Sanjay Dutt jailed for six years in Mumbai blasts case

Mumbai, July 31 (IANS) Bollywood star Sanjay Dutt was Tuesday sentenced to six years rigorous imprisonment by a special court in the 1993 Mumbai serial blasts case and was taken immediately into custody.


Special judge of the anti-terror TADA court P.D. Kode disregarded the actor's plea for leniency under the Probation of Offenders Act (PoA) for good behaviour through the last 14 years of the trial and refused to extend his bail.

Dutt, 48, who has already served jail for 16 months, had been convicted under the Arms Act for possessing a 9 mm pistol and an AK-56 rifle but absolved of terror charges.

Kode said being in possession of the weapons was an "imminent dangerous act".

"If you want to protect your family you can take a lawful step but an unlawful step for the purpose cannot be considered noble," Kode said, responding to Dutt's plea that the weapons were for self-defence and to protect his family.

"He not only committed a crime himself but also made others commit a crime by asking them to destroy the weapon," the judge said as Dutt sat in a corner of the crowded courtroom with his head bowed.

His lawyers said they would appeal the decision in the Supreme Court, if possible Tuesday itself.

The serial blasts in March 1993 killed 257 people and was considered one of the world's worst terror acts.

CBI files chargesheet in Dera murder, rape cases

Ambala, July 31 (IANS) The Central Bureau of Investigation (CBI) has filed a chargesheet against functionaries of the Dera Sacha Sauda religious sect at a special court in this Haryana town in two cases of murder and the rape of a woman sect follower.

The CBI filed the chargesheet Monday night at the residence of the special CBI court judge R.N. Bharti. Dera chief Gurmit Ram Rahim Singh's name also figured in it, CBI sources indicated.

The chargesheet was filed hours before the expiry of the July 31 deadline set by the Punjab and Haryana High Court for the CBI to complete investigations against the sect's top brass.

Ranjit Singh, a former dera member, was allegedly murdered by sect followers in July 2002 as he had highlighted wrongdoings inside the dera headquarters at Sirsa, 300 km from Chandigarh, including sexual exploitation of women devotees by some people in the sect's management.

Five dera followers were charged with Ranjit Singh's murder in June.

The names of dera followers also cropped up in the killing of Sirsa-based journalist Ram Chandra Chhatrapati, who had reported the wrongdoings inside the dera campus. He was murdered in November 2001.

The CBI also submitted its chargesheet in the rape of a 'sadhvi' (woman devotee) inside the dera campus. She, along with other women who were sexually exploited by top dera functionaries, had initially raised their voices against the dera management but were forced out of the sect campus and threatened so that they remained silent.

A former driver of the dera chief, Khatta Singh, spilled the beans in all these cases by recording his statement before a magistrate here earlier this year.

The judge here fixed the next hearing on Aug 31.

The latest development is likely to put Gurmit Ram Rahim, the sect management and the Congress-ruled Haryana government in an embarrassing position as the dera chief has been avoiding legal procedures so far, including his questioning in these cases.

The dera godman, who supported the Congress in the February assembly elections in neighbouring Punjab, enjoys Z-plus security cover from the Haryana police as he got embroiled in a controversy with the Sikh community after portraying himself like 10th Sikh Guru Gobind Singh in May.

This led to violence in Punjab and Haryana with the Sikh community demanding his arrest and announcing complete boycott of the sect in Punjab.

The dera chief went through the legal formality of being "arrested" and then "bailed out" at his headquarters in Sirsa Monday evening. A Punjab police team had arrived from Bathinda to complete the legal formality.

The Punjab and Haryana High Court had earlier granted interim bail to Gurmit Ram Rahim, saying that if the Punjab Police arrested him, he would be given bail immediately.

The police team confiscated his passport and made him officially join the investigation. There was tension among dera followers after the police team arrived to "arrest" him.

RBI's review of monetary policy -Highlights

Mumbai, July 31 (IANS) Following are the highlights of the review of India's monetary and credit policy for the current fiscal conducted by the country's central bank here Tuesday:

- Bank rate kept unchanged

- Reverse-repurchase rate and repurchase rate kept unchanged

- Cash reserve ratio increased by 50 basis points to 7 percent

- Economic growth projection for 2007-08 retained at 8.5 percent

- Stated priority of containing inflation below 5 percent

- Upward pressures on inflation persist

- Inflation rate declines from 5.9 percent in March to 4.4 percent

- Money supply growth, at 21.6 percent, much higher than projection

- Aggregate deposits of banks grows 24.4 percent

- Non-food credit growth slows to 24.4 percent

- India's foreign exchange reserves at $222 billion as on July 20

- Rupee appreciates 6.63 percent against dollar this year

- Average price for crude up from $56.2 per barrel in January to $73.5 now

- Monetary policy will continue to be vigilant and proactive

- Midterm review of the monetary policy on Oct 30

Dutt's pal Russi Mulla let off under probation act

Mumbai, July 31 (IANS) The special court giving out sentencing in the Mumbai terror blasts Tuesday freed Russi Mulla under the Probation of Offenders' Act (PoA) with a surety of Rs.100,000.

Mulla, who is one of the four along with Bollywood actor Sanjay Dutt to be sentenced Tuesday, will be under observation for one year during which he will have to stay in Mumbai.

He has been convicted under the Arms Act and had applied for relief under the PoA - as has Dutt.

Munna Bhais in West Bengal Medical Entrance ?

Bengal mulls CBI probe into medical entrance test scam

Kolkata, July 24 (IANS) The West Bengal government might order a Central Bureau of Investigation (CBI) probe into a racket in which senior medical students from other states have impersonated medical career aspirants here and sat for their entrance exams.

"A Criminal Investigation Department (CID) probe is already on into the scam. If needed we might order a CBI probe," West Bengal Home Secretary Prasad Ranjan Roy told reporters Tuesday.

"The CID has progressed with the probe but if needed we would order a CBI probe," Roy said when asked if the government was contemplating a probe by the federal agency.

In the medical entrance scam that resembled the wacky world of Bollywood film "Munnabhai MBBS", it was found that senior medical students, mostly from Uttar Pradesh, would sit for the entrance exam of medical career aspirants for a fee.

Before the investigation was handed over to the West Bengal CID, the detective department of Kolkata Police had arrested three people Saturday - Mihir Jha and Ranvijay Pathak of Bihar and Ayan Mukhopadhyay of Hooghly district in West Bengal - in connection with the racket.

Jha had passed his MBBS from Calcutta Medical College and Hospital and is now a student of the postgraduate medical course in the SSKM Hospital here. He had secured 12th position in the postgraduate medical entrance exam.

Later, a 25-year-old woman, who allegedly worked as an agent for several distance-learning courses, was arrested from Durgapur, in Burdwan district.

"The racket is spread far and wide. We are tracking down those who are involved. So far, the Kolkata Police Detective Department has arrested four people," deputy commissioner of the department Ajoy Kumar said.

"The case is still in the investigation stage and thus we don't want to reveal any information," he added.

The detective department started the probe on June 18 after receiving an anonymous letter about the goings-on.

Following the tip-off, the sleuths raided a house at 230/B A.J.C. Bose Road near Minto Park, central Kolkata, and learnt about an organisation called DAMS which had allegedly been running the medical entrance racket for the last two years.

Most of the dummy examinees are from Uttar Pradesh, usually second or third year medical students. The investigators said that several doctors and medical students were involved in the scam.

According to preliminary investigation, a dummy gets Rs.100,000-150,000 for writing the exam and the agent receives Rs.30,000-40,000 for persuading a candidate to enrol at the coaching institutes that make the arrangements.

Police said the arrested student Mihir Kumar Jha ran an institute called 'Meditrance', which was visited by senior teachers from outside West Bengal as well.

Supreme Court asks Kerala to provide security for examination

New Delhi, July 24 (IANS) The Supreme Court Tuesday asked the Kerala government to deploy an adequate number of police personnel at examination centres where private medical colleges will conduct an entrance test in August. Students unions affiliated to the ruling communists had disrupted the test earlier.

A bench of Justice B.N. Agarwal and Justice P.P. Naolekar gave the directions to the state government while disposing a plea by a consortium of private medical colleges of the state seeking deployment of central paramilitary forces for holding medical entrance tests Aug 5 for the 2007-08 academic session.

The court impressed upon the state government that it was its duty to provide adequate security during the conduct of the examination irrespective of whether it was conducted by private medical colleges or government run institutions.

The bench asked the government to have the tests conducted under the supervision of the state's statutory Admission Supervisory Committee.

The Kerala Private Medical Colleges Managements Association had approached the court Friday for a directive to the central government to provide paramilitary forces for security during its Common Entrance Test (CET) for admission to four private medical colleges in the state for 2007-08.

The Kerala medical colleges, in their petition, had said they were not able to conduct the entrance test on two earlier occasions due to "state-sponsored terrorism", as students affiliated to communist unions prevented the conduct of the test and the police remained mute spectators.

The petitioners said the Left Democratic Front (LDF) government through its student organisations, the Students Federation of India (SFI) and the Democratic Youth Federation of India (DYFI), had publicly protested against the medical colleges conducting the test.

The private medical colleges said that the student wing of the ruling left parties had created political unrest in the state. The students had announced that they would not allow the CET to be conducted.

The petitioners said they were forced to cancel the entrance test June 23 after the activists of the SFI and All India Students Federation (AISF) disrupted the conduct of the test.

The petitioners alleged that the police had left the venue of the test at 7.45 a.m. before the arrival of the student activists and it looked as if it was stage-managed by the government.

The Kerala government has, however, denied the allegations contending that the deployment of central paramilitary forces on such flimsy grounds would undermine the federal structure of the country and strain centre-state relations.

Three more get death for 1993 Mumbai blasts

Mumbai, July 24 (IANS) Three more people were Tuesday sentenced to death for their involvement in the 1993 Mumbai terror bombings, taking the number of those sent to the gallows in the case to 10.

The special anti-terror court sentenced Zakir Hussain Noor Mohammed Sheikh, Abdul Khan and Feroze Amani Malik to death for criminal conspiracy, aiding and abetting terror and murder.

The trio were found guilty of throwing hand grenades at the Mahim fishermen's colony in central Mumbai, which killed three people and injured six.

Special Terrorist and Disruptive Activities (Prevention) Act (TADA) judge Pramod Kode, however, spared Moin Qureshi capital punishment, as he was only 17 at the time of the terror attacks that killed 257 people, and sentenced him to rigorous life imprisonment.

So far, the court has sentenced 91 of the 100 convicts in the case. While 10 have been sentenced to death, 19 have got life.

The nine convicts awaiting sentencing include Farooq Pawale, who planted the RDX-laden vehicles at the Air India building in south Mumbai and Lucky Petrol Pump near Shiv Sena Bhavan in central Mumbai's Dadar, four members of prime conspirator Tiger Memon's family, Bollywood actor Sanjay Dutt and three of his associates.

Lawyers boycott Judge after he rules Attorney 'insane'

Chandigarh, July 24 (IANS) Agitated lawyers of the Punjab and Haryana High Court Tuesday decided to boycott Justice Uma Nath Singh, demanding that all judicial work be withdrawn from the judge, he be moved out and impeachment proceedings be initiated against him.

Judge Singh had Monday evening declared local lawyer Tahar Singh "insane" and ordered the Central Bureau of Investigation (CBI) to take him to a mental hospital in Agra.

Tahar, who had in recent months taken up cudgels in the high court against the conduct of certain judges, was picked up by the CBI a couple of hours later Monday evening.

Agitated lawyers of the high court's bar association led a vociferous demonstration in front of the CBI office here, forcing high court Chief Justice Vijendra Kumar Jain to Monday constitute a late night division bench comprising Justices M.M. Kumar and Surya Kant to stay Justice Singh's order.

The CBI team taking the lawyer to the mental hospital in Agra was recalled from Delhi by the high court.

"We will continue to boycott Justice Uma Nath Singh's court till action is taken against him. His order Monday was beyond the jurisdiction of the court," senior advocate Anupam Gupta said Tuesday.

Protesting lawyers went on a sit-in outside the high court Tuesday demanding action against the judge.

Bar association president Anmol Rattan Sidhu and Chandigarh's government standing counsel Anupam Gupta said the high court action in sending the lawyer to a mental hospital was unwarranted and unprovoked.

Tahar had recently also been booked by the local police after his wife accused him of cruelty and criminal intimidation. But after the high court order sending him to the mental hospital, his wife Sujata Sharma changed her tone to claim that she had never said that he was insane.

Judge Singh in his order said: "In view of the serious nature of allegations regarding beatings and torture of the complainant (the lawyer's wife) and her children by the accused in a barbaric manner which only an insane person would do and further that on enquiry, the court is prima facie of the opinion, that accused is a worst case of mental disorder.

"It is also learnt from the bar that the accused creates nuisance and commotion wherever he goes with the help of anti-social elements on the strength of some vested interests who finance him in doing so.

"In this background, to ensure the safety of the life of the complainant and her children, I deem it expedient to direct the senior superintendent of police of the CBI, Chandigarh to immediately take the accused in custody and take him away from Chandigarh to the mental hospital in Agra, for proper treatment."

The judge also directed the CBI to use "modern devices" to investigate the link between Tahar Singh and anti-social elements who were "misusing him during his spell of insanity".

Rajasthan court postpones hearing of Mohanty plea

Jaipur, July 24 (IANS) The hearing in a lower court of Orissa's senior police official B.B. Mohanty's plea for converting a non-bailable warrant against him into a bailable one has been postponed to Aug 1.

The lower court was to hear the plea Monday but as the magistrate was on leave, the court has now fixed the hearing in the case to August 1. Over a fortnight ago, Mohanty had submitted an application in a lower court here requesting the conversion of the warrant against him into a bailable one.

Mohanty's application said the Rajasthan police had June 6 submitted an appeal based on false and fabricated facts in the court.

