Legal News – Weekly Newsletter for January 17-24, 2011

Monday, January 24, 2011

MoEF to submit Lavasa report in Bombay High Court

MUMBAI – The Ministry of Environment and Forests (MoEF) will on Monday submit a report prepared by its Expert Appraisal Committee (EAC) on the environmental impact of Lavasa in the Bombay High Court.

The fate of Lavasa, planned across 25,000 acres in Baramati district near Pune, hangs in balance after objections were raised over …. Source : MoEF to submit Lavasa report in Bombay High Court.

Palin defends Jewish “blood libel” comment, accuses opponents of trying to ’shut her up’

WASHINGTON – Potential 2012 presidential candidate Sarah Palin has defended her “blood libel” phrase that she had used in her video response to the Arizona shootings, and added that her critics cannot ’shut her up’ over her conservative agenda.

Palin said her left rivals hate her messages and therefore, trying to stop her.

“I believe there …. Original article : Palin defends Jewish “blood libel” comment, accuses opponents of trying to ’shut her up’.

Can’t use housing complex as religious building: Gujarat court

GANDHINAGAR – A residential complex cannot be used as a religious building, the Gujarat High Court has ruled and stated that doing so would amount to a breach of the Bombay Provincial Municipalities Act.

Justice R.R. Tripathi ruled that residential buildings were different from those used for religious purposes. The issue involved in the petition … Original article on : Can’t use housing complex as religious building: Gujarat court.

Bombay High Court wants CBI probe on Adarsh scam within two weeks

MUMBAI – The Bombay High Court has asked the Central Bureau of Investigation (CBI) to complete its probe into Mumbai’s Adarsh housing society scam in two weeks.

The CBI has also been asked to take a decision on filing FIRs in the case.

Earlier, accusing the controversial Adarsh Society of violating the spirit of Coastal Regulation …. Source : Bombay High Court wants CBI probe on Adarsh scam within two weeks.

Environment Ministry to submit Lavasa housing project report

MUMBAI – The Ministry of Environment is expected to file its reply on Lavasa housing project before the Bombay High Court today.

In the report finalised on Monday, the ministry has reportedly said that status quo must be maintained at the site till a final order is given by the Bombay High Court.

The Lavasa Corporation had [..] Read the original article: here.

1.6 bn people still have no access to electricity: UN

NEW YORK – The UN has called for a clean energy revolution that would provide electricity to the world population, including the 1.6 billion people who currently have no access to it.

UN Secretary General Ban Ki-moon said in an address to the Fourth World Future Energy Summit in Abu Dhabi that energy provisions can …. Original article : 1.6 bn people still have no access to electricity: UN.

CVC Thomas ‘fully eligible’ for post, government tells apex court

NEW DELHI – Strongly defending Central Vigilance Commissioner (CVC) P.J. Thomas’ appointment, the government Monday told the Supreme Court that Thomas was an outstanding civil servant of impeccable integrity and fully eligible to be the CVC as per the CVC Act”.

The government in its affidavit said that the question of suitability is squarely the …. Source : Gaea News Network.

No change in Ashtiani case, says Iranian judiciary

TEHRAN – The Iranian judiciary Monday said there have been no changes in the case of Sakineh Mohammadi-Ashtiani and denied that her death sentence was suspended, official news agency IRNA reported.

In a letter from parliament’s human rights committee head Zohreh Elahian to Brazilian President Dilma Rousseff, reported earlier Monday by ISNA news agency, she … Read more : No change in Ashtiani case, says Iranian judiciary.

Civic agencies get praise for night shelters from apex court

NEW DELHI – The capital’s civic agencies got a pat on the back from the apex court Monday for putting up night shelters promptly during the intense winter.

Expressing satisfaction that no death was recorded in Delhi despite the severe winter because of the night shelters, the court remarked: We hope that the apex …. Source article : Civic agencies get praise for night shelters from apex court.

