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SC notice to UP, Uttarakhand on ‘verbal instructions’ stopping release of film ‘Muzaffarnagar the Burning Love’

The Supreme Court today directed the governments of Uttar Pradesh and Uttarakhand to respond to a plea against ‘verbal instructions’ by the authorities there not to release a movie in some districts of the two states.The movie, ‘Muzaffarnagar the Burning Love’, is a love story of a Hindu boy and a Muslim girl and set in backdrop of the 2013 Muzaffarnagar riots in Uttar Pradesh.The film has already been released across the country barring some districts of Uttar Pradesh and Uttarakhand — Muzzaffarnagar, Meerut, Saharanpur, Shamli, Baghpat, Ghaziabad and, Haridwar and Bijnor.Also readPadmavati row | Parliamentary panel grills Sanjay Leela Bhansali over ‘selective media screening’ of filmA bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud asked the petitioner’s counsel to serve the copy of the plea to the standing counsel of the two states and posted the matter for December 11.Morna Entertainment Pvt Ltd, producer of the movie, had approached the top court seeking directions to the authorities of these districts to allow the film’s screening without any hindrance or obstruction.Also readPadmavati row: Haryana BJP leader booked for Rs 10 crore bounty offer against Bhansali, DeepikaThe plea also sought directions to provide adequate security for its screening, besides a compensation of Rs 50 lakh due to the loss of business suffered by them.It has alleged that the authorities of these districts had “illegally and without any authorisation” warned and threatened the cinema theatres not to screen the movie which was scheduled to be released on November 17 this year.Also readABVP leader offers Rs 1 lakh to chop off ‘Games of Ayodhya’ movie producer’s hands It said the movie was granted ‘UA’ certificate by the Central Board of Film Certification (CBFC) and the censor board had cleared it to be shown to the audience.”In fact the certificate also mentions the fact that the excisions and modifications imposed by the board has also been duly carried out,” the plea said.It claimed that when the film was about to be released on November 17 all across the nation, it was communicated to the petitioner and its distributor that the movie would not be released in these districts of Uttar Pradesh and Uttarakhand.The plea alleged that the authorities had not issued any formal order to the theatres “but only on verbal instructions, the release of motion picture has been stalled thereby causing a great financial loss to the petitioner and also violating the fundamental right…”It claimed that after they got to know about it, they contacted the respective district administrations but they blatantly refused to screen the movie on the pretext of law and order situation.The petitioner alleged that ‘verbal instructions’ werte issued by the authorities for not releasing the movie which was patently illegal, unwarranted and arbitrary exercise of power.It has also claimed that the move violated their right to freedom of free speech and to trade as enshrined under the Constitution.
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Bombay HC asks woman cop to move Tribunal for leave to undergo sex-change

The Bombay High Court today refused to hear a petition filed by a 28-year-old police constable seeking a direction to the Maharashtra DGP to grant her leave to undergo a sex-change surgery and directed her to approach the Maharashtra Administrative Tribunal (MAT).Lalita Salve, who now prefers to be called Lalit, had sought a month’s leave to undergo the sex reassignment surgery, but the request was refused by the Beed police authorities.She filed a petition in the high court last week, seeking a direction to the Maharashtra’s police chief to grant her leave for the surgery.A division bench of justices S C Dharmadhikari and Bharti Dangre today disposed of the petition and said this was a service matter and hence the petitioner will have to first approach the tribunal.The court refused to accept Salve’s lawyer Ejaz Naqvi’s contention that the matter also pertains to the fundamental rights of a person.”We do not think that the Maharashtra Administrative Tribunal would be unsympathetic to the petitioner’s grievances. We have never seen in any case the tribunal brushing aside matters without proper application of mind and without hearing all the parties concerned,” the court said.According to the petition, Salve, born in June 1988, noticed changes in her body three years ago and underwent medical tests, which confirmed the presence of Y chromosome in her body.While men have X and Y sex chromosomes, women have two X chromosomes.”The petitioner later undertook counselling sessions with psychiatrists at the state-run J J Hospital. The doctors detected that she had a gender dysphoria abnormality and advised her to undergo a sex reassignment surgery, if she was willing to and was of sound mind,” the petition said.Subsequently, Salve approached senior police officials and sought a month’s medical leave to undergo the surgery.”Last week, the superintendent of police (SP) of Beed district informed the petitioner that she could not undergo a sex reassignment surgery and refused to grant her leave,” the petition said.It contended that the said decision of the Beed police authorities was violative of the petitioner’s fundamental rights.
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No pre-judging: SC junks petition against Sanjay Leela Bhansali

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court on Monday junked a petition that sought criminal charges against Padmavati’s director Sanjay Leela Bhansali for allegedly defaming the legendary Hindu queen’s character. The court said it did not want to pre-judge the movie as it was still pending before the censor board.This comes amid widespread protests by groups — claiming to represent the Rajput community — against the movie that has deeply divided chief ministers in several states. A bench led by Chief Justice Dipak Misra said that the matter was still pending before the Central Board for Film Certification (CBFC) and it was too premature to be decided by it (the court). The bench — also comprising Justices AM Khanwilkar and DY Chandrachud — said that it did not want to pre-judge the film.The petition had been filed by advocate ML Sharma who said Bhansali defamed the queen by portraying her as a dancer.The apex court, however, disagreed with him and said that no case was made.Protesters who have issued threats against the director and actors say the depiction of romance between Padmini and Delhi Sultnate ruler Alauddin Khilji insults the Rajput community. The film’s makers have been denying allegations of any distortion of history. Historians have also been divided over whether the queen ever existed.During the brief hearing, Sharma objected to songs already released by the production house as part of its promotional strategy. “Half the movie has already been released and without any proper certification,” Sharma argued.To this, senior advocate Harish Salve, representing the film, responded that the process for certification is on and all appropriate paperwork was in order for the material that is already on air. The production house has deferred the December 1 release of the movie.But trouble for the movie continues. A Varanasi court directed the local police to register an FIR against Bhansali for “insulting the religion, selling or printing defamatory matter and public mischief.” Petitioner Kamlesh Chandra has sought a ban on the film and action against its makers for depicting the character of Rani Padmavati in poor light which has “hurt the sentiments of Indians.” The court issued summons to Bhansali who was also attacked on sets in January by a Rajput organisation.

