Legal News – Weekly Newsletter for November 22-29, 2010

Integrity rule also for judicial posts, government tells court

NEW DELHI – The central government Monday told the Supreme Court that if the criterion of impeccable honesty and integrity in appointments to higher positions has to be followed in every case then all judicial postings would come under scrutiny.

Impeccable honesty and integrity is a criterion for all appointments under the constitution, Attorney General …. Source article  : Integrity rule also for judicial posts, government tells court.

SC raps government, asks how CVC will function in light of criminal case

NEW DELHI – The Supreme Court on Monday asked the Central Government if Central Vigilance Commissioner (CVC) P.J. Thomas could function effectively in view of various charges levelled against him.

“Without looking into the file, we are concerned that if a person is an accused in a criminal case how will he function as CVC,” a … Read the original article on Gaea Times at : SC raps government, asks how CVC will function in light of criminal case.

Himachal villagers protest in Delhi against dam

NEW DELHI/SHIMLA – Around 100 villagers from Himachal Pradesh began a two-day protest in New Delhi Monday against the construction of a hydroelectric project in Sirmaur district that also aims at providing drinking water to Delhi. The project would displace hundreds of people, the protesters said.

The Rs.2,700 crore ($560 million) Renuka dam to …. Source article on Gaea Times at  : Himachal villagers protest in Delhi against dam.

Can Thomas be an effective CVC, asks Supreme Court

NEW DELHI – The Supreme Court Monday asked the central government if Central Vigilance Commissioner P.J. Thomas could function effectively in view of various charges hurled against him.

The apex court bench headed by Chief Justice S.H. Kapadia wondered if a person who is an accused and facing a chargesheet could head a watchdog body.
… Read : Can Thomas be an effective CVC, asks Supreme Court.

US surgeon sues women following ‘Frankenstein’ boobs claim

LONDON – A US cosmetic surgeon has filed a lawsuit against a former patient for claiming in an online post that his botched surgery left her with ‘Frankenstein’ breasts.

Dr Jay Pensler has taken legal action against his former patient stating her comments about his work were destroying his reputation.

Chicago based Pensler decided to launch his … Read : US surgeon sues women following ‘Frankenstein’ boobs claim.

Ex-legislator alleges housing scam in Madhya Pradesh

BHOPAL – Former Madhya Pradesh lawmaker and Congress leader Prakash Raghuwansi Sunday alleged a scam in a scheme for allotting flats to MPs and legislators in the Bharatiya Janata Party (BJP)-ruled state.

Sharing documents with reporters, he said under the scheme houses were mostly allotted to BJP leaders.
The Congress leader, who has moved the …. Read the original article  : Ex-legislator alleges housing scam in Madhya Pradesh.

‘Dalits still being targetted in Uttar Pradesh’

LUCKNOW – The National Commission for Scheduled Castes Sunday rejected the Uttar Pradesh government’s claims of bringing down incidents of violence against Dalits, terming them “baseless and misleading”.

The commission’s newly-appointed chairman P.L. Punia said the state government released figures of only the first six months of this year, and atrocities against Dalits had actually …. Read the original article  : ‘Dalits still being targetted in Uttar Pradesh’.

Sale of liquor near film festival venue opposed

PANAJI – Women’s rights groups in Goa are opposing the sale of liquor close to the venue of the 41st International Film Festival of India (IFFI) here.

The IFFI, which gets underway Monday, is in the crosshairs of the Bailancho Saad, a women’s rights group, with the festival organisers allowing sale of liquor near the … Read the original article on Gaea Times at : Sale of liquor near film festival venue opposed.

PPP demands suo moto in Saifur Rehman audio-tape issue

KARACHI – The Pakistan People’s Party (PPP) has demanded suo moto action by Supreme Court Chief Justice Iftikhar Mohammad Chaudhry against people involved in the Saifur Rehman audio-tape issue, Adviser to the Sindh Chief Minister on Information and Archives, Sharmila … Read more : PPP demands suo moto in Saifur Rehman audio-tape issue.

