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.

New Supreme Court Cases CD launched

Indianlawcds.com launced the new SUPREME COURT India Judgments CD (Full Text) -
Very Powerful & Fast Search, Over 37000 Judgments, Auto Summarizer , Automatic Spelling Correction at Unbelievable Price:

Features of the CD

• Very Easy to Use: Just enter the details of your case in plain English to get the list of Supreme Court Judgements.
• Very Fast Search: It takes less than five seconds to get the list of Supreme Court Judgements.
• Automatic Spelling Correction: If user enters a wrong word, it suggests correct spelling. If user clicks on "Yes" button, the corrected words are used for search. This feature is available only in this Software and not provided in "On Line Search".
• View Full Text: Once Supreme Court Judgements are listed, you can view Full Text of any judgment.
• Save Cases: Allowed to save case details for future reference. You can search and retrieve it later by just entering first few letters.
• Auto Summarizer: There is a facility to generate automatic summary of the judgement. The user can enter the number of words for summary.
• Advanced Search: Advanced Search allows to search on multiple fields like:
  1. Name of Petitioner or Respondent
  2. Name of Petitioner
  3. Name of Respondent
  4. Name of judge
  5. Name of any judge from bench
  6. Citation
  7. First two digits of Date of Judgment
  8. Month Name (First Three Letters. Ex. Jan Feb Mar etc.)
  9. Year in which Judgment given
  10. Week Day of Judgment (First Three Letters. Ex. Mon Tue etc.)
  11. Search Full Text
  Click here for Details
  

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.