Hindus’ hearts too ought to be big: Kamal Haasan

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Actor Kamal Haasan has said that he would return the money he received as a donation for his about-to-be-launched political party since it would be illegal to receive funds at this stage.”I have started receiving letters and money from the public. But it will be illegal to receive funds. Moreover, I cannot keep it idle. Hence I am sending back to every individual separately,” he wrote in his latest column in Tamil weekly magazine.”Don’t think that I’m stepping back. I want to create proper infrastructure before accepting the money,” he added.”The moment people started sending the money itself, the political party had begun. But I need to create proper infrastructure so that even after me, this movement should continue. If I do not create such an infrastructure, troubles will crop up here too,” he wrote. He also said his fans have spent Rs 30 crore so far “for the welfare of people”.He also asked Hindus to be big-hearted and embrace the minorities. “Hindus are in a majority. They have the responsibility of an elder brother. When Hindus say we are big, their hearts too ought to be big. They should embrace others and correct them if they do wrong. We’ve given courts the responsibility to punish people. Let them do that.”Meanwhile, Madras High Court on Thursday heard a petition seeking an FIR against him for his Hindu terror remarks. Justice M Ramesh directed the public prosecutor to get instructions from the police authority concerned and adjourned the petition by a week. Petitioner G Devarajan, a resident of Perambur and registered advocate clerk in the high court, said a Tamil magazine published an article penned by Kamal Haasan in the first week of November branding Hindus as terrorists.As his last column whipped up a debate and also defamation suit as well as death threats, Kamal Haasan has once again clarified that he did not write “Hindu terror” but it was wrongly translated so. “This word (Hindu Terrorism) was used by Congress which is against the BJP. I only mentioned that extremism is spreading but did not use that English word. However, I stand by my statement. It is not a crime to file a case,” he wrote in his latest column.HINDU TERROR ROWA plea seeking direction to police to register an FIR against actor Haasan for his alleged comments on ‘Hindu terror’ in a Tamil magazine has been filed in the Madras High Court.
According to the petitioner, G Devarajan, Haasan, by making such statements, is trying to brand Hindus as terrorists.
“The actor should understand that no religion preaches violence but only peace. The actor with vested interests is trying to divide the Tamil comm-unity on basis of religion,” the petitioner said.

EC seeks time for its stand on GCCI’s plea

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat Chambers of Commerce and Industry (GCCI) has challenged the Election Commission’s (EC) Election Expense and Monitoring Manual, in which it has given ample power and Standard Operating Procedure (SOP) of the Static Surveillance Team to check and seize cash. When the matter came up for hearing before the first division bench court, the EC sought more time for its stand.GCCI, through a petition, has challenged the Election Commissioner’s Expense Manual. Petitioner’s contention is that SOP is in violation of the fundamental rights of the citizen, it is absolutely illegal, ultra vires and interference into one’s privacy and right to life.Petitioner’s say is that Static Surveillance Team (SST) is given power to create check posts, check each and every vehicle and if any cash is found without supportive documents, it can seize the same and later hand over to either the treasury or if the amount is beyond Rs. 2.5 lakh in cash, it would inform the Income Tax department.When the petition was heard, the first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi questioned the motive behind the petition at this stage, as already one such petition is pending before the court. The petitioner claimed those directions are not implemented in toto and hence they had to approach the court again.Appearing for the EC, senior counsel Percy Kavina submitted he will need to take instructions from the Commission on the issue, as such petition is pending before the SC. He also said that he needs to find if the Commission would like to file reply in this petition or will be requesting the SC for priority of the pending petition.

Anandpal encounter case: Not investigative, says CBI

<!– /11440465/Dna_Article_Middle_300x250_BTF –>SOG has received great relief in the case of Rajasthan’s one of the most controversial Anandpal encounter case. The CBI admitted in High Court that the case is not investigative and refused probe in this case. After the furious protest by the Rajput community, a letter was sent to the CBI recommending investigation in the matter by the government. On Wednesday, Rajasthan High Court has given the freedom to the petitioner, gangster Anandpal’s wife Rajkanwar saying that she can again plea in the District and Session Court, Churu. Advocate of the CBI, Sachin Acharya, submitted the reply to the court of Justice Sandeep Mehta. He said that the letter sent by the Rajasthan government in which the FIR No. 190/2017 Ratangarh Churu and FIR No.13/2017 have been refused for probe by the CBI saying that this case is not investigative. CBI has denied probe in both FIRs in its report in the High Court.Denial of probe: An advocate of the petitioner, Gordhan Singh, appealed that high court should investigate on its own level but the High Court has denied this. Keeping the side of the government, Additional Advocate General, Shivkumar Vyas told that the SOG and police department have done fair research on the case.The Rajasthan government got a sigh of relief from this. During the hearing in the High Court on Wednesday, Additional Superintendent of Police, Dr Sanjiv Bhatnagar, Additional Superintendent of Police Karan Sharma and Inspector Survey Singh were also present in the court. The Rajasthan High Court has given relief to the petitioner. She can again go to the district and sessions court.The SOG officials are feeling relieved after the CBI refusal.Probe puzzleThe CBI admitted in High Court that the case is not investigative and refused probe in this case. After the furious protest by the Rajput community, a letter was sent to the CBI recommending investigation in the matter by the government. On Wednesday, Rajasthan High Court has given the freedom to the petitioner, gangster Anandpal’s wife.

