ISI Trained Jihadis waiting to unleash terror in India'

ISI Trained Jihadis waiting to unleash terror in India'



(LeT) terror suspect David Coleman Headley, who is presently in US custody, has made some startling revelations that has implicated Pakistan's spy agency -- ISI. The terror suspect has alleged that the ISI is planning to carry out terror attacks in India and has put together a team of Indian Jihadis in Karachi for the same. As reported by Times Now.

The plot has been named “Karachi project”, details of which Headley has shared with FBI sleuths. According to sources, Headley has told the FBI that Indian nationals are being regularly trained for terror activities both by the ISI and the LeT. Once trained, these Indian jihadis are sent back to India for “terror projects” from time to time.

HuJI’s Khwaja, who was arrested by the Chennai police following his return from Saudi Arabia on a Pakistani passport, too has told investigators that the ISI-LeT Karachi project was a reality. According to sources, Khwaja has revealed that Karachi had a huge number of highly-indoctrinated jihadi Indian nationals.

Khwaja is also believed to have revealed that he met alleged Indian Mujahideen terrorists Amir Raza Khan and Riyaz Bhatkal in Karachi, both of whom are staying in Karachi’s Defence Enclave, probably under the ISI protection.

The National Investigation Agency (NIA) has also been able to unearth significant details about Headley's movements in Pakistan through his email correspondence.

The FBI had arrested Headley in Chicago in October last year. He is accused of conducting a recce of Mumbai and several other Indian cities on behalf of Pakistan-based terror group Lashkar-e-Toiba (LeT) for the 26/11 attacks.

CJI squashes regional SC benches recommendation

CJI squashes regional SC benches recommendation

New Delhi, Equating what the law states Commission’s recommendation for establishing of regional Supreme Court Benches to the 'disintegration' of the apex court, the Chief Justice of India (CJI) KG Balakrishnan rejected the proposal.As reported by One India News.

I'm not the disintegration of the Supreme Court. Personally i think the Supreme Court can not be in any other part of India. This really is the highest court belonging to the land. It is in the capital city belonging to the land,” he said

It is a final court and we should maintain the integrity of the Supreme Court.” he added

Haldiram owner gets life term for murder attempt

Haldiram owner gets life term for murder attempt

A Fast Track Court in Kolkata on Friday (January 29) has sentenced Haldiram Bhujiawala owner Prabhu Shankar Agarwal and four others to life imprisonment. Agarwal is who owns the famous Haldiram confectionary. Three days ago Agarwal and four others had been convicted in an attempt to murder case. They were convicted for shooting at a man while he was asleep in the Burrabazar area in 2005. As stated by Times Now

Agarwal based on the charges had wished to remove a tea stall blocking the entrance of a large Haldiram confectionary shop that Agarwal was about to inaugurate within the area. However the owner Satryanarayan refused to budge. Agarwal then hired Gopal Tiwari to kill Satyanarayan Thakur. But, a drunken Tiwari instead shot Thakur’s nephew Pramod on March 30, 2005. Pramod was shot from close range, but was hit in the leg and, hence, survived.

After goofing up, Tiwari left town. He was arrested in Hyderabad in May. He revealed the conspiracy, resulting in the arrest of Agarwal. The duo had planned to eliminate Thakur over a series of meetings, most of which taken place in Agarwal’s residence. Evidence of their links was gathered by checking cell phone records. Police learnt that Agarwal planned to make Tiwari his business partner by allowing him to develop some properties in Kolkata where the latter is a notorious character with several murder cases against his name.

DUPLICATION OF BLANK CDS May be TERMED AS MANUFACTURE SC, Taxation

DUPLICATION OF BLANK CDS May be TERMED AS MANUFACTURE SC, Taxation

The Supreme Court of India has ruled in favour of Oracle's Indian unit, saying that duplication of CDs of software produced elsewhere is really a manufacturing process. As reported by ChiefOfficers.Net

Adjudicating on the interpretation of The Income Tax Act, s80-1A, the Court found that duplication of disks from a master copy may be a manufacturing activity , although the software were developed elsewhere.

Oracle India pays Oracle US a fixed price for software which it then reproduces, packages and sells, paying an additional royalty to Oracle US on each sale.

The Indian tax authorities saw the risk of improper transfer pricing, royalty was paid on the full retail price even though the software was nearly always sold at a discount; the 30% royalty was therefore often significantly 30% from the actual price obtained in India. The Revenue Department saw this in order of expatriating profits, saying that the actual work completed in India, upon which value added is calculated, was minimal.

The previous law on point the duplication of audio tapes and said that of writing tape doesn't change its substance and is therefore not manufacturing.

The Supreme Court has seemingly reversed that decision.

But there's a major difference: when data is written to an audio tape, the tape may be re-utilized by over-writing the data; but withmost software CDs, they're WORM (write once, read many) disks and their content can't be altered nor the disks re-used.

In the case, Oracle India is granted a tax holiday.

AG opposes go on to set up four SCs

AG opposes go on to set up four SCs

NEW DELHI: Attorney General G E Vahanvati has strongly opposed Law Commission's radical recommendation for setting up of a Constitutional Court in Delhi and four Supreme Courts in the metros primarily to ease present litigational pressure on the SC. As reported by The Times of India

The legislative department from the law ministry had sought the superior law officer's opinion after Chief Justice of India K G Balakrishnan endorsed the Commission's five-month-old recommendation.

Holding the present character of the Supreme Court as an intrinsic reflection of the core values with the federal structure of the country, Vahanvati has faulted the Commission's proposal on grounds of practicality and said that it strikes at the roots of the Constitution.

He said the Supreme Court in the national capital with judges utilized by all corners from the country representing various communities and sections of the society is a great symbol of unity, and that any dilution of its authority could create an anomalous situation.

"The Attorney General is against any dilution with the stature of the Supreme Court in its present form," said legislative secretary Bhupinder Prasad.

The AG termed the Commission's recommendation as completely unworkable and was even critical of the legislative mode suggested by it for the creation of a Constitutional Court. He said nothing less than an amendment to the Constitution could assist in developing a Constitutional Court since the concept was totally new in relation to the judiciary, one of the three branches of governance.

Article 130 from the Constitution provides that "The Supreme Court shall sit in Delhi or in such other place or places, since the Chief Justice of India may, with the approval of the President from time to time, appoint." The AG in his opinion has virtually supported the consistent stand of the full court of the apex court to not have its Bench any place in India.

Child Prostitution, India becoming a Hub observes SC

Child Prostitution, India becoming a Hub observes SC

New Delhi

India is "becoming a hub" for largescale child prostitution rackets, the Supreme Court said today and suggested the establishing of a special investigating agency to tackle the menace. As reported by Press Trust Of India.

A bench of Justices Dalveer Bhandari along with A K Patnaik asked Solicitor General Gopal Subramaniam to examine the concept of setting up a special investigating agency to combat child prostitution rackets and assured that courts would deny bail to those who engage children in commercial sex.

"It's happening as a result of abject poverty in the country.

This can be also because of the very high and largescale unemployment. All our cultural ethos are going down the drain.

India is growing a hub of such activities," the apex court said while going through a PIL filed by an NGO Bachapan Bachao Andolan.

Mysterious African Woman Surfaces in Headley Case

Mysterious African Woman Surfaces in Headley Case

While both the women who were frequently spotted with David Headley during his nine visits to India — a 30-year-old Moroccan and 28-year-old Mumbai hotel employee — have since been identified, Indian agencies continue to be looking to trace an African national been described like a “close associate” belonging to the Lashkar-e-Toiba operative. As reported by Express Indian.

The identity of the African, remains a vital missing link in the probe which, by now, has involved questioning scores of individuals across the country and scrutiny of countless telephone numbers, call details and emails.

While a mention belonging to the mysterious African associate came after questioning a Headley contact, the link resurfaced once text messages sent by Rahul Bhatt to Headley — through the phone left behind inside the suitcase — were scrutinized. One SMS sent by Bhatt mentions “a born-again ni...r (derogatory reference Black)

Mumbai Forest Land get SC nod

Mumbai Forest Land get SC nod

Mumbai: The long disputed issue of construction on forest land in Mumbai finally seems near to a resolution after a recent Supreme Court ruling. outcome might not bode well for the already fragile environment of the city. As reported by IBN7.