Probe wing of police not answerable to political bosses: Court told

NEW DELHI – The investigative wing of the police force is a part of the criminal justice delivery system and it was not answerable to a minister or the political bosses, the Supreme Court was told Monday.

The apex court was hearing submissions on the report of the monitoring committee headed by Justice (Retd.) T.K. …. Original source : Probe wing of police not answerable to political bosses: Court told.

Delhi ombudsman moves high court

NEW DELHI – The Delhi lokayukta (ombudsman) Monday approached the Delhi High Court challenging its order preventing it from inquiring into corruption allegations against three Indian Administrative Service (IAS) officers.

In an appeal to the division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna, Lokayukta Manmohan Sarin asserted that his office was empowered …. Source : Gaea News Network.

UN envoy arrives in Sri Lanka to assess humanitarian needs

COLOMBO – A senior UN envoy arrived in Sri Lanka Wednesday to assess the humanitarian needs of victims of last week’s floods and of refugees displaced by its civil war, officials said.

Assistant Secretary General Catherine Bragg planned to assess the needs of about 20,000 war refugees still living in government-run camps in the north … Read : UN envoy arrives in Sri Lanka to assess humanitarian needs.

Lalgarh killings: Calcutta High Court refuses to order CBI probe

KOLKATA – The Calcutta High Court on Wednesday refused to order the Central Bureau of Investigation (CBI) to probe the January 7 killings in Lalgarh’s Netai village.

Hearing a Public Interest Litigation (PIL) seeking a CBI probe into the Lalgarh killings, the court directed the state CID to continue to probe the matter.

In an interim … Read this article on Gaea Times at : Lalgarh killings: Calcutta High Court refuses to order CBI probe.

Malaysian minister orders probe in Sikh trainee’s hair cut

KUALA LUMPUR – Malaysian Defence Minister Ahmad Zahid Hamidi has ordered a probe into a claim of a Sikh trainee of the National Service that his hair was cut while he slept during a camp.

National Service Training Department director-general Abdul Hadi Awang Kechil said a team from the department would be sent to conduct … Read the original article on Gaea Times at : Malaysian minister orders probe in Sikh trainee’s hair cut.

Hospital to treat 18-year-old heart patient for free

NEW DELHI – The G.B. Pant Hospital Tuesday assured the Delhi High Court that it would provide free treatment to an 18-year-old boy who sought a direction to the hospital not to charge Rs.130,000 for the replacement of his two valves in the heart.

Justice S. Muralidhar disposed of the petition filed by Furkan Ali, …. Original article : Hospital to treat 18-year-old heart patient for free.

Court orders Hiranandanis to appear before it next month

PUNE – A local court here Tuesday asked three members of the realty major Hiranandani family to appear before it Feb 22 on a complaint alleging the environmental clearance to their power plant in Pune was obtained illegally.

Vadgaon judicial magistrate (first class) asked Niranjan Hirandandani, Darshan Hiranandani and Kamal Hiranandani to appear before …. Original source : Court orders Hiranandanis to appear before it next month.

Use discretion for poor, apex court tells states

NEW DELHI – The Supreme Court Tuesday said state governments should exercise their discretionary power for the poor and not for the rich and well-connected people with political clout.

The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly made the observation while slamming the manner in which the Bharatiya Janata Party (BJP) [..] Read the original article: here.

High court rejects plea against Delhi minister

NEW DELHI – The Delhi High Court has rejected a plea to invoke an additional charge of cheating against a Delhi minister — and Congress legislator –summoned by a magistrate to stand trial for concealing facts in an affidavit filed by him ahead of the 2008 polls.

The legislator in his affidavit given to the … Read more >>.

You can choose your path, court tells girl in love

NEW DELHI – The Delhi High Court Tuesday allowed an 18-year-old girl to live with a married man with whom she eloped.

Justice S.N. Dhingra said: “She is above 18 years of age. She has chosen a path for herself of living with a married man. It is her own life and this court cannot …. Original source : You can choose your path, court tells girl in love.