EC’s response to Kejri’s plea, challenging its order, sought

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A notice was sent to the Election Commission of India (ECI) on Monday, seeking its response on a plea filed by chief minister Arvind Kejriwal, who challenged the ECI order to lodge an FIR against him on charges of bribery during the Goa Assembly polls.Justice Indermeet Kaur sought the reply on the petition, which alleged that the CM’s right to free speech was being curtailed due to the ECI order, passed on January 29. While listing the matter for February 2 next year, the court said Kejriwal had approached the court very late.During the proceedings, the counsel appearing for the poll panel said the FIR was registered on January 30, as per the EC directions.The incident allegedly took place during campaigning for the Goa Assembly elections. In a series of rallies between January 7-8, Kejriwal appealed to the voters to “accept money from Congress and BJP candidates, but vote for Aam Aadmi Party (AAP)”.Following this, Satish Upadhayay, former president of Delhi BJP, registered a complaint to the EC, accusing the CM of violation of Model Code of Conduct. Thereafter, the poll panel directed that a complaint be lodged against the AAP leader, under the provisions of the Representation of the People Act, dealing with bribing voters, and relevant sections of the Indian Penal Code (IPC).In the plea, Kejriwal said the statements made by him were largely misinterpreted. He also said the EC’s direction was like a gag order against him.Earlier, the Commission had censured Kejriwal for violating the provisions of the Model Code of Conduct, he said.”The order infringes upon the Petitioner’s Fundamental Right of speech and expression, as promised under Article 19 of the Indian Constitution. The petitioner, being a political activist, censuring him made him incur a huge setback because of his inability to take part in political rallies and thereby hindering his bonafide activism towards a bribe-free and corruption-free society,” the petition said.

OBC quota: Supreme Court reserves order on Rajasthan plea

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Supreme Court on Monday reserved its order on plea filed by the Rajasthan government against HC order which has restrained the state government from enacting the Bill which grants five per cent reservation to Gujjars and four other castes in Rajasthan. The Bill was passed by the Assembly last month.A Bench of the Apex Court, headed by Chief Justice of India Deepak Misra, Justice AM Khanwilkar and Justice DY Chandrachud reserved the order on appeal filed by Rajasthan government. During the course of hearing state Government said that Government has power to pass such a bill and Court cannot interfere with the legislative process. Petitioner who challenged the bill in HC said that Rajasthan government had violated Supreme court order of maintaining status quo.On last Thusday, Rajasthan High court said since the Supreme Court had already asked the state government to maintain status quo after the 2015 Gujjar reservation Bill was struck down by Rajasthan High Court, “it will not be appropriate to allow the state government to do anything contrary to the Supreme Court’s order and they are restrained from acting upon the Bill.” The Rajasthan Backward Classes (Reservation of Seats in Educational Institutions in the State and of Appointment and Posts in Services under the State) Bill, 2017, which was passed on October 26 this year, sought to increase OBC quota from 21 per cent to 26 per cent, and create a separate category of ‘More Backward Classes’ for Banjara, Gadiya Lohar, Gujjar, Raika and Gadariya castes, giving them a five per cent reservation.Ganga Sahay Sharma, the petitioner who had approached the Rajasthan HC against the Bill, said the state government introduced reservation Bills for Gujjars in 2008 and in 2015; both were quashed by the high court, mainly because they exceeded the 50 per cent reservation limit set by the apex court. With the state government bringing a Bill which would result in reservation again exceeding the 50 per cent cap.

Why no 3rd gender option in aviation hiring forms, asks SC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Alleging discrimination, a transgender filed a petition in the Supreme Court after her dream of being a cabin crew with an airline was cut short. Acting on the petition, the top court issued a notice to the Civil Aviation Ministry and Air India — who denied her the job.The bench, led by Chief Justice Dipak Misra, sought a response from the aviation ministry on why there is no “Third Gender” category in recruitment forms.To gain experience and bolster her resume, Shanavi Ponnusamy, an engineering graduate, worked with Sutherland Global Services and the Air India Customer Support in Chennai.Earlier this year, Ponnuswamy applied for the position of a cabin crew advertised by Air India. The Chennai resident, who was born a male, believed she fit the eligibility criteria since by then she had already undergone successful sexual reassignment surgery from Bangkok.“The petitioner pursuant thereto, applied for the said post, as she fulfilled the eligibility criteria. She applied in the female category. The petitioner received the call letter for the GD and PAT and also appeared for the said tests. The petitioner has taken four attempts so far but unfortunately she has not been shortlisted for the post in question even though she fared well in the tests conducted,” her petition read.Despite all attempts, Ponnuswamy was rejected. In response to a representation the petitioner sent to the PMO, the Ministry of Civil Aviation informed the petitioner that there was no transgender category at the time of application in the recruitment policy and as such her case is closed.“That the petitioner has learnt that she has not been able to make the cut on account of the fact that she is a transgender and the vacancies in the cabin crew are earmarked only for women,” the petition said.“The main problems being faced by the transgender community are of discrimination, unemployment, lack of educational facilities, homelessness, and lack of medical facilities. Transgenders have very limited employment opportunities,” she alleged in her petition.

Consider accommodating transgender officer: Delhi High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A transgender Navy officer, who was ousted out of service for undergoing a sex change operation, on Monday knocked the doors of the Delhi High Court which asked the Centre to consider his plight and accommodate him for some alternative stream. A bench of Justices GS Sistani and V Kameswar Rao asked the Centre to think over the issue and come out with a solution considering the present case as“out of the box”.“This falls in a special domain. Imagine if she had suppressed the information, then it would have been dangerous,” the bench said, adding, that she can be penalised for indiscipline but something could be done to accommodate her. Appearing for the Centre, Additional Solicitor General Sanjay Jain said that this is a matter of policy decision and the Navy is the best placed to see if they can accommodate the female sailor.“Here the question is not about transgenders. Its a case of whether a woman can continue as a sailor,” Jain said. The court was hearing the petition filed by the transgender sailor posted onboard INS Eksila at Visakhapatnam. It said that the petitioner can give up his claim for the job of a sailor and may accept a clerical position so that the family, comprising aged parents, the individual’s wife, and child, need not suffer.While hearing the plea, where the sailor had challenged an order of October 6, the bench said, “the mindset should change. In today’s situation, a medical condition like this cannot be suppressed.”ASJ Jain informed the court that the petitioner has a history of indiscipline and at several instances, had been absent from duty without prior information. Hence, giving an alternative work would block a seat. The court, while stating that they would not get into the territory of the Navy, but ask them to consider the situation. In her plea, the petitioner had claimed that she was suffering from gender identity issues since 2011 and when she told her parents, they forced her to marry a woman.