Couple of years after silence descended inside illegal construction sites in Mumbai, a Supreme Court order could now restart the job.

The projects declared illegal in 2006, as they were situated on forest land.

But the apex court now says work can go on if the Environment Ministry clears it.

Developers are a happy lot however the court order has come like a blow to green activists like Debi Goenka.

Goenka was one of several original petitioners who fought to conserve the city's dwindling forest cover.

There are approximately 150 such projects being constructed on 200 acres of forest land.

In 2001, Goenka's Bombay Environment Action group approached the Bombay High Court saying the state government wasn't acting against developers building illegally on forest land.

After five long years, in 2006, the BMC ordered the constructions stopped.

"These buildings are essentially illegal, they've got no permits. They go against the original SC ruling," says Goenka.

It's not only} the environmentalists anxious. Also keeping their fingers crossed are people like Saji Mathews whose dream homes were to be built on the plots.

"We just learnt about this through the papers. The builders haven't told us anything," says Mathews, who booked a flat here five years ago.

Now Matthews is hoping he can take possession of his new home soon.

Ex Punjab Governor Rodrigues role in land scam, CBI to probe

Ex Punjab Governor Rodrigues role in land scam, CBI to probe

Chandigarh: The Central Bureau of Investigation (CBI) on Thursday registered two separate preliminary enquiries into former Punjab governor and former Indian Army chief General SF Rodrigues' involvement in a land scam.As stated by CNN-IBN

CBI took up the matter responding to an expose done by CNN-IBN in October 2009 that showed how the governor was unjustly awarding mega projects to a few builders.

The 2 main projects being investigated with the Anti corruption branch belonging to the CBI are the Theme-cum-Amusement Park as well as the Film City Project.

An enquiry occured by the Central Vigilance Commission in December 2008 that had brought the irregularities to light.

The Theme-cum-Amusement Park was conceptualized using a 73.65 acre land in Sarang-purand village and awarded to Unitech Ltd through the Chandigarh administration without approvals, while the Film City Project on an adjacent plot was awarded to Parasavnath Developers at an abysmally low cost.

A Home Ministry internal audit reports added fuel to the fire saying there have been several other cases of land allotment to top builders at abysmally low prices.

Both the Congress and BJP were demanding action in the cases.

CNN-IBN has details belonging to the internal audit report belonging to the Home Ministry that opened a can of worms.

Based on the report land for five-star hotel was given to a builder who didn't even deposit the earnest money

The Home Ministry report also questioned why a steep reduction of fees was presented with for campus sites of IT companies inside an IT Park.

The allotments created for IT companies are instead being used for retail business, car manufacturers and life insurance companies.

Among the country's top builders, headquartered in Delhi, was given land at a throwaway price within the Rajiv Gandhi Chandigarh Technology Park

The sum of loss incurred by the Chandigarh administration as a result of reduced prices is over Rs 150 crore

The Home Ministry audit report even questioned the land acquisition in the Phase 3 of the Rajiv Gandhi Chandigarh Technology Park.

Based on the report land was allotted to a company in the Special Economic Zone although the company had not applied for it.

Land was allotted to yet another company that did not even deposit processing fees for application

No IT professionals were allotted flat in the IT habitat project called Pride Asia.

Originally, only 10 per cent of these flats were reserved for IT professionals

A month after CNN-IBN reported the scam in October 2009, the government scrapped the deals. All deals worth about Rs 3,000 to 4,000 crore came under the CBI scanner after the scam.

Haldiram owner convicted for Conspiring to Murder

Haldiram owner convicted for Conspiring to Murder
Kolkata:
Prabhu Shankar Agarwal, the owner of Haldiram, along with four others, was convicted by the Sessions Court here on Wednesday for conspiring to murder a tea stall owner in the Burrabazar area of central Kolkata in 2005. As reported by Indian Express.

All the accused were convicted for conspiracy, illegal possession of arms, and an attempt to murder Pramod Sharma, the tea stall owner.

Tapan Sen, Additional Sessions Judge, in his verdict, held Agarwal guilty of criminal conspiracy and attempt to murder. The court will deliver the punishment orders on January 29. A total of 41 witnesses deposed before the court.

Agarwal, who was present in the courtroom when the judgment was delivered, was taken into police custody and later sent to Alipore Central Jail. After hearing the judgment, he stood silent for a few minutes before sitting down on a chair, appearing almost shattered, said the public prosecutor

SC Come down hard on Kidnappers, give Death.

SC Come down hard on Kidnappers, give Death.

New Delhi: The Supreme Court has given the utmost penalty-- death to kidnappers and murderers of a young boy. As stated by IBN7.

The incident had occurred in Hoshiarpur in Punjab and also the Apex Court says the crime deserves the harshest possible sentence.

Taking a strong note of the recent rise in kidnapping the court said: Kidnapping for ransom has become a lucrative and thriving industry all over the country and it must be sorted out in the harshest possible way. The obligation to get rid of this falls on the courts also and so they must help.

A class nine student, Abhi Verma was kidnapped from Hoshiyarpur when he was on his route to school in 2005 . A ransom demand of Rs 50 lakhs was made. However, Abhi was subsequently murdered by the kidnappers for the fear of being identified.

The Supreme Court is looking at murder after kidnapping since the rarest of rare cases and want to send out an extremely strong signal to prevent such killings in future.

1984 Indian Airlines hijacker deported, CBI takes custody

1984 Indian Airlines hijacker deported, CBI takes custody

NEW DELHI: Forty-six-year-old Sikh militant Parminder Singh Saini, who had masterminded the hijack of an Indian Airlines plane to Pakistan in 1984, arrived at the IGI Airport on Wednesday after deportation from Canada. He was escorted by officials with the Canadian Border Security Agency, India's National Investigation Authority as well as the Central Bureau of Investigation. He can be slapped with fresh charges from the government. As reported through The Times Of India.

Saini, in addition to his four accomplices who claimed to be members belonging to the All India Sikh Students Federation, hijacked an Indian Airlines Srinagar-New Delhi flight with 260 passengers on board to Lahore in Pakistan on July 5, 1984. The five terrorists fired inside the cockpit and kept passengers hostage for nearly 15 hours demanding that the Indian government release some jailed Khalistani terrorists. They, however, surrendered after Pakistani security forces stormed the aircraft.

Saini was sentenced to death by a Lahore court however it was commuted to life sentence in 1988. "He was released in 1994 and was asked to leave Pakistan.In 1995, Saini managed to enter Canada illegally under the BalbirSingh using a fake Afghan passport reportedly arranged in Pakistan. He was caught by Canadian authorities nine months later," said an NIA official.

Saini fought his own case in Canada against deportation arguing that he deserved an opportunity to live a normal life. But his application was rejected.

Mayawati’s Statues, Supreme court verdict ready

Mayawati’s Statues, Supreme court verdict ready

The Supreme Court on Wednesday said it will pass an order on Thursday on the row relating to construction of various memorials and statues of Dalit icons by Mayawati government in Lucknow. It would also pass an order on contempt proceedings against the Uttar Pradesh chief secretary in connection with the row. As Reported by India Today

A bench of Justices H S Bedi and A K Patnaik also asked the UP government to file an affidavit on maintenance works it proposed to undertake at the site though no further construction activities would be permitted at the site until the state High Court decides on the issue.

The apex court said it would ask the Allahabad High Court to consider on a bunch of petitions filed by NGO Gomti Nagar Kalyan Sanstha and other individuals challenging Mayawati government's decision on the making of the memorials.

The two-judge bench decided to pass the orders after hearing at length for the past one week the arguments put forward by the rival sides.

While the UP government had insisted that it had every right to construct the memorials, the petitioners opposed the same on the ground that public money can't be squandered to pander towards the political interests of ruling BSP.