Nobel committee cool to Walesa offer

WARSAW/OSLO – The Nobel committee Monday was cool to an offer by former Solidarity leader Lech Walesa to pick up the Nobel Peace Prize on behalf of Liu Xiaobo, since the Chinese dissident and his family will be unable to attend the December award ceremony in Oslo.

“It’s a possibility,” Walesa told Polish Radio, adding …. Original article  : Nobel committee cool to Walesa offer.

Apex court wants better work conditions in national tribunals

NEW DELHI – The Supreme Court Monday asked the central government why one standard notification providing for uniform working conditions of all national tribunals was not being issued. The national tribunals are headed by former apex court judges.

The court made this observation in the course of a hearing on a petition which said that … Original source on Gaea Times at : Apex court wants better work conditions in national tribunals.

2G spectrum probe: CBI tells apex court charge-sheet in March

NEW DELHI – The Central Bureau of Investigation (CBI) Monday told the Supreme Court that it would complete its investigation into the second-generation (2G) spectrum allocation scandal and file a charge-sheet by March next year.

There was a transcript of taped telephone conversations running into 5,800 pages, out of which 3,500 pages had been analyzed. … Read more »».

Integrity rule also for judicial posts, government tells court (Second Lead)

NEW DELHI – The government Monday told the Supreme Court that if its criterion of central vigilance commissioner (CVC) being an outstanding civil servant of impeccable honesty and integrity was to be followed in all postings then every judicial appointment would come under scrutiny.

“Impeccable honesty and integrity is a criterion for all the … Read the original article on Gaea Times at : Integrity rule also for judicial posts, government tells court (Second Lead).

‘Bigg Boss’ gets further reprieve till Dec 3

MUMBAI – Reality TV show “Bigg Boss” got a further reprieve Monday after the Bombay High Court adjourned till Dec 3 hearing on its appeal against a central government order changing its telecast timings, a Colours channel spokesperson said.

The matter came up before a division bench of Justice D.K. Deshmukh and Justice N.D. …. Original article  : ‘Bigg Boss’ gets further reprieve till Dec 3.

Maximum child abuse cases from Delhi, Uttar Pradesh

NEW DELHI – The National Commission for Protection of Child Rights (NCPCR) received 75 cases of child abuse till Oct 31. The highest number of cases were reported from Delhi and Uttar Pradesh, the Rajya Sabha was informed Monday.

Minister of Women and Child Development Krishna Tirath said the figure included cases of corporal punishment.
… Read more »».

2G scam: Prime Minister not guilty: Swamy

NEW DELHI – Janata Party President Subramanian Swamy, who is the chief petitioner in the 2G Spectrum case, on Monday told the Supreme Court that there was no malafide on the part of the Prime Minister, Dr Manmohan Singh, and added that he was badly advised on the issue.

Swamy told the apex court that the …. Source article on Gaea Times at  : 2G scam: Prime Minister not guilty: Swamy.

Myanmar grants visa to Suu Kyi’s son

YANGON – The second son of Nobel peace laureate Aung San Suu Kyi has been granted a visa to meet his mother, whom he last visited 10 years ago and who was released this month after seven years of house arrest, officials said Monday.

Kim Aris, 33, applied for a visa at the Myanmar embassy … Read more : Myanmar grants visa to Suu Kyi’s son.

UN campaign to protect Delhi women from violence

NEW DELHI – The United Nations Development Fund for Women (Unifem) Monday launched a programme here with the aim of checking violence against women and adolescent girls in public space. Delhi is one of the five cities across the world selected for the “Safe Cities” programme.

The other four cities where the programme, ‘Global …. Source  : UN campaign to protect Delhi women from violence.

PM not to blame for delay in reply, Swamy tells apex court

NEW DELHI – Former MP Subramanian Swamy Tuesday told the Supreme Court that Prime Minister Manmohan Singh had no malafide intention in blocking his letter seeking sanction to prosecute then telecom minister Andimuthu Raja in the scandal involving spectrum allocation to mobile companies.

“The prime minister had no evil or bad intention to delay …. Source article  : PM not to blame for delay in reply, Swamy tells apex court.

