Delhi HC allows ICL to file fresh petition against BCCI

New Delhi, Sep 28 (IANS) Delhi High Court Friday allowed the Indian Cricket League (ICL) to withdraw its petition alleging that the Board of Control for Cricket in India (BCCI) was intimidating players who joined the rebel league. The BCCI had questioned the legal validity of such complaints.

BCCI counsel Ashok Desai and Abhishek Singvi submitted that the ICL did not have any valid reasons to file such a complaint without citing the law on the basis of which it was filed.

The ICL counsel then sought the court's permission to withdraw its petition and file a fresh one stating the specific amendments by Oct 22.

In its petition, ICL had submitted that Indian Oil Corporation (IOC) and Air India had threatened employees that their services would be terminated if they joined ICL.

The petition filed in August by Essel Sports Pvt Ltd, the promoter of ICL, sought that BCCI be directed not to intimidate players who join ICL.

In an interim order, Justice S.K. Kaul had ruled that, "the Public Sector Corporation governed by various ministries will not terminate services or take any punitive action by the reason of its employees (registered with the BCCI) seeking to affiliate themselves to Indian Cricket League".

Desai argued that the ICL petition that levelled allegations against BCCI should be dismissed. Singvi said that no player had ever been intimidated by the BCCI nor were there any allegations of coercion from anybody till date.

The court had asked the government to clarify the situation about the Indian cricket team and the role of BCCI in controlling the game in the country.

ICL had submitted that the team representing the BCCI was not the India team and that BCCI could not intimidate players for joining another group. ICL had also asked for directions to ensure that BCCI would not prevent the rebel league from using stadiums across the country for ICL matches.

"The BCCI had earlier submitted before the Supreme Court that it was a private body and the players were also playing for the board, so the team should not use the name of India and its flag during matches in India and abroad," the ICL petition contended.

The league also accused the cricket board of threatening and intimidating it as well as other state organisations.

Supreme Court orders deportation of 13 Pakistani prisoners

New Delhi, Sep 28 (IANS) The Supreme Court Friday ordered the deportation of 13 Pakistanis languishing in several Indian jails for periods exceeding their sentences for various offences they had been charged with.

While examining the cases of 52 Pakistani nationals detained in various Indian jails, a bench of Justice B.N. Agarwal and Justice P.P. Naolekar ordered the Jammu and Kashmir chief secretary to recommend to the centre to deport nine Pakistani prisoners by Oct 10 and four others by Oct 31.

The bench issued the direction in response to a petition by Jammu and Kashmir Panthers' Party president Bhim Singh, alleging that as many as 52 Pakistanis were detained in various jails - some without trial and others for periods exceeding their possible sentences for the offences they had been charged with.

While the state government told the court that it had already sent to the centre its recommendation to deport nine prisoners, the central government denied receiving any such recommendation.

On being quizzed by the bench, the Jammu and Kashmir government was unable to substantiate its claim with valid documents that it indeed had sent its recommendation.

Upset over the state government's casual approach, the bench sternly ordered the state chief secretary to make his recommendation to the Centre by Oct 10. It also ordered that the state send by Oct 31 its recommendation to the Centre to deport another four Pakistani prisoners, who have been languishing in various jails for between two to twelve years after completing their sentences.

After examining the cases of 13 Pakistani prisoners, the bench adjourned the matter for further hearing on Oct 8.

Pakistan regime warns lawyers against protests

Islamabad, Sep 28 (IANS) Responding to threats by lawyers to picket the Election Commission office here Saturday, the Pakistani government Friday said that no one would be allowed to lay siege to government buildings.

The lawyers' collective in Pakistan is protesting the Supreme Court's decision Friday to allow President Pervez Musharraf to contest presidential elections, seeking second term, even while retaining the army chief's post.

"No one will be allowed to pose a threat to the government buildings," chief of ruling Pakistan Muslim League-Quaid-e-Azam (PML-Q) Shujaat Hussain told reporters.