Sukna Land scam, Army chief's Aide to face court-martial

NEW DELHI: A top-notch military official, Lt Gen Awadesh Prakash, allegedly linked to the Sukna land scam faces court martial with the defence minister A K Antony asking army chief General Deepak Kapoor to initiate disciplinary action against the officer.As reported by The Times Of India.

"The defence minister has advised the army chief to initiate disciplinary action against Lt Gen Prakash (Military Secretary within the army)," highly-placed defence ministry sources said today.

Disciplinary action can result in a court martial against Lt Gen Prakash, in the dock inside scam together with two other Lieutenant Generals and also a} Major General.

The army chief had earlier ordered administrative action against Gen Prakash wherein the court martial wasn't a requirement. Prakash was issued a show-cause notice to which he has replied.

Lt Gen Prakash, considered close to the army chief, will be} retiring on January 31.

Eastern Army Commander Lt Gen V K Singh, the army chief designate, had recommended tough action against Lt Gen Prakash and other accused officials within the} basis of a Court of Inquiry which indicted them for issuing a no-objection certificate (NOC) on sale of a 71-acre land adjacent to Sukna military station in West Bengal's Darjeeling.

HC upset, Haryana govt fails to file reply in Ruchika case

HC upset, Haryana govt fails to file reply in Ruchika case

CHANDIGARH: The Punjab and Haryana High Court on Wednesday expressed its displeasure as the Haryana government failed to file its reply in time in connection with a public suit filed by a human rights activist in the molestation case of teenager Ruchika Girhotra. As reported by The Times Of India.

In the public interest litigation (PIL) filed Dec 29, Ranjan Lakhanpal, who is also a senior lawyer, had sought that former Haryana police chief S.P.S. Rathore be charged under Section 305 (abetment of suicide of a minor) of the Indian Penal Code (IPC) since he allegedly drove teenager Ruchika to suicide in 1993.

Rathore was convicted Dec 21 by a CBI special court here for molesting budding tennis player Ruchika Aug 12, 1990, in Haryana's Panchkula town, 10 km from here. He was awarded a six-month jail term but he was immediately granted bail.

During the last hearing Jan 7, the court had issued notices to the Haryana government and the Central Bureau of Investigation (CBI) and told them to submit their reply on Lakhanpal's petition in 10 days.

However, the Haryana government's lawyer sought two months' time from the court Wednesday to submit their reply.

On this, the high court bench consisting of Chief Justice Mukul Mudgal and Justice Jasbir Singh pulled up the state government and expressed displeasure.

The matter will be heard by the high court Feb 4.

The CBI filed its reply in connection with this PIL.

"In our reply we have given a detailed account of the CBI's investigation so far. Like we said, the CBI registered the case in 2000 and then we also mentioned about the court's proceedings and our probe in our reply," Ajay Kaushik, said the CBI's lawyer.

Abha Rathore, counsel and wife of the former Haryana police chief, also filed an application in the same court Wednesday, appealing to settle this PIL before Feb 8 as the hearing challenging Rathore's six-month punishment is scheduled in a local court here on the same day.

Judiciary is not responsible to control the Prices, SC

Judiciary is not responsible to control the Prices, SC

The Supreme Court has said controlling the prices of essential commodities in the country was not the job of the judiciary. As stated by Indlaw news.com

A bench comprising Chief Justice K G Balakrishnan, Justices Deepak Verma and B S Chauhan made the remarks over the hearing of a PIL seeking directions towards the Centre and UP government to create immediate arrangements for lifting 11 lakh tonnes of imported raw sugar, lying at Kandla Port in Gujarat, and send it to the sugar mills to help it fit for human consumption.

The petition was filed by Homemakers Front, an organisation of housewives blaming The Union government for all round increase in the prices of essential commodities. Alleged that UP government was creating problems the imported sugar doesn't reach sugar mills.

The apex Court advised D K Garg, counsel to make the petitioner, to approach the Gujarat High Court for appropriate relief but when Mr Garg didn't agree the apex Court dismissed the petition

SC decision is welcomed by EPSI

SC decision is welcomed by EPSI

The Education Promotion Society for India (EPSI) has welcomed the Supreme Court’s decision to maintain status quo on the 44 deemed universities facing de-recognition for While the court’s ruling is welcomed by various Deemed Universities, EPSI plans to submit a letter to Prime Minister Manmohan Singh in this regard. As reported by Business Standard.


On Monday, the Supreme Court assured the aggrieved universities that no adverse order will be passed without hearing them, as the issue not only involved several institutions but also the fate of thousands of affected students.


The Court directed the government to submit the report from the Review Committee and also the task force, according to which the human resource development ministry had decided to derecognise these universities within two weeks and meanwhile maintain status quo as on today.

DCGI to move Supreme Court on CoPP issue

DCGI to move Supreme Court on CoPP issue

The ongoing battle between the Drug Controller General of India (DCGI) and the industry over the issuance of CoPP is poised to take a turn for the worse as the DCGI is contemplating to move Supreme Court to find an early solution to the issue. Presently, four stay orders on the CoPP issue are pending in the Karnataka and Madras High Courts for several months. The Madras High Court had on January 18 adjourned the matter for the seventh time to January 28. As reported by PHARMA BIZ.com.

According to sources, Union health minister Ghulam Nabi Azad, who is also annoyed over the inordinate delay in finding an early solution to the issue, has given his in-principle approval to move Supreme Court. Once the official procedures are completed, the DCGI office will move the Supreme Court seeking early solution to the issue, which has been pending since October 13 last year when the Madras High Court granted stay on the DCGI order on CoPP. As per the DCGI order issued on September 1 last year, the DCGI wanted to centralise the issuance of CoPP from October 1, 2009 which was until then issued by the state drug controllers.
The DCGI move in this regard comes in the wake of the thinking in the union health ministry that the CoPP issue should not go the FDC issue way as even after several years, the FDC issue is still pending in the Madras High Court for a final decision. For the early vacation of the stay orders on CoPP, the DCGI office had submitted a foolproof document to the court, plugging all legal loopholes. Even though the stay orders were granted for a period of 8 weeks, the DCGI office wanted to vacate the stay much before that. But, even after all his efforts, the court kept on adjourned the matter prompting the health ministry to move Supreme Court.

Apart from getting an early solution, another reason for moving the Supreme Court is that once the issue reaches the Supreme Court, all the cases related to the issue pending in other High Courts can be transferred to the Supreme Court so that the DCGI office does not have to attend the cases in different High Courts which the DCGI office finds very cumbersome. Presently, three stay orders on the issue are pending in Madras High Court and one stay order is pending in the Karnataka High Court.

Even as the industry and the DCGI have locked horns on the issue, both have their own justifications to support their views.

DCGI Dr Surinder Singh was on record saying that his action on centralisation of CoPP was aimed at strengthening the regulatory framework in India to instil confidence among the world trading community to give a boost to the offshore commerce. He had said that the country's reputation was at stake due to the multiple authorities in issuing the COPP which is an important document as far as international commerce is concerned. His action was also based on a WHO letter in which the world health body has found fault with the way the COPP was issued in India.

Meanwhile, the industry is opposing the move on the apprehension that there will be avoidable delays in issuing the certificate. Its apprehension stems from the fact that the DCGI office does not have the infrastructure to dispose of the application for WHO-GMP certificates expeditiously.

Deemed university status requests put on hold,SC

Deemed university status requests put on hold,SC

New Delhi: The Supreme Court on Monday stopped the Central Government from divesting 44 universities of their special "deemed university" status. As stated by IB7 News. Read Govt. of India to de-recognise Forty Four Deemed Universities

On a plea by several universities dons flocking to the court with the plea that the Government move would create havoc and panic among the students. A bench of Justice Dalveer Bhandari and Justice AK Patnaik ordered status quo on the special grading of the 44 deemed university.

Justice Bhandari assured "Nothing will happen to your institutions and your students till we dispose the matter," as various senior counsel, representing various deemed universities, opposed the government's move to derecognise them.The bench also issued notices to each of the 44 deemed universities separately to have their say on the issue and adjourn the matter for next hearing on March 8.

Questioning the Government's generous stance in according deemed university status to increasing numbers of educational institutions, which allegedly have been doubling up as educational shops, as the bench gave the order while hearing a public interest lawsuit by an advocate Viplav Sharma.