Mahasweta Devi to join mass sit-in for Binayak Sen’s release

KOLKATA – Jnanpith award winning writer Mahasweta Devi and several other intellectuals will stage a mass sit-in demonstration here Thursday to demand the release of rights activist Binayak Sen and Maoist ideologue Narayan Sanyal.

Eminent theatre personality Bivas Chakraborty, writer Tarun Sanyal, pro-Maoist activists and various civil rights groups will take part in the six-hour …. Source article : Mahasweta Devi to join mass sit-in for Binayak Sen’s release.

Adarsh scam: Maha Governor makes reference to Supreme Court for Tiwari’s suspension

MUMBAI – Maharashtra Governor K Sankaranarayanan on Tuesday made a reference to the Supreme Court for suspension of Information Commissioner Ramanand Tiwari for his alleged role in the Adarsh Housing Society scam in Mumbai.

According to reports, Governor Sankaranarayanan has made the reference under Section 17.1 of the Right To Information (RTI) Act.

With this development, …. Source article : Adarsh scam: Maha Governor makes reference to Supreme Court for Tiwari’s suspension.

Cabinet discusses black money issue after apex court rap

NEW DELHI – Prime Minister Manmohan Singh raised the issue of black money during a cabinet meeting here Thursday, a day after the Supreme Court queried why the government cannot name those involved in this $1.5-trillion “national plunder”.

The discussion came against the backdrop of the apex court coming down heavily on the government’s reluctance … Read more >>.

Sabarimala stampede: ‘Consider cancelling pilgrimage through Pullmedu’, says court

THIRUVANANTHAPURAM – Unimpressed by the reports submitted before it on the Sabarimala stampede, the Kerala High Court has said if the government cannot take basic safety precautions, it should consider cancelling the pilgrimage through the tricky narrow stretch, where 102 pilgrims lost their lives at Pullmedu in Idukki district last Friday.

Kerala Director General of Police …. Read the original article : here.

Afghan good in transit pilfered in Pakistan

ISLAMABAD – A large number of containers carrying Afghan trade goods have been pilfered inside Pakistan without crossing the border, causing a loss of approximately 19 billion to 37 billion rupees to the national exchequer during the last four years, Pakistan’s Supreme Court has been informed.

On Wednesday, the Federal Tax Ombudsman submitted a comprehensive report … Original article on : Afghan good in transit pilfered in Pakistan.

Australian to sue Delhi CWG for unpaid bills

SYDNEY – An Australian company is suing the Delhi Commonwealth Games Organising Committee over unpaid bills, said an official who has given his lawyers the names of other businesses that may want to join the legal action.

ABC.net.au reported that the Australian company that was behind the opening and closing ceremonies is now taking … Read more : Australian to sue Delhi CWG for unpaid bills.

Court refuses to take up plea on NDMC

NEW DELHI – The Delhi High Court Wednesday refused to entertain a petition seeking amendment to the law dealing with nomination of two members to the New Delhi Municipal Council (NDMC), saying it cannot take up the work of the legislature.

“We cannot legislate and recast the existing law and cannot allow the prayer seeking …. Original source : Court refuses to take up plea on NDMC.

Rights panel concerned over farmers’ suicides in Orissa

BHUBANESWAR/NEW DELHI – The National Human Rights Commission (NHRC) Wednesday expressed concern over the increasing cases of starvation deaths and farmers’ suicides in Orissa and gave a list of recommendations to the state government for the overall improvement in the human rights situation.

“The commission has received complaints of starvation deaths and farmers’ suicides in …. Source article : Rights panel concerned over farmers’ suicides in Orissa.

Orissa asked to improve human rights situation

NEW DELHI – After taking up all the pending cases in a two-day sitting in Orissa Jan 18-19, the National Human Rights Commission (NHRC) has given a list of recommendations to the state government for the overall improvement in the human rights situation.

According to a statement Wednesday, the commission took up a total of … Original source on Gaea Times at : Orissa asked to improve human rights situation.