"We filed the application with the court a few days back," P.C. Pradeep Sharma, Mohanty's advocate, told IANS.

Orissa Director General of Police Mohanty is facing charges of helping his son, Biti Hotra Mohanty, escape from jail as he had given a surety for his parole.

Biti, convicted of raping a German tourist in Alwar, was sentenced to seven years imprisonment. He had gone on parole in November 2006 but did not return.

Sharma said Mohanty wants to provide his full cooperation to the state police in the inquiry but the investigating official was trying to arrest him by presenting "false and misleading facts".

"After considering the case diary it would become clear to the court that Mohanty's case is not a non-bailable offence," Sharma said.

Mohanty's petition said Section 225 of the Indian Penal Code (IPC) clearly states that an offence is non-bailable when a person helps a convict, given life sentence or 10 years imprisonment or death sentence, to escape.

If a convict has been sentenced for less number of years than that, the person helping the accused in escaping does not come under the category of non-bailable offence, the lawyer said.

The court had June 8 issued a bailable warrant against Biti and an arrest warrant against his father and had given police time till July 7 to carry out the orders.

AP Assembly passes Muslim reservation bill

Hyderabad, July 24 (IANS) A legislation to provide four percent reservation to backward classes of Muslims in government jobs and educational institutions in Andhra Pradesh has been passed by the state assembly.

On Monday night, the Andhra Pradesh Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act, 2007, replaced the ordinance issued last month.

Ignoring objections from the Majlis-e-Ittehadul Muslimeen (MIM) and Bharatiya Janata Party (BJP), the house passed the bill, paving the way for reservations for 15 backward Muslim classes.

While MIM, which has five members in 294-member house, demanded reservations for the entire community and took exception to the division of the community into castes, the BJP opposed reservations in the name of religion. The BJP, which has two members, staged a walkout.

MIM leader Akbaruddin Owaisi argued that there was no caste system among Muslims. However, the amendments moved by MIM were defeated by a voice vote.

Replying to a debate on the bill, Minister for Minority Welfare Mohammed Ali Shabbir said several states were providing reservations to backward classes of Muslims. He said the government wanted to provide five percent reservations to the entire community but was compelled to reduce the quantum and also confine it to only backward sections.

It may be recalled that the Andhra Pradesh High Court had twice set aside the government order and legislation for 5 percent reservations to Muslims.

However, some students have also challenged the move in the court while the BJP and its youth and student wings have intensified their agitation.

Apollo doctors approach Delhi HC in Rahul Mahajan case

New Delhi, July 23 (IANS) The Delhi High Court has been approached by five doctors and six other staff members of Delhi's Apollo hospital Monday asking it to quash charges against them of tampering with evidence and misleading the probe in the Rahul Mahajan drug abuse case.

Justice Reva Khetrapal had earlier stayed the lower court proceedings against the doctors and had asked the Additional Chief Metropolitan Magistrate not to proceed with the case till further orders.

Appearing for the doctors, senior counsel Harish Salve submitted that the subordinate court did not have the jurisdiction to prosecute the doctors on the "false charges" framed by the police.

The police had filed the complaint without proper investigation, argued Salve, seeking quashing of the charge sheet filed in January this year.

Rahul Mahajan, son of late Bharatiya Janata Party leader Pramod Mahajan, was admitted to the hospital on June 1 last year following an alleged drug overdose. It was alleged that the doctors had misled the investigators and fabricated the report about his treatment sought by police.

Pakistan's top attorney resigns after judge's reinstatement

Islamabad, July 23 (DPA) Pakistan's attorney general Makhdoom Ali Khan resigned Monday after the reinstatement of Chief Justice Iftikhar Chaudhry by the Supreme Court and the quashing of abuse-of-office allegations against him, local media reported.

Khan stepped down over his role in the proceedings into a presidential reference against Chaudhry, who was accused of misusing his authority as the country's top judge.

Khan had informed President Pervez Musharraf about his move immediately after the apex court set aside the reference as illegal, but the president asked him to continue with his duties until a decision was taken, the Geo News channel quoted sources as saying.

The attorney general represented Musharraf before the court, which also gave the ruling that the president's order for sending Chaudhry on forced leave was unlawful and passed without legal authority.

Opposition parties have been criticising the officials involved in the case, particularly those in the Ministry of Law and Justice that prepared the reference, and sought their resignation after the Supreme Court's landmark ruling last week.

Meanwhile, the reinstated chief justice retook his office on Monday after more than four months of legal battles with Musharraf.

Chaudhry's March 9 suspension triggered a countrywide anti-Musharraf movement that had come as one of the major crises during the president's mostly unchallenged eight-year rule.

Analysts see Chaudhry's return to the Supreme Court as a major blow to the embattled President.

Punjab and Haryana High court directs Punjab to produce Chahal

Chandigarh, July 23 (IANS) The Punjab and Haryana High Court Monday directed the Punjab government and its vigilance wing to produce Bharat Inder Singh Chahal, an aide of former chief minister Amarinder Singh, before it Tuesday to ascertain allegations of torture levelled by him.

Justice Uma Kant Singh gave the directions after Chahal recently alleged that he was being physically tortured and humiliated in custody at the behest of the ruling Akali Dal government.

The controversial media adviser to Amarinder Singh was arrested last month. He has been slapped with several charges including attempt to murder, land grabbing, conspiracy, intimidation, corruption and cheating.

Chahal is presently in judicial custody in a Patiala prison.

Amarinder Singh had visited Chahal in prison last week after his return from London. The former chief minister later said that Chahal had cried before him and told him that he was subjected to electric shocks on private parts and other inmates had been asked to urinate on him.

He also complained that he was not even provided with a bed in his cell where 17 other prisoners had beds.

Supreme Court orders cancellation of Monica's passport

New Delhi, July 23 (IANS) Monica Bedi, girlfriend of mobster Abu Salem, can now walk free with the Supreme Court ordering cancellation of her original passport Monday. Monica said the passport had been seized by authorities in Lisbon after her arrest there and could not be surrendered in Hyderabad for her release.

A bench headed by Chief Justice K.G. Balakrishnan ordered the Mumbai regional passport office to cancel her passport, bearing number B-0195737 and issued on June 24, 1999.

The bench, which included Justice Tarun Chatterjee and Justice R.V. Raveendran, ordered Bedi's release on bail on a personal bond of Rs.25,000 with a surety of the same amount.

Bedi had moved the apex court Friday seeking exemption from surrendering her original passport to secure her release from a Hyderabad jail as per an apex court order, which had earlier granted her bail.

As the bench took up Bedi's petition for hearing, Additional Solicitor General Amrinder Saran, doubting her claims that her passport had been seized in Lisbon following her arrest with Abu Salem, contended that her passport was still valid.

At this the bench suggested cancellation of her passport and it was accepted both by the government's law officer as well as Bedi's counsel K.T.S Tulsi.

She was acquitted last week by a Bhopal court in a fake passport case. A Hyderabad court had earlier convicted and sentenced her to five years jail for possession of yet another fake passport. The Andhra Pradesh High Court, however, reduced the sentence to three years.

While reducing her sentence, the high court dismissed her bail plea.

The apex court, to which she appealed against the high court order, granted her bail on condition that she surrender her passport to the judicial magistrate in Hyderabad.

Monday, the apex court ordered her passport cancelled.

Bedi was arrested along with Abu Salem at a Lisbon shopping mall Sep 18, 2002, following an Interpol red corner notice issued at the behest of the Central Bureau of Investigation.

She was brought back to India with Salem Nov 11, 2005.

SC notice to Babloo in murder case

New Delhi, July 23 (IANS) The Supreme Court Monday issued notice to underworld don Om Prakash Srivastav alias Babloo Srivastava on a Delhi government plea challenging his acquittal by the Delhi High Court in the murder of businessman Lalit Suneja 15 years ago.

A bench headed by Chief Justice K.G. Balakrishnan also issued notice to his accomplice Nitin Gunwant Shah, who had allegedly hired Srivastava to kill Suneja.

A division bench of Justices R.S. Sodhi and P.K. Bhasin of the Delhi High Court had acquitted the two due to lack of evidence, setting aside a trial court verdict that had sentenced them to life for hatching the murder conspiracy.

While acquitting the duo, the high court had ruled, "It appears that the trial court has based its judgement only on an assumption that the appellants (Srivastava and Shah) are guilty of conspiracy to murder the businessman."

"In the totality of the circumstances, we find that there is nothing on the record to show that any of the two appellants had anything to do with the murder of Suneja," it added.

Suneja was allegedly shot dead by Manish Dixit and Virender Pant, the two killers allegedly hired by Babloo, while he was returning to his Shakarpur residence in east Delhi after offering prayers at a nearby temple on Aug 2, 1992.

Dixit and Pant had died during trial.

Babloo, who divides his time among various jails in Delhi and Uttar Pradesh and faces trial in several cases, was extradited from Singapore in August 1995.

PF Interest Rates Unchanged

New Delhi, July 23 (IANS) The interest rate on the employees' provident fund (EPF) scheme will remain unchanged at 8.5 percent for 2006-07 and the current fiscal, it was decided here Monday.

The decision, which will bring cheer to more than 40 million subscribers of the social security net in the country, was taken at a meeting of the Central Board of Trustees (CBT) for EPF chaired by Labour Minister Oscar Fernandes, official sources said.

The decision will now be conveyed to the government for its consideration and a formal notification needs to be issued by the finance ministry, they added.

Successive meetings of the board had deferred decision on the interest rate on grounds that any move to hike payouts would pressure the exchequer and lead to a deficit of Rs.4.50 billion ($110 million).

But trade unions said since some commercial banks were currently offering up to 10.5 percent interest on fixed deposits, the EPF rates should, in fact, be hiked accordingly.

Kohli extradition - High Court defers hearing to Thursday

New Delhi, July 23 (IANS) The Delhi High Court Monday deferred till Thursday the hearing of the review petition of Manindar Pal Singh Kohli, a Briton of Indian origin, facing extradition to the UK for alleged rape and murder of British teenager student Hannah Foster four years ago.

A division bench of Justices Mukul Mudgal and P.K. Bhasin said it would hear the arguments - challenging the decision of the lower court and the high court to extradite Kohli - on July 26.

Kohli is accused of raping and murdering Foster after kidnapping her on March 14, 2003, from a place near her home in Portswood, Southampton, where she had gone on a weekend picnic with her friends.

Additional Chief Metropolitan Magistrate Kamini Lau had June 8 recommended to the Indian government to extradite Kohli to Britain with the stipulation that he be not hanged if found guilty.

Rejecting Kohli's first appeal, The Delhi High Court had upheld the decision of the magistrate.

Kohli had then appealed to the Supreme Court. Last week, the apex court had observed that if he wanted a review, he should approach a division bench of the high court first.

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Dalmiya bowls BCCI out in court, slaps perjury case

Kolkata, July 20 (IANS) Top cricket administrator Jagmohan Dalmiya rose like a phoenix Friday when the Calcutta High Court termed his suspension by the Indian cricket board illegal and ruled that he could contest any cricket body poll from anywhere in India. The board will appeal, but meanwhile Dalmiya has slapped a perjury case on it.

Dalmiya has filed a counter application to proceed against the Board of Control for Cricket in India (BCCI) officials, including president Sharad Pawar, for misleading the court.

"I am happy with the verdict. Justice has prevailed," the 67-year-old former International Cricket Council (ICC) chief told IANS soon after the verdict was delivered.

Dalmiya was expelled by the BCCI on charges of fund misappropriation and then forced to resign as the Cricket Association of Bengal (CAB) president last December. He had challenged the BCCI in Calcutta High Court and appealed that he be allowed to contest the polls.

The appeal was allowed.

Upholding Dalmiya's application against the expulsion and ban from the BCCI, as ordered by a committee headed by the BCI president Sharad Pawar last December, Justice Indira Banerjee observed that the rule under which Dalmiya was suspended was not registered and, as such was illegal. The judge said there was no bar on Dalmiya contesting any election of the BCCI or any of its affiliated units.

Justice Banerjee temporarily stayed Dalmiya's suspension, paving the way for him to contest the CAB elections hours before the deadline for filing nominations at 4 p.m. Friday.

But Dalmiya chose not to contest the polls this year.

"Suspension has been stayed for insufficient documents against Dalmiya presented by the BCCI," the judge stated.

Soon after Dalmiya filed a perjury case against BCCI before the court.

Dalmiya's counsel Arindam Banerjee said: "We have filed a perjury case against the board and the disciplinary committee members who had expelled Dalmiya."

A Dalmiya spokesman said: "He has filed an application against BCCI COO Ratnakar Shetty, president Sharad Pawar, secretary Niranjan Shah, vice-presidents Shasank Monohar and Chirau Amin and treasurer N. Srinivasan seeking permission to proceed criminally against them for committing perjury and forgery with an intention to mislead the honourable court."

Meanwhile, BCCI Secretary Niranjan Shah, who was present in the court, told IANS: "We will appeal before a division bench for a stay on the verdict."

The verdict is likely to impact the CAB elections and its July 28 annual general meeting.

Dalmiya may have been out of cricket administration since he was expelled from BCCI, but even today he wields plenty of clout within CAB. The CAB's 121-vote electorate comprises a vote each from the 94 Kolkata-based clubs, 18 districts, eight universities and the Office Sports Federation.

The BCCI had expelled Dalmiya on Dec 16 last following allegations of his involvement in misappropriation of funds of the Pakistan-India-Lanka Committee (Pilcom), the organising body of the 1996 World Cup held in the subcontinent. Following his suspension, Dalmiya stepped down as CAB president, making way for Prasun Mukherjee, Kolkata's police commissioner, to be elected to the post unopposed.

Pakistan Supreme Court reinstates chief justice

Islamabad, July 20 (IANS) The Pakistani Supreme Court Friday reinstated Chief Justice Iftikhar Muhammad Chaudhry, four months after President Pervez Musharraf suspended him from office unleashing waves of protests across the country.