The lawyers' collective has urged attorneys and lawyers across the country to reach Islamabad Saturday, when the Election Commission (EC) is to scrutinise the nomination papers. The presidential elections are scheduled for Oct 6, and Musharraf and 42 other candidates, including a lawyers' nominee, have filed nomination papers.

The PML-Q chief said that lawyers should mind their own business instead of indulging in politics. He added that the government has alerted the law enforcing agencies against any agitation by the lawyers or the opposition parties.

"Let's make it clear ... no one will be allowed to take law in their hand. If they try to lay siege to any government installation, we will deal with an iron hand," warned Punjab Chief Minister Pervez Elahi told reporters.

A nine-member bench of the apex court, headed by Justice Rana Bhagwandas, by a majority decision Friday afternoon dismissed all petitions filed against Musharraf's candidature and his simultaneously holding two offices of the president and the army chief.

Lawyers and political activists present outside the court chanted slogans against Musharraf and the court. "Go, Musharraf go", "We want independent courts," the protesters shouted.

"Now our struggle will move to the streets from the courts," Supreme Court Bar Association President Munir A. Malik told reporters.

The lawyers have fielded former Supreme Court judge Wajihuddin Ahmed as their candidate in the race. And now they are set to challenge Musharraf's candidature in the EC.

"We have prepared our objections that would be presented to the Chief Election Commissioner (CEC) on Saturday," Malik told IANS.

Opposition parties too protested the apex court's decision. "This is highly disappointing and we reject this decision...We will challenge this decision and demand for a full court (hearing of the petition)," Jamaat-e-Islami deputy chief and MP Khurshid Ahmed told journalists after the decision.

Ahmed said the opposition parties would continue their struggle against military dictatorship shoulder-to-shoulder with lawyers. He added that they and other opposition parties would soon resign from the assemblies.

But Prime Minister Shaukat Aziz was quick to assert that the ruling coalition has the required numbers in the assemblies and Musharraf would have an easy win in the presidential poll.

"We have required number of legislators in parliament and President Musharraf will be elected in the coming elections," Aziz told reporters.

He said that the present assemblies would complete their term. "This will be for the first time in the history of Pakistan that assemblies will be completing their full five-year term and credit for this goes to President Musharraf," he said.

Aziz also said that talks were on between the Pakistan Peoples Party and the government, but refused to divulge any details.

Asked about threats by the opposition to resign from the assemblies before the presidential poll, he said it was entirely their decision. "We want them to continue until completion of the five-year term," he said.

- IANS

SC stays Muslim quota in Andhra Pradesh

New Delhi, Sep 28 (IANS) The Supreme Court Friday stayed further admissions in educational institutions in Andhra Pradesh against a newly-enacted state law granting four percent quota to Muslims students.

A bench, headed by Chief Justice K.G. Balakrishnan, stayed further admission in the state's professional colleges, while granting immunity to those Muslim students already admitted against the quota.

The stay comes two days before the last date, Sep 30, for admission into professional colleges in the state. The bench has adjourned the mater for further hearing to next Friday to examine the legality of having quota on the basis of religion.

The bench, which also included, Justices R.V. Raveendran and V.S. Sripurkar, stayed the admission while questioning not only the legality of religion-based quota but also on the government's methodology in determining backward classes among Muslim.

Senior counsel Harish Salve, appearing for the petitioner Murlidhar Rao, pointed out to the court that the Andhra Pradesh commission for backward classes was asked to determine who among the Muslims were backward rather than determine who were backward classes, irrespective of religion.

Salve also pointed out to the court that the commission left out 10 sects like Pathan, Irani, Sayed and Moughals and ruled that all other Muslims were backward.

Salve said that the sects among the Muslim community that were excluded from the backward classes list existed in the state in miniscule percentage. This left the bench wondering if the state commission had done its job properly.