As the bench began the hearing, Attorney General Goolam E Vahanvati, appearing for the Central Government sought two weeks' time to file a comprehensive affidavit on behalf of the government, detailing the procedures that it proposes to adopt for derecognising various deemed universities, lacking proper academic performance and poor infrastructure.

Vahanvati also told the court that the Government was fully conscious of the uncertainties that the students studying in these universities may face and accordingly, the affidavit would detail the government's "well considered steps" to ensure that the students are not disturbed.

But the very submission of the government's top law officer made nearly half a dozen high profile senior counsel, including Fali S. Nariman, K. Parasaran, Rajeev Dhawan, Ranjit Kumar, Ayan Sundram and Dushyant Dave see red over the government's proposed move against the education shops.

They charged that the Government was taking action on the basis of a panel, Tandon Committee, which does not even have a statutory backing and wanted the court to examine if the government's proposed action was legal.

The governments' move would create havoc in the academic world and create panic among students, they claimed.

After they got the deemed university status after due inspection by the University Grants Commission.some of the senior counsel contended their clients' universities were being derecognised within months.

Political Parties Come Together To Support SC On Voter ID for Burqa Clad Women

Political Parties Come Together To Support SC On Voter ID for Burqa Clad Women

NEW DELHI: Burying their differences, political parties came together on Saturday to back the Supreme Court on the issue of voter identity cards for Muslim women by pointing out that the photo ID was an instrument of empowering them.As reported by The Times Of India.

The photo identity card is the basic symbol of empowerment for any citizen in a democracy; how can anybody deprive the Muslim women of that right?" Congress spokesman Shakil Ahmed asked.

He pointed out that while going to Saudi Arabia for Haj, Muslim women were photographed for passports. "No Islamic country has sought a ban on such a requirement," he said.

Echoing his views, BJP vice-president Mukhtar Abbas Naqvi said there was a need to strongly oppose the `fanatic views' putting hurdles in the way of issuing voter identity cards to Muslim women. "There is no need to weaken the democratisation process," he said.

CPI leader D Raja said that the opposition to photo IDs for Muslim women was like putting the clock back. "A lot of Muslim women are coming out of the purdah; they are even fighting elections and getting elected; the fundamentalist forces should realise the democratic temperament of the times," he said

Jamiat Ulema-i-Hind spokesman Abdul Hamid Naumani said that even the Sharia made concessions for exceptional circumstances. "We cannot call the Supreme Court pronouncement wrong; for the purpose of making a passport or an identity card a Muslim woman can be photographed," he said. Naumani, however, suggested that women officials should be present while photographing Muslim women.

Keeping in view the security problem, we should cooperate with the authorities," said Kamal Farooqi, the member of All India Muslim Personal Law.

Nagpur seeks Supreme Court Bench in the City

Nagpur seeks Supreme Court Bench in the City

NAGPUR: Even as the demand for statehood to Vidarbha is gaining momentum, another demand is coming up — a Supreme Court bench in the city because to its central location and good connectivity. As reported by The Times Of India.

It started last year after Justice AR Lakshmanan,the chairman of the Law Commission of India, Justice AR Lakshmanan submitted a report to the union ministry of law and justice suggesting division of the Supreme Court into a constitution bench at Delhi and cassation benches in four regions — Delhi, Chennai/Hyderabad, Kolkata and Mumbai.

Lakshmanan also suggested that if Article 130 of the Constitution cannot be stretched to implement these
recommendations, the Parliament should enact a legislation or amend the constitution.The Nagpur Chamber of Commerce Limited (NCCL) has taken objections to Lakshmanan’s suggestions stating that there could be no better place than Nagpur to set up a bench due to its strategic location.

The chamber has dispatched its suggestions to prime minister Manmohan Singh, home minister P Chidamabaram, law minister V Moily and the Law Commission chief. A similar demand was also made by Chandrapur MP Hansraj Ahir about a couple of years back.

“The four metros recommended by the commission are over-crowded and the apex court bench will add to the traffic woes. Nagpur will be the right place to cater to matters of central India and the adjoining states,” said NCCL president JP Sharma.

SC asks J&K to pay HRA to militancy-hit Pandit employees

SC asks J&K to pay HRA to militancy-hit Pandit employees

NEW DELHI: Asking it to be “generous ", the Supreme Court has directed Jammu and Kashmir government to pay House Rent Allowance and City

Compensatory Allowance to over 3,500 Kashmiri Pandit government employees who fled the valley and settled in Jammu due to terrorist threats. As reported by The Times Of India.

"Why can't you be generous? After all they are your own employees. They have fled the place because of terrorist threats. You should be considerate," a bench of Justices Altamas Kabir and Swatanter Kumar observed while dismissing an appeal filed by the state government.

The state had come on an appeal against the directions of the Jammu and Kashmir High Court which had directed the government to pay the HRA and CCA.

The said employees had fled the valley during the early 90s due to threats from militants and settled in parts of Jammu. Though they were being paid salaries, the employees were not given HRA and CCA allowance.

Deprived of their legal rights, the employees led by A K Sadhu and others moved the J-K High Court in 2001 challenging the Government Order which dis-entitled them to the HRA and CCA allowances. It was also contended that the government was extending the benefits selectively to some migrant Kashmiri Pandits in Home Department but was denying the same to the others.

Supreme Court challenges HC verdict bringing CJI in RTI ambit

Supreme Court challenges HC verdict bringing CJI in RTI ambit

The Supreme Court is believed to have filed an appeal before itself challenging the judgement of the Delhi High Court holding that the office of the Chief Justice of India came under the ambit of the RTI Act. As reported by India today.

Highly placed sources on Saturday said that the appeal against the January 12 verdict has been filed after there was unanimity among the judges of the apex court on challenging the verdict.

Sources said CJI K G Balakrishnan had consultation with other apex court judges on the issue and the grounds taken by it in the appeal are identitical to the stand taken in the High Court that disclosure of information held by the CJI would hamper independence of judiciary.

They said Attorney General would argue the matter on behalf of the apex court registry when it is expected to be listed for hearing shortly.

Sources said the apex court would seek stay of the operation of the High Court direction and would plead for referring it before a larger Bench or to the Constitution Bench.

Govt To Rescue Hungry people,says SC Panel

Govt To Rescue Hungry people,says SC Panel

BHUBANESWAR: With 15 of Orissa's 30 districts hit by drought amid allegations of more than 400 starvation deaths in nine years, a Supreme Court panel has asked the administration to rescue hungry people immediately to prevent possible deaths. As Reported by The Times Of India

The SC appointed Commissioner and Special Commissioner have recommended a "protocol" for preventing hunger deaths in the state.

"Protocol for preventing starvation would ensure that the state response is appropriate to mitigate some of the distress faced by poor and vulnerable groups," SC Commissioner N C Saxena and Special Commissioner Harsh Mander told state chief secretary T K Mishra in a letter.

The SC Commission's letter, which reached the office of the chief secretary here recently, also sought an action taken report within a month.

"We are in touch with the Commission in this regard", Mishra said adding that the state administration was taking all steps to avoid hunger deaths. The state government has already declared 3264 villages under 70 blocks and 41 wards under nine urban local bodies spread over 15 districts as drought affected.

"The areas having sustained crop loss of 50 per cent and above during 2009 kharif season are declared drought hit", revenue and disaster management minister S N Patro said.

The drought-hit districts include tribal dominated Kalahandi, Koraput, Kandhamal, Malkangiri, Mayurbhanj, Nawrangpur, Nuapada, Sundergarh and Deogarh. The infamous starvation deaths and child sale in Kalahandi in 1980s had drawn national attention with many dying of hunger though the then government had denied the allegations.

Stating that the district administration was found to be spending most of its energies in trying to establish that deaths were not due to starvation but due to health reasons, the commission asked the state government to ensure that the focus should now be shifted to all the communities that were living in hunger rather than waiting to respond to the crisis after deaths are reported.