The chief justice was reinstated by a full 13-member bench of Pakistan's apex court.

Musharraf had suspended him on grounds that he was misusing his office for personal gain. Chaudhry had since become the focus of opposition to the president, addressing rallies around the country.

The much-anticipated verdict comes only two days after 15 people were killed in a blast in Islamabad, minutes before Chaudhry was to address a meeting. At least 55 people were also killed in three separate bomb attacks on Thursday.

Calcutta HC - Dalmiya's suspension from BCCI illegal

Kolkata, July 20 (IANS) Top cricket administrator Jagmohan Dalmiya Friday won a major battle when the Calcutta High Court termed as illegal his suspension by the Indian cricket board and ruled that he could contest any cricket body poll from anywhere in India.

Dalmiya was suspended by the Board of Control for Cricket in India (BCCI) and then forced to resign as the Cricket Association of Bengal (CAB) president Dec 16 last year. He had challenged the BCCI in Calcutta High Court and appealed that he be allowed to contest polls.

The appeal was allowed.

Justice Indira Banerjee temporarily stayed Dalmiya's suspension, paving the way for him to contest the CAB elections, hours before the deadline for filing nominations at 4 p.m. Friday.

"Suspension has been stayed for insufficient documents against Dalmiya presented by the BCCI," the judge stated.

BCCI lawyers said they would challenge the order in the Supreme Court.

"I am happy but I won't comment much till I get the court papers," the 67-year-old former International Cricket Council (ICC) chief told IANS soon after the verdict was delivered.

The verdict is likely to impact on CAB elections and its July 28 annual general meeting (AGM).

Incumbent Cricket Association of Bengal (CAB) president Prasun Mukherjee Thursday presented his panel for the forthcoming elections. Dalmiya would inform the media about his decision later in the day.

Dalmiya may have been out of cricket administration since he was expelled from BCCI, but even today he wields plenty of clout within CAB. The CAB's 121-vote electorate comprises a vote each from the 94 Kolkata-based clubs, 18 districts, eight universities and the Office Sports Federation.

Pakistan Supreme Court order on Chaudhry likely Friday

Islamabad, July 20(IANS) Pakistan's Supreme Court is Friday likely to pass a verdict or reserve its ruling on a constitutional petition challenging President Pervez Musharraf's suspension of Chief Justice Iftikhar Mohammed Chaudhry.

An unnamed aide to Musharraf was quoted as saying Friday in The News that the president would not like to drag on the issue after the Supreme Court decision, even if it goes against the government.

A 13-member full bench of the apex court is hearing a clutch of petitions filed on Chaudhry's behalf against Musharraf's reference to the Supreme Judicial Council (SJC) on the president's March 9 decision to suspend the judge.

Chaudhry's chief counsel Aitzaz Ahsan told the court Thursday evening that he would take 45 minutes to complete his right of reply to the government defence.

He asked the court to quash the presidential reference filed on the basis of statements of intelligence agencies' chiefs and said that if it was not quashed it would "prove to be the root of all evil", the newspaper said.

Hyderabad Court rejects Monica Bedi's bail

Hyderabad, July 19 (IANS) A court here Thursday rejected the bail plea of Monica Bedi, former Bollywood starlet and companion of mobster Abu Salem, after she failed to produce the original passport documents.

"The Central Bureau of Investigation (CBI) court has asked us to clarify with the Supreme Court whether she can be released with an affidavit saying she lost her passport. We will go to the Supreme Court on Friday and once they give us a green signal, we will come back here," Prem Kumar Bedi, her father, said.

Monica said she lost her passport five years ago.

She was absolved by a Bhopal court in a fake passport case as the police had failed to produce adequate witnesses against her. She faces similar charges in Hyderabad too.

Earlier, Prem Kumar Bedi, who arrived here Thursday from Norway to complete formalities for her bail, had urged police to provide her security from jail to the airport.

Prem Kumar said his daughter required security saying she faced threat from 'some people'.

The Supreme Court in May this year had granted bail to Monica in a fake passport case but she could not be released due to a similar case pending against her in Bhopal. However, the order by a Bhopal court acquitting her in the second case cleared the way for her release.

Monica, who was brought here Wednesday night by the New Delhi-Hyderabad Andhra Pradesh Express, was taken straight to the Chanchalguda central jail.

She was convicted Sep 29 last year in a fake passport case here and was sentenced to five years' imprisonment, which was later reduced to two years by the Andhra Pradesh High Court. She was away in Bhopal for nine months facing trial in a similar case there.

Monica has already announced her plans to return to films if she is released. When asked about her plans, Prem Kumar said he did not know anything about it. "She has to take a decision to act in films or not," he told reporters.

Prem Kumar, a businessman, was elated on her daughter's acquittal. "The entire family is happy. She is innocent and this is proved by the court verdict," he said.

Three former government employees were also sentenced to three years imprisonment last year along with Bedi for helping her acquire a passport under a fictitious name in 2001 by furnishing a false residential address at Kurnool town in Andhra Pradesh.

Bedi was extradited from Portugal Nov 11, 2005, along with Abu Salem. She was brought to Hyderabad the same day.

Apex court slams Tamil Nadu government over MBBS Admissions

New Delhi, July 19 (IANS) The Supreme Court Thursday criticised the Tamil Nadu government for making last-minute changes in its admission rules for state-run medical colleges, thereby depriving some students who were studying in other colleges from taking admission.

A bench headed by Chief Justice K.G. Balakrishnan pulled up the state government while staying a July 10 order of the Madras High Court order banning over 400 students, who were pursuing professional courses in other colleges of the state from participating in the counselling for admissions to medical colleges for the new academic year.

The high court passed the order after the state's advocate general said that the government would strike down the rule allowing these students to compete for admissions.

Upset by the government's approach on the issue, an irate chief justice went said that the government's action was tantamount to "stifling the education" in the state.

"By doing this you are stifling the education," said the chief justice adding: "Everyone has the right to get admission in a medical college. How can you deny this right?"

"There is a huge disparity between the fee of the government colleges and private colleges, particularly for medical courses. How can you deprive the students of their chances in a government college?" he asked.

"Don't stretch the provision of the constitution too far to deny the rights of the citizens," he snapped.

The bench, which also had Justice R.V. Raveendran and Justice Dalveer Bhandari on it, allowed the affected students to participate in the second round of counselling for admission from Monday.

The bench, however, said that the students already admitted to medical colleges after the first round of counselling between July 9 and 16 will not be affected by its order.

The apex court's order follows a petition by eight Tamil Nadu students, who had taken admission last year in other private colleges after they failed to get admission in state-run medical colleges.

When the state began admissions for 2007-08, the students again took the entrance test.

Out of around 1,500 students who made it to the merit list in the entrance test, around 400 were those who had taken admission in professional courses in other colleges.

Some students who had taken the entrance test for the first time moved the Madras High Court saying that by admitting students who had already taken the test a year ago and were pursuing courses elsewhere to the new session, the seats in the other colleges vacated by them would go waste.

Allowing their petition, the high court had asked the government to change the rule to deny the old students admission to the state-run medical colleges.

Delhi HC pulls up police for tardy probe in Jessica murder

New Delhi, July 18 (IANS) The Delhi High Court Wednesday pulled up the Special Investigation Team (SIT) of Delhi Police for filing a tardy report on the Jessica Lall murder case without following the basic procedure of law.

A division bench of Justices R.S. Sodhi and H.R. Malhotra posed a question to the Delhi Police counsel: "It is the first case in the criminal justice system where a separate FIR (first information report) has been filed in a case while an FIR was still existing. Does it not lead to safe inference that you (police) were trying to assist the accused?"

Commenting on the second report, which was filed before the court Wednesday, the bench said: "We have not judged your investigation report. The report is nothing but a rotten piece of paper. It is absolutely nothing. We do not know the purpose behind it?"

While doubting the sincerity of police while referring to the FIR filed against its own officials for allegedly not conducting the investigation properly, the bench said, "We are very very aware what is happening. You think we do not know what's going on but we are well aware."

The FIR was lodged after the court took suo motu cognisance of media reports about police failing to conduct the probe properly.

The court said there was no need for registering another FIR when the probe could have been conducted under the ambit of the original FIR.

Justice Sodhi asked the SIT to thoroughly probe the matter to bring the culprits to the book.

Police in their report said that they have already retrieved the documents relating to the cases and probing the matter.

Sidharth Vashisht alias Manu Sharma, Vikash Yadav and Amarjit Singh Gill have been convicted by the high court for their involvement in the killing of ramp model Jessica at a south Delhi restaurant owned by Bina Ramani in 1999.

The trial court had acquitted the accused due to lack of evidence.

"Gandhigiri' pays off - Even in US

Washington, July 18 (IANS) A bit of "Gandhigiri" by unhappy Indian green card seekers paid off with the US immigration service reversing itself again to begin immediately accepting applications from thousands of foreign professional workers.

The latest flip-flop followed a unique protest by Indian applicants for permanent residency who sent thousands of flowers to the US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez last week over a last minute reversal of a June announcement offering expedited processing for H1-B visa holders.

"The public reaction to the July 2 announcement made it clear that the federal government's management of this process needs further review," Gonzalez stated Tuesday acknowledging the Indian workers' protest inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest.

"I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations," he added.

After the June announcement thousands of holders of H1-B visas-reserved for skilled workers in computing, engineering and other special professions-scrambled and spent money on lawyers and medical exams to prepare green card applications for a July 1 deadline.

However, US State Department announced July 2 that no applications would be accepted until October because of a large visa backlog. The abrupt change sent them back to the queue for 2008.

The USCIS announcement Tuesday allows anyone who was eligible to apply under the June announcement to do so by Aug 17. Applications already properly filed with USCIS will also be accepted, it said.

- Arun Kumar IANS

India TV wins Internet domain case against US firm

New Delhi, July 17 (IANS) Rajat Sharma's India TV has won an Internet domain case against a US-based firm with the Delhi High Court restraining the latter from using a web address to broadcast Indian TV programmes in its original form.

In its petition, India TV had alleged that the Internet domain, indiatvlive.com, used by the US-based India Broadcast Live, was similar to its trademark and that the plaintiffs had no legitimate right over the domain name.

In an interim order delivered by Justice S.K. Kaul in January, the US-based firm was restrained from using any domain name containing the words India TV as also barred from transferring the rights to any other entity.

Now, in the final order this month, even though the court has permitted the defendants to use the domain name, it has nevertheless required a disclaimer to be placed prominently next to the logo of Indiatvlive.com.

The court said the disclaimer should read: "The website has no connection, affiliation or association whatsoever with India TV, the Indian Hindi news and current affairs television channel."

However, the defendants shifted to another domain name indiabroadcastlive.com and the court has taken cognisance of the same.

The court observed that when the impugned domain name is typed, a redirection notice says the website is not operational due to interim orders passed and visitors are automatically redirected to indiabroadcastlive.com.

"Thus, the respondents have rectified the position," Justice Kaul said in his order and added: "In view of the aforesaid, I do not deem it appropriate to proceed further with the petition and the petition stands cancelled."

The court also disallowed the defendants from proceeding against India TV with a suit filed in the district courts in Arizona.

"With the growth of e-commerce and commercial activity over the world wide web, it has become possible for business to be conducted across the globe without actual presence in every place," the court said.

"The present case, inter alia, involves the question of jurisdiction in such a situation."


- IANS

Australian Legal experts question Haneef's visa cancellation

Sydney, July 17 (IANS) The Australian government's decision to revoke Indian doctor Muhammad Haneef's visa hours after he was granted bail has drawn protests in this country, with experts questioning the move.

Even as India summoned Australia's envoy to New Delhi to voice concern over the development, human rights activists said that Canberra's move appeared to cast aspersions on the magistrate who ordered Haneef, 27, freed on bail.

Marion Le, a renowned rights advocate and registered migration agent, told IANS: "I think that there is a problem with the way this so-called cancellation has been done.

"The visa holder is supposed to be first given a Notice of Intention to Cancel a Visa before it can be done and he then has 28 days to dispute the intention. The ombudsman has just concluded a review of other such cancellations which were done without proper notice and they had to be restored."

She added: "Technically it is a winnable case."

Haneef, charged in the failed British bomb plots, was granted bail by Brisbane Magistrate Jacqui Payne on the condition he provides a surety of AU$10,000 and reports to the Southport police station in Queensland state thrice a week.

Payne ruled Haneef should be released into the community pending his trial for supporting a terrorist organisation by "recklessly" giving his mobile phone SIM card to people planning the British attacks.

Without a valid visa, Haneef, who hails from Bangalore and was arrested July 2, will be deported to India once criminal proceedings are finalised. His lawyer Peter Russo has planned to delay posting bail pending the appeal.

Kirk McKenzie, a prominent lawyer and member of the Human Rights Committee and Law Society of New South Wales, was equally concerned.

"The government¹s immediate cancellation of his visa may be justified as a matter of law but it seems to be implied criticism of the magistrate¹s bail decision," he said.

"I think this is more about the precarious political position of the government, with opinion polls predicting a landslide victory to the Labour opposition at the elections which are due before the end of the year.

"The government seems to be hoping that if it manages to divert public attention to issues of safety and security, it will change public sentiment towards it. However, I suspect it will just lead to a perception that the government is relying on a security scare campaign to attempt to revive its fortunes."

McKenzie, a partner in the Syndey Law firm Haylen McKenzie, said: "The magistrate who granted him bail seems unconvinced that there is a strong case against him and given that there is a presumption against bail for terrorism offences and that the magistrate had to be satisfied that there were 'exceptional circumstances' in order to grant bail, she must have come to the conclusion that Haneef was not a threat to the community, should he be released at this stage."

Immigration Minister Kevin Andrews, who revoked the visa, said Haneef would be deported regardless of the outcome of criminal proceedings against him.