Questioning the legality of the law, the bench observed that instead of giving an exclusive four percent reservation to Muslims, why can't the government include certain sects in the general backward community list and provide them general reservation as is being done in other states.

The apex court was hearing a petition by T. Murlidhar Rao, who had approached the court against the Andhra Pradesh High Court interim order that had refused to suspend the law earlier and permitted the admission process to go on, subject to its final judgement.

Rao contended that the high court judgement, which allowed temporary admission to Muslim students on the ordinance based on religion, would deprive the general category students of four percent of the seats in professional colleges.

Andhra Pradesh had promulgated the ordinance for four percent reservation to Muslim students on July 6, 2007, providing reservation to several sub sects within the Muslim community by treating them as Backward Classes.

Rao's petition contended that the government issued the ordinance even though a five-judge bench of the high court had earlier declared illegal a similar law by the state government, giving five percent reservation to Muslims.

He contended that the state government proclaimed the ordinance in July though the Supreme Court had earlier refused to stay the state high court's verdict, which declared as illegal five percent exclusive reservation for Muslims.

Supreme court stays sentencing of Mid Day journalists

New Delhi, Sep 28 (IANS) The Supreme Court Friday stayed the Delhi High Court order sentencing four employees of the tabloid Mid-Day to jail for publishing news reports about former chief justice Y.K. Sabharwal.

The apex court stayed the high court's Sep 21 ruling sentencing two journalists, a cartoonist and the publisher of the afternoon tabloid to four months imprisonment each for contempt of court following news reports suggesting that Justice Sabharwal, as the chief justice, had passed orders favouring his sons, who are close associates of mall developers, during the sealing of commercial property in the capital.

Those sentenced were the resident editor Vitusha Oberoi, city editor M.K. Tayal, publisher A.K. Akhtar and cartoonist Irfan.

PAN No. mandatory for TDS Returns

TAXPAYERS LIABLE TO TDS / TCS ARE ADVISED TO FURNISH THEIR CORRECT PAN WITH THEIR DEDUCTORS

Sept 26 : The government Tuesday said it will not accept tax returns for the quarter ending September 30 and thereafter if companies fail to provide PAN details of a majority of their employees.

As per the Press note, ll tax deductors / collectors are required to file the TDS / TCS returns in Form No.24Q (for tax deducted from salaries), Form No.26Q (for tax deducted from payments other than salaries) or Form No.27EQ (for tax collected at source).

These forms require details of all tax deductions with name and permanent account number (PAN) of parties from whom tax was deducted.

However, it has been observed that in most of the TDS / TCS returns, the PAN of the deductees is either missing or incorrect. As the requirement of filing TDS / TCS certificates has been done away with, the lack of PAN of deductees is creating difficulties in giving credit for the tax deducted and collected.

It has, therefore, been decided that TDS returns for salaries, i.e. Form No.24Q with less than 90% of PAN data, and TDS returns for payments other than salaries and TCS returns, i.e. Form No.26Q and Form No.27EQ respectively, with less than 70% of PAN data will not be accepted for the quarter ending on 30.9.2007 and thereafter.

Tax deductors and tax collectors are, therefore, advised to obtain correct PAN details of all deductees and quote the same in the TDS / TCS returns, failing which the TDS / TCS returns will not be accepted and all penal consequences under the Income Tax Act will follow.

Taxpayers liable to TDS / TCS are also advised to furnish their correct PAN with their deductors, failing which they will also face penal proceedings under the Income Tax Act.

For and from the quarter ending 30.9.2007, in addition to government offices and companies, filing of TDS / TCS returns in electronic form is mandatory for (i) deductor / collector required to get his accounts audited under section 44AB of the Income-tax Act in the immediately preceding financial year, and (ii) where the number of deductees’ / collectees’ records in a quarterly statement for any quarter of the immediately preceding financial year is equal to more than fifty. TDS / TCS returns in paper form will no longer be accepted from such tax deductors / collectors.