‘Northeast women playing key role in peace process’

NEW DELHI – Having suffered pain and injustice for decades, women of the northeastern region of the country are coming together to act as interlocutors between various groups and thus play a key role in the peace process, experts said at a conference here Wednesday.

Titled ‘Northeast India Women Initiative for Peace’, the conclave saw …. Source : Gaea News Network.

Price rise: Court issues notice to Sonia Gandhi

CHANDIGARH – Congress president and United Progressive Alliance (UPA) chairperson Sonia Gandhi was Wednesday issued notice by a local court on a petition filed by a city-based NGO over the issue of price rise. … Read this article on Gaea Times at : Price rise: Court issues notice to Sonia Gandhi.

Swiss whistleblower banker on trial

GENEVA – A former top Swiss private banking executive turned WikiLeaks collaborator appeared in a Zurich court Wednesday on charges of violating Switzerland’s secrecy laws.

Rudolf Elmer, a former Julius Baer Bank executive, is alleged to have divulged information about clients and the bank in violation of bank privacy and corporate secrecy laws.
The Zurich-based … Original article on : Swiss whistleblower banker on trial.

Supreme Court refuses to ban asbestos

NEW DELHI – The Supreme Court on Friday refusing to ban asbestos considered a health hazard directed the Union and State Governments to put in place a body to regulate its use and manufacturing.

Dismissing a public interest lawsuit filed by NGO Kalyaneshwari, a bench of Chief Justice S H Kapadia …. Source : Gaea News Network.

2G scam: Supreme Court criticises Kapil Sibal for undermining CAG report

NEW DELHI – The Supreme Court on Friday pulled up Telecom Minister Kapil Sibal for making statements that undermined the Comptroller and Auditor General (CAG) report on the 2G spectrum scam.

“It is unfortunate. The minister should behave with some sense …. Original source : 2G scam: Supreme Court criticises Kapil Sibal for undermining CAG report.

Criminal complainant against Kamat over Goa land policy

PANAJI – Over 50 civic rights roups and a section of the clergy in Goa Friday filed a criminal complaint against Chief Minister Digambar Kamat and eight other members of a high-level committee for illegally creating eco tourism zones in concert with land sharks.

Members of the Pilerne Citizens Forum (PCF), Ganv Ghor Rakhon …. Original article : Criminal complainant against Kamat over Goa land policy.

Sabarimala stampede: Kerala govt to submit report before High Court

THIRUVANANTHAPURAM – Kerala Home Secretary Jaya Kumar will today file before the High Court a report on Sabarimala stampede, where 102 pilgrims lost their lives at Pullmedu in Idukki district last Friday.

This comes a day after the High Court came down heavily on the government for lack of co-ordination among various agencies invovled in Sabarimala …. Read the original article : Sabarimala stampede: Kerala govt to submit report before High Court.

Supreme Court to hear Vedanta University’s appeal

NEW DELHI – The Supreme Court will hear Vedanta University’s appeal against the Orissa High Court order quashing land acquisition for its university project in Puri.

The Orissa government and the University have challenged the High Court decision saying land acquisition procedures for the proposed Vedanta University project were illegal.

The petition against the university … Original source on Gaea Times at : Supreme Court to hear Vedanta University’s appeal.

Staines murder case: Supreme Court upholds life sentence for Dara Singh

NEW DELHI – The Supreme Court on Friday upheld the life sentence for Dara Singh, convicted for killing Australian missionary Graham Staines and his two sons in Orissa’s Koenjhar district in 1999.

Dara had filed an appeal challenging his conviction and the life sentence awarded to him.

The appeals were admitted by the apex court in … Read more »»».

Sabarimala stampede: Kerala govt submits report before High Court

THIRUVANANTHAPURAM – Kerala Home Secretary Jaya Kumar on Friday submitted its report before the High Court on Sabarimala stampede, where 102 pilgrims lost their lives at Pullmedu in Idukki district last Friday.