In seeking a court order to detain Haneef, police alleged that on his departure from Britain a year ago he had left a SIM card that was used by of some of those now in detention in Britain. He is related to brothers Sabeel and Kafeel Ahmed, who are in custody in Britain.

Meanwhile, the Australia India Business Council (AIBC) has appealed to government, business and community leaders as well as the media to make every effort to ensure that the interrogation of Haneef, an Indian, does not have an unreasonable and unfair negative impact on the many Australian citizens, permanent residents, temporary business visa holders, tourists and students of Indian origin living in Australia.

A statement issued by AIBC national chairman Brian Hayes QC says: "In Australia the Rule of Law and the 'presumption of innocence' are paramount. AIBC urges all Australians to respect these principles and to avoid ethnic, religious, professional or any other form of labelling that would apply suspicion of possible wrongdoing by one or a few individuals to stigmatise an entire ethnic, racial, national or professional group or community."

The AIBC statement urges policy makers, employers, service providers and opinion leaders not to introduce, promote or tolerate any discriminatory practices towards people of Indian origin in relation to employment, migration, citizenship, visa processing, admission into educational institutions and access to services.

AIBC is the only national body in Australia focusing on the promotion of stronger bilateral business and trade links between this country and India.

The statement adds: "Whatever the outcome of current police investigations, we trust that the strong ties between Australia and India and the excellent relations between Australian residents of Indian origin and the wider Australian community will continue to grow stronger as will bilateral business links. This will ensure ongoing benefits to Australia and all Australians."

- By Neena Bhandari IANS

SC to hear government's quota plea July 31

New Delhi, July 17 (IANS) The Supreme Court Tuesday fixed July 31 to hear the government's fresh plea for the revival of a law for the reservation for other backward classes (OBC) students in centrally funded higher educational institutions.

Denying any immediate relief to the government on its Monday's application for reviving the quota law, a bench headed by Chief Justice K.G. Balakrishnan also decided to take a call on formation of a constitution bench to examine the legality of the suspended quota law.

The bench, which also had Justices R.V. Raveendran and Dalveer Bhandari on it, said the matter related to the quota issue would be "listed for direction for placing it before a constitution bench next week."

But with the court likely to refer the entire issue to a constitution bench next week, the government stood a fair chance of having the hearing on its latest plea next week.

As the government's petition for the revival of the quota law, suspended by the court on March 29, came up for hearing, the court initially suggested that it be listed for hearing within next eight weeks.

This was stoutly opposed by Solicitor General G.E. Vahanvati, who said the government's entire purpose would be defeated in moving the court as the OBC students would not be able to avail reservation in the academic session 2007-08 owing to the stay on the law.

The bench then suggested its listing on July 31, while advocate Rajeev Dhawan, appearing for various petitioners challenging the legality of the law, suggested that the entire issue be listed for hearing by a constitutional bench at the earliest.

The bench acceded to his request and said that it would take its call on forming a constitution bench next week. This partly satisfied Vahanvati as well, since the government's petition would be heard earlier this way.

Arguing before the court to revive the suspended quota law, Vahnavati earlier said the government has approached the court with fresh grounds to seek the revision of its March 29 order.

Vahanvati pointed out that Supreme Court, while hearing some petitions against the quota laws of Tamil Nadu, had asked the state to increase the seats for the general category students in its medical colleges in appropriate proportion.

He said the court had given this order after it found that the state reserved up to 69 percent seats for various categories of underprivileged students - 19 percent over and above the 50 percent limit fixed by the court.

He recalled that the court had asked Tamil Nadu to increase the number of seats for general category students after it found that the students figuring high in the merit lists of the medical entrance examination in the state were not able to secure admission in the colleges of their choice with their preferred courses.

Vahanvati added that in May this year, the court endorsed its 1994 order for increasing the general category seats in Tamil Nadu.

He argued that just as the court permitted an increase in the number of seats for general category students in Tamil Nadu to implement the quota policy, it should allow the central government to do the same as per the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006.

Two More get Life Sentence in Mumbai blasts Case

Mumbai, July 17 (IANS) A special anti-terrorism court here Tuesday sentenced two of the accused in the 1993 Mumbai serial bombings to life imprisonment.

The TADA court passed the life sentence on Imtiyaz Gaute and Nasim Ashraf Barmare for criminal conspiracy and aiding and abetting the bombings.

Although Gaute was found guilty under section 120 (B) that calls for the death sentence, the prosecution recommended a lighter sentence since he suffers from HIV. Gaute was also fined Rs.239,500 while Barmare was fined Rs.230,000.

Judge Pramod Kode read out the sentences.

"He (Gaute) had, besides participating in the Shekhadi landings of RDX arms and ammunition prior to the March 12, 1993 serial Mumbai blasts, also planted an RDX-laden scooter at the busy Dhanji Street in central Mumbai, which by the grace of god did not explode," Kode said.

"The triggering pin of the explosive had got stuck in the RDX and did not explode. Had the explosion taken place it would have killed many within the vicinity, for which he is guilty of attempted murder under the India Penal Code (IPC), besides being held guilty of the Explosive Substances Act and Explosive Act.

"Considering that he is suffering from a life-threatening disease, he is not being awarded the death sentence," Kode said.

"In the case of Barmare, he was found guilty of throwing a hand grenade at the bay 54 of the Bombay international Airport where aircrafts were parked. Although the grenade exploded it did not cause any death or damage," Kode said.

"Barmare was also found guilty of participating in the filling up of RDX into vehicles at the Al Hussaini building prior to the bombing and has been sentenced to rigorous imprisonment for life for criminal conspiracy under section 120 (B) and two separate terms of 14 years' rigorous imprisonment for terror acts but not causing any death or damage to property," Kode said.

Earlier Gaute, who is HIV positive, pleaded with the court to lodge him at the Arthur Road jail, as he fears he may not get proper treatment for his terminal illness. The court said his plea would be considered.

So far the court has sentenced 78 of the 100 convicted for their role in the March 1993 serial bombings that killed 257 people.

Twenty-two convicts, including Bollywood actor Sanjay Dutt - the most high profile of the accused, are still to be sentenced.

Earlier, a convicted former customs official, Somnath Thapa, who is already suffering from cancer and was to be sentenced, failed to appear before the court stating that he was suffering from viral fever.

Special public prosecutor Ujjal Nikam demanded that a non-bailable warrant be issued to Thapa and his sentence be passed in absentia. Kode, however, instructed Thapa's lawyers to ensure that their client is present in court Wednesday.

"I cannot further delay the sentencing. Ensure that Thapa is present in court Wednesday. Bring all the medical certificates also," Kode said.

Divorces on the rise in India

New Delhi, July 16 (IANS) Divorce rates are increasing in India, as per Indian Court figures. And this societal tendency is available not simply among the wealthy in large cities but too among the not the higher class in tiny towns. The Indian capital leads with the highest amount of divorces in the nation, with much than 8,000-9,000 cases every year, followed by Mumbai and Bangalore where the figures have doubled in the previous decade, hovering between 4,000 and 5,000.

Kolkata and Chennai, the bastions of tradition, are also not far behind with a significant rise of 200 percent in such cases, according to data compiled from various state courts and the Crime Records Bureau.

Punjab and Haryana, both agricultural states, have seen an increase of 150 percent. Kerala, with the most literate people and the land of Gulf money, recorded an increase of 350 percent in the last 10 years.

Earlier divorces were limited to the affluent upper class in cities. But in the last decade, more and more middle and lower-middle class couples have been coming out of their shells to escape the pains of a discordant family.

"A study of recent trends showed that such cases are significantly rising in small towns and semi-urban areas. Many young couples, particularly women, have been filing petitions for separation, which was unheard of in the 1970s," said Supreme Court Advocate K.K. Patel.

With the courts in cities and metropolises flooded with squabbling couples, the government has created the Crime Against Women cells and Matrimonial Courts to look into such complaints.

Sunil Mittal, a psychologist, believes that "the nuclear family structure, modern lifestyle and professional tensions may be behind the phenomenal increase in marital discord".

In order to give special attention to and expedite such cases, five matrimonial courts headed by an additional sessions judge have been set up in the capital.

Many states, including Delhi, have set up marriage bureaus where counselling is done to encourage reconciliation.

The judge of a matrimonial court said there used to be one to two cases in the 1960s, 100-200 in 1980s, about 1,000 in 1990s, but now it has increased to about 9,000 cases per annum.

"The growing cases of dowry deaths, bride burning and cruelty towards women are convincing parents that a divorced daughter is not unwelcome in their homes even though earlier a great degree of social stigma was attached to it," said lawyer Namita Roy.

"Dowry harassment apart from incompatibility and adultery are probably the most common reasons stated in petitions filed by the younger generation seeking divorce."

Nowadays many young highly educated working couples go for agreements to separate rather than fight it out for years.

In court, even if there's a petition for separation on mutual consent, the legal separation for a Hindu - also Parsi and Sikh - couple takes about one year, including the six-month mandatory gestation period allowing the duo for reconciliation.

If a petition is moved jointly under Section 13-B (1) of the Hindu Marriage Act and affidavits are filed by both mentioning that they had been living separately without a physical relationship for a year, the court would grant the divorce after six months.

Muslims and Christians, however, come under separate laws with the Muslim man having the upper hand due to the instrument of 'triple talak' as an easy way of divorce and the Christian man allowed to file the adultery of his wife as a valid reason.

- IANS

Supreme Court Refuses to halt Kohli's extradition

New Delhi, July 13 (IANS) The Supreme Court Friday refused to halt the extradition of Maninder Pal Singh Kohli - the alleged killer of British teenager Hannah Foster - to stand trial for her rape and murder in Britain.

A bench of Chief Justice K.G. Balakrishnan and Justice R.V. Ravindran refused to grant legal reprieve to Kohli saying: "This case does not deserve any stay."

It was hearing a petition filed by Kohli challenging additional chief metropolitan magistrate Kamini Lau's recommendation to the Indian government to extradite Kohli to Britain, which was endorsed by the Delhi High Court.

Kohli is accused of raping and murdering Foster after kidnapping her March 14, 2003 from a place near her home in Portswood, Southampton, where she had gone on a weekend picnic with her friends.

India asks West not to place barriers to lawful immigration

Brussels, July 13 (IANS) Developed Countries receives substantial economical benefits from migratory workers and should, thus, not grow needless barriers that can head to negatives such as improper migration, according to a senior official in India's international ministry.

"Furthermore, there is need to effectively address discrimination and prejudices of all kinds including pejorative labelling and stereotyping" of immigrants, Manjiiv Singh Puri, joint secretary, ministry of external affairs, told delegates at the Global Forum on Migration and Development here, reported news agency INEPNEXT.

Last year, India received $23.6 billion in remittances from migrant workers making the country the highest recipient of inward remittances.

But "more that half of this originated in the Gulf, where a large number of our citizens participate in the development process of the countries there", noted Puri, who chaired the session on 'Working with Diaspora for Development'.

It is estimated that around 25 million people of Indian origin live in other countries while another 20 million migrants, including a large number of irregular migrants, are in India.

"India favours a regular, non-discriminatory and orderly process for our citizens proceeding overseas, whether for permanent or shorter term migration," the Indian official stressed.

The three-day forum which attracted 155 UN member states and over 800 participants ended Wednesday night in Brussels.

"You converted this meeting into a landmark in the migration and development debate, with frank and interesting exchanges of experiences and many concrete suggestions for further action," declared the chair of this inaugural Global Forum, Ambassador Regine De Clercq of Belgium.

It was announced that the Philippines would host the second global forum in 2008.

The Prime Minister of Belgium Guy Verhofstadt and United Nations Secretary-General Ban Ki-moon had inaugurated the forum.

SC asks Govt. to frame telemarketing guidelines

New Delhi, July 12 (IANS) Terming unsolicited telemarketing calls to Mobile phone users as "nuisance", the Supreme Court on Thursday asked the Government to frame guidelines and regulations to halt the threat.

A two-member bench headed by Justice A. K. Mathur asked the government to present its guidelines against telemarketing calls and needed to be stopped.

The bench asked the government to submit the rules and regulation by the next date of hearing July 27.

The move comes after Vivek Tankha, counsel for petitioner Harsh Pathak, told the court that despite the government's persistent claims of various steps taken to stop telemarketing calls, it has done nothing to put an end to the woes of the telephone subscribers and protect their privacy.

Pathak had filed a public interest litigation (PIL) against indiscriminate telemarketing calls, contending that these calls invaded privacy of the citizens as they are made at odd hours without any concern that they might be interfering and distracting the attention of a phone user from a possibly important work.

On Pathak's lawsuit, the court had earlier issued notices to 11 respondents including the central government, various cellular operators and nationalised banks and had sought their response to the issue.

Indo-Asian News Service

Government seeks transfer of canal project pleas to Supreme Court

New Delhi, July 12 (IANS) The central government Thursday moved the Supreme Court seeking transfer of various petitions pending in the Madras High Court against the execution of the ambitious Sethusamudram Shipping Canal Project (SSCP) off India's southern coast.

Taking note of the government's transfer petition, a bench of Justices B.N. Agarwal and P.P. Naolekar ordered its listing for hearing Tuesday along with two other petitions against the project pending with the bench.

The bench ordered the listing of the government's petition after Additional Solicitor General R. Mohan apprised it about its filing.

On behalf of the government, the petition was filed by state-run Sethusamudram Corporation Limited that has been entrusted with the task of executing the project.

Sethusamudram envisages a shorter navigational sea route around India's southern peninsula by dredging the peak of Ram Setu or Adam's Bridge between India and Sri Lanka.

India, despite having a peninsular coast of 7,517 km with 12 major ports and 185 medium and minor ports, does not have continuous a navigational sea route around its peninsula through its own territorial waters owing to the existence of the shallow undersea ridge at depth of 1.5 to 3.5 metre, known as Adam's Bridge.