CBI raids publisher of book on RAW

New Delhi, Sep 22 (IANS) A day after searching the residence of Maj. Gen. (Retd) V.K. Singh, a former official of the country's external intelligence agency Research and Analysis Wing (RAW), the Central Bureau of Investigation (CBI) Saturday raided the publishers of his book revealing RAW's functioning.

"We are conducting raids on Manas Publications in Daryaganj area (central Delhi), which published Singh's book - 'India's External Intelligence - Secrets of RAW'," a CBI spokesman told IANS. Singh had revealed the working of the RAW and also questioned the leadership and accountability of the agency in his book.

Late Friday, CBI sleuths had swooped down on Singh's Palam Vihar residence in Gurgaon and seized his computer, diaries and passport after registering a case under the Official Secrets Act for the details revealed in his book.

Singh, a former army officer who worked with RAW between 2000-04, was also questioned for hours at his residence.

Sources said Singh was booked under the Official Secrets Act, following advice by the Cabinet Secretariat.

In his book, he had questioned the erstwhile Vajpayee government's decision to hand over the transcript of the telephonic conversation between Pervez Musharraf and his chief of staff, Lt. Gen. Mohammed Aziz, to then Pakistan prime minister Nawaz Sharif in June 1999.

After the tapes were made public, the Pakistani establishment got wind of the technology being used by the Indian intelligence to tap their internal communication and in no time the leak was plugged, eventually leading to information drying up, said Maj. Gen. Singh in his book.

In his book, Singh also wrote of the communication systems procured by the Special Protection Group for the prime minister from an American firm in 2001 and how the RAW leadership failed to carry out due diligence.

Singh also questioned the lack of parliamentary control over RAW's functioning and its financial autonomy.

Life sentence for Dara Singh, three others for killing priest

Bhubaneswar, Sep 22 (IANS) An Orissa court Saturday sentenced to life imprisonment Dara Singh and three others convicted for the murder of a Catholic priest.

They were sentenced by the Mayurbhanj district sessions sessions judge for murdering 35-year-old Catholic priest Father Arul Doss on Sep 1, 1999 at Jamubani.

Dara Singh is already serving life term for burning to death Australian missionary Graham Staines and his sons outside a church at Manoharpur village in Keonjhar district on Jan 22, 1999.

Others sentenced in the Doss case include Chema Ho, Raj Kishore Mahant and Jadunath Mahant, who along with Singh are presently in Baripada jail.

US says no banned list of Indians for visas

Washington, Sep 22 (IANS) The United States says there is no banned list of Indians for US visas but those coming to "engage in scientific or technological activity" from any part of the world may require "additional screening".

A state department official declined comment on Indian media reports that M.R. Srinivasan, a member of India's Atomic Energy Commission, and R Chidambaram, the principal scientific adviser to the prime minister, have faced problems in getting a US visaas due to continuing American sanctions against India for its 1998 nuclear tests.

"We don't comment on individual cases. They are confidential," Jennifer Viau, a spokesman for the department's South and Central Asian Affairs Bureau, said Friday.

However, "Under immigration policy travellers coming to the US to engage in certain scientific or technological activities require additional screening before being issued a visa," she said.

"This policy applies to applicants of all nationalities if they are travelling to the US to engage in certain scientific or technological activities," Viau added suggesting that it was not an India specific procedure.

Denying that Srinivasan and Chidambaram figured on a banned list of scientists for US visas as part of continuing American sanctions against India for its 1998 nuclear tests, she said, "We adjudicate visa cases only after an application is submitted. There is no banned list of Indians for US visas."

A report in The Telegraph had said that Srinivasan could not chair a scheduled meeting in Washington last week focussing on the India-US nuclear deal because the American embassy in New Delhi could not issue him a visa in time to travel to the US.