Delhi HC asks Indian Navy to consider giving alternate job to cadet, who was dismissed for undergoing sex change

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court on Monday asked the Centre to consider giving an alternate job to a transgender sailor who was removed from service after sex change, terming it an “out of the box situation”.”You can punish her for indiscipline, but at the same time you can accommodate her,” a bench of Justices G S Sistani and V K Rao suggested to Additional Solicitor General Sanjay Jain, who appeared for the Centre and Navy.Calling for a change in mindset, the bench said the instant case was probably the only one of its kind in the armed forces and asked the Navy to consider the transgender for some other job.”Here is an opportunity to look at it from a different perspective. It is an out of the box situation. It maybe a first of its kind situation.”Here is a person struggling with gender identity. Had she suppressed the condition and continued, it would have been dangerous. It could have been fatal. Think about it and come back,” the bench said and listed the matter for further hearing on November 23.The court said that while the person deserved to be punished for indiscipline for being absent without leave, but where there was a medical condition of this sort, it may be seen from a different perspective.During the course of the hearing, the bench said, “the mindset should change. In today’s situation, a medical condition like this cannot be suppressed.” The court was of the view that the petitioner, who was posted onboard INS Eksila at Visakhapatnam, can give up claim for the job of sailor and may accept a clerical position so that the family, comprising aged parents, the individual’s wife and child, need not suffer.ASG Jain and central government standing counsel Anil Soni, who also appeared for the Navy, told the court that the individual in question “had a chequered history of indiscipline” for being absent without leave several times.However, they agreed to take instructions on whether the instant matter can be taken up as a special case.They also told the bench that the individual had got badly infected after undergoing sex reassignment surgery and it was the Navy which treated her humanely and provided treatment and counselling to her.The lawyers said that one seat in another branch or department of the force cannot be blocked for such an individual who also suffered from psychiatric and gender identity problems.They further argued that since the petitioner was a female now, she cannot be employed as a sailor in the Navy as that position is not open for women.The ASG said the simple question before the bench was whether a woman, and not a transgender, can be appointed as a sailor on a ship as the petitioner was now a female.The petitioner had challenged the October 6 order of the Navy removing her from service.She had claimed that she was suffering from gender identity issues since 2011 and when she told her parents, they forced her to marry a woman.She further claimed that she was absent from service without leave several times as she suffered bouts of depression, owing to her gender identity issues.

Cops must ensure actions do not affect citizen’s dignity, reputation: Bombay HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Police should refrain from casting aspersions on the character of victims, complainants or their families while probing a case, the Bombay High Court has observed.A bench led by Justice SC Dharmadhikari, in a recent order, said that a police official must display sensitivity and maturity to ensure that his or her actions do not affect a citizen’s dignity and reputation.The observations came while the bench was hearing a petition filed by a city resident seeking that the Mumbai police be directed to trace his brother, who went missing two years ago.As per the plea filed last year, the petitioner’s brother, a customs house agent, left home one morning in October 2015, never to return. A missing persons complaint filed with the police yielded no results. Therefore, the petitioner approached the HC seeking its intervention.The Pydhonie police station that was probing the case, informed the court that while it was trying its best, it was grossly understaffed.Accordingly, Justice Dharmadhikari passed an order in October last year transferring the probe to the Mumbai police’s crime branch.However, during a hearing last week, the court was informed that even the crime branch had made little progress in the case in the last one year.The petitioner said that the crime branch had ignored his suggestion that a former colleague of his brother be questioned since she had received about 50 phone calls from his brother the day before he went missing.The crime branch on the other hand told the court that it suspected that the petitioner’s brother had left the house of his own accord.The crime branch said that the petitioner’s brother was addicted to alcohol, and that because his son had died a few years ago, he remained frustrated and sad all the time.”He was addicted to drinks. His addiction and his vices frequently resulted in disputes and quarrels with his family members, including his wife.”The suggestion is that on account of these frequent disputes and the untimely death of one of the sons, the missing person out of sheer frustration, has left the place of residence and work and is hiding himself,” the crime branch said.The petitioner however, vehemently disputed the submission and the court agreed that the crime branch must not proceed with such assumption.”The petitioner’s brother is praying that the investigating machinery should try and trace out his missing brother. The family suffers if such aspersions, as are cast by the investigating machinery, find place in the court records or in public documents,” the bench said.”Eventually, everybody has dignity, reputation and self respect to preserve and protect. We expect investigating officers to be mature and sensitive enough not to indulge in such acts in future,” it said.The court has now suggested that the crime branch also should take help from the Gujarat police since the petitioner’s brother belonged to Gujarat.

593 schools don’t admit kids under RTE: state

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The state government, in its reply before the Supreme Court, has accepted that 593 schools did not conduct admissions under Right to Education (RTE). The matter is scheduled for hearing on Wednesday.The bench of chief justice Dipak Misra, justice AM Khanwilkar and justice DY Chandrachud is hearing a petition filed by RTI activist Sandeep Munjyasara, wherein the petitioner alleged that there were a lot of lacunae in the online admission process. He also said that seats available under the RTE were disclosed in a transparent manner, so parents never get a real idea of how many seats are available in the nearest schools.Of these schools, 13 were minority schools, 139 schools have already closed down, there are some 365 schools without a student in Class I and some 76 schools where the strength is low.The state has also accepted in its affidavit filed on September 19 before the Supreme Court that Google Maps was not showing the right location of some schools, because many students were offered schools some 6 km from their residence.Notably, as per the RTE act, student should provided admissions within a kilometre radius from his/her residence.Interestingly, the state has claimed that there were 9,288 schools, whereas before the High Court, it said that there were 8637 schools. But a March 15 data on the education department’s portal stated that there were 8,700 schools. The same number increased to 8,899 on April 06. Whereas on October 3, the website showed the figure to be 8,696, said the petitioner in rejoinder raising questions on the state government’s affidavit.The petitioner’s public interest litigation was dismissed by the high court in July, which said that that there was no need for any direction to the state government as it had rectified the online problem. Aggrieved with this decision, the petitioner had challenged the order in the Supreme Court.