The ships calling at Indian ports on the east coast have to go around Sri Lanka entailing an additional distance of 254 to 424 nautical miles and an additional time of 18 to 30 hours. The project was envisaged 150 years ago, but was cleared by the central government in 2005.

Some Hindus, however, believe Adam's Bridge to Ram Setu, mentioned in epic Ramayana, and believed to be built by Lord Ram's army of monkeys and bears to cross over to Sri Lanka to rescue his wife Sita.

Some environmentalists have also objected to the project.

Janata Party president Subramanyam Swamy and Chennai-based organisation Hindu Munnai's president Rama Gopalan had moved the Madras High Court seeking directions to the government to declare Adam's Bridge as a protected site of the Archaeological Survey of India (ASI).

Arguing that they were not against the execution of the project, Swamy and Gopalan through their petitions wanted to know from the government if it was possible that Adam's Bridge could be dredged only across its limited stretch.

On the petitions by them, the high court has issued notices to the ASI and the central government, seeking their replies before July 23, the next date of hearing of the petitions.

Meanwhile, the apex court is to hear here July 17, several other petitions challenging the execution of the prestigious project.

"Bombay Lawyers" to go on air from July 21

New Delhi July 12 - NDTV India on Tuesday announced the launch of 'Bombay Lawyers', a mini-series based on inspiring legal cases related to corruption, crime, nepotism and social ills rampant in India.

The mini series will be aired every Saturday starting July 21, 2007 at 10:00 pm (IST). Each episode will be an hour long and will deal with two cases.

The serial is centred around the firm of Roy & Raghavan, a firm of lawyers committed to working with integrity and dedication and against injustice in all its forms. The lawyers are themselves a rich cross-section of society. >> Read More

IT "Refund Banker Scheme" to be extended to other Metros

Refund banker scheme to be extended to Chennai, Kolkata, Mumbai and Banaglore

July 12 (PIB Press Release) - The Income Tax Department launched the ‘Refund Banker Scheme’ to issue refunds expeditiously and correctly. Presently the scheme is operative in Delhi and Patna charges. The CBDT plans to extend the scheme to Chennai, Kolkata, Mumbai and Bangalore from 30.09.2007.

While implementing the ‘Refund Banker Scheme’ in Delhi and Patna charges, it has been noticed that a number of refund vouchers are received back due to incorrect address given by the taxpayers. Some of the taxpayers do not give their correct bank account number on the Income Tax return or fail to give correct MICR code of the bank because of which refund cannot be credited to their account.

Out of 72,397 refunds dispatched by speed post between February and June 2007, as many as 7,264 have been returned undelivered by the postal authorities.

To avoid inconvenience, the taxpayers are suggested to fill up the Tax Return form properly mentioning the correct address at which refund voucher may be delivered, correct bank details i.e. account number, name and branch of the bank, and MICR code of the bank. Taxpayers must also intimate the change of address, if any, to the assessing officer immediately.

Download Income Tax Return Forms

Supreme Court halts Ujjain professor's murder trial

New Delhi, July 11 (IANS) The Supreme Court Wednesday halted the murder trial of Ujjain professor H.S. Sabharwal in a Madhya Pradesh court on a petition by his son seeking its transfer to Delhi alleging that it was not being conducted fairly.

A bench of Justice Arijit Pasayat and Justice D.K. Jain issued the notice to the Madhya Pradesh government on a petition by the professor's son Himanshu Sabharwal.

After hearing the petitioner's counsel, the bench halted the trial and issued notice to the state government, wondering, "if they had made mockery of the justice".

In his petition, Himanshu expressed the apprehension that he would not get justice in the state as the trial was being conducted to "give a clean chit to the accused persons" who happen to be youth wing leaders of the ruling Bharatiya Janata Party.

Professor Sabharwal, a 61-year-old teacher at Ujjain's Government Madhav Inter College, was badly beaten allegedly by a group of Akhil Bharatiya Vidyarthi Parishad leaders during the student union election on Aug 28 last year.

Himanshu told the court that his father succumbed to his injuries right there in the college in front of over 70 policemen, including officers of the rank of assistant superintendent of police and a local magistrate, deployed in the college on poll duty.

He said the police officers turned a blind eye to the incident and even refused to promptly register a case of murder after his father died of the beatings.

Accusing the policemen of carrying out a shoddy probe into the case, Himanshu alleged that the trial was not being conducted fairly in the state.

Despite several of the crucial witnesses retracting from their original statements, he said the Ujjain trial court had refused to declare them hostile, which would have an adverse effect on the trial.

Himanshu's counsel pointed out several other lacunae in the ongoing trial, prompting the court to issue notice to the state government.

Ban on rickshaws challenged before Supreme Court

New Delhi, July 11 (IANS) The Supreme Court Wednesday issued notices to the central and Delhi governments among others on a petition challenging a Delhi High Court order banning rickshaws in Chandni Chowk in the old walled city area and other arterial roads.

A bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran issued the notices also to the city police and the Municipal Corporation of Delhi on a petition by non-governmental organisation, Initiatives for Transportation and Developmental Programmes.

The NGO challenged the high court's Oct 16, 2006, order banning the movement of rickshaws in Chandni Chowk and nearby arterial roads.

Banning the rickshaws, Justice Kailash Gambhir had said in his order: "If the cycle rickshaws are allowed on arterial roads, meant for motorized vehicles, it would not only affect smooth flow of traffic but also create congestion, resulting in long traffic jams and wastage of fuel."

"The rickshaw pullers for their own safety and for the safety of commuters cannot be allowed to ply their cart on arterial roads," Justice Gambhir had said.

The NGO, however, challenged the order, arguing that, "the order portrays a picture as if rickshaws are some sort of menace, which is contrary to the facts".

"Various technical researches show that rickshaws are virtually indispensable for a majority of commuters of Delhi as an efficient, effective and low cost means of transportation for short distances," the NGO said in its petition.

It also pointed out that the Delhi Traffic Police, the statutory authority to control traffic in the capital, had earlier made a proposal to regulate traffic in Chandni Chowk without banning the rickshaws as they had found them indispensable.

The NGO contended that regulating traffic in the city is a technical matter and the high court cannot take a decision on it.

Pointing out the "social impact of banning rickshaws", the NGO said there are over 800,000 rickshaws, employing over a million people, who "would lose their jobs and be driven to penury and destitution".

"Rickshaws pulling is a preferred choice for unskilled people, especially migrants, as it does not require huge investment, the work timings are flexible, is less strenuous than industrial or construction work and is reasonably well-paid," the petitioner argued.

NRI husband loses custody of test tube baby

Kolkata, July 11(IANS) A non-resident Indian (NRI) settled in Pittsburg, US has been restrained by the Calcutta high court from taking custody of his 17-month-old child born through artificial insemination.

Debashish Mukherjee, the NRI, and his wife Adrija are locked in a divorce battle in a Pennsylvania court in the US. The husband had filed several proceedings in the US court, one of which was seeking custody of the child.

On Tuesday, Justice Indira Banerjee of Calcutta high court refused to grant the custody of the child to Debashish and handed him over to Adrija on a petition by her.

"In custody disputes arising out of matrimonial issues, the interest of the child is of paramount importance. This order restrains the husband, Debashish Mukherjee, from taking away the child from the lawful custody of the mother," Justice Banerjee observed.

Debashish had married Adrija on January 15, 2001, and the couple left for the US a month later. It was from then that Debashish started torturing her physically and mentally, Adrija alleged in her petition before the court. She claimed that Debashish even refused to cohabit with her.

She said when she expressed her desire to have a baby, Debashish refused but finally agreed to donate his sperm.

Following artificial insemination, Adrija gave birth to a boy in January 2006. But her husband refused to bear the expenses of the child and did not turn up at his annaprashan (rice eating ceremony of the child) in Kolkata, she said.

When she went back to the US, the torture started again, Adrija alleged.

Adrija was forced to obtain a protection order from a Pennsylvania court and return to India on May 22, 2007.

Once in Kolkata, she tried to get in touch with her in-laws but they allegedly assaulted her and her parents when she went to their home. Finally, she lodged a complaint at the local police station and moved the high court.

After hearing both the parties, the court observed that a case moved in the US was of little relevance as the marriage was solemnised in India under the Hindu Special Marriage Act and restrained Debashish or his family from taking custody of the child till further orders.

- IANS

Hannah Foster murder accused moves Supreme Court

New Delhi, July 11 (IANS) The alleged killer of British teenager Hannah Foster, Maninder Pal Singh Kohli moved the Supreme Court Wednesday challenging his proposed extradition to Britain to stand trial for the murder and rape of Foster there.

Kohli's counsel Charanjit Singh said he was likely to apprise the bench of chief justice K.G. Balakrishnan Thursday about the filing of the petition.

He said that he would request the court to hear the petition early and "give the requisite relief" to his client.

The Delhi High Court on July 6 had dismissed a petition by Kohli challenging his extradition to Britain ordered by a subordinate court.

Kohli is accused of raping and murdering Foster after kidnapping her on March 14, 2003 from a place near her home in Portswood, Southampton, where she had gone on a weekend picnic with her friends.

- Indo-Asian News Service

SC Notice to Madhya Pradesh in Monica Bedi case

New Delhi, July 10 (IANS) The Supreme Court Tuesday issued a notice to the Madhya Pradesh government on a petition by mobster Abu Salem's girlfriend Monica Bedi seeking transfer of the trial of her forgery cases from the state to Delhi or Mumbai.

A bench headed by Chief Justice K.V. Balakrishnan issued the notice. Bedi is facing trial in Madhya Pradesh for allegedly possessing fake travel documents and passports in her name.

In her petition to the Supreme Court, she had alleged that she is unlikely to get a fair trial in Madhya Pradesh.

- Indo-Asian News Service

High Court halts Mayawati demolition plan

Lucknow, July 10 (IANS) In an extraordinary sitting held at 3 a.m. Tuesday, the Lucknow bench of the Allahabad High Court temporarily halted Uttar Pradesh Chief Minister Mayawati's plan to demolish a 50 acre sports complex here and expand the Ambedkar Park.

Senior judge Pradeep Kant stayed the eviction of the people staying in the sprawling Ambedkar Sports Complex in posh Gomti Nagar - home to about 500,000 people - and stopped all demolition activity during the sitting held at his residence.

The judge, who constituted a special bench comprising himself and Justice D.P. Singh, fixed 12 noon for a detailed hearing in which all top officials connected with the issue have been summoned.

There was a huge crowd of sportspersons and concerned local residents outside the judge's house to hear his ruling.

The dramatic story began to unfold around 12 midnight when senior government officials landed up with bulldozers and asked the people inside - the hostel houses many national and state level players and other sportspersons - to vacate by 4 a.m. or face demolition.

People from the neighbourhood came out and shouted slogans against Mayawati. Some then got in touch with their lawyers, resulting in the extraordinary court sitting.

The chief minister wants to add the land on which the sports complex stands to the adjoining Ambedkar Park, which is already 108 acres. Architects from Delhi are being consulted and a sum of Rs.3.26 billion sanctioned in the state budget for the job. - IANS

President Kalam inaugrates National E-Court Project

Kalam asks judiciary to reduce pending cases by 60 percent

New Delhi, July 9 (IANS) President A.P.J. Abdul Kalam Monday asked the judiciary to reduce the huge backlog of pending cases at its various levels at least by 60 percent within five years.

The outgoing president made the suggestion while launching "an ambitious and revolutionary" Rs.8.54 billion e-courts project aimed at computerising the country's entire judiciary right from the trial courts to the Supreme Court.



"The aim of the e-courts project should be to bring down the pendency of the existing 25 million cases in district courts and 3.6 million cases in the high courts by more than 60 percent by 2012," he said.

The Supreme Court must cut down its pendency from 41,000 cases to 10,000, the president said, addressing the function attended by Chief Justice K.G. Balakrishnan, Law Minister H.R. Bhardwaj, Minister for Communication and IT Minister A. Raja, apex court judges, chief justices and judges of various high courts and trial courts besides hundreds of law students.

President Kalam, in his trademark style, also administered an oath to the law students to "work for reducing the pendency of the cases and spreading the awareness among people about their rights and responsibilities".

While launching the e-court project, president hoped that once it was fully implemented, "the courts would be able to decide civil and criminal cases within two weeks" - which takes decades at present.

In his address, Balakrishnan said that the launch of the e-court project was beginning of a new era and would prove to be a watershed for Indian judiciary.

On the occasion, he also symbolically handed over laptops to four judges of various trial courts. The government later distributed 15,000 laptops to judges of trial courts in the country to mark the launch of the project.

Bhardwaj, terming the project as "ambitious and revolutionary", exhorted the Indian lawyers to stand up to their British counterparts in efficiency and application of technology in the judicial matter".

Referring to his recent visit to Britain, Bhardwaj said: "I saw the lawyers and legal firms working there. Our Indian lawyers are not a match to them."

He said the law ministry has already allocated a sum of Rs.1.87 billion out of an earmarked outlay of Rs.4.42 billion for the first phase of the project, based on the report of the E-Committee on National Policy and Technology in the Indian Judiciary.

The project at the completion of its first phase within two years envisages establishment of computer rooms and judicial service centres in all 2,500 court complexes in the country, besides establishing digital inter-connectivity between all courts from the block level to the Supreme Court, Bhardwaj added.

By the end of its first phase, the project also aims at creating well-structured database of all judicial decisions, he said.

The first phase would also pave the way for establishment of facilities for examination of crime victims and witnesses through video conferencing.

It would also enable the government to do away with the system of transporting the undertrial prisoners from jails to courts to produce them before judges.

The minister hoped to create a National Judicial Data Centre to provide litigation trends in the country by the end of the first phase.

He said that the second phase of the project would be completed in the next two years following which it would be possible to provide information and communication technology (ICT) coverage of judicial processes from filing to execution level and also of all administrative activities.

The third and final phase, which would be implemented in the year after the second phase, will lead to the creation of information gateways between courts and public agencies and departments.