This comes a day after the High Court came down heavily on the government for lack of co-ordination among various agencies invovled in Sabarimala …. Source article on Gaea Times at : Sabarimala stampede: Kerala govt submits report before High Court.

Supreme Court slams Kapil Sibal on telecom audit remark

NEW DELHI – The Supreme Court Friday slammed Communications Minister Kapil Sibal for his remark that the official auditor’s report was “utterly erroneous” in assessing the loss on award of telecom spectrum at Rs.1.76 lakh crore ($40 billion).

“It is unfortunate,” said the apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly.
The …. Original article on Gaea Times at : Supreme Court slams Kapil Sibal on telecom audit remark.

Sibal’s comment on CAG ‘unfortunate’, says Supreme Court

NEW DELHI – The Supreme Court Friday described as “unfortunate” union Communications Minister Kapil Sibal questioning the methodology adopted by the Comptroller and Auditor (CAG) in concluding that the public exchequer had suffered a staggering loss of Rs.1.7 lakh crore in the allocation of 2G spectrum.

“It is unfortunate,” said the apex court bench of …. Source article : Sibal’s comment on CAG ‘unfortunate’, says Supreme Court.

Pak Court dismisses plea seeking quashing of FIR, ATC trial against Taseer’s assassin

ISLAMABAD – The Islamabad High Court has dismissed a petition seeking quashing of the FIR and the trial against Malik Mumtaz Hussain Qadri, the assassin of late Punjab Governor Salmaan Taseer.

On January 4, Taseer was assassinated by Qadri, one of his own elite security force protectors, who opened fire on him because of the governor’s … Read more : Pak Court dismisses plea seeking quashing of FIR, ATC trial against Taseer’s assassin.

Chinese adults can’t take parents’ money – that’s law

SHANGHAI – In a bid to ensure elderly persons’ social welfare, parents in an east China province have been empowered by a new law to decline their adult children’s monetary demands.

The People’s Congress of Jiangsu province passed an ordinance Friday which forbids adult children from demanding money or belongings from their parents in a … Read this article on Gaea Times at : Chinese adults can’t take parents’ money – that’s law.

Plea to hand over Karachi to army

ISLAMABAD – A constitutional petition has been filed in Pakistan’s Supreme Court for handing over Karachi to the army after more than 60 people lost their lives to violence in the first fortnight of 2011, a media report said.

Advocate Tariq Asad also pleaded in the petition for sacking of federal Interior Minister Rehman Malik, …. Read the original article : Plea to hand over Karachi to army.

India’s human rights defenders need better protection: UN expert

UNITED NATIONS – An independent United Nations human rights expert has called on Indian authorities to do much more to ensure a safe and conducive environment for human rights defenders working in the country.

“I am particularly concerned at the plight of human rights defenders working for the rights of marginalised people, i.e. Dalits, Adavasis …. Source : Gaea News Network.

Lawyers to file prosecution case against Yeddyurappa Monday

BANGALORE – With Karnataka Governor H.R. Bhardwaj late Friday permitting prosecution of beleaguered Chief Minister B.S. Yeddyurappa on land scam and corruption charges, city lawyers Sirajin Basha and K.N. Balaraj have decided to file a criminal case in a special court here Monday.

“We are grateful to the governor for granting us permission to … Read : Lawyers to file prosecution case against Yeddyurappa Monday.

Gujarat acts to curb illegal mining after court’s intervention

GANDHINAGAR – Upbraided by the Gujarat High Court for its inaction in curbing illegal mining, the state government Friday told the court of the series of measures it has initiated to curb the malaise.

Mines and Minerals Secretary M. Sahu appeared in person before the bench of Chief Justice S.J. Mukhopadhaya and Justice Akil Kureshi …. Read the original article : here.

Supreme Court bench again avoids Vedanta hearing

NEW DELHI – In a repeat, another bench of the Supreme Court Friday refused to hear the Orissa government’s petition on Vedanta University, noting that one of the judges had dealt with the case during his stint in Orissa High Court.