Over 53 Indians stranded in Libya, says NGO

CHANDIGARH – A non-government organisation (NGO) Lok Bhalai Party (LBP) Tuesday urged the government to rescue over 53 youths from Punjab stranded in Libya.

“Over 53 Punjabi youths are stranded in Libya. They were sent there by unscrupulous travel agents, who had promised them lucrative jobs. But now they are forced to work as … Original article on : Over 53 Indians stranded in Libya, says NGO.

2G scam: Supreme Court examines Manmohan Singh’s affidavit

NEW DELHI – The Supreme Court on Tuesday examined the affidavit filed on behalf of the Prime Minister, Dr. Manmohan Singh, that rejects charges of inaction on the part of the PMO in the 2G spectrum scam.

Appearing on behalf of the Prime Minister, Attorney General G E Vahanvati told the …. Original article on Gaea Times at  : 2G scam: Supreme Court examines Manmohan Singh’s affidavit.

PM not obliged to sanction Raja prosecution: Vahanvati to court

NEW DELHI – Prime Minister Manmohan Singh was not obliged under the law to grant sanction to launch prosecution proceedings against then telecom minister A. Raja in the 2G spectrum scam, Attorney General G. Vahanvati told the Supreme Court Tuesday.

Vahanvati, appearing in the case for the first time, conveyed this to the apex court … Read more : PM not obliged to sanction Raja prosecution: Vahanvati to court.

Corruption evidence against Zia, says anti-graft body

DHAKA – Bangladesh’s Anti-Corruption Commission (ACC) has claimed to have found “convincing” evidence to prove graft charges against former prime minister Khaleda Zia but not against her two sons who are now in exile.

Indications that she might be booked by the ACC came on the day Zia’s Bangladesh Nationalist Party (BNP) announced a series …. Read the original article  : here.

2G scam: Supreme Court to examine PM’s affidavit today

NEW DELHI – The Supreme Court will on Tuesday examine the affidavit filed on behalf of Prime Minister Dr. Manmohan Singh that rejects charges of inaction on the part of the PMO in the 2G spectrum scam.

The 10-page affidavit reads that there was no inaction on Prime Minister’s behalf and how the Janata Party President …. Source article on Gaea Times at  : 2G scam: Supreme Court to examine PM’s affidavit today.

Goa court issues notice to governor’s aide

PANAJI – A local court Wednesday issued notice to Goa Governor S.S. Sidhu’s aide de camp (ADC), who is also a vigilance officer, to appear before it in connection with an alleged land scam.

Judicial Magistrate First Class, Panaji, issued notice to ADC Bosco George.
The notice was issued during the hearing of a petition … Read more : Goa court issues notice to governor’s aide.

Riot panel witness testifies against Teesta Setalvad

AHMEDABAD – A former associate of social activist Teesta Setalvad Wednesday told a panel probing the 2002 Gujarat riots that she fabricated affidavits filed on behalf of the riot victims and tried to mislead courts.

Rais Khan Pathan deposed before the Justices G.T. Nanavati-Akshay Mehta enquiry commission probing the Godhra train carnage and the subsequent [..] Read the original article: here.

Spectrum case is mother of all scams: Apex court

NEW DELHI – Given the enormity of the amount involved, the scandal related to spectrum allocation to mobile companies was the mother of all scams, the Supreme Court said Wednesday.

This scam will put to shame all other scams put together, said the apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly.
The …. Original source  : Spectrum case is mother of all scams: Apex court.

Shabana willing to bring MPs on board for maternal mortality

NEW DELHI – Actor and social activist Shabana Azmi Wednesday said she is willing to take on the responsibility of getting concerned MPs on board to work on the issue of maternal mortality in India.

“MPs need an emotional trigger to commit themselves to the issue of maternal health. The fact that 60,000 to 80,000 …. Source article  : Shabana willing to bring MPs on board for maternal mortality.

Letter casts aspersions on judges hearing spectrum case

NEW DELHI – The Supreme Court Wednesday revealed that it had received a letter alleging that the bench hearing the case related to allocation of spectrum to mobile companies had been “managed”.