Similarly R Chidambaram, the principal scientific adviser to the prime minister, may face visa problems for coming to Washington for a meeting next week as he was on a banned list of Indians for US visas for an extended period for his direct role in the Pokhran tests in 1998, the report suggested.

In fiscal year 2006 ended Sep 30, 2006 as many as 437, 687 non-immigrant US visas were issued to Indian nationals. This is an increase over 378,039 visas issued in fiscal 2005, Viau said but was not aware of how many Indians were denied a visa.

US Assistant Secretary of State for South and Central Asia Richard Boucher has said that American diplomatic missions in India had "processed" a record 600,000 visas by August end this year.

SC admits plea against female foeticide

New Delhi, Sep 21 (IANS) The Supreme Court Friday admitted a petition seeking direction to the union health ministry to take foolproof and effective measures to curb the growing female foeticide in the country.

Admitting the petition by a social activist, Prabhakar Deshpande, the apex court bench headed by Chief Justice K.G. Balakrishnan tagged it for hearing with another similar petition.

In his petition, Deshpande contended before the bench, which also included Justices R.V. Raveendran and D.K. Jain, that on an average one million female foeticides take place in the country annually through illegal abortions and this was heavily skewing the gender ratio of the society.

Deshpande contended that female foeticide continues at an alarming rate because of the government's failure to effectively implement the Pre-Natal Diagnostic Test Act of 1994.

Contending that the government has neither the requisite manpower nor the necessary funds and infrastructure to implement the act, Deshpande sought the court's direction to the government to increase its manpower and hike funds for the purpose.

He also sought the court's direction to the government to limit the number of ultrasound machines in the country to a bare minimum, to be installed at only major government hospitals so that the machines could not be misused by unscrupulous doctors and health workers to determine the sex of an unborn child.

New law to give more teeth to company secretaries

Jaipur, Sep 19 (IANS) The Institute of Company Secretaries of India (ICSI) is hopeful that a new company law would give a bigger role to company secretaries as key managerial personnel.

Preeti Malhotra, President ICSI, said here Wednesday that ICSI was actively involved in the preparation of the J.J. Irani committee report on new company law, which would ensure that company secretaries were appointed as inspectors, operating either individually or in teams.

"The recommendation to identify company secretary as key managerial personnel along with CEO and CFO is in the interest of the sound development of the corporate sector in the context of globalisation of Indian economy," she said.

"We envisage that company administrator or liquidator may engage services of professionals including company secretaries to assist in discharge of his duties and functions," Malhotra said.

ICSI is organising its 35th national convention of company secretaries here Sep 20-22 on the theme "Excellence Through Business Value Addition".

Union Minister of Railways Lalu Prasad will inaugurate the convention, while Union Minister of Corporate Affairs Prem Chand Gupta will be the guest of honour.

India to impose severe penalties for human trafficking: minister

New Delhi, Sep 18 (IANS) India will impose "severe and exemplary" penalties on those indulging in human trafficking and launch a nationwide awareness campaign on the risks of illegal migration, Minister for Overseas Indian Affairs Vayalar Ravi said Tuesday.

Major amendments would be effected to the Emigration Act of 1983 to introduce a provision to prevent "human smuggling", Ravi said here.

"We are going to make the penalties for those who indulge in such crime severe and exemplary," he said while delivering the inaugural address at the consultation meeting of the National Media Coalition against trafficking.

Over 100 journalists from across the country, besides civil society activists and UN agencies participated in the meeting.

"In the next few weeks, we will launch a nationwide awareness campaign on the risks of illegal immigration," Ravi said, adding: "It must be remembered that illegal immigrants are most vulnerable to exploitation and abuse."

In this context, Ravi pointed out that his ministry's effort "has been to transform international migration into an efficient, transparent, orderly and humane process and at the same time to actively discourage and prevent illegal migration".

He also contended that a more equitable global development process will help combat the scourge of human trafficking and other associated trans-national crimes.

