITUTION and savage the situation to a considerable extent.

SYNOPSIS:-

The dismal state of affairs could improve if and only if there is a strong will power of the Govt. to address to the aforesaid problems of the subordinate judiciary in right earnest & take prompt & adequate realistic measure to revamp the whole system from the grass root level to enable the subordinate judiciary to successfully combat with the mighty monster of ever growing backlog of cases so that it could come up to the hopes, aspirations & legitimate expectations of the people in real sense. It is indeed regrettable that Hon’ble the Supreme Court while expressing its anguish on the prevailing dismal state of affairs was rsather impelled to bemoan the other day (11.02.11) that no Govt. wants a strong judiciary. If no timely measures were taken to improve the decaying situation and no adequate budgetary provision was made for the judiciary which at present is awfully low (less than 1% of total budget) we are destined to be doomed sooner than later. And people would hold the Govt.’s apathy & nonchalance responsible for this if God forbid, it ever so occurred. Let us hope Govt. takes this to be a clarion call to immediately mend affairs before everything goes haywires.

Legal Practitioners Act draws a flak all over India

2011-03-15T22:11:00.000+05:30

Bar Councils across different states have opposed the draft Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act 2010.

The Bar Council of the North East states today expressed its concern and in a press conference stated that the Bill introduced by the central government clearly demonstrates the autocratic tendency of the Government of India and is an attempt to destroy the autonomy of the Indian Bar by creating divisions amongst the legal practitioners. The Council maintains that the Bill further seeks to make the central government the overall authority to control and regulate the affairs of the Bar Councils both at the central and the state level which directly amounts to interference with the Bar Councils.

According to the Council, the Bill is in direct conflict with the Advocates Act 1961 and is an anti-advocates Bill. The Council expressed its concern that this amounts to curtailing the autonomy of Bar Councils constituted under Advocates Act and also amounts to converting the legal profession into a trade and business by allowing entry of unqualified persons to practice law. This will eventually adversely affect the public in general. The Council also expressed that the Act would make the government a super imposing authority and to ensure that the advocates also follow the philosophy of the government. The Council further highlighted that this was a ploy for allowing foreign lawyers to practice in India.

The Bar Council of the Northeastern States called upon all the Bar Associations of the region from sub-division level to state level to send representation to the Union Law Minister demanding that the Bill be scrapped. The Council resolved to observe Protest Day on 24 March, 2011 by way of sit-in demonstration and wearing protest badges, which is in tune with the resolution adopted by the joint meeting the Bar Council of India and state Bar Councils held in Jaipur on March 12 last.

The sit-in demonstration shall be held in the Bar Association premises in each and every district and sub-divisions in the N-E states including Sikkim by the advocates.

Similarly the Bar Council of Himachal Pradesh will also be observing March 24 as national Protest Day, as stated by YS Chandel, acting Secretary, of the Bar Council of Himachal Pradesh. The advocates are opposing the Act and the hidden agenda of which according to them is to attack on the unity, solidarity and independence of the Bar and to undermine the legal profession in the country.

The draft bill, according to the Government aims to provide for "the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry out the activities of legal practitioners; to make provisions for the establishment of an ombudsman for complaints against the professionals and for a scheme to consider and determine complaints against the legal practitioners; to make provision in respect of providing legal services free of charge and for connected purposes".

The draft law defines the term 'legal practitioners' in a wide and comprehensive manner to include not only those appearing before courts but also includes the qualified lawyers engaged in legal practice confined to their chamber, engaged in drafting and conveyancing, practitioner of income tax and sale tax and those appearing before the relevant authorities, giving advise to the clients for a fee, gain or reward in the areas of customs, immigrations, trademark and patent services and all other professional services where legal issues are involved.

Further, the draft law also provides for the professional principles which it obliges the legal professional to follow, which are mainly, to act with independence and integrity, maintain proper standards of work, act in the best interest of their clients, act with the interest of justice and to keep the affairs of clients as confidential.

Further, the aim behind enactment of this proposed law is also provided for in the draft bill itself wherein the reasons have been enumerated as the regulatory objectives as under;

(a) protecting and promoting the public interest;
(b) supporting the constitutional principle of the rule of law;
(c) improving access to justice;
(d) protecting and promoting the interests of the clients of the legal practitioners;
(e) promoting healthy competition amongst the legal practitioners for improving the quality of service;
(f) encouraging an independent, strong, diverse and effective legal profession with ethical obligations and with a strong sense of duty towards the courts and tribunals where they appear;
(g) creating legal awareness amongst the general public and to make the consumers of the legal profession well informed of their legal rights and duties;
(h) promoting and maintaining adherence to the professional principles.