HC quashes externment order, allows man back into city

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court set aside the externment order passed by the Assistant Commissioner of Police, East district, and later upheld by the then Lieutenant Governor (L-G) of Delhi, against a person who had been externed from the limits of the NCT – National Capital Territory – for two years. The court held that the accused posed no hazard to the safety of the community.”This Court is of the opinion that there was no sufficient reason to believe the petitioner is so desperate and dangerous that his presence in NCT or any part thereof would be hazardous to the community and its safety. Both the orders referred to above, suffer from the vice of non application of mind…” Justice Ashutosh Kumar said.The court’s direction came on a plea filed by one Surender alias Chhinda where he had challenged the order of the ACP, Gandhi Nagar following an externment request of the Station House of the Geeta Colony.The ACP had moved the proposal for externment alleging that the materials on record revealed that there were reasonable grounds to believe the petitioner was engaged in various offences punishable under the IPC, Arms Act, Gambling Act and Delhi Police Act.He also claimed that the movements and acts of the petitioner were “calculated to cause alarm, danger and harm to person and property and his presence in Delhi or any part thereof is hazardous to the community.”The proposal for externment also included the fact that witnesses are not willing to come forward to depose against the petitioner because of the fear of reprisal.However, the petitioner Surender denied all the allegations and said that no case has been registered against him after 2014 and he has been falsely implicated in the earlier cases.While setting aside the order, the court observed that an externment order brings in societal and personal deprivation and is a great blow on the finances of the externee.WHAT IS EXTERNMENT?It is an order passed against a person, or a group of persons when one has reasonable suspicion that their presence could cause danger in the area. Such person/bodies of persons are ordered to remove themselves from the area

Man seeks probe into corruption of Vadodara Police

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A public interest litigation, pleading an independent inquiry into a bootlegger’s diary that contains details about bribe being paid to police officers, was filed in August. The petition had said the diary was recovered during a raid at a bootleggers residence in August.One Praful Desai, of Jagate Raho Party in Vadodara, has filed a PIL in connection with the recent police raid under the Pani Gate Police station area. During the search, the cops had recovered a dairy which contains details about how much bribe was paid to which police officer.The petitioner also claimed that though the police are inquiring into the diary, hardly any action was taken. Desai also alleged that the police commissioner has not pursued a thorough inquiry in a time-bound manner.The petitioner also contended that this was a clear case of generating black money and, when there is a prohibition in the state, it is the police department’s duty to ensure its implementation. However, this incident seeks the court’s intervention.The petitioner also pleaded that a retired judge should head the case and look into the diary and decide the course of action. The inquiry report should be tabled before the high court within two months, Desai pleaded.The matter came up for hearing before the first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi on Friday. After hearing the petitioner, the court instructed Assistant Government Pleader Dharmesh Devnani to take instruction from the state government and decided to have another hearing in next week.According to the petition, Vadodara city police had conducted a raid at bootlegger Vikram Chawda’s home on August 25 and seized IMFL worth Rs. 2.19 lakh worth. When the police raided Vikram and his three other associates had fled away. But, during search, a diary was found which carried bribe amount details. DIARY CONTENTRs 15,000 Jenulbhai (DCP) Rs 2,00,000 Vikramsinh (DCP) Rs 1,00,000 DCP Rs 2,00,000 DCP Rs 1,00,000 DCP

Part of city for years, Hebatpur cries for AMC’s attention

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The people of Hebatpur were offered a dream when their village was incorporated in the Ahmedabad Municipal Corporation (AMC) limits a few years ago. However, the reality is a tragic tale where muddy roads and peeled-off surfaces have reduced all hopes to ashes.Shivangi Vaidya, whose child studies at the Euro school in the villages, had sought the high court’s intervension through a public interest litigation (PIL) petitioner, reminding AMC to provide the basic services.After Vaidya alleged that the roads leading to her village and the beyond the railway crossing are in poor state, first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi issued notice to the civic body.According to the petitioner’s advocate, Mukesh Vaidhya, the roads leading to the Euro school is unpaved and needs immediate attention of the civic body to avoid accidents. The children and the parents face a lot of trouble while dropping their kids to the school, the plea alleged.The villagers, who are also facing the same plight, are unable to take up the issue, the petition said, adding that it is the AMC’s primary duty to provide basic services. The petitioner has pleaded the court that it direct the civic body to immediately repair the roads of the village.CIVIC WOESAlthough Hebatpur was added to AMC limits a few years ago, residents are denied of basic amenities like good roads.
The petitioner has pleaded the court to ask the civic body to immediately repair the linking roads to the village.