"We need to make globalisation and its benefits more inclusive. This simply means giving millions of people around the globe the hope that they have an opportunity to improve their quality of life," Ravi said.

"At the heart of the discourse on combating the scourge of human trafficking and other associated trans-national crimes is the need to make the global development process more equitable," he added.

Ravi noted that despite recent prospects of rapid economic growth in some of the highly populated developing countries, "the economic divergence between the rich and the poor countries is wider today than at any time in human history.

"Quite simply, we need to address the problem of a world profoundly divided between the haves and the have-nots. Indeed, those of us in government as also those in civil society must meet the challenge of inclusive development by which all people have access to a better quality of life - the challenge of the greater good of the greater numbers," the minister maintained.

Chief justice concerned over rising backlog of cases in the Supreme Court

New Delhi, Sep 18 (IANS) Chief Justice of India K.G. Balakrishnan Tuesday expressed concern over the rising backlog of cases in the Supreme Court.

"The one thing that concerns us is the rising backlog of cases here," said the chief justice, without elaborating.

He made the remark during an informal interaction with journalists. The chief justice had convened the meeting with scribes for a first hand appraisal of their day-to-day problems in covering the apex court proceedings.

The backlog of cases pending in the apex court has been exhibiting a rising trend since 1998, when it had touched an all-time low.

The official data from the Department of Justice reveals that the total number of cases pending in the apex court had come down to 19,806 in 1998 from a whopping 104,936 in 1991. But at the beginning of 2006, the number had risen to around 29,000.

The apex court's quarterly monthly statement on its arrears of cases put the figure of pending cases at 41,581 at the end of March 2007 and 43,580 at the end of July 2007.

Chief Justice Balakrishnan, however, told reporters that he would shortly be taking steps to fill the vacancy of judges in the apex court.

The Supreme Court at present has the vacancy for four judges, while six more judges are slated to retire by November 2008.

Filling the judicial vacancies takes time, owing to which four vacancies of the apex court have been continuing for the last one year, despite the appointment of at least three judges this year alone to fill the three other vacancies that arose owing to the retirement of three judges in the intervening period.

The chief justice also mooted the idea of a short, one-week training for journalists covering the apex court at the National Judicial Academy in Bhopal to help enhance their professional skills.

Government invites SC ire over overstaying officials

New Delhi, Sep 18 (IANS) The central government came in for a rebuke from the Supreme Court Tuesday over its lackadaisical approach on the issue of evicting senior government officials and politicians overstaying in official accommodations.

A bench of Justices B.N. Agrawal and D.K. Jain expressed open ire when the government's counsel, including Additional Solicitor General Amrendra Saran, betrayed signs of confusion and ignorance over the court's last order on July 24 on the issue.

The bench had slated Sep 18 to examine the criminal culpability of government officials and politicians who were overstaying, while it had fixed Sep 19 to examine the matter of recovering penal rents from them.

In its July 24 order as well as later, the bench had repeatedly asked the government to prosecute the erring officials and politicians for the offence of trespassing under section 441 of the Indian Penal code.

The bench had also sought the government's stand on amending the IPC to make the offense of trespassing a non-bailable and cognizable one.

The bench got angry when Saran said that he was told by his subordinates that the matter would come up for hearing on Sep 19.

"That implies that you don't even read the court's order. That shows your seriousness over the issue," the bench fumed.

The court bluntly told the law officer that even if the matter was listed for Sep 19, the government was yet to file its affidavit.

"When will you file the affidavit and when will we read it," the bench asked.

As the bench demanded the list of people overstaying in government bungalows, the law officer was again not able to respond to the demand immediately, which infuriated the bench even more.

"How many politicians have you got evicted in Delhi. You only evict peons and clerks, but don't have the guts to touch politicians or senior government officials," said the bench.

"And whatever you do, you do it only on the strength of court orders. You don't do anything on your own," the bench lamented.