Allegations of 404 starvation deaths were made in the last nine raising questions whether development has percolated to all sections. The families facing hunger should be provided with foodgrains on highly subsidised rates and steps taken to ensure early sanction and release of insurance under NFBS (national benefit family scheme), the commission said. The commission's mantra to prevent avoid starvation deaths include coverage under livilihood schemes like ICDS, MDM, NREGS and old age, widow and disability pensions.

For children of the hungry families, the commission said that the administration should ensure their admission to SC-ST hostels. Similarly, it asked the administration to double food quotas for infants, small children, expecting and nursing mothers.

Lift Veil for Right to Vote, SC tells burqa-clad women

Lift Veil for Right to Vote, SC tells burqa-clad women


NEW DELHI: The Supreme Court has said that burqa-clad women cannot be issued voter identity cards, rejecting the argument that religion prohibit them from lifting their veils. As stated by IBN7.


A bench comprising Chief Justice K G Balakrishnan and Justice Deepak Verma gave the order on Friday while hearing a petition by Madurai resident Ajmal Khan, who had pleaded that printing photos of Muslim women in the voters list violates Islam and their fundamental right to practise and profess their religion.


The order comes at a time when a controversy triggered by the ban on full-length burqas has roiled France, attracting protests from clerics.


The Supreme Court was not convinced, and asked him what Muslim women would do if they contested elections.


“What if you want to contest an election?” asked the court. “If you have such strong religious sentiments, and do not want to be seen by members of public, then do not go to vote. You cannot go with burqa to vote. It will create complications in identification of voters.


“If someone comes to vote in a burqa and the photograph was also taken with a veil covering the face, how would anyone identify the voter?'' the court said.


Khan filed a plea in the apex court after the Madras High Court ruling dismissed his plea questioning Election Commission of India’s move to have photographs of voters in electoral rolls.


“The religious custom and preachings of Holy Quran lay down that Muslim women should wear purdah and ‘burqa’ and show their faces only to their husbands and close relatives,” Khan said in his plea.

4 yrs RI for Telgi, 5 others

4 yrs RI for Telgi, 5 others

Hyderabad: Fake stamp paper scam kingpin Abdul Karim Telgi and five others were today sentenced to four-years rigorous imprisonment by a special CBI court here after they pleaded guilty in the case


Judge V Raghunath Rao pronounced the terms for Telgi, P Abdul Waheed, Thomas Jacob, Badruddin K Jamadar, B Sadasiva and K Mohd Yousuf after they pleaded guilty on charges under section 120-B of Indian Penal Code (IPC) pertaining to criminal conspiracy and under sections 258 (Sale and circulation of fake stamps), 260 (possession of fake stamps) and 420 (cheating) of IPC , with fine of Rs 500 each.


The judge, however, dropped charges under IPC section 255 dealing with counterfeiting (printing) of government stamp papers against Telgi on the grounds of lack of material evidence. The court also found them guilty under section 69 (B) of Indian Stamp Act and imposed sentences of six months simple imprisonment.


Telgi's advocate Farhatullah told reporters that his client confessed his involvement in the scam.


The judgment has come in one of the two cases registered against Telgi and his associated in Hyderabad.


The CBI has not yet filed chargesheet in the other case. Telgi faces about 50 cases in the fake stamp paper scam in different parts of the country.


All the sentences will run concurrently. The judge in his orders also directed that the remand period if any undergone by all the accused is set off under section 428 CrPC. Telgi, currently lodged in a Bangalore jail, was brought by an escort police party of Karnataka and produced in the court on January 20, which posted the case for framing of charges today.

The CBI had filed a charge sheet in the court against Telgi and five others after the case was transferred to the agency by Hyderabad Police in 2004.

Ayodhya Files, CBI Names 51 Officials Missing

Ayodhya Files, CBI Names 51 Officials Missing

Lucknow: As many as 51 Uttar Pradesh officials have been named by the Central Bureau of Investigation (CBI) in a case of missing files related to the Ramjanmbhoomi-Babri Masjid row.

The list was submitted by the premier investigation agency before a special bench of the Allahabad High Court Thursday.

What was being debated before the high court for the past 17 years was determination of the title over the land on which the mosque was built in the 16th century. Claiming that the mosque was erected after demolition of an ancient Ram temple that marked the birthplace of Lord Ram, violent Hindu kar sewaks had pulled down the mosque Dec 6, 1992.

However, the special bench comprising Justice D.V. Sharma, Justice S.U. Khan and Justice Sudhir Agarwal had to digress from the main issue after its attention was drawn to the missing files.

Uttar Pradesh advocate general Jyotindra Misra claimed that show-cause notices had already been issued to all employees, who were considered prima facie responsible for the missing files.

The CBI probe was ordered by the high court shortly after it was discovered that 23 files related to the Ayodhya case were missing from the state home department.

The court took serious note of the extremely slow pace of progress in the probe. The CBI had been seeking repeated extensions to complete the probe. The bench has now fixed Feb 8 for the next hearing.

CBI counsel Veereshwar Nath assured the bench that the agency would submit its report by Jan 31.

The missing documents include correspondence between the UP government and the Faizabad District Magistrate in 1949, and a message of the then prime minister Jawaharlal Nehru to the state for removal of idols from the Babri mosque.

SIT plans to complete investigation at the earliest, Raghavan

SIT plans to complete investigation at the earliest, Raghavan

The special investigation team probing some of the post-Godhra riot cases plans to complete the inquiry at the earliest, sources in the SIT said on Friday. "We are doing our best and trying to complete our task at the earliest. Supreme Court has given us time till April 30 to submit the
report," said SIT Chairman R K Raghavan when asked how much time it would take to complete its investigation. As reported by Indian Express

SIT which is also conducting a preliminary inquiry into a complaint against Gujarat Chief Minister, Narendra Modi, and 62 others was given a four-month extension till April 30 by the SC early this week against the demand of five months.Raghavan's presence here since Thursday achieves significance as it comes two days after Supreme Court directed the Gujarat government to furnish all documents, including the alleged inflammatory speeches made by Modi, to the agency. It also becomes important as SIT member, Geetha Johri, has offered to quit from the team on account of "personal allegation" made against her in connection with Sohrabuddin fake encounter case.

The SIT which was constituted by the apex court in March 2008 to investigate the Godhra train carnage case and eight other post-Godhra riot cases, was also directed by the SC in April 2009 to examine a complaint by Zakia Jaffery.

Mrs. Zakia, whose husband and former MP Ehsan Jaffrey was killed during the 2002 riots in Gulburg society along with 69 others has alleged that Mr. Modi, his cabinet colleagues, police officials and senior bureaucrats aided and abetted the post-Godhra riots of 2002.
Besides, Mr. Modi, Mrs. Zakia has named in her list the then home minister Gordhan Zadaphia, former health minister Ashok Bhatt, the then city police commissioner P. C. Pande and others.

According to sources, SIT has recored statements of number of persons named in Zakia’s complaint which include, Zadafia, BJP leader I. K. Jadeja, ex- IPS officer R. B. Sreekumar, social activist Teesta Setalvad, IG Shivanand Jha, some senior police officers and political leaders.

Probability of SCs in 4 Metros Examined by Law Ministry

Probability of SCs in 4 Metros Examined by Law Ministry

New Delhi

The UPA government is closely examining the recommendation of the Law Commission to set up four Supreme Courts in metros and a Federal Court in the Capital exclusively devoted to examine constitutional issues, as one of the possible ways of reducing the huge backlog of pending cases. As reported by Times of India

The recommendation of the Law Commission, made in its 229th report, to set up Supreme Courts in the original four metros as well as a Federal Court tasked with disposing of constitutional issues, was recently endorsed by Chief Justice K G Balakrishnan.

Sources said that the CJI's advocacy for four Supreme Courts has been the goad for the closer look at the nearly-forgotten recommendation of the Law Commission.

The idea to set up four Supreme Courts, or more appellate courts, in Delhi is seen as in harmony with the Constitution, for Article 130 provides that "The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President from time to time, appoint."

However, creation of a Constitutional or Federal Court in Delhi to hear only matters of grave constitutional importance would require an amendment to the Constitution, the sources said, adding the law ministry wanted to examine the Law Commission's recommendation and the suggestion made by the CJI.