Give employee pension: HC to govt

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat High Court has directed the state government to release the pension of an employee who had served the state since 1979 and retired on May 31, 2016 on reaching superannuation.The single bench Justice SG Shah in an interim order on Monday has directed the state government to release pension and post retirement benefits to Deepak Bhatt, who had joined state’s health department as a sanitary inspector, within four weeks from the order.It also ordered the state that out of the total amount payable to Bhatt, it can deduct Rs 9,42,270 towards the disputed amount and the same should be deposited with the high court.The Court, in its interim order, also made it clear that the petitioner’s claim for higher interest rate on pension and retirement benefit would remain in force and that the government would be liable to pay him with a higher interest rate, whenever the petition is decided.Bhatt had approached the court in April 2017 with a prayer to direct the state to release his pension and retirement benefits withheld since June 2016. The state government’s stand is that the petitioner was paid higher pay grade on completion of nine years and in the year 1994 through an order asked the petitioner to repay the amount of Rs 9,42,270 in one go. The state had also threatened that pension amount will be finalised only if this amount is repaid.Court has sought service record of the employee along with the detailed reply before November 28, when the matter is kept for further hearing.Citing Supreme Court order that says, “Pension is the property of an employee, which he has earned. And, therefore, it can’t be withheld by such an administrative order and that too without giving reasonable opportunity and reasons to the retiree,” the high court observed that the state should note that there is no case, either judicial or departmental inquiry, pending against the petitioner.Hence recovery of amount in the name of excess amount paid to him during service is arbitrary, unwarranted and resulting into material irregularities, it said.PAY DISPUTEBhatt had approached the court in April 2017 with a prayer to direct the state to release his pension and retirement benefits withheld since June 2016.
The state’s stand is that petitioner was paid higher pay on completion of nine years, and in the year 1994 through an order, asked him to repay the amount of Rs 9,42,270 in one go.

Contempt notice against Raj home secretary, CBI director and others

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Rajasthan High Court has issued a contempt notice against senior officers of the Central Bureau of Investigation (CBI) and the Rajasthan home department on Friday for failing to respond on a precious order to have an in-custody death being investigated by the central bureau.A contempt petition has subsequently been filed by relatives of the deceased and the court sought justification from the officials for non compliance of its previous orders.Those to have been issued notices include the director of CBI, the superintendent of CBI at Rajasthan, the principal secretary of home in the Rajasthan government, former DGP Manoj Bhatt and SP Sikar. The court has sought an explanation in three weeks.The case is related to the death of Balkesh Meena at Neem Ka Thana police station in April, 2017. Relatives of the deceased alleged that the police had kept Balkesh captive and had beaten him for three days before officially showing his arrest on April 10. “It was only after Balkesh was seriously injured and had to be admitted at a hospital that police showed his arrest, however, he unfortunately died due to injuries,” said Poonam Chand Bhandari, advocate of the petitioner.As the case is related to alleged torture and murder by officials of state police, relatives of the deceased had sought intervention of the court to have the case being investigated by the CBI. “It was on May 16 that the court ordered a CBI investigation into the case; the CBI director was to register a case and SP Sikar was to transfer the case files,” advocate Bhandari added.However, neither the central bureau nor the officials at state home and police department complied with the orders. A legal notice was sent to them on July 20 from the petitioner, which also went unconsidered, after which the petitioner moved a case of contempt of court.

Delhi High Court helps man get passport back

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A man whose passport was revoked by the Regional Passport Office (RPO) on charges that he had concealed information about the origin of his parents belonging from Tibet has been given his passport back by the Delhi High court after observing that the authorities have conducted themselves in a callous manner.“The respondents (passport authorities) have acted not only contrary to law but also in an unfair and a callous manner. The petitioner has been denied the passport facilities for now almost five years and on grounds, which can most charitably be described as illusory,” the court said in its 15-page order. According to the petition filed by Karma Gyaltsen Neyratsang, his passport facilities were withdrawn on the ground that the petitioner’s parents were of Tibetan origin and accordingly he was required to acquire citizenship of this country before being granted any passport. Neyratsang and his twin brother were born in Darjeeling, West Bengal. They belonged to the Bhutia Community of Tibetans and practise Buddhism. On June 29, 2012, he received a show cause notice seeking a reply as to why his passport should not be impounded. He replied stating that he was an Indian citizen by birth and not a Tibetan national thereby denying that he had concealed his Tibetan identity. However, the passport authorities revoked his passport citing a circular issued by the Ministry of Home Affairs which stated that children born to a Tibetan Refugee in India were not be treated as Indian citizen by birth and all such persons would have to make a separate application under relevant section of the Citizenship Act, 1955. On August 19, 2014, the Chief Passport officer revoked the passport. This was challenged in the court and the matter of Neyratsang twin brother, who was facing the same issues were tagged along. In a reply to the court, the authorities stated that the orders to revoke the passport were passed after receiving inputs from the Intelligence Bureau that the petitioners were involved in anti-national activities. The reply also statedthat the petitioner had bought a property using foreign funds. The court, however, observed that the authorities have been “shifting stands and the grounds on which the passport facilities have been denied have been modified more than once”.“There is no material to support the allegation the petitioner is not an Indian national,” the HC said. Origin of the storyNeyratsang’s passport facilities were withdrawn on the grounds that the petitioner’s parents were of Tibetan originHe was required to acquire citizenship of this country before being granted any passport The court, however, observed that the authorities have been ‘shifting stand’

HC directs Chennai CoP to probe irregularities in TNPSC exams

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today directed the city Commissioner of Police to conduct investigations on alleged malpractices in Tamil Nadu Public Service Commission exams based on complaints and submit a detailed report. Justice SM Subramaniam before whom the petition filed S Swapna, a transgender, came up for hearing, after giving the direction to the police Commissioner, posted the matter for further consideration to September 11. The matter relates to a notification dated July 10, 2015, against which the petitioner applied to the post under Group-I services and cleared the preliminary examination. Thereafter she appeared for the main written examination conducted on July 29, 30 and 31, 2016. However, to her shock, she was not declared successful, the petitioner submitted. Also, she said she sought a copy of her answer sheet under the RTI Act but it was denied. The petitioner further said, meanwhile, confirming her fear of massive malpractices in the TNPSC, a private Tamil television channel aired a programme alleging rampant corruption. It had alleged that blank unanswered pages were surreptitiously removed and corrupt candidates were permitted to fill the same and then they were inserted into the main answer books, the petitioner submitted, quoting the TV channel. Further, there was no marking of marks on the actual answer sheets but only in a separate OMR answer valuation sheet, the petitioner claimed. The channel had also claimed that it had copies of the original answer sheet and further it made a complaint to the chief minister’s cell and the city police Commissioner, the petitioner said. Apart from the representation given by the transgender, complaints were filed by TNPSC and the TV channel in this regard.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC issues orders to implead TN speaker on PIL