Govt to refund service tax paid by exporters on transport services

Government has decided to refund service tax paid by exporters on four taxable services, which are not in the nature of “input services” but could be linked to export goods. A Notification No. 40/2007-ST issued here today by Central Board of Excise and Customs, Ministry of Finance covers under this, the following four services:-

(i) Port Services provided for export. (Section 65[105][zn] of the Finance Act, 1994)

(ii) Other port Services provide for export. (Section 65[105][zzl])

(iii) Services of transport of goods by road from ICD to port of export provided by Goods Transport Agency. (Section 65[105][zzp])

(iv) Services of transport of export goods in containers by rail from ICD to port of export. (Section 65[105][zzzp])

Service tax paid by exporters on input services used for export goods is refunded under the existing schemes. Drawback scheme also factored service tax paid on input services used for export goods.

The issue of extending refund of service tax paid on taxable services, which are not “input service” but could be attributable to export goods was examined. Unlike goods, Services are intangible in nature. Hence, post audit verification to establish linkage of use of service with export requires a simple and verifiable method. Government held discussion with the stake-holders and identified the above mentioned taxable services for which refund could be provided wherever use of the said taxable services could be linked to exports.



- PIB Press Release

Child cannot be compelled to disclose caste: SC

New Delhi, Sep 17 (IANS) The Supreme Court Monday observed that no school in the country can compel a child to disclose his caste at the time of admission.

A bench headed by Chief Justice K.G. Balakrishnan made the observation, saying the disclosure of one's caste could only be optional and not mandatory.

The bench dismissed a plea by an 81-year-old Gandhian from Tamil Nadu, Salemvelu Gandhi alias Velu, while yet terming the petition as having "laudable objectives".

The Gandhian had sought the court's direction to schools against seeking information about a child's caste at the time of admission, and pleaded this perpetuated casteism in the society.

The court said it was constrained to dismiss the petition owing to the practical difficulties in issuing the directions as several castes, including the Schedule Castes and Tribes and the Other Backward Classes, depend on the caste certificate issued by schools to avail the benefits of various affirmative actions of the state.

The bench said it cannot pass any direction on the issue as it would create problems for those who want to avail free scholarships and other benefits.

Delhi HC wants guidelines on sting operations

New Delhi, Sep 12 (IANS) Asking the government to formulate policies to restrain TV channels from carrying out vindictive sting operations in the aftermath of the framing of a schoolteacher here, the Delhi High Court Wednesday wanted to know the fate of the Broadcast Bill to regulate the channels.

The court asked, "There have been discussions regarding the bill. The (information and broadcasting) minister has said that the government is bringing the bill. What has come out of it so far?"

A division bench headed by Chief Justice M.K. Sarma directed the information and broadcasting ministry to file its reply by Monday.

The court made a reference to the recent "sting operation" carried out by a private TV news channel purportedly showing government schoolteacher Uma Khurana as running a prostitution racket, though soon the police found it was a fake report.

The court said, "If the sting is concocted, it is your responsibility to take action. Some kind of restriction has to be there. It is not about an individual case but about broader policy."

The direction came in response to a public interest litigation (PIL) filed by social worker Rahul Verma that cited the case of Khurana.

The telecast of the 'sting operation' by Live India last month triggered mob violence in and around the school in central Delhi where Khurana taught mathematics. She was soon arrested and sacked from the job. However, Khurana was released on bail Monday as no evidence was found against her.

With the broadcasters opposing the ministry's proposal in the bill to regulate news and current affairs content, the controversial Broadcast Bill, which was to be tabled in the monsoon session of parliament, has been shelved for the time being.

As the monsoon session of parliament came to an end this week, there is no chance of the Broadcast Bill becoming a law soon.