The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly’s revelation shocked the people present in the court including Solicitor General … Read this article on Gaea Times at : Letter casts aspersions on judges hearing spectrum case.

Supreme Court reserves order on Swamy’s plea

NEW DELHI – The Supreme Court Wednesday reserved its order on Janata Party chief Subramanian Swamy’s petition seeking direction to Prime Minister Manmohan Singh to grant him sanction to prosecute then telecom minister A. Raja over the scandal involving spectrum allocation to mobile companies.

While reserving the verdict, the apex court bench of Justice G.S. …. Read the original article  : here.

CBI open to filing report in apex court on spectrum probe

NEW DELHI – The Central Bureau of Investigation (CBI) Wednesday told the Supreme Court that it was willing to file a status report, as and when required, on its investigations into the scandal involving spectrum allocation to mobile companies.

The investigating agency told the court that it would argue on merit the petition by …. Source  : Gaea News Network.

Ordinary policemen deserve basic amenities: Mahasweta Devi

KOLKATA – Magsaysay Award winner Mahasweta Devi Wednesday criticised the West Bengal government for the “injustice” meted out to low-ranking policemen, saying that they deserved basic amenities which, if denied, could lead to a “mutiny”.

“The Marxist-led state government in the last 33 years did not gave anything to the people and the policemen in … Read more : Ordinary policemen deserve basic amenities: Mahasweta Devi.

CBI ready to file report in apex court on spectrum probe

NEW DELHI – The Central Bureau of Investigation (CBI) Wednesday told the Supreme Court that it was willing to file a status report on its investigations into the scandal involving spectrum allocation to mobile companies.

The investigating agency said the status report could be filed after every eight weeks till the filing of the … Read more »»».

2G scam: Supreme Court reserves verdict on Swamy’s plea to prosecute Raja

NEW DELHI – The Supreme Court on Wednesday reserved its verdict on a plea seeking a direction to Prime Minister Manmohan Singh for grant of sanction to prosecute former Telecom Minister A Raja in the 2G Spectrum case.

A bench of Justices G S Singhvi and … Read more »».

Clarify stand on tainted officials’ postings: Himachal court

SHIMLA – The Himachal Pradesh High Court has asked the state government to clarify its stand on the postings of tainted officials occupying crucial posts.

Taking note of officers of doubtful integrity being placed in sensitive posts by the government, a division bench of Chief Justice Kurian Joseph and Justice V.K. Sharma asked the chief …. Original article on Gaea Times at  : Clarify stand on tainted officials’ postings: Himachal court.

Blunder means 1m Church of England marriages are ‘invalid’

LONDON – Lawyers for the Church of England have revealed that more than one million marriages in Britain are legally “invalid” all because the vicars who married them used the wrong form of words.

The error opens up the possibility that married partners heading for a divorce may try to deny their spouse maintenance, support or …. Source article on Gaea Times at  : Blunder means 1m Church of England marriages are ‘invalid’.

Virbhadra to appear before court in graft case

SHIMLA – Union Steel Minister Virbhadra Singh and his wife Pratibha Singh would be appearing before a trial court Nov 30 in connection with a corruption case against them, a lawyer said Friday.

Special Judge B.L. Soni had issued a notice to the couple Oct 23 in the corruption case registered against them by the …. Original source  : Virbhadra to appear before court in graft case.

Pak Supreme Court can issue notices to spymasters as no one above law: Chief Justice

ISLAMABAD – The Supreme Court of Pakistan has ruled that it has the authority under the constitution to serve notices to intelligence agencies, as no one is above the law.

“The apex court has wider jurisdiction under Article 184(3) and Article 185 of the constitution to issue notices pertaining to important public cases,” the Daily Times …. Source article  : Pak Supreme Court can issue notices to spymasters as no one above law: Chief Justice.

Plea on appointment of judges referred to larger bench

NEW DELHI – The Supreme Court Friday referred to the larger bench a petition seeking details of the apex court collegium on the appointment of judges in higher judiciary.

