| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: LEGAL NEWS- For cracking CLAT, AILET 2013 Sep 29th 2012, 16:59 | GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012 | | The most comprehensive career education and test preparation forums in india. | | | LEGAL NEWS- For cracking CLAT, AILET 2013 Sep 29th 2012, 16:40 Hello All!! I missed out some of the news the last time I posted for my exams were on!! So here's another collection!! SC to resume hearing of 2G related matters Sep 27 The Supreme Court said Thursday that after a "long hiatus" it would resume the hearing of 2G related matters from Sep 27 and continue proceedings on the subsequent Thursday in the next week. An apex court bench of Justice G.S. Singhvi and Justice K.S. Radhakrishnan said that after a "long hiatus" they will commence the hearing of the 2G related matters from the coming Thursday and would continue even on the subsequent Thursday. The court directed its registry to inform counsel for the Central Bureau of Investigation (CBI), the Enforcement Directorate and the Income Tax Department. There are a number of reports by the government agencies that are pending with the court for its considerations. Besides, there are also a number of applications relating to the case. The court order for resuming the hearing of the 2G related matters came after it adjourned hearing on a petition by Janata Party president Subramanian Swamy seeking initiation of contempt proceedings against Finance Minister P. Chidambaram and his son Kirit Chidambaram.Swamy sought the action for Chidambaram and his son allegedly filing a defamation case against him in Singapore in order to shackle him from pursuing the 2G cases in the trial court. He sought initiation of the contempt proceedings alleging that Advantage Strategic Consulting Singapore (ASC Singapore) held by Chidambaram's son had filed a defamation case against him for pointing to questionable transactions between the company and telecom company Aircel. Swamy said that filing of the defamation case was a move to engage him in overseas cases which would involve his time and resources and thus restrict his engagement with the 2G cases. CWG ex-media officer sent to judicial custody A Delhi court on Thursday sent to judicial custody for 14 days a former media officer of the Organising Committee (OC) of the 2010 Commonwealth Games (CWG) in a forgery case. Additional Chief Metropolitan Magistrate Gautam Manan sent former OC deputy director-general (protocol and media relations) Nachiketa Kapur to judicial custody till October 3. He was arrested on charges of using a forged degree to get the job. Kapur was on interim bail for two days, granted by the court Sep 18, to attend the cremation rituals of his father who died September 7. He was arrested last week after he surrendered in court. Police booked him for forgery, cheating and criminal conspiracy for allegedly using a forged graduation degree to bag the job. Court asks Himachal to clarify liquor vend policy The Himachal Pradesh High Court has asked the state government to clarify its policy on opening liquor shops near educational institutes and religious places. A division bench of Chief Justice Kurian Joseph and Justice Rajiv Sharma Wednesday observed the liquor vending policy followed in the state in regard to distance from educational institutions, places of worship and bus stands "appears to be lacking in clarity". The order was made available Thursday. "It is provided that there shall be no such liquor vend within the distance of 60 metres from the recognised educational institutions, places of worship and inter-district bus stands," the bench said. The court observed that how to measure the distance is not clear in the policy and listed the matter for next hearing Nov 19. The court's observations came on a letter written by Ashok Kumar to the chief justice seeking directions to authorities concerned to shift a liquor vend situated near a girls' senior secondary school in Paonta Sahib in Sirmaur district. Kudankulam safety steps a matter of public interest, says SC The Supreme Court Thursday told the government not to treat as an adversarial litigation the petition seeking implementation of all safety steps before the commissioning of the Kudankulam Nuclear Power Plant (KNPP) as it concerns public interest. A bench of Justice K.S. Radhakrishnan and Justice Dipak Misra made the observation when Solicitor General Rohinton Nariman sought to counter counsel Prashant Bhushan while he was arguing the case against the loading of fuel rods in the reactor of the plant till all the 17 safety steps recommended by the expert committee were put in place. Asking the Solicitor General to be patient, Justice Radhakrishnan observed: "It concerns the rights of the people. It is a matter of public interest (matter). We understand it." It also told Nariman that issues being raised by Bhushan were not piecemeal as he had contended. The court's response came in the course of the hearing of a petition by an IT professional, P. Sundarrajan, seeking to restrain Nuclear Power Corporation of India Ltd (NPCIL) from going ahead with the loading of the fuel rods in the reactor of KNPP's unit one. During the last hearing Sep 13, the court had declined to pass any immediate order to restrain the government and NPCIL from going ahead with the loading of nuclear fuel rods in the reactor of the plant. Assailing the Atomic Energy Regulatory Board's (AERB) nod for the loading the fuel rods in KKNPP, Bhushan said that the regulatory board had made an unequivocal statement that the Tamil Nadu nuclear plant would not be commissioned without implementing the 17 recommendations of the expert committee that was set up in the wake of Fukushima nuclear power plant accident in Japan. Now the same regulatory board says that fuel roads could be loaded in the reactor and safety recommendations could be implemented in the due course of the time, he told the court. Mocking at the AERB for allegedly backtracking from its position before the Madras High Court, Bhushan said: "If it (safety measures) is not required, then why they should be implemented even after two years? If they (safety steps) are required to be taken, then why not before the loading of the fuel rods?" On the government's submission that the 17 steps were by way of abundant caution and were not pre-requisite for commissioning of the plant, Bhushan said: "In nuclear plant you have to move with more than abundant caution because nuclear accident is catastrophic." Bhushan also contended that the KNPP had never received the environmental impact assessment and there was no nuclear emergency management plan as envisaged by the National Disaster Management Authority (NDMA). Questioning the way AERB was functioning – not as an independent regulatory authority but as an authority subservient to the atomic energy establishment – Bhushan referred to the Comptroller and Auditor General questioning whether the AERB