- IANS

Supreme Court notice on security to CAT judicial officers

New Delhi, July 9 (IANS) The Supreme Court Monday issued notices to the central and the Bihar governments on a plea for security to the judicial officers and advocates of the Patna bench of the Central Administrative Tribunal (CAT).

A bench comprising Chief Justice K.G. Balakrishnann and Justice R.V. Raveendran issued the notices following a letter written by the CAT Bar Association seeking security for the judicial officers and the advocates of the Patna bench of the CAT. The letter was treated as a public interest suit.

The letter comes in the wake of the killing of a friend of a judicial officer of CAT in Patna.

The bench issued notices without any time limit for the two governments to reply. In such cases, the reply is expected within eight weeks.

The CAT, with its principal bench in Delhi and auxiliary benches in various state headquarters, is the judicial forum for redressal of the grievances of the central government employees against their employer.

The letter, seeking appropriate security environment in the Patna bench of CAT for its "free and fair" functioning, referred to the May 21 incident at the official residence of CAT member Sadhna Srivastava, in which her guest Suresh Mehta was thrown off the multi-storied building by two miscreants.

Mehta, a senior Tata Motors official, died after the fall from the eighth floor of the building.

- IANS

Chhattisgarh to move court against Jogi's son acquittal

Raipur, July 9 (IANS) The Bharatiya Janata Party (BJP)-ruled Chhattisgarh government will appeal in the state high court against the acquittal of Congress leader Ajit Jogi's son in a four-year-old murder case.

According to government sources, the state's law department has decided to move the high court - based in Bilaspur - at the earliest to challenge the May 31 verdict of a lower court in the June 4, 2003, murder of Nationalist Congress Party (NCP) state unit treasurer Ramavtar Jaggi.

The district and sessions court judge (atrocities) B.L. Tidke convicted 28 of the 29 people accused in the murder, awarding life imprisonment to 19. Amit Jogi, 30, the son of former Chhattisgarh chief minister Ajit Jogi, was the lone person acquitted.

Among those convicted were four close aides of the Jogi family and three policemen, including a city superintendent of police who was jailed for five years.

"The law department has told the Advocate General to move the high court against Amit Jogi's acquittal. The government will do its best to ensure that Amit be brought to book and the deceased's family gets justice," a senior government official told IANS Monday.

Satish Jaggi, the slain leader's son, had named Ajit Jogi and his son Amit as prime suspects in a police complaint filed within an hour of the killing at the crowded Maudhapara locality in the heart of the city.

The BJP government, which came to power in December 2003, handed over the case to the Central Bureau of Investigation (CBI) in January 2004 following which Amit was arrested in June 2005 in New Delhi.

He spent 10 months in Raipur Central Jail. He was released on bail by the high court and re-arrested on May 2 this year after the Supreme Court set aside his bail.

The CBI filed a charge sheet here at a special court against dozens of people, including Amit, describing him as the "mastermind of the murder plot".

According to sources, the CBI too plans to challenge Amit's acquittal in the high court. The Jaggi family has also said it would approach the high court to ensure that Amit is convicted.

- IANS

Dubai mission issues over 5,000 emergency certificates

Dubai/New Delhi, July 9 (IANS) The Indian mission in Dubai has issued over 5,000 emergency certificates to illegal Indian workers to return home following an amnesty scheme launched by the United Arab Emirates (UAE) government.

By Sunday, the Indian Consulate General in Dubai had received 15,700 applications for emergency certificates and 5,010 certificates have been issued, according to a press statement issued by the Dubai mission.

Early in June, the UAE government had set a deadline of three months for all illegal foreign workers to either get legal status to stay in the country or face deportation.

According to the statement, the consulate has also received around 27,000 passports of Indian citizens from Dubai immigration authorities. The list of passports is available on the mission website www.cgidubai.com.

The mission will distribute these passports at the Indian High School in Dubai from Monday. The statement directed people seeking to retrieve their passports to proceed directly to the Indian High School instead of visiting the mission.

The statement also requested the public who approach the mission for various other services to stagger their visits to Wednesdays and Thursdays as Sundays and Mondays are peak days in view of the extra work generated on account of the amnesty scheme.

An official in the ministry of overseas Indian affairs (MOIA) in New Delhi said the Indian mission in Dubai is taking all precautions to ensure that certificates are not issued to the wrong people.

He said the mission is verifying the identity of those who cannot produce passports and whose names do not exist in the mission's database by getting in touch with the state government concerned.

"On receiving such a request from the mission, the state government gets the identity of the person concerned verified by having the police visit his or her home," the MOIA official said.

He added that all state governments have been requested to process all such requests as fast as possible.

There are around 1.4 million Indians in the UAE.

- IANS

High court defers hearing on plea against Patil

New Delhi, July 9 (IANS) The Delhi High Court Monday deferred till Sep 24 the hearing of a petition asking the Election Commission to cancel the nomination papers of United Progressive Alliance's (UPA) presidential nominee Pratibha Patil.

Justice B.D. Ahmed said the matter would be heard after the presidential election was over as the process had already started.

The PIL was filed by the NGO Indraprastha People, which alleged that Patil, as managing trustee of the Mumbai-based Shram Sadhana Bombay Trust that is controlled by the Maharashtra government, was holding an office of profit. This made her ineligible to contest as president.

The trust runs several schools and colleges and Patil was receiving profits from the organisation, the NGO contended.

- IANS

Bill allowing judges to challenge sacking may change

New Delhi, July 8 (IANS) A parliamentary panel is to recommend changes in a draft bill that it says allows errant high court or Supreme Court judges to mount an elaborate challenge on presidential orders dismissing them, government sources said.

Instead, the panel wants an impeached judge to be entitled to only a brief Supreme Court review of their dismissal order, said a senior law ministry official privy to the proceedings of the parliamentary panel on the law and justice ministry, which last met June 25.

The panel, which examined the Judges (Inquiry) Bill, 2006, is to recommend that the government modify Section 30 which entitles an impeached judge to go in an appeal before the Supreme Court and seek a detailed examination of the president's order.

The bill, introduced in the Lok Sabha Dec 19, 2006, seeks to establish an institutional mechanism to probe charges, such as corruption and inefficiency, brought against Supreme or high court judges. It recommends the establishment of a body - to be known as the National Judicial Council (NJC) - comprising the chief justice of India and four senior-most judges of the Supreme Court or high court.

Section 30 of the bill, in its present form, reads: "A judge aggrieved by an order of removal passed by the President or the NJC ... may prefer an appeal in the Supreme Court." The panel wants the word 'appeal' to be replaced by 'review'.

The panel zeroed in on Section 30 after law ministry officials explained the subtle differences between the legal processes of review and appeal. The panel was told that the process of appeal entails a close and detailed judicial examination of the executive's decision - both on the grounds of facts and the law.

On the other hand, a judicial review is limited to a brief examination of a decision only on the grounds of law and not fact, the panel was told.

The panel was told that as the President's decision to dismiss a judge under the Judges Enquiry Bill would be based on the recommendation made by the Chief Justice of India and other senior-most judges, it would be illogical to subject the President's decision to an elaborate examination.

It was also pointed out to the panel that the Supreme Court's power of judicial review is one of the basic features of the Constitution - as held by the Apex court in the Kesavananda Bharati case, in which executive dictates suspending certain fundamental rights during the Emergency had been challenged.

Eminent jurist and former law minister Ram Jethmalani, expressing his opposition to the bill, had told IANS: "Section 30 is the most foolish provision of the bill."

The panel has finished its examination of the bill and is presently drafting its recommendations, hoping to table them in the upcoming monsoon session of parliament.

- By Rana Ajit (C) IANS

Indian Judicary Comes of Age , E-Courts to be Launched on July 9

July 6: The President, Dr. A.P. J. Abdul Kalam, is launching National e-Courts Project for extensive computerisation of courts in New Delhi on Monday (July 9, 2007).

Re-christened the National e-Courts Project, it would "lead to complete demystification of the judicial process and ensure transparency, accountability and cost-effectiveness" in the field of judicial administration, a law ministry statement said Friday.

The project would be inaugurated by President A.P.J. Abdul Kalam at Vigyan Bhawan in the presence of Chief Justice K.G. Balakrishnan, union Law Minister H.R. Bhardwaj and union Minister for Communication and Information Technology A. Raja besides several judges from the apex court, high courts and subordinate judiciary from all over the country.

The occasion would be marked by distribution of over 15,000 laptops to judges of trial courts.

The project, for which the law ministry has already allocated Rs.1.87 billion out of an earmarked outlay of Rs.4.42 billion for its first phase, is based on the report of E-Committee on National Policy and Technology in the Indian Judiciary.

The project, at the completion of its first phase within two years after the launch, envisages establishment of computer rooms and judicial service centres in all 2,500 court complexes in the country, besides establishing digital inter-connectivity between all courts from the block level to the Supreme Court.

By the end of its first phase, the project also aims at creating a well-structured database of all the judicial decisions with user-friendly facilities to retrieve them.

The project would achieve "digital archiving" of the Supreme Court and high courts, besides creating facility to lodge cases at the courts through Internet.

It would also have a comprehensive and integrated customised software for the entire judicial system with regional language support, the law ministry statement said.

By the end of the first phase, the project would ensure facilities for examination of crime victims and witnesses through video conferencing.

Video conferencing would put a stop to the system of transporting under-trial prisoners from jails to courts for presentation before judges.

The government also hopes to create a National Judicial Data Centre to provide litigation trends in the country.

Phase II of the project would be completed in the next two years which would make it possible to provide Information and Communication Technology (ICT) coverage of judicial processes from filing to execution, and also of all administrative activities.

The third and final phase, which would be implemented in one year after the second phase, would lead to the creation of information gateways between courts and public agencies and departments, bringing about complete demystification of the judicial process in the country, the statement added.

IANS & PIB Press Release

Sabeel, Kafeel had joined Tabligi Jamaat: Bangalore Police

Bangalore, July 6 (IANS) Police here say Sabeel Ahmed and Kafeel Ahmed - two Indians who are said to be brothers and are prime suspects in the failed terror plots in Britain - had joined the Tabligi Jamaat missionary sect.

Bangalore Police have been making discreet enquiries on their own about the two brothers and Mohammad Haneef, who was detained in Brisbane, Australia, in connection with the foiled London-Glasgow terror attacks last week. While Sabeel and Haneef are doctors, Kafeel is an engineer.

Police are trying to ascertain whether the three were involved with any terror groups when they were here or got into the act after going abroad.

Kafeel is said to have driven the jeep bomb into the Glasgow airport and suffered 90 percent burns in the explosion. Sabeel is his brother, say city police, while Haneef is their second cousin.

Bangalore Police Commissioner N. Achut Rao says neither British nor Australian police have approached them for help in the probe and whatever investigation is being done here is on their own.

However, senior city police officials believe it is only a matter of time before either or both countries make a request for information from the city police on the three suspects.

What is a matter of concern to city police here, say senior officials who did not want to be named, is the report that Kafeel and Sabeel had joined a missionary sect, Tabligi Jamaat, and had differences with the local mosque authorities on the way prayers and preaching were conducted there.

The two brothers stayed with their parents, both retired doctors, at Banashankari, a middle class locality in Bangalore.

Samiullah, secretary at the Jamia Hazrat Tipu Masjid at Banashankari, told reporters Thursday evening, that the brothers "used to visit the mosque as children but after they joined the Tabligi Jammat, they became different".

Samiullah said: "As Indians we follow the Indian form of preaching and cannot accept any other form."

City police said they will pursue this lead to see what the two brothers were up to before going abroad.

Police here paid their first visit to the Banashankari residence of the Ahmeds late Thursday evening to seek more information from the family on the activities of their sons.

A team of police personnel, including a policewoman, led by Deputy Commissioner S.R. Ravikante Gowda spent nearly two hours at the house. Gowda declined to give any details of the information his team had gathered.

There is despair in the Ahmed house, with father Maqbool Ahmed, mother Zakhia Ahmed and sister Sadia Kauser losing hope of Sabeel's early release.

Zakhia Ahmed had been insisting for the last two days that the driver of the jeep driven to Glasgow airport was not her son Kafeel Ahmed. But with more evidence pouring in to establish that it was indeed him, she said she can only pray to the Almighty.

Maqbool Ahmed had recently suffered from a heart ailment and hence it was mostly Zakhia who had been interacting with the media.

The mood was no better among the family members of Mohammad Haneef as his detention with police in Australia has now been extended till Monday.

High Court paves way for Kohli extradition

New Delhi, July 6 (IANS) The Delhi High Court Friday dismissed a petition of Maninder Singh Kohli, accused in the 2003 rape and murder of British teenager Hannah Forster, paving the way for his extradition to Britain to face trial.

A division bench of Justice Mukul Mudgal and P.K. Bhasin said the earlier decision of the subordinate court in directing the Indian government to extradite Kohli to Britain was right.

On June 9, a magistrate had ordered the extradition of Kohli to Britain to stand trial for rape and murder of Hannah Foster with the stipulation that he be not hanged if found guilty.

Kohli had last month challenged his extradition order before the Delhi High Court saying that the judge of the lower court had erred in considering "false evidence" produced by the British police.

In a detailed petition, counsel for Kohli Charanjit Singh had claimed the subordinate court took into consideration the forensic report which was not scientifically based on DNA tests.

The High Court, however, expunged Friday the trial court remark that Kohli was prima facie guilty of the crime.

The only recourse left with Kohli is to challenge the order before the Supreme Court.

Court defers decision on RIL gas dispute to July 12

Mumbai, July 5 (IANS) The Bombay High Court Thursday said it would give its final order on July 12 on the issue of restraining Reliance Industries Ltd. (RIL) from selling gas produced from one of its prime blocks in the Krishna-Godavari basin to a third party.

The high court, which had passed an interim order on June 22 on a petition filed by Anil Ambani owned Reliance Natural Resources Ltd. (RNRL) and state-owned NTPC Ltd., was hearing a review petition filed by the Mukesh Ambani owned RIL Thursday.