Using the Right To Information (RTI) Act, the petitioner Subhash Agarwal had also sought information on the correspondence between the chief justice of India and the …. Original article on Gaea Times at  : Plea on appointment of judges referred to larger bench.

Teesta denies fabricating riot victims’ affidavits

GANDHINAGAR – Activist Teesta Setalvad, general secretary of Citizens for Justice and Peace (CJP), has denied allegations made by a former associate that she fabricated affidavits of the 2002 Gujarat communal riot victims.

Her denial came in a counter-affidavit filed Thursday before the Justices G.T. Nanavati-Akshay Mehta enquiry commission probing the Godhra train carnage … Read this article on Gaea Times at : Teesta denies fabricating riot victims’ affidavits.

138 illegal structures demolished in north Delhi

NEW DELHI – As many as 138 illegal structures on government land were demolished by the revenue department Thursday in north Delhi, an official said.

The demolition took place in Narela.
“A total of 138 structures, mainly boundary walls, some rooms and houses were demolished in Bajitpur Thakran village. Criminal proceedings have also been initiated,” … Original article on : 138 illegal structures demolished in north Delhi.

Loss to exchquer key question in spectrum case: Apex court

NEW DELHI – As the Central Bureau of Investigation (CBI) Thursday offered to file in the Supreme Court a status report on its probe into the scandal involving allocation of spectrum to mobile companies, the court said the basic question was the “huge loss to the public exchequer and consequent pecuniary gains to private operators”. …. Read the original article  : here.

CIC drive to dispose over three-month-old cases

NEW DELHI – The Central Information Commission (CIC) has launched a special drive to dispose right to information (RTI) cases which are more than three months old, the Rajya Sabha was informed Thursday.

Minister of Personnel, Public Grievances and Pensions V. Narayansamy, replying to a written question, said: “The CIC has launched a special drive …. Original source  : CIC drive to dispose over three-month-old cases.

Frivolous petitioner told to pay Rs.1 lakh

GANDHINAGAR – The Gujarat High Court Thursday imposed costs of Rs.1 lakh on an organization for a frivolous plea seeking amendment to the existing laws and demanding a new legislation to protect men from atrocities by their wives.

A division bench comprising Chief Justice S.J. Mukhopadhaya and Justice K.M. Thaker imposed the costs on the … Read the original article on Gaea Times at : Frivolous petitioner told to pay Rs.1 lakh.

LHC seeks Pak govt’s reply on petition seeking Musharraf’s trial for high treason

LAHORE – The Lahore High Court has sought a reply from the Pakistan government on December 21 on a petition seeking former president Pervez Musharraf’s trial on high treason charges.

On Friday, a junior law officer appeared before the court on Deputy … Read : LHC seeks Pak govt’s reply on petition seeking Musharraf’s trial for high treason.

Demand for details on judges goes to constitutional bench

NEW DELHI – The Supreme Court Friday referred to the constitution bench whether details including file notings and correspondence in pursuance to the appointment of judges to higher judiciary could be accessed under the Right to Information Act.

“We are of the considered opinion that a substantial question of law as to the interpretation of …. Read the original article  : Demand for details on judges goes to constitutional bench.

Mandatory HIV testing no longer required for Indian visa

NEW DELHI – Foreign nationals coming to India will no longer have to sign an undertaking regarding their HIV status in their visa forms, the Forum of Parliamentarians on HIV and AIDS said Friday, describing the move as “very heartening”.

Navneet S. Tewatia, coordinator of the forum, said: “The ministry of health and family … Read more >>.

Supreme Court orders Allahabad HC to do some ‘house cleaning’

NEW DELHI – The Supreme Court on Friday questioned the integrity of some of the judges of the Allahabad High Court, by saying that “something rotten” was going on within that institution.

A two-judge bench of the apex court, comprising Mr. Justices … Original source on Gaea Times at : Supreme Court orders Allahabad HC to do some ‘house cleaning’.