was discharging the objective it was created for and should it stay on as regulatory authority. At this, Justice Misra asked: "Can CAG comment on the constitution of an authority which legislatures empower the state to create. Can a body exist or not… can it come under the purview of the CAG." Responding to the observation, Bhushan said that AERB gave its nod for the loading of fuel rods under the government's pressure. He also noted that the current AEB chief was earlier chief of the NPCIL. Saying that it would like to hear what guarantees the government could provide on the safety steps, the court directed the listing of the PIL petition Sep 27 for further hearing. SC notice to Centre on plea for probe of AI aircraft purchase The Supreme Court on Friday issued notices to the Union of India other respondents on a petition seeking probe into the "unnecessary" purchase of 111 aircraft for the national carrier costing Rs 67,000 crore to the exchequer. The Apex Court bench of Justice HL Dattu and Justice CK Prasad issued notice on a petition by the Centre for Public Interest Litigation (CPIL) seeking Central Bureau of Investigation (CBI)/special investigation team (SIT) probe into the purchase of aircraft and other decisions causing loss to the exchequer. The SC also issued notices to CBI, Central Vigilance Commission (CVC) and Air India in this case. The CPIL has also sought probe into taking on lease aircraft that again dented the exchequer by "thousands of crores of rupees". Besides this, the CPIL has also prayed for probe into the national carrier leaving profitable routes and timings "for the benefit of private airlines". A probe has also been sought into Air India giving away its bilateral rights to foreign carriers. The notice is returnable in four weeks. Geetika suicide case: Gopal Kanda denied bail Former Haryana minister Gopal Kanda was on Thursday denied bail in the Geetika Sharma suicide case by a Delhi court which said further probe was needed in view of a police report that the victim was pregnant in March this year. The court said there was need to investigate whether there was any connection between the pregnancy and the alleged pressure by Kanda on Geetika to join his company. "In the police file, there is report of a private gynaecologist which shows applicant/accused and victim had visited the clinic on March 9, 2012 and the victim woman was pregnant. This may be one of the cause for her first suicide note dated May 4," District and Additional Sessions Judge SK Sarvaria said. Taking note of the report of the gynaecologist, the court said, "it may be one of the causes for her to think about suicide and write a suicide note on May 4 but somehow she changed her mind. However, pressure tactics of accused allegedly continued and she was telephonically contacted to join duty," the court noted. It also said, "The postmortem report collected during investigation by the IO shows one strange thing that the deceased/victim woman was habituated to sexual intercourse, therefore, the matter requires investigation whether the victim declined to join the services with the accused or was being pressurized to join it for the purpose of her sexual abuse or not. The judge noted that "the present case shows direct allegation against Kanda and Aruna Chadha (his employee and co-accused) who were pressurizing the victim woman again and again right from 2010 when she resigned from the job and joined Emirates Airlines in Dubai…" "There are allegations of continuous exerting pressure upon the victim to join the company of accused Gopal Goyal. The two suicide notes dated August 4 and May 4 prima facie show that victim on account of pressure from Kanda and Chadha wanted to commit suicide." Earlier, Kanda's counsel Ramesh Gupta had contended that there was no evidence that Geetika was pregnant with Kanda's child. He argued that "the police has been saying Kanda was in touch with Geetika telephonically but it has failed to show if there was any physical contact between them." Public Prosecutor Rajiv Mohan had vehemently opposed Kanda's bail saying he is an influential person and is a sitting Haryana MLA and can tamper with evidence and influence public witness if released on bail. Kanda was arrested on August 18 after he had surrendered before the police, 13 days after Geetika was found dead in her Ashok Vihar house in North West Delhi. He was then remanded in judicial custody on August 28. Earlier, his anticipatory bail plea was rejected by the trial court and the Delhi High Court, following which he surrendered before the police. In her August 4 suicide note, 23-year-old Geetika said she was ending her life due to "harassment" by Kanda and Chadha. The court had also rejected Chadha's bail on September 7 saying the probe is at an initial stage. She today moved an appeal in the Delhi High Court. She has sought bail on the ground that she is a single-parent and has a seven-year-old daughter and old parents to look after. The appeal will come up tomorrow before Justice Manmohan. Individual liberty can't be allowed for anarchy : SC The Supreme Court today ruled that the personal liberty of an individual, despite being paramount, cannot entitle "notorious characters" to bail to create anarchy in the society. "It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. "The prospect of greater justice requires that law and order should prevail in a civilised milieu," said a bench of Justice KS Radhakrishnan and Justice Deepak Misra, cancelling the bail granted by the Allahabad High Court to a history cheater Shiv Raj Singh, involved in over 50 criminal cases. The apex court cancelled Singh's bail, expressing serious concern over increasing incidents of kidnapping for ransom and revenge in the country. Sub-post convicted for taking bribe from agent A post office employee has been convicted by a Delhi court for taking bribe from a woman saving scheme agent, mandated to encourage people to open account with the post office and receive commission for each deposit, to allow her work smoothly. Special CBI Judge Rajiv Mehra convicted Sub-Post Master Hira Lal Dua of Shastri Nagar Post Office under the Prevention of Corruption Act for abusing his official position and taking pecuniary advantage through corrupt and illegal means. "There remains no shadow of doubt that accused made a demand of the bribe and accepted the same to allow the complainant to work smoothly and peacefully," the court said. The order on convict's sentence would be pronounced next week. The case was registered by the CBI on June 14, 2007 on the complaint of post office agent Krishna Goel, who had managed to open 600 saving bank account with the post office on behalf of her clients. In her complaint, she had alleged that Geeta Colony resident Dua used to demand money from her whenever she went there to deposit her clients' money. SC poses searching queries to Centre on Kudankulam | | | |  | |
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