The is the second time the apex court avoided taking up the … Read the original article on Gaea Times at : Supreme Court bench again avoids Vedanta hearing.

2G scam: ‘No disrespect to any institution’, says Sibal

NEW DELHI – After the Supreme Court and the Public Accounts Committee (PAC) pulled him up for making statements that undermined the Comptroller and Auditor General (CAG) report on the 2G spectrum scam, Union Minister for Communication and Information Technology Kapil Sibal on … Read more >>.

Delhi government rescues mentally-ill woman off street

NEW DELHI – The Delhi High Court was Friday informed by the city government that a mentally-ill woman roaming on the streets of the capital for the past three years has been rescued and will be sent to the Institute of Human Behaviour and Allied Sciences (IHBAS).

Delhi government\’s counsel gave this information during … Read the original article on Gaea Times at : Delhi government rescues mentally-ill woman off street.

Sibal claims no wrong as apex court, Joshi slam 2G remark (Roundup)

NEW DELHI – On a day of charges and rebuttals, Communications Minister Kapil Sibal was rebuked by the Supreme Court Friday for his remarks that the official auditor was \”utterly erroneous\” in assessing the loss on award of second generation (2G) telecom spectrum at Rs.1.76 lakh crore, while ordering an unbiased probe.

Soon after, parliament\’s Public … Original article on : Sibal claims no wrong as apex court, Joshi slam 2G remark (Roundup).

Rath fifth Lt. Gen. to face indiscipline charges

NEW DELHI – Lt. Gen. P.K. Rath, who was convicted in a land scam by a court martial Friday, is the fifth three-star army officer to have have faced such action. He is, however, the first serving lieutenant general to be convicted.

Rath, the former 33 Corps Commander, was found guilty on three counts …. Original article on Gaea Times at : Rath fifth Lt. Gen. to face indiscipline charges.

Japan protests BBC jokes about atomic bomb survivor

LONDON – The BBC has been caught in a diplomatic row after Japan protested about a comedy quiz show of the broadcaster which has been accused of insulting a survivor of the two atomic bomb strikes on the country during the World War II.

The Japanese embassy said that in an episode of the show … Read the original article on Gaea Times at : Japan protests BBC jokes about atomic bomb survivor.

Sukna scam: Court martialled Rath loses rank

SHILLONG – Lt. Gen. P.K. Rath, who was convicted in a land scam by a court martial a day earlier, was Saturday handed down a sentence including stripping off of his rank and forfeiture of 15 years of service for pension purposes.

The court martial against Rath, the first serving lieutenant general (Lt. Gen.) … Read this article on Gaea Times at : Sukna scam: Court martialled Rath loses rank.

WikiLeaks leaker mistreated in custody: Lawyer

WASHINGTON – The 23-year-old US soldier who is alleged to have leaked thousands of secret documents to whistle-blower WikiLeaks was placed on suicide watch, stripped to his underwear and forced to stay in his cell round the clock, his lawyer has said.

The lawyer of US Army private Bradley Manning is accusing military authorities of … Read more »».

Proposed Goa police law has many defects, says Church

PANAJI – The Roman Catholic Church in Goa Saturday said the draft state police bill had “several defects” and criticised the select committee of the legislature for not holding public consultations on the proposed legislation.

The Council for Social Justice and Peace (CSJP), a social organisation of the church, in an official communiqu issued … Read more : Proposed Goa police law has many defects, says Church.

Pak Supreme Court moved for calling in army to stop bloodbath
in Karachi

ISLAMABAD – A petition has been moved in Pakistan’s Supreme Court over the continuous target killing incidents in Karachi.

Advocate Tariq Asad filed the petition under Article 184(3) of the Constitution, and made the federal government, through the Interior Secretary, Interior Minister, Sindh Chief Secretary, Sindh Home Secretary and Prime Minister Yousuf Raza Gilani, respondents …. Read the original article : Pak Supreme Court moved for calling in army to stop bloodbath
in Karachi.