Lawsuit challenges SBI’s life insurance scheme

LUCKNOW – The Lucknow bench of the Allahabad High Court Friday issued a notice to SBI (State Bank of India) Life Insurance on a public interest litigation (PIL), challenging the firm’s scheme of deducting a hefty premium against any housing loan taken from the bank.

Seeking the court issue a writ of mandamus to …. Read the original article  : here.

Law to protect children against sexual offences soon: Tirath

NEW DELHI – The government has proposed to bring in a new law to curb rising number of cases of sexual offence against children and a draft bill is at the stage of inter-ministerial consultation, Women and Child Development Minister Krishna Tirath said Friday.

“The draft bill on protection of children from sexual offences is …. Source  : Law to protect children against sexual offences soon: Tirath.

No such thing as ‘pure chocolate’, EU high court rules

LONDON – There is no such thing as ‘pure chocolate’, according to the Court of Justice of the European Union.

The ruling on Thursday voided an Italian law that recognizes some delicacies as ‘pure chocolate’, reports the Telegraph.

The court said that if a product … Read more : No such thing as ‘pure chocolate’, EU high court rules.

‘Brit-Indian honeymooner to return to Cape Town to identify wife’s murderers’

CAPE TOWN – Brit-Indian business tycoon Shrien Dewani, whose wife was killed during their honeymoon trip in Cape Town, would reportedly reach South Africa this weekend to identify the culprits, according to lawyers for two men accused of the crime.

Dewani … Read the original article on Gaea Times at : ‘Brit-Indian honeymooner to return to Cape Town to identify wife’s murderers’.

Allotment of Baloch land to US, NATO forces challenged in Lahore HC

ISLAMABAD – A Pakistani lawyer has moved the Lahore High Court against the allotment of land to US and NATO forces in Balochistan.

Advocate Illamud Din submitted before the court on Saturday that the government had handed over a big area to foreign forces for setting up an airbase, which was against the country’s sovereignty, the …. Source  : Gaea News Network.

Moily assures of steps to make judges more accountable

NEW DELHI – A day after the Supreme Court slammed some judges of the Allahabad High Court for nepotism and corruption, union Law Minister M. Veerappa Moily Saturday said the government will take steps to make judges more accountable.

Moily was reacting to the order of the apex court bench of Justice Markandey Katju and …. Original article on Gaea Times at  : Moily assures of steps to make judges more accountable.

Book Arundhati, Geelani for anti-India speeches: Delhi Court

NEW DELHI – A city court Saturday ordered Delhi Police to register an FIR against Hurriyat leader Syed Ali Geelani, writer-activist Arundhati Roy and five others for making ‘anti-India’ speeches during a seminar here Oct 21.

“The Delhi Police are hereby directed to lodge an FIR under relevant provisions of the Indian Penal Code and …. Original source  : Book Arundhati, Geelani for anti-India speeches: Delhi Court.

Blasphemy accused Pak-Christian woman approaches LHC against death sentence

ISLAMABAD – Pakistani-Christian woman Aasia Bibi’s lawyer has filed a petition in the Lahore High Court against the sessions court decision on November 12, in which she was sentenced to death on charges of blasphemy, Federal Minister for Minority Affairs Shahbaz Bhatti has said.

Bhatti made these revelations while giving a briefing to the National Assembly …. Read the original article  : Blasphemy accused Pak-Christian woman approaches LHC against death sentence.

Britain will need 2 mn new homes for immigrants

LONDON – Britain will need more than two million new homes over the next 25 years to cope with immigration, a media report said Saturday.

Official figures released Friday showed that Britain will have to provide homes for 83,000 migrant families a year if the influx continues at the current rate, reports Daily Mail.
… Read the original article on Gaea Times at : Britain will need 2 mn new homes for immigrants.

Court orders police to file FIR against Geelani, Roy

NEW DELHI – A Delhi court Saturday ordered the police to register an FIR against Hurriyat leader Syed Ali Geelani, writer-activist Arundhati Roy and five others for making anti-India speeches at a conference here Oct 21.

According to an order by Patiala House Court, the others against whom the First Information Report is to be …. Read the original article  : Court orders police to file FIR against Geelani, Roy.