Source - http://www.lawetalnews.com/NewsDetail.asp?newsid=3624

The Karnataka State Bar Council today opposed the proposed Legal Practitioners Act 2010, terming it as "totally unnecessary" and said they would join the March 24 nationwide protest against it.
"The proposed Draft Bill is totally unnecessary as every one of the subject matters sought to be covered by the Draft Bill actually is the subject matter for which Advocates Act, 1961, has been enacted and Bar Council at the State level and Bar Council of India have been established," State Bar Council President Jayakumar S Patil told reporters here.
This, along with creation of a Legal Services Board as a super regulatory body would interfere with independence of the Bar, he said.
Under the proposed Act, legal professional is defined to include anybody dealing with legal issues though they are not enrolled as advocates, which is a "dangerous trend", he said.
The draft legislation was intended to cover persons coming from abroad practicing legal profession. Other clauses clearly indicate this is not a legislation proposed to control and regulate working of legal professionals coming from other countries, Patil said.
The Legal Services Board as contemplated is supposed to be constituted by appointment of Chairman and Members in consultation with Chief Justice of India and Chairman of Bar Council of India "which definitely gives an indication that persons to be considered for appointment are retired judges."
The Bar, Patil said, strongly feels any control of the profession should be by professionals themselves and bringing in Judicial Officers, whether serving or retired, "is totally against the concept of independence of Bar".
So if Legal Services Board is to be constituted, persons in the Board should only be from among advocates, Patil said.
He opposed the concept of appointment of Ombudsman i.e. a retired High Court Judge or retired Judicial Officers, describing it as "anathema to independence of the Bar".
Instead of creating another top heavy body, it is better that existing structure under the Advocates Act be reinforced, if necessary through appropriate amendments, to provide infrastructure as well as funds, he said.

Source - http://news.in.msn.com/national/article.aspx?cp-documentid=5036333

JAIPUR: Lawyers across the country will boycott courts on March 24 in protest against the proposed Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act 2010.

A decision in this regard was taken at the end of a day-long conference of state Bar councils organised here by the Bar Council of Rajasthan (BCR) on Saturday. Eight members of the Bar Council of India (BCI) and chairmen and members of Bar councils from nearly a dozen states took part in the conference.

During the conference, Bihar State Bar Council chairman Baleshwar Prasad Sharma and Suresh Chand Srimali, member and former chairman of the BCR, had demanded action against BCI chairman Gopal Subramaniam for allegedly supporting the government on the proposed Act, which the lawyers believe would curtail powers of the Bar Councils and "commercialise" their profession. Subramaniam was not present at the conference.

The lawyers alleged that the proposed Act would enable formation of a legal service board comprising a chairman, a member secretary and five members who would usurp the powers of the BCI and other state Bar councils.

The participants were concerned that the board would appoint ombudsmen for each state to deal with the complaints against the law professionals and, thereby, interfere with the freedom of lawyers.

"The conference unanimously decided to oppose the proposed Act as it derogates and condemns the provisions of the Advocates Act 1961," said Sanjay Sharma, a BCR member and co-convener of the conference.

"The proposed Act will work as a body giving entry tickets to foreign law firms/consultancy firms and legal practitioners, thus commercializing the noble profession of litigation," said Ram Manohar Sharma, president of the Bar Association of Jaipur.

The participant Bar Councils resolved to form an All India Advocates Action Committee to decide on the further course of action on the issue.

"BCR chairman N S Chaudhary has been nominated chairman of the committee and BCI member M Rajendra Reddy as its co-convener. All BCI members and chairmen of the state Bar councils shall be the committee members," Sanjay Sharma said.

The committee would submit a representation opposing the proposed Act to the Prime Minister and the Law minister.

The state Bar councils also resolved to demand a transfer policy for judges to bring transparency in the judiciary. They also demanded that the state governments should pay a "matching grant" to the respective Bar councils for the welfare of lawyers.

Source - http://articles.timesofindia.indiatimes.com/2011-03-13/jaipur/28685769_1_bar-councils-bci-boycott-courts

CJI Kapadia laments lawyers' disinterest in law - Times of India

2011-03-14T20:59:00.000+05:30

Chief Justice of India S H Kapadia on Saturday rued the fact that neither senior lawyers nor students of law take any real interest in their subject - law.

"Senior lawyers are not contributing to development of law, as they used to do in the past. Even young students do not take interest in this pursuit. Earlier in the Supreme Court, such students used to come, sit in courtrooms and take notes. But now they disappear in five minutes. They are more interested in transaction matters. There is nothing wrong in it. But how many can now argue on reasonableness?," said Justice Kapadia.

The CJI was speaking on 'Constitutional Morality' at the sixth Justice P D Desai Memorial Lecture organised by the Praleen Charitable Trust here.

Justice Kapadia advised students from various universities present at the function not to rely totally on information downloaded from internet. "Please do not go by guides and internet. You have to put in hard work. Money will not make you happy, but it's the learning that will," he said adding that the future generation of lawyers should be able to argue on doctrine of reasonableness and principles.

The CJI praised India for its vastness of opportunities by citing his own example as how he began his career as a peon in a Parsi trust and how he reached the top post of judiciary. "Ability may take you to the top, but you require character to remain on the top," he said advising young lawyers to maintain integrity in their profession.

Justice Kapadia also advised judges not to lecture society. "The problem is that sometimes we judges impose our own values, our own likes or dislikes on the society. The judges should keep in mind that we cannot judge the wisdom of legislatures. We have to work for constitutional principles. I have no right to say what others should do, but I have to perform the duty on constitutional principles," he said.

Source - http://articles.timesofindia.indiatimes.com/2011-03-13/ahmedabad/28685847_1_justice-kapadia-sc-judges-young-lawyers