In its report submitted to law minister Veerappa Moily, the Commission had said: "Whether the Supreme Court should be split into Constitutional Division and Legal Division for appeals, the latter with Benches in four regions - North, South, East and West - is a subject of fundamental importance for the judicial system of the country."

The Law Commission recommended that "a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues and four Cassation (final appeal court) Benches be set up in the Northern region at Delhi, the Southern region at Chennai/Hyderabad, the Eastern region at Kolkata and Western region at Mumbai to deal with all appellate work arising out of orders/judgments of the High Courts of the particular region."

However, the Full Court of the Supreme Court had till date rejected all proposals for setting up Benches of the Supreme Court in the South or any other region of the country.

Jurists Want New Panel To Probe Dinakaran

Jurists Want New Panel To Probe Dinakaran

New Delhi,

Top jurists, including two former Supreme Court judges, on Thursday demanded scrapping of the three-member panel formed by Rajya Sabha chairman Hamid Ansari to probe the corruption allegations against Karnataka High Court chief justice P.D. Dinakaran. As reported by Hndustan Times.

“Two members of the panel, Justice V.S. Sirpurkar of the Supreme Court and senior advocate P.P. Rao, knew Justice Dinakaran quite well and may not be fit to judge his conduct,” they said in a note to Ansari.

In separate applications to Ansari, the Campaign for Judicial Accountability and Reform (CJAR), and Chennai-based Forum for Judicial Accountability (FJA) demanded that the probe panel be reconstituted.

The FJA letter signed by R Vaigai, Sriram Panchu and eight other advocates clarified, “We make this request purely in the public interest and with all due respect to Justice Sirupurkar and Rao, on whom we do not intend to cast any aspersions.”

It has sent the application on behalf of former SC judges, V.R. Krishna Iyer and P.B Sawant, and 30 other eminent citizens.

“We learn that Justice Sirpurkar told several responsible lawyers that he knows Justice Dinakaran well, who is independently wealthy and an honourable man,” said the application signed by senior SC lawyer Prashant Bhushan.

In a separate petition to Ansari, 10 Madras High Court lawyers said Sirpurkar was a colleague of Dinakaran between 1997 and 2003. “They functioned together on division benches, shared administrative work and interacted with each other at social and official functions. Of all the Supreme Court judges, Justice Sirpurkar would have the most association with him,” said the petition.

Sirpurkar was not available for his comments. Officials at his residence said they would inform the “hon’ble lordship”.

The two organisations also drew Ansari’s attention to the “legal advice” tendered by Rao to Dinakaran in December. “The fact is known in legal circles and Mr Rao has not denied the meeting.”

Rao confirmed to HT on Monday he had met Dinakaran. “It was a courtesy call. I had suggested to him to seek a probe under the Commission of Inquiry Act to clear his name,” Rao had said.

Ansari had formed the probe panel on January 8, after 75 opposition MPs had moved an impeachment motion against Dinakaran last month.

Best Bakery case, 8 convicts seek transfer to Gujrat Jail

Best Bakery case, 8 convicts seek Transfer to Gujrat Jail


Mumbai: Eight convicts in the Best bakery case have petitioned the Bombay High Court seeking their transfer from Kolhapur central jail to Vadodara prison in Gujarat so that they are able to remain closer to families.


All the eight have been lodged in Kolhapur jail since February 2007 after a special court here convicted them for burning alive 14 people inside Best Bakery in Hanuman Tekdi area of Vadodara during the post-Godhra riots in Gujarat. As Reported by MSN News


The Best bakery case was shifted to Mumbai by the Supreme Court for fair trial. The convicts have written a letter to the High Court which it has converted into a writ petition. The Court would hear their plea in due course. The convicts pleaded that since they have been lodged in Kolhapur prison they have not been able to meet their families.


"We are far away from our home. Our families are facing financial difficulties because of which they are not able to visit us. It becomes time consuming and expensive for them to visit us in Kolhapur Jail", they contended.


The convicts further submitted that in Kolhapur jail they cannot seek furlough (leave). Under the law, they are entitled to 15 day furlough every year.


The letter stated that since the convicts were residents of Gujarat and did not have any relatives in Maharashtra it became difficult for them to find sureties to get furlough.


The convicts are Rajubhai Baria, Pankaj Gosavi, Sanjay Thakkar, Bahadursingh Chauhan, Jagdish Rajput, Dinesh Rajbhar, Sanabhai Baria and Sailesh Tadvi.


On March 1, 2002, a mob had set ablaze Best Bakery in lower-middle class dominated Hanuman Tekdi area of Vadodara killing 14 people. Among the victims were family members of Zaheera Shaikh who had taken refuge inside the bakery.

Manu Sharma questions Bina Ramani's testimony in Jessica murder case

Manu Sharma questions Bina Ramani's testimony in Jessica murder case

Senior advocate Ram Jethmalani on Wednesday continued to defend Manu Sharma in the Jessica Lall murder case by criticising the Delhi High Court (HC) bench for rejecting the report on ballistic expert, Roop Singh, on the ground that only a Photostat copy of it was provided to the court. As Reported by Hindustan Times

Quoting from a trial court's ruling, Jethmalani told the bench of Justice P. Sathasivam and Justice Swatanter Kumar that the lower court had said the 'evidence of Bina Ramani is of no help to present case'.

Socialite Ramani, in whose Tamarind Court Cafe restaurant at Qutub Colonnade in south Delhi Lall was shot dead on the night between April 29 and 30, 1999, had told the court that after hearing the gun shot she had accosted Manu Sharma and asked him to hand over the gun to her and had even chased him as he fled the spot.

Jethmalani said the prosecution had made a case that out of two bullets fired from the .22 pistol, one hit the ceiling and another got embedded in the victim’s brain.

“The Division Bench of the High Court had gone berserk,” he added, stating the HC had termed the two-weapon theory as concoction and even cast aspersions on the trial court judge.

Jethmalani denied there was any manipulation of evidence, as held by the HC. 'And there were no independent witnesses,' he said.

Jethmalani added that Ramani was relied upon as the prosecution’s star witness. However, the account of eye-witness Shayan Munshi who was working as a bar tender along with Lall, was not heeded. Jethmalani claimed Ramani was under police pressure to give statement of a particular type as she was facing an excise case, he said.

The senior advocate said the Delhi Police had threatened Ramani, George Mailhot and their daughter that they would be dragged into a case the Excise department had registered against them.

Delhi HC Approves New Parole Guidelines

Delhi HC Approves New Parole Guidelines

The Delhi High Court on Thursday gave its nod to accept the fresh guidelines framed by the city government on parole for convicts and asked it to implement it within six weeks. Reported by The Hindustan times

The government assured a bench headed by Chief Justice A P Shah that it would no longer sit over parole plea and would decide in a time-bound manner within a month.

According to the guidelines, parole would not be granted to prisoners who had been convicted for murder and rape of minor children, murder after rape, not citizens of India and who had escaped from jail.

The government will grant parole or custody parole to those prisoners only in case of serious illness or critical condition, on account of accident or death of a family member besides the marriage of a family member, the guidelines said.

In December last year, Delhi government had come under fire for granting parole to Jessicca Lall murder case convict Manu Sharma, son of powerful Haryana politician Vinod Sharma, even while appeals by other prisoners for such relief were pending.

Under the new guidelines, those who are a threat to national security, involved in sedition or convicted for rape-cum-murder will not be granted parole.

The previous set of guidelines said if a person is believed to be dangerous for public peace and involved in cases like assault, rioting, mutiny, sedition, cruelty, under the anti-terrorism laws and for possession of explosives or dangerous weapon, committing and so on, he would not be considered for the relief.