The court had stated in its interim order that 81.6 million cubic meters of gas per day (mmscmd) was earmarked for RNRL, NTPC or for RIL's captive use for the next eight years.

RIL filed a petition seeking an injunction on the order and argued Thursday that since there was no power project at the blocks and the gas was lying unused it should be permitted to sell the gas to other companies.

The country needs natural gas for its energy requirement and the gas in the Krishna-Godavari basin in eastern India should not be allowed to lie idle at a time when we are paying heavily to meet our energy requirements, said RIL counsel Harish Salve.

"We told the court that since the proposed work on the project has not yet started and production of gas will not commence before 2012, what is the point of keeping the gas underground. We have requested the court to review its order," Salve told reporters after the hearing.

RIL had in the June called for competitive bids for selling the 80 mmscmd of gas and received price bids from various power and fertiliser companies.

"RIL's deal with RNRL was confined to only 40 mmscmd. We should be free to sell the remaining 40 mmscmd to third parties as the volumes being referred to are only on discoveries made before the agreement before June 2005," he said, referring to the settlement between the two Ambani brothers.

According to the settlement, RIL agreed to supply 28 mmscmd of gas to Reliance Energy at $2.34 per mmbtu (million British thermal units).

It also agreed to sell the 12 mmscmd of gas earmarked for NTPC if its agreement with the power major collapsed.

Both RNRL and NTPC have accused RIL of going back on its word to sell gas at the stipulated price. The June bids had generated a price of $4.58 per mmbtu that is nearly double the price at which RIL had originally agreed to sell to RNRL and NTPC.

Anil Dhirubhai Ambani Group owned by Anil Ambani also accused the Mukesh Ambani group of violating the June 2005 deal between the brothers.

Sources here said that the union ministry of petroleum and natural gas, which has till now played the role of an adjudicator in the RIL versus RNRL case, may soon enter the fray.

"In its bid to make gas available to power and fertiliser companies, the government may soon take a more active role in the dispute," sources here said.

"The government earns a part of the revenue from sale of gas as profit petroleum. Any delay in sales will hit government's earnings and it is sure to enter the fray to settle the dispute."

Court dismisses Natwar's plea for Enforcement Directorate papers

New Delhi, July 5 (IANS) The Delhi High Court Thursday dismissed the petition of former external affairs minister Natwar Singh and his son Jagat Singh - embroiled in Iraq's oil-for-food scam - for direction to the Enforcement Directorate (ED) to provide them with all documents related to the scam.

Rejecting the demand by the father-son duo, Justice B.D. Ahmed said only those documents that have been relied upon by the ED, an investigating agency, for taking action against the accused would be supplied to them.

"In the light of the Supreme Court judgements, I cannot hold otherwise," Justice Ahmed said, adding, "let's hope that law further develops on the issue".

In May last year, Natwar Singh had filed a petition seeking direction to the ED for the supply of the documents, saying that the sleuths had asked him and Jagat certain questions which were not connected with the scam.

Singh had alleged that the investigating agency was harassing him by summoning him for questioning in the scam without providing relevant documents.

Natwar's counsel Arvind Nigam contended that the Justice Pathak Inquiry Authority, constituted by the central government, had given a clean chit to him. "Singh (Natwar) is not a contractual beneficiary," he added.

"The Pathak Authority had established that there was no material derived that could construe that Singh had any financial benefits from the deal," said Nigam.

The government had also accepted the report and tabled it on the floor of parliament in August 2006.

Opposing the prayers in the petition, Additional Solicitor General P.P. Malhotra, appearing for the ED, had submitted that the former minister had been summoned for questioning as there was some prima facie evidence against him.

Jagat Singh along with his Delhi-based business associate Andaleeb Sehgal, Andaleeb's father Suman Sehgal, businessman Vijay Dhar, his son Vikas Dhar, Youth Congress leader Jameel Zaidi and Asad Khan were allegedly involved in the 'cash for oil scam' during the regime of deposed Iraqi president Saddam Hussein.

Aditya Khanna, one of the suspects in the case, had fled to Britain despite the authorities issuing a letter for cancellation of his passport.

The ED was inquiring into the benefits derived by the Indians in the scam, which was exposed by the UN Volcker Committee report. It was alleged that the suspects had earned a commission by selling petroleum products given on voucher by Hussein under the UN's oil-for-food programme between 1996 and 2003.

Rajasthan court expected to hear Mohanty plea Friday

Jaipur, July 5 (IANS) A lower court here is likely to hear Friday Orissa's senior police official B.B. Mohanty's plea converting a non-bailable warrant against him into a bailable one.

Mohanty's application said that the Rajasthan police had June 6 submitted an appeal based on false and fabricated facts in the court under Section 25 of the Police Act.

"We filed the application with the court a few days back and the court is likely to hear it on Friday," P.C. Pradeep Sharma, Mohanty's advocate, told IANS here Thursday.

Orissa Director General of Police Mohanty is facing charges of helping his son, Biti Hotra Mohanty, escape from jail as he had given surety for his parole. Bitty, convicted of raping a German tourist in Alwar, was sentenced to seven years in jail. He had gone on parole in November 2006 but did not return.

The advocate said Mohanty wants to provide his full cooperation to the state police in the inquiry but the investigating official was trying to arrest him by presenting "false and misleading facts".

"After considering the case diary it would become clear to the court that Mohanty's case is not a non-bailable offence," Sharma said.

Mohanty's petition says that Section 225 of the Indian Penal Code (IPC) clearly states that an offence is non-bailable when a person helps a convict, given life sentence or 10 years in jail or death sentence, escape.

If a convict has been sentenced for less number of years than that, the person helping the accused in escaping does not come under the category of non-bailable offence, the lawyer said.

Such cases come under Section 225(B) and are bailable offences, he added.

The court had on June 8 issued a bailable warrant against Biti and arrest warrant against his father and had given police time till July 7 to carry out the orders.

Delhi HC stays summons against Ansal, employee in Uphaar Case

New Delhi, July 5 (IANS) The Delhi High Court Thursday stayed the summons issued by a lower court against a real estate tycoon and his employee for allegedly threatening the president of an association of victims of the 1997 Uphaar theatre fire tragedy.

Justice B.N. Chaturvedi stayed the summons against Sushil Ansal and his employee Deepak Kathpalia, two days after staying two other summons against Gopal Ansal and P.S. Sharma, another employee of the Ansals.

The court also issued notices to Association of Uphar Tragedy Victims president Neelam Krishnamoorthy and the state government seeking their reply by Nov 13 as to why her complaint against Ansal brothers and their two employees should not be quashed.

The four had been issued summons by Additional Chief Metropolitan Magistrate Kamini Lau on a complaint by Krishnamoorthy, who was allegedly abused and threatened by the two employees of Ansal brothers May 10.

Krishnamoorthy had alleged that the two employees of Ansal brothers had abused and threatened her at the behest of their employer.

She had alleged that her pictures were taken May 10 when she was coming out of the courtroom of Additional Sessions Judge Mamta Sehgal, where trial against the Ansal brothers and others was on for their alleged culpability in the June 13, 1997 tragedy.

Krishnamoorthy had lost her two minor children in the fire in which 57 others were asphyxiated during the screening of Hindi blockbuster "Border".

The court, in pursuance of the high court's order to conclude the 10-year-old trial by August, is now hearing the final arguments on a day-to-day basis.

Pakistan court acquits Benazir, husband of corruption charge

slamabad, July 5 (IANS) A Pakistan court has acquitted former prime minister Benazir Bhutto and her husband Asif Zardari on charges of concealing the fact that they allegedly owned a mansion in Surrey, Britain, from the government.

Islamabad's District and Sessions Judge Mirza Rafiuz Zaman Wednesday acquitted Bhutto and Zardari from the National Accountability Bureau's (NAB) charge of concealing assets in their declaration statements submitted to the Election Commission.

The verdict came in the form of the dismissal of the NAB complaint that claimed that the asset declaration statements of the couple did not mention the Surrey mansion they allegedly own.

It also said the couple had submitted incomplete asset declarations to the Election Commission, Daily Times said Thursday.

This is one of the many cases instituted against Bhutto by the government when her rival, and now ally, Nawaz Sharif, was the prime minister.

Dabur sues to defend Chyawanprash, Hajmola in Nepal

Kathmandu, July 4 (IANS) Dabur Nepal, a wholly owned subsidiary of FMCG giant Dabur India and Nepal's largest exporter, has gone to court to defend one of its most popular products, Dabur Chyawanprash, and its "digestive tablet" Hajmola.

Chyawanprash, widely used in India and Nepal, is an ayurvedic tonic made of nearly 40 herbs. It is said to improve digestion, bolster the immunity system, aid longevity and fight depression.

Six Indian companies are among the best-known manufacturers of Chyawanprash, of which Dabur Chyawanprash dominates the Nepal market.

Both Dabur Chyawanprash and Dabur Hajmola are certified as ayurvedic medicines by Nepal's Department of Drugs Administration (DDA) and are therefore exempt from paying VAT.

However, last month, Nepal's Department of Taxation informed the company that the two products were not medicines and would therefore have to pay VAT.

Officials at the department told IANS they had not yet reached a decision whether they would ask the Indian company to pay VAT on the two products from a future date or from the time they began to be marketed in Nepal.

However, Dabur Nepal's contention is that it is the DDA that has the authority to determine whether a product is a medicine or not and Dabur Chyawanprash and Hajmola have been licensed by it to be sold as ayurvedic medicines.

Since they are licensed as ayurvedic medicines, Dabur Chyawanprash and Hajmola advertisements - starring Bollywood don Amitabh Bachchan - have to undergo additional trouble and expense, getting the approval of the DDA before being released in Nepal.

Dabur Nepal has now gone to Nepal's Supreme Court, asking for a resolution of the dispute.

If the tax authorities decide to slap VAT on the two brands since their launch in Nepal, it will complicate matters. The two products are sold at a price that doesn't include VAT and there will be no way the company can collect the tax arrears from thousands of former buyers.

At least three other Indian companies are selling their Chyawanprash brands in Nepal now. They are Vaidyanath Chyawanprash, Himani and Zandu.

However, so far, none of the three is known to have been asked to pay VAT on Chyawanprash.

If the apex court asks Dabur Nepal to pay up, it remains to be seen whether the order would be extended to the competitors and in that case, how it would affect the sale of Chyawanprash in Nepal.

While Hajmola is not a serious issue, Dabur Chyawanprash is, being one of the best-selling Dabur products in Nepal.

Dabur Nepal authorities declined to comment on the dispute, saying it was now under court jurisdiction.

Google offers to remove illegal contents from Orkut

Rio de Janeiro, July 4 (Xinhua) Google Inc. and the Federal Prosecution Office of Brazil's northeast Ceara state have signed an agreement to remove offensive and illegal contents from the social network website Orkut.

According to the agreement, signed Tuesday, the prosecution office will be able to access an exclusive web page that will help it request the removal of contents regarded as offensive or illegal.

The service will also allow the entity to preserve any kind of information that can be useful to investigation of illegal activities.

Google, which runs Orkut, is committed to drafting a team of employees specialised in fulfilling the office's demands within a day.

In 2006, the Federal Prosecution Office charged Google with not cooperating with police investigations and refusing to provide information on users' profiles and communities hosted by Orkut, almost forcing the US group to close down its office in Brazil.

Google argued that all the data displayed on the website were stored in the company's servers in the US, and was not available to its branch in the country.

Google has signed agreements with prosecution offices in several Brazilian states to facilitate the settlement of problems with the judicial system.

The settlement originally depended on a series of court decisions.

Xinhua

(C) IANS

Court asks UGC to include Amity name in website

New Delhi, July 3 (IANS) Delhi High Court Tuesday directed the University Grants Commission (UGC) for listing Amity University, Uttar Pradesh, in the list of universities on its website.

Amity had submitted in the court that though it was recognised under the UGC Act with the power to award degrees, the non-inclusion of its name in the UGC List (which is a non-statutory list) was creating problems for its students as some universities were denying them admission for further education because the name of Amity was not on the UGC website.

Allowing the petition filed by Amity University, Justice Badar Durrez Ahmed observed: "It is beyond the pale of any debate that UGC is a public body and performs public functions and although it has discretion in maintaining or not maintaining a list of universities, once the discretion in exercised, it must be reasonable and not arbitrary.

"...it is not open to UGC to pick and choose and arbitrarily and unreasonably deny inclusion of the petitioner's name in the said list even though it falls within the definition of the word "university" given in section 2(f) of the UGC Act."

Top Pakistani law officials may be sacked

Islamabad, July 3 (IANS) Pakistan's law secretary and attorney general may be sacked, media reports said Tuesday, a day after the Supreme Court slammed the government and imposed a fine for making "scandalous" claims against suspended chief justice Iftikhar Mohammed Chaudhry.

The government moved swiftly to clear the Supreme Court complex and the houses of judges of intelligence personnel and bugging devices, the reports said.

An 11-judge bench headed by Justice Khalilur Rahman Ramday had Monday said that counter-affidavits filed by the government against Chaudhry were "scandalous and vexatious" and aimed at maligning judges in general.

Also, security officials were barred from attending court proceedings and the court ordered that its premises be checked for bugging devices.

Speculation is rife over the likely fallout of the court's strictures.

Prime Minister Shaukat Aziz might be made "a scapegoat", The News said, adding that Law Secretary Justice (Retd) Mansur Ahmed and Attorney General Makhdoom Ali Khan may be replaced.

"Law Secretary Justice (Retd) Mansur Ahmed, who was issued a show-cause notice by the full court on Monday, is likely to be the first in the firing line. Even his friendship with the powerful decision-makers may not save him this time," the newspaper said.

The report said that Mansur Ahmed became law secretary against the rules that bar the appointment of a judge. He was formerly a judge in the Lahore High Court.