Live India TV reporter held for fake TV sting on Uma Khurana

New Delhi, Sep 7 (IANS) The Delhi Police Friday arrested the reporter of the television news channel in connection with a fake sting operation, showing a mathematics teacher allegedly forcing schoolgirls into prostitution.

"We have arrested Prakash Singh, reporter of Live India channel, for carrying out a fake sting operation, which showed that Uma Khurana, mathematics teacher of Sarvodaya Kanya Vidyalaya, was forcing her students into prostitution," a senior police official told IANS.

"We are currently interrogating him and it seems that he conducted the sting to ensnare Khurana, who had some financial disputes with his friend Virender Arora," the official added.

The official said that Prakash Singh also hired Rashmi Singh, a freelance journalist who writes for a Hindi newspaper, to act as victim in the sting operation. She was reportedly part of the conspiracy to frame Khurana.

Police had arrested Rashmi Singh late Thursday. She has been charged with cheating, fabrication of evidence and criminal conspiracy and was produced in court Friday afternoon.

Khurana was arrested last week after the channel telecast the sting operation purportedly showing that she was running a syndicate making pornographic films, featuring her present and former students.

Delhi HC rejects Escorts plea against eviction notice

New Delhi, Sep 4 (IANS) The Delhi High Court has rejected the Escorts hospital's plea against the eviction notice it had been served for not providing treatment to the poor as part of the agreement for lease of public land.

While dismissing the application of the Escorts Heart Institute and Research Centre (EHIRC), a division bench headed by Chief Justice M.K. Sarma Monday said Delhi Development Authority (DDA), the land allotting authority, was justified in issuing the eviction notice as the hospital management was not adhering to the clauses in the agreement.

DDA's estate officer had issued a show-cause notice to the hospital for eviction, saying it had violated the terms and conditions of the lease deed that specified 20 percent free treatment for the poor.

In its application, the hospital contended that instead of conducting proceedings under the Public Premises Act ('eviction and unauthorised occupants'), the DDA should have filed a civil suit for taking back the possession of the land.

Counsel Sanjeev Puri appearing for the Escorts, now run by Fortis Healthcare Ltd promoted by the Ranbaxy group, argued that the land was never given on lease by DDA to the hospital and the estate officer had no right to issue the eviction notice.

DDA's counsel Ajay Verma argued that Fortis, a commercial hospital chain, had purchased EHIRC last year and the group was not entitled to avail of the government land, which was allotted at a concessionary rate.

On Oct 6, 2005, the DDA had asked EHIRC to evict from the 6.9-acre land as hospital authorities allegedly were not providing free beds to a required number of poor patients and transferred the hospital to Fortis for Rs.6.50 billion.

The land was allotted at a concessional rate to the Escorts Group led by late H.P. Nanda for establishing a charitable hospital and the hospital authorities were not supposed to transfer the ownership of the land to a third party.

EHIRC was established as a society in 1981 under the Societies Registration Act, 1860.

Between April 8, 1982 and June 14, 1996, DDA under the urban development ministry had allotted the land to EHIRC for setting up the multi-speciality high-tech hospital.

However, Escorts chief Rajan Nanda established another stock company at Chandigarh and amalgamated EHIRC with it on April 1, 2000. The amalgamated society was registered as a limited company on June 30, 2000 before it was sold to Fortis.

The main petition is pending adjudication before a single bench in the Delhi High Court.

The court had directed Nanda to maintain status quo and not to transfer its ownership till the matter was decided.

"There is prima facie evidence that some alleged violation has been perpetuated in the deal," the judge had earlier said in an order.

Nanda's estranged brother Anil Nanda in a petition alleged that the hospital was being sold violating all rules and regulations as it was established as a charitable institute.

"Late H.P. Nanda, the founder of Escorts Group of Companies, had conceived the idea of setting up a charitable institute of world fame to help the weaker sections of society and to create a medical infrastructure for the citizens of India. It is with this vision that EHIRC-Delhi was formed as a charitable society," said the petition.