Rathore To Face CBI

Rathore To Face CBI
The CBI is likely to question former Haryana DGP SPS Rathore on Friday in connection with the Ruchika Girhotra molestation case. As reported by NDTV.
Rathore was last questioned by CBI in 2000 when it was probing the molestation charge against him.
According to sources, the CBI has asked him to be present at its camp office on Friday. Ruchika Girhotra's family lawyer, Pankaj Bharadwaj, says that if Rathore is not able to justify the allegation against him, the CBI has the power to detain him and send him into custody.
Sources revealed CBI officials had visited Rathore’s house in Sector-6, Panchkula, on Sunday and served a notice to him
Since Rathore has not been given interim bail, he can, in the words of Bharadwaj, be picked up any time. The Girhotra lawyer points out that the, "CBI also knows that his custodial interrogation is required."
In December, a court sentenced Rathore to six months in prison for molesting Ruchika. After the sentence, her family and friends filed three new cases against Rathore.
The most serious case against Rathore is driving Ruchika to commit suicide.
Rathore, in 1990, molested 14-year-old Ruchika Girhotra. After Ruchika complained against him, Rathore allegedly used his position as a senior police officer in Haryana to harass her family and her. The family has in particular alleged that her brother Ashu was implicated in false cases and tortured by Rathore and that this played an important part in Ruchika committing suicide.
The Girhotra lawyer says, "Ashu is a very important witness, and they have questioned others as well...pointers very clearly show that they (CBI) are very progressing fast."
He brushes away the Veena factor, saying that "even if it is proved that she had something to do with Mr Girhotra, it would not affect the case under 306 (abetment to suicide) till the time she says I am the reason for her to commit suicide. Rather she has given a statement that she had a good relationship with Ruchika."
Veena is the mystery woman in the Ruchika Girhotra story. The Rathores claim that Ruchika's father Subhash Girhotra had married Veena and the "step-mother" was the reason Ruchika committed suicide. But Ruchika's family and friends say Veena was just a governess and Subhash Girhotra did not get married a second time.

I-T dept cannot Re-Open the Assessment U/S.147 of the Income Tax Act Arbitrarily, SC

I-T dept cannot Re-Open the Assessment U/S.147 of the Income Tax Act Arbitrarily, SC

In a reprieve to the assessees, the Supreme Court has ruled that the Income-Tax Department cannot re-open the assessment cases arbitrarily but on the basis of some ''tangible material''. If armed with unrestricted power to re-open the cases against assessees, it will amount to review of the assessment by the assessing authority, said the apex court. As mentioned by Economic Times.
"Re-assessment has to be based on fulfilment of certain pre-condition and if the concept of ''change of opinion'' is removed, as contended on behalf of the department, then, in the garb of re-opening the assessment, review would take place. One must treat the concept of ''change of opinion'' as an in-built test to check abuse of power by the assessing officer", said a three-judge bench headed by justice SH Kapadia.

According to section 147 of the Income-Tax Act amended by virtue of the Direct Tax Laws (Amendment) Act of 1989 which came into effect from April 1, 1989, cases could be re-opened if the assessing officer has reason to believe that the income has escaped assessment.

The court, however, said: "One needs to give a schematic interpretation to the words ''reason to believe'' failing which, we are afraid, section 147 would give arbitrary powers to the assessing officer to re-open assessments on the basis of ''mere change of opinion'', which cannot be per se reason to re-open. We must also keep in mind the conceptual difference between power to review and power to re-assess. The assessing officer has no power to review; he has the power to re-assess".

The court noted that after April 1, 1989, the assessing officer has power to re-open, provided there is "tangible material" to come to the conclusion that there is escapement of income from assessment. However, reasons must have a live link with the formation of the belief, it said.

The court dismissed a bunch of appeals of the Income-Tax Department against the assessees. The issue before the court was whether by virtue of the Direct Tax Laws (Amendment)Act of 1989, the condition of ''change of opinion'' stood obliterated for re-opening of assessment cases.

The court pointed out that under Direct Tax Laws (Amendment) Act,1987, the words ''reason to believe'' was deleted and the word ''opinion'' was inserted in section 147 of the Act. However, on receipt of representations from the companies against omission of the words ''reason to believe'', Parliament re-introduced it and deleted the word ''opinion'' on the ground that it would vest arbitrary powers in the hands of assessing officer.

To substantiate its order, the apex court also perused a circular issued by the government on October 31, 1989 reiterating the same thing.

Prior to Direct Tax Laws (Amendment) Act, 1987, the assessing officer was empowered to make back assessment on fulfilment of two conditions. But section 147 of the Act was amended which came into effect from April 1, 1989, these two conditions were given a go-by.

The only condition remained was that where the assessing officer has reason to believe that income has escaped assessment, it confers jurisdiction to re-open the assessment. Therefore, after April 1, 1989, the revenue's power to re-open the cases was widened.

According to the unamended section 147 of the Act, on fulfilment of two conditions, the assessing officer was empowered to re-open the cases. First, if the assessing officer has reason to believe that by reason of the omission or failure on the part of an assessee to make a return under section 139 of the Act for any assessment year to the income-tax officer or to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to tax has escaped assessment for that year.

Second, notwithstanding that there has been no omission or failure on the part of the assessee, the income- tax officer has in consequence of information in his possession has reason to believe that income chargeable to tax has escaped assessment for any assessment year.

Muthoot Paul Murder Case Handed Over to CBI

Muthoot Paul Murder Case Handed Over to CBI

The Kerala High court has directed the state police to hand over investigation in the murder of Muthoot business group scion Paul Muthoot George to CBI. As stated by NDTV.

A Division Bench comprising Chief Justice S R Bannurmath and Justice Thothathil B Radhakrishnan also directed the CBI to complete the investigations in six months time.

The court's direction came on a petition filed by Muthoot business group Chairman M G George, seeking a CBI probe into his son Paul's murder in August last year.

The court directed the police to hand over all relevant documents regarding the case to CBI.

During the hearing, police had told the court that investigations were carried out meticulously based on "true facts" but the bench criticised the police probe on several occasions.

The state government had also informed the court that it was not "afraid" of a CBI probe, contending that a fair investigation has been conducted by the state police.

Pressing for the CBI probe, the Muthoot family had submitted in the court that police had not properly recorded their statements and had 'omitted relevant parts from their statements.'

The bench also criticised IGP Vinson M Paul, who headed the SIT, for conducting a press meet with regard to the investigation in the case.

The Kerala government had formed a Special Investigation Team (SIT) to probe the murder of Paul Muthoot, a young businessman of the multi-crore Muthoot group with diverse business interests including finance and hospitality sectors.

The SIT had filed chargesheet in Ramankiri court in Alapuzha listing 25 accused in the case. The Magistrate had returned the chargesheet saying it was incomplete. However, the High Court on an appeal by the state government had stayed the order.

Paul's father had filed the petition expressing dissatisfaction at the police investigation and seeking CBI probe.

Home Ministry sends Reminder on show cause notice to Rathore

Home Ministry sends Reminder on show cause notice to Rathore

20th Jan 2010
Mumbai: The government today sent a fresh reminder to former Haryana DGP SPS Rathore, convicted in the Ruchika molestation case, on a show cause notice asking why his pension should not be reduced and his police medal not withdrawn for allegedly abusing power.
The reminder was sent as Rathore has failed to respond to the notice sent to him on December 26, 2009 by the stipulated January 15 deadline, official sources said.As stated by DNA News

The notice, stating his conduct was allegedly unbecoming of a police officer, was served on Rathore, the sources said.

The disgraced police officer has been sentenced by a court to six months jail for molesting 14-year-old Ruchika nearly two decades ago.

With the light sentence awarded to him creating an uproar, the Central Police Awards Committee (CPAC), headed by Union Home Secretary Gopal K Pillai, on January 4 had recommended to the President for the withdrawal of police medal given to Rathore.

Rathore, a 1965-batch IPS officer who retired in 2002, was awarded the Police Medal for Meritorious service on August 15, 1985.

SC directs Delhi govt to shelter all homeless by evening

SC directs Delhi govt to shelter all homeless by evening
20th Jan 2010 New Delhi

The Supreme Court Wednesday ordered the Delhi government
to provide night shelters to all of the capital's homeless by this
evening.

Taking note of the plight of the homeless during the ongoing cold
wave, the apex court ordered the government to hold a meeting by
4.30 pm to decide how the order was going to be carried out.As
reported by IBN Live.