Attorney General Khan had been given "enough time to chew" on the proposed government move on the basis of available records, the newspaper said. Khan took weeks before he gave his final nod.

The court had also blasted the government's counsel Malik Qayyum Monday. However, he tendered his unconditional apology, which the full court accepted.

The supposed government strategists, authors of the affidavits and those who planned the strategy to fight Chaudhry include Chief of Staff to the President Lt-Gen (Retd) Hamid Javaid.

However, the newspaper said that he is not considered "a legal mind" and may escape the axe because of his proximity to the president.

Pakistan has been in the midst of nationwide protests after Musharraf suspended Chaudhry March 9 on the ground that he misused his office to promote his son, Arsalan Iftikhar.

Notice to Nafisa Ali on Husain painting quashed

New Delhi, July 3 (IANS) The Delhi High Court Tuesday suspended the operation of a show cause notice issued by a subordinate court here against social activist Nafisa Ali for allegedly purchasing a controversial painting by noted painter M.F. Husain.

Acting on a petition filed by Nafisa Ali, a former Miss India and actress, Justice B.N. Chaturvedi stayed the notice issued on a petition by Shiv Sena leader Jai Bhagwan Goel.

The lower court had issued the notice on May 15 without taking cognisance of the offence, said Lawyer Sidharth Luthra appearing for Ali.

The trial court judge did not have power to issue the notice before taking cognisance, he said while seeking quashing of the order.

Luthra said Ali did not purchase such a painting and even if she did it was not a crime.

The painting in question is one of the series of works portraying Hindu goddesses in nude - that have angered a section of society.

While adjourning the matter till Nov 23, the court asked the complainant to file his reply to substantiate the allegations.

Supreme Court dismisses plea against Patil's candidature

New Delhi, July 3 (IANS) The Supreme Court Tuesday dismissed a petition seeking directions to the Election Commission to cancel the nomination papers of United Progressive Alliance's (UPA) presidential candidate Pratibha Patil on the ground that she was in debt to the public exchequer.

A vacation bench of Justices Tarun Chatterjee and P.K. Balasubramanyan dismissed the petition saying there was no ground for moving the court under Article 32 of the constitution, which empowers a citizen to move the court for violation of fundamental rights.

The bench, however, gave the petitioner, advocate Manohar Lal Sharma, freedom to approach other appropriate authorities, including the Election Commission, for redressal of his grievances.

"This petition is filed under Article 32 of the constitution. We find no ground to interfere and exercise our jurisdiction. However, this will not prevent the petitioner from approaching appropriate authorities for redressal of his grievances," the bench said.

The court also scoffed at the petitioner for not having any documentary evidence to substantiate his allegation that the UPA government's presidential nominee was an "undischarged insolvent", indebted to public exchequer.

The bench asked Sharma if there was any court ruling declaring Patil - UPA's presidential nominee supported by the Left and Bahujan Samaj Party (BSP) - an undischarged insolvent but the lawyer could not satisfy the court.

According to Sharma, Patil owed Rs.177 million to the public exchequer as founder president and chairperson of the Sant Muktai Cooperative Sugar Factory of Jalgaon in Maharashtra, set up in 1973.

The factory, which essentially happens to be Patil's family business entity, was granted the loan by the Mumbai District Co-Operative Bank under her guarantee as the company's president. It is still run by her brother, said Sharma.

He stated in his petition that a person is not qualified to be elected as president unless he or she is qualified to be elected as a member of parliament according to constitutional provisions. And any person indebted to the public exchequer is not qualified to be elected as a parliamentarian, he added.

Legal hurdle crops up to Pratibha Patil election as President

New Delhi, July 2 (IANS) The Supreme Court Monday decided to hear Tuesday a petition seeking cancellation of the United Progressive Alliance government's presidential candidate Pratibha Patil's nomination paper for the election on grounds of her allegedly being in debt to the public exchequer.

The major legal hurdle against Patil's near-sure election as president of the country cropped up after advocate Manohar Lal Sharma Monday mentioned before a vacation bench of Justice Tarun Chatterjee and Justice P.K. Balasubramanyan that he has filed in the court's registry a petition seeking cancellation of Patil's nomination paper.

Sharma told the bench that his petition raised the significant legal and constitutional question whether a person is eligible to be elected as president of the country despite being an "undischarged insolvent", having not been able to clear his debt to the public exchequer and others.

After hearing Sharma's preliminary contentions, the bench decided to take up the petition for elaborate hearing Tuesday.

Sharma in his petition alleged that the UPA government presidential nominee, who also enjoys the support of the Left parties and Bahujan Samaj Party, was an "undischarged insolvent" and owed a debt to the tune of Rs 177 million to the public exchequer.

Raising the crucial legal issue in his petition, Sharma said that as per the constitutional provisions, a person is not qualified to be elected as country's president unless he or she is qualified to be elected as a member of Parliament.

And as per another constitutional provision, an undischarged insolvent, owing debt to public exchequer is not qualified to be elected as a parliamentarian, Sharma added in his petition.

The petition said that Patil owed the astronomical debt of Rs 177 million to the exchequer as the founder president and chairperson of the Sant Muktai Co-operative Sugar Factory of Jalgaon in Maharashtra, set up in 1973.

The factory, which essentially happens to be Patil's family business entity, was granted the loan by Mumbai District Co-Operative Bank under Patil's guarantee as the company's president. The factory is still run by her brother, said Sharma.

Two years before she quit the chairpersonship of the factory in 1996, it owed a debt of Rs 177 million and the Mumbai District Co-operative bank had issued it notices in 1994 for recovery of the loan. The loan has not been paid till date.

Sharma said that a month back, the bank declared Patil's sugar factory as defaulter and ordered it to be sealed as repeated notices by the bank to her, issued on her address as the Rajasthan governor till recently, did not get any response.

The petitioner pointed out to the court that the UPA government's presidential nominee did not disclose all these crucial details in her nomination paper to the election commission.

He sought the court's direction to the poll panel to cancel her nomination papers for not disclosing all these details.

Madhya Pradesh to increase security for Judges

Bhopal, July 2 (IANS) The security cover provided to judges in Madhya Pradesh is set to be beefed up following a rise in violent incidents in courts in the recent past.

Recently, a convict attacked a judge soon after he delivered the judgement at Begumganj in Raisen district.

Alarmed over the rise in the number of attacks on judges and violence in court premises across the state, a delegation of judges met Chief Minister Shivraj Singh Chouhan Saturday to voice their concern.

During the meeting, the chief minister assured the judges that their safety was one of the prime concerns of his government.

Chouhan is reported to have directed the Principal Secretary (Home) Satya Prakash to look into the matter, ensure security of the judges and post adequate security personnel in court premises.

Indian consulate gives away 700 emergency certificates

Dubai, July 2 (IANS) The Indian mission in Dubai issued nearly 700 emergency certificates to illegal Indian workers to return home as hundreds of them thronged the Indian High School here.

Due to the heavy rush of Indian workers Sunday, the Indian consulate has decided to open a centre in Sharjah in the next two days for issuing certificates.

Last month, the United Arab emirates (UAE) government had set a deadline of three months for all illegal foreign workers to either get legal status to stay in the country or face deportation.

As of last week, close to 5,500 applications was received by the Indian mission here.

"We distributed about 700 out passes yesterday. We are starting a new centre at the Indian Association in Sharjah within two days. So people from Northern Emirate can go to the Sharjah centre to collect the certificates," Indian consulate spokesperson B.S. Mubarak said.

The Indian community is responding positively by helping the mission in processing amnesty-seekers' papers, he added.

There are around 1.4 million expatriate Indians in Dubai, many of them contract workers.

Meanwhile, some amnesty-seekers complained of delays in the processing of emergency certificates saying that they had to wait for hours just to submit their applications, the Khaleej times reported.

"I came here at 8 a.m. and I had to wait until 12.30 p.m. just to submit my application. Now I have to wait for another 15 days for the certificate," said Murugan. - IANS

India to host First international Tax Conference

The first international Tax Conference – co-hosted by the Ministry of Finance, Asian Development Bank (ADB) and Organization of Economic Cooperation and Development (OECD) will be held from 2nd July, 2007 in New Delhi. The two-day Conference will bring together, on a common platform, experts from the various countries and India as well as tax officials of the Government of India to discuss tax reforms in different countries.

The Conference provides to the international participants, a unique opportunity of understanding Indian tax reforms as well as to contribute to the process. Changes in the policies in India will have a large overall impact since one sixth of the humanity lives in the country.

In early 1990’s India chose to move to an alternative form of development which relied much more on the market economy and private sector while lessening reliance on the public sector’s control of ‘commanding heights of the economy’. Increasing the size of the cake, has been recognized, is as important as dividing it equitably.

This shift in the Government’s policy entailed several structural adjustments. Rupee was made convertible, imports and exports were liberalized, and manufacturing was freed from ‘license permit raj’. Fiscal reforms - an important element of these adjustments - followed a consistent pattern of moderating rates of taxes, minimizing exemptions, broadening the tax base, easing the procedures and removing the discretionary powers of officers. The result has been a growth in tax revenues, transparency in procedures and a healthy growth of the economy.

After over 16 years of consistent reforms, it is felt necessary to take stock of the fiscal reforms and learn from experts from other countries about experiences in their countries as well as how they see Indian reforms. Such a reflection, would give us a better insight into what India has been doing so far as well as what should be done in future. This Conference would be a success if it achieves this objective.

The two Plenary Sessions at the beginning set the tone for the proceedings of the Conference. The six parallel sessions that follow, focus on a specific topic each. The third Plenary Session gives everyone an opportunity to learn about the conclusions of the Parallel Sessions while the last Plenary Session seeks to chalk out the future course of action.

Apart from the formal methods of interaction, the Conference provides an excellent opportunity for the participants to develop informal contacts and exchange views and information which may also develop some long-time associations. (PIB Press Release)

Delhi's high-rise buildings becoming suicide zones?

New Delhi, July 2 (IANS) High-rise buildings in the Indian capital are increasingly becoming the chosen place to commit suicides. And police officials say they have no ready solution to end this madness.

According to Delhi Police statistics, only three people committed suicide by jumping off high-rise buildings in 2004. In 2005 the number went up to 20 and in 2006 to 36. Police say at least seven such incidents took place this year.

Rajni, a 26-year-old woman, jumped to her death June 22 from the office of Emmanuel Hospital Association, an NGO at Dipali Towers in Nehru Place. She had been accused of stealing Rs.500,000 in cash from her uncle's house here.

On June 28, Ramesh Kohli committed suicide by jumping from the fourth floor of a business centre in Janakpuri in west Delhi. The 45-year-old's family said he had been depressed for two months.

On June 10, a young housewife ended her life from the eighth floor of the same building.

Deputy Commissioner of Police Manish Aggarwal told IANS: "With the increasingly busy pace of life, the tolerance level among people has gone down drastically. People are competing with each other and don't have the support system to cope up with pressure. This is resulting in more suicides."

Another police officer who did not want to be identified added: "Committing suicide by jumping from tall buildings is the trend here. It's almost impossible to prevent people from taking their own lives."

He said that deploying security personnel at vantage 'suicide points' at all high-rise buildings was practically not feasible.

In any case, said the official, police deployment could not be a solution to the larger problem.

"People also end their lives by hanging themselves in their houses, so police deployment is definitely not an answer. We have to strengthen our social support system. It's a social issue and needs to be addressed by society," he said.

According to psychiatrist Sameer Malhotra, the suicide deaths reflect the mindsets of people who think that jumping from high-rise buildings is certain to lead to their deaths.

Malhotra said people were faced with more stress and prone to depression nowadays due to growing demands and expectations. They were not ready to accept failure. The growing number of nuclear families also means that the support system has gone down.

Sameer Parekh, a psychiatrist with Max Hospital here, feels that India, like other countries, should have a suicide prevention policy.

There has been a significant increase in the number of suicide cases in Delhi, according to police data. In 2005, 1,245 cases were reported and this went up to 1,492 in 2006. Most died by hanging. - Sahil Makkar IANS

Tamil Nadu to set up evening courts

New Delhi, July 2 (IANS) Tamil Nadu is all set to establish evening courts Tuesday to tackle the problem of pending lawsuits at the trial court level.

Officials of the Department of Justice said that initially 11 evening courts would be established on experimental basis. The state will set up four evening courts in Chennai, two each in Coimbatore and Tirunelveli and one each in Salem, Madurai and Tirucharapalli. The courts would function from 6 p.m. to 8 p.m.

If the trial proves successful, more evening courts will be set up in consultation with the Madras High Court.

Last November, Gujarat, with around four million pending criminal and civil cases, became the first state in the country to establish evening courts on an experimental basis. The experiment is showing promising results.

With around 62 courts established by it since Nov 15, 2006, Gujarat has been able to dispose of around 62,000 pending cases of petty criminal and civil nature.

Officials said that following Gujarat's example, the Tamil Nadu courts will also be manned by the sitting judicial or metropolitan magistrate on incentive basis and dispose of the petty criminal and civil litigation where the punishment is limited to imposition of fine.

A three-judge committee of the Madras High Court, comprising Justice Dharmarao Elipe, Justice A.C. Arumugaperumal Adityan and Justice M. Jayapual will monitor the functioning of the evening courts.

As per June 2006 figures, the state had a total backlog of 874,938 cases pending at trial court level. In some states, the figure is reaching the five million mark, according to ministry officials.

Uttar Pradesh has a backlog of 4.74 million cases. Maharashtra has a backlog of 3.32 million cases in its lower courts, West Bengal has 1.9 million, Bihar 1.2 million, Karnataka 1.08 million and Rajasthan 1.05 million.

Law ministry officials said they hoped that more states would emulate Gujarat's evening court experiment to curb the rising backlog of cases at the trial court level.

The concept of evening courts was first mooted at the conference of chief ministers and chief justices of high courts in New Delhi last April.