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court here today ordered that the state assembly Speaker be impleaded as a respondent on a PIL seeking disqualification Chief Minister K Palaniswami and four other ministers for allegedly violating provisions of the Constitution. Justices K K Sasidharan and G R Swaminathan of Madurai Bench had earlier asked the Speaker to file his counter on the PIL, but as he did not respond, they ordered him to be impleaded as a respondent. They also ordered issuance of notice to the Election Commission and posted the case for hearing on September 6. Petitioner T Anazhagan, a son of former AIADMK MLA Tamaraikani, submitted that the party’s spokesperson, Gowri Shankar, had on February 22 in an interview to a private TV channel said the government would be run “on the advice and guidance of AIADMK General secretary Sasikala,”, adding no minister had denied his statement. Besides on February 28 four ministers — Sellur K Raju, R Kamaraj, K A Sengottaiyan and G Srinivasan — had admitted that they had met Sasikala in prison and had discussed the functioning of the government, he submitted. “This open admission confirmed Gowrishankar’s statement that the government was being run as per the advice of Sasikala. The action of the ministers and their statement that they were being guided by Sasikala, who is a convict, is against Article 188 of the Constitution (oath or affirmation by members) and violation of the oath of secrecy,” he contended. The Chief Minister also had not given any view against the statement of the ministers, nor had he denied it. The petitioner sought the intervention of the court and an order disqualifying the chief minister and the ministers. The petitioner also prayed for a direction to the speaker and secretary of the state assembly to do the same.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC posts PIL for orders on August 18

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today directed the government as well as counsel for a petitioner to produce the original answer sheets as claimed by both sides on a petition seeking cancellation of a Tamil Nadu Public Service Commission exam over alleged malpractice. Justice SM Subramaniam then posted the matter for August 18 for orders. The judge also directed both parties to produce the documents before the court on that day. In her plea, Swapna, a transgender said she sat for the preliminary and main examinations held by TNPSC last year to select candidates to various posts in the government service. She passed the exam. However, in view of issues like category of reservation under which transgenders must be included had to be resolved and hence her appointment was withheld, she submitted. Under such circumstances, she came to know that PMK had staged an agitation claiming malpractice in the exam. Also, a private Tamil TV channel had alleged rampant corruption. It had alleged that blank unanswered pages were surreptitiously removed and corrupt candidates were permitted to fill the same and then these were inserted into the main answer books, the petitioner submitted, quoting the TV channel. She raised several questions, including how original answer sheets were leaked and said she had already sent a representation to the TNPSC. Stating that TNPSC was conducting interviews (to finalise candidates), the petitioner sought cancellation of the main written exam in which the petitioner participated and to conduct it afresh in a transparent manner. Earlier, the court had directed the city Police Commissioner and the Tamil TV channel to implead in the plea. The judge today ordered notices to them.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Duty of every institution to help disabled persons: SC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>It is the duty of every institution to extend a helping hand to disabled persons, the Supreme Court today said. The observation by the apex court came while hearing a thalassaemia patient’s plea claiming that she falls under the category of persons with benchmark disability as prescribed under the provisions of the Right of Persons with Disabilities Act, 2016. A bench of Justices Dipak Misra and A M Khanwilkar directed the Chhattisgarh government to constitute a medical board to ascertain whether the petitioner, Sruchi Rathore, would fall under the the ambit of the Act. “It is directed that the State of Chhattisgarh shall instruct the competent authorities to constitute the requisite medical board within two days and the petitioner shall be examined on August 16, 2017. “The result of her examination shall be produced before this Court on August 18, 2017. It has to be borne in mind that it is the duty of every institution to extend helping hand in its command to the disabled persons. In case the petitioner passes the benchmark as per the 2016 Act, her case may be considered,” the bench said. Advocate Prashant Bhushan, appearing for the petitioner, said that her case should be considered as a person with disability for the purpose of admission to any medical stream. He also contended that under the Act, five per cent of the seats for the persons with benchmark disability, someone with not less than 40 per cent disability, are required to be reserved. The bench said that the “statutory command” of five per cent reservation for benchmark disability, “has to be followed in letter and spirit”. Thalassaemia, an inherited blood disorder, falls under the category of benchmark disability subsequent to the 2016 amended Act. The other newly added types of benchmark disability include mental illnesses, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and language disability, hemophilia, sickle cell disease, multiple disabilities, including deaf blindness, acid attack victims and Parkinsons disease.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC notice to Centre, TN govt on Maha Pushkaram arrangements

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court bench here today issued notices to the central and state governments regarding the arrangements for next month’s Cauvery Maha Pushkaram festival at Srirangam in Tiruchirapalli district. Hearing a PIL filed by International Sri Vaishnava Ramanuja Samrajya Sabha seeking proper arrangements for the Pushkaram to be held from September 12 to 24, Justices K K Sasidharan and G R Swaminathan sought a reply from the governments by August 16. The petitioner submitted that lakhs of people from all over India were expected to visit the holy town of Srirangam for the festival and wanted the authorities to make necessary arrangements. The Sabha, represented by its secretary Govinda Ramanuja Dasa, contended that there was a need to make the Cauvery riverbed safe as it had trenches and banks were full of ‘Seemaikaruvelam’ trees (Prosopis juliflora). Moreover, the petitioner said there were no basic amenities for pilgrims apart from medical facilities and there were no information centres for people coming from other states. The petitioner submitted that despite giving a representation to the authorities with regard to creating infrastructure, so far no arrangements had been made though only 40 days or so remained for the festival. Hence, the Sabha pleaded to the court to intervene and give directions to the governments for setting up proper infrastructure for pilgrims who would be visiting Srirangam. About the significance of Pushkaram, the petitioner submitted that the movement of Jupiter from one planet to another also meant Pushkar, who resides in the ‘kamandal’ of Brahma, moves to the river, to which the planet’s ‘rasi’ belongs. This year, Guru (Jupiter) shifts from Kanya to Thula, which is the rasi of Cauvery, and would be celebrated on a grand scale across the state, where the river flows. Since the phenomenon is happening after 144 years, it is called Maha Pushkaram, the petitioner said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