Justices Tarun Chatterjee and S Radhakrishnan told the government
representative to immediately advertise the locations of all the
night shelters in the capital through television and print media.
The authorities must also ensure that the night shelters have basic
amenities such as blankets, electricity and toilets, the judges
ordered.

Civic authorities run 40 night shelters in Delhi. Their combined
capacity cannot house even a small fraction of the capital's
estimated 150,000 homeless people.

Give Modi's speech,other documents to SIT says SC

Give Modi's speech,other documents to SIT says SC
20th Jan 2010

NEW DELHI: Nearly eight years after the post-Godhra communal mayhem in Gujarat, the probe by a Supreme Court-constituted Special Investigation Team. Reported by India Today

(SIT) into nine most gruesome riot cases appears to be moving closer to investigating the actions of chief minister Narendra Modi during the period of violence.

"According to SIT, the statement made by the chief minister has some relevance. What is wrong if you make it available?" the bench said while directing Gujarat government to hand over without further delay all documents required bench of Justices D.K. Jain, P. Sathasivam and Aftab Alam rejected the state government's argument that the documents sought by SIT may not have relevance to investigations

SC to hear Reliance Natural Resources Ltd appeal against Allahabad's HC Order on Jan 29

SC to hear Reliance Natural Resources Ltd appeal against Allahabad's HC Order on Jan 29

(19-Jan-10)
The Supreme Court today fixed January 29 for the hearing of the appeal of RNRL, a company of Anil Ambani group, challenging the Allahabad High Court order quashing the land acquisition proceedings for its Dadri power project. Senior counsel Mukul Rohatgi appearing for Reliance Natural Resources Ltd (RNRL) contended before the apex court that the so called poor farmers who had moved court against land acquisition had used chartered private aircraft at least on 30 occasions to fly their senior counsel from Delhi to Allahabad to argue the case. As stated by Indilawnews.com

He also blamed his business rivals for financing these farmers. A bench comprising Chief Justice K G Balakrishnan, Justices R V Raveendran and Deepak Verma directed to serve the copy of the petition to the counsel for the caveator. The Allahabad High Court, on December 4, 2009, had quashed the land acquisition proceedings and had directed RNRL to return the land to the farmers and renegotiate with them. The apex court did not pass any order on the request for interim stay against the High Court orders and said the request for interim relief will be considered on January 29.

Change age limit for Mp and Mla election to 21 says Pil

Change age limit for Mp and Mla election to 21 says Pil

19 Jan2010
NEW DELHI: Why not change the age limit for contesting the Lok Sabha and assembly elections to 21 years from the stipulated 25 years, when the age for voting has been reduced from 21 years to 18 years? As stated by The Times of India
On Monday, this question from a PIL by one Kumar Gaurav left a Supreme Court Bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and Deepak Verma thinking for a while. But, it countered the petitioner by asking: “What is the hurry? Why not have some experience of politics before entering the fray?”
Well the counsel for the petitioner was not to be deterred and said it was the people’s fundamental right to choose a profession and politics has become one. He said most of the countries around the world have reduced the age limit for people’s representatives to 18 years and India should follow suit.
The Bench said: “But this would require amendments to several Articles of the Constitution which prescribe the age limit. Can the Supreme Court do it? We do not have powers to reduce the minimum age stipulated for persons to contest Lok Sabha or assembly elections.”
When the petitioner insisted that the Supreme Court could do so by forcing the government to think about it, the Bench, in a lighter vein, said: “If we had the powers to force an amendment to the Constitution, then the first thing we probably would have done is to amend the retirement age of judges from 65 to 80 years.”
Though it dismissed the PIL, the factual position in various countries supported its stand, except probably in US where one has to be 25 years to be a Representative and 30 to be a Senator. In UK, anyone over the age of 18 years can stand for election to Parliament. The age was reduced from 21 years by the Electoral Administration Act of 2006. The position is identical in Australia, Austria, Canada, Denmark and Germany. However, in Canada one has to be 30 years to be a Senator.

Farmers’ suicides Can seek remedial measure, says SC

Farmers’ suicides: Can seek remedial measure, says SC

19th Jan 2010
The Supreme Court on Monday said it was not in its power to stop debt-ridden farmers from committing suicide but that it was willing to issue some general instructions to ensure better conditions for them. “We cannot stop suicides, but we can issue general instructions for remedial measures to prevent farmers from committing suicides in large numbers,” a Bench led by Chief Justice of India K G Balakrishnan observed. The Court was hearing a 2006 PIL filed by advocate Sanjeev Bhatnagar questioning the country’s agricultural policy in view of a spate of farmer suicides. News by Indian Express

Bhatnagar, who is also an agricultural economist, quoting government reports on Monday said that 87,567 farmers had killed themselves between 2002-08.

The Bench said the government has to work on some “special package” like the one presented by Prime Minister Manmohan Singh in 2006. It said, “We have to find out the reasons which are driving the farmers to suicide. The problem is confined to some states.” The government counsel has assured the court of putting the Bench’s views before the Agriculture Secretary.

Supreme Court Lays Down Guidelines For Right Of Private Defence For Citizens

Supreme Court Lays Down Guidelines For Right Of Private Defence For Citizens

Darshan Singh Vs State of Punjab / Criminal Appeal 1057 of 2002
Date of Judgment : 15.01.2010


In a significant ruling, the Supreme Court has ruled that a person cannot be expected to act in a cowardly manner when faced with an imminent threat to life and has got every right to kill the aggressor in self defence, the Supreme Court has held.

A bench comprising Justices Dalbeer Bhandari and Asok Kumar Ganguly, while acquitting a person of the charges of murder, said on January 15 that when enacting Section 96 to 106 of the IPC, accepting from its penal provisions, certain classes of acts done in good faith for the purpose of repelling unlawful aggressions, the Legislature clearly intended to arouse and encourage the manly spirit of self-defence amongst the citizens, when faced with grave danger.


The law does not require a law abiding citizen to behave like a coward, when confronted with a imminent unlawful aggression. As repeatedly observed by this court, there is nothing more degrading to the human spirit than to run away in face of danger. Right of private defence is thus designed to serve a social purpose and deserves to be fostered within the prescribed limit, they said.


Justice Bhandari writing a 41-page judgment for the bench, further noted that the right of private defence is recognised in all free, democratic and civilised countries and self-preservation is the basic human instinct and is duly recognised by the criminal jurisprudence of all civilised countries.


Laying down ten guidelines, where right of self-defence is available to a citizen, but also cautioned that in garb of self-defence, no one can be allowed to endanger or threaten the lives and properties of others or for taking personal revenge. The apex court acquitted one Darshan Singh from Punjab, who had killed Gurcharan Singh in self-defence on July 15, 1991. Father of Darshan Singh was attacked with a 'gandasa' on his head and when Gurdish Singh proceeded to attack Darshan Singh, Darshan Singh open fired in self-defence and in the process Gurcharan Singh was killed.

The apex court, while setting aside the judgment of Punjab and Haryana High Court convicting Darshan Singh, restored the order of the trial court recording his acquittal. His father Bakhtawar Singh died during the pendency of his appeal. The apex court concluded by saying that a person, who is under imminent threat is not expected to use force exactly required to repel the attack and his behaviour cannot be weighed in golden scales.

Land case dents Army image, will act upon it, says Chief.

Army chief General Deepak Kapoor today said that the top priority now was to dispense justice but a CBI inquiry could also follow into the role of the land developer whose association with a top General came under the scanner. His first public comments on the Darjeeling land scandal reports the Indian Express

At a press conference on the eve of Army Day, Gen Kapoor said the Army would “look into the aspect” of involving the CBI to investigate the role of the land developer.

An Army inquiry into NOCs for transfer of 71 acres near the 33 Corps headquarters in Sukna found that Dilip Agarwal, the land developer, had close links with Lt Gen Avadhesh Prakash, Military Secretary, who has been indicted in the case.

While the inquiry stated the links between Agarwal and Prakash, it did not have the authority to investigate financial links or the monetary aspects involving the builder as he is not under the purview of the Army Act. Agarwal was questioned by the Army but the inquiry report said he was “protective”about his business dealings.