UP: HC orders CBI probe into GPF scam in Ballia district

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Allahabad High Court today asked the CBI to conduct an investigation into fraudulent withdrawal of several crore rupees from the general provident fund (GPF) accounts of teachers and other employees of intermediate colleges in Ballia district of Uttar Pradesh. A division bench comprising Justice Arun Tandon and Justice Ritu Raj Awasthi, while passing the order, asked the state government and the district administration to hand over all relevant records to the CBI and directed the probe agency to complete its investigation and submit a report within three months. The order was passed on a public interest litigation filed by Bhim Singh, a resident of Ballia, who had drawn the court’s attention towards the irregularities. The petitioner had also alleged that the money which was fraudulently withdrawn from the treasury, was diverted towards payment of salary and other emoluments to more than 100 “illegally” appointed teachers of the district. The petitioner had further contended that the state vigilance department, which was investigating the scam, had submitted a charge sheet against a number of officials then posted in Ballia, but no action had been taken by the government against them.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Guj HC junks PIL seeking poll candidates to submit documents

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat High Court today dismissed a PIL seeking court’s direction to the Election Commission to ensure that a candidate contesting election also submits documents in support of claims made in the affidavit. A division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi dismissed the petition on the ground that a Supreme Court’s 2002 judgement (in Union of India vs Association of Democratic Reforms case) did not contain direction regarding submission of documents. The court said that it cannot give new direction based on a few instances of fraud committed by elected representatives. The 2002 Supreme Court judgement had made it mandatory for a candidate to submit details regarding criminal offences, assets, liabilities and educational qualifications. Petitioner K R Koshti had submitted before the court that candidates looking to contest elections give false information regarding their details. The provisions of the Representation of the People Act, 1951, do not empower returning officers to check and cross verify any detail submitted by the candidate in the absence of documents supporting averment made in the affidavit submitted before a returning officer, the petition contended. Due to this, many candidates either file false affidavits or conceal important informations, it contended. The petitioner claimed that there have been several cases of “defective affidavits, fake degrees, false affidavits, concealment of important information by the returning candidates.” The petitioner also contended that to make the process transparent, the high court should direct Election Commission to ensure that a candidate also provides documentary evidences to support averments made in the affidavit.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC seeks TN minister’s reply to allegation of bribe demand

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today sought the reply of state Higher Education minister K P Anbalagan to a plea alleging that he demanded a bribe of Rs 13 crore from a contractor to give him a tender to construct polytechnics buildings. On the plea by Krishnagiri-based building contractor V Vengan, the bench of Justice M Duraiswamy also sought the explanations of the Public Works Department’s chief engineer, Higher Education Department’s secretary and its commissioner. The court issued them notices returnable in three weeks. The officials, who were issued notices are the part of a committee entrusted with the task of awarding the contracts. The petitioner submitted that the PWD chief engineer of Technical Education Circle at Guindy here had issued a tender notice on May 8 last, inviting bids for constructing new government polytechnic colleges at Madurai, Theni, Pudukottai, Villupuram, Vellore, Krishnagiri, Tiruchirappalli and Erode districts. While the last date for submission of the bids was June 9 with the tenders slated to be opened that very day, the chief engineer did not open them, he alleged. The only pre-qualification bid was opened on June 22 by the chief engineer and he (petitioner) was found to be qualified for the work, Vengan claimed adding the price bid was not opened. The petitioner further alleged that as per the advice of the PWD chief engineer, he had gone to meet the minister, who demanded 20 per cent of the total value of the contract work as commission, to award it to him. Stating that the minister had made an “illegal” demand for awarding the contract, the petitioner said he is not bound to pay any bribe. The petitioner then pleaded with the court to direct the PWD chief engineer to open the price bid for work numbers: 4, 6 and 10 only after informing him about the date and time. He also sought a direction to the committee to award the contract without consulting the minister.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Pak Court seeks CII’s opinion on petition against death by hanging

<!– /11440465/Dna_Article_Middle_300x250_BTF –> A bench of the Peshawar High Court has sought the opinion of the Council of Islamic Ideology (CII) and the Attorney General for Pakistan on a petition filed by a prisoner, seeking its orders for the government to introduce a less painful mode of execution than hanging. Jan Bahadur, kept at the Haripur Central Prison. filed the petition requesting the high court to declare hanging to death as un-Islamic and unconstitutional, while insisting it is painful and against human values. The petitioner requested the court to issue orders for ending the execution of death row prisoners by hanging as it is cruel, painful, un-Islamic and inhuman. Justice Lal Jan Khattak and Justice Abdul Shakoor extended the stay order against the execution of a death row prisoner Jan Bahadur, until the disposal of his petition. The bench asked the CII to explain its viewpoint on the petitioner?s prayer in light of Islamic injunctions. It also directed that the attorney general should explain the legal position on the points raised by the petitioner. Ends SC/AKS/AD NNNN ANI(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Madras HC adjourns plea seeking Prez nod for bills on NEET

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today adjourned hearing on a PIL seeking a direction to the central and state governments to obtain presidential assent for bills exempting Tamil Nadu from National Entrance-cum-Eligibility Test (NEET). The petition seeking a direction to the state health ministry and Union Human Resources Development Ministry on the issue, came up before a division bench comprising justices M Sathyanarayanan and N Seshasayee which adjourned it for further hearing to July 28. Petitioner P B Prince Gajendra Babu, general secretary, State Platform for Common School Systems, said the Tamil Nadu Admission to MBBS and BDS Courses Act, 2017 and Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Act 2017 were passed unanimously by the assembly providing for admission on the basis of class 12 marks. He said the urban as well as rural poor had no access, time and resources for intensive coaching for facing exams like NEET, for admission to medical and dental courses. “For lack of access and equality in opportunities the really deserving, intelligent and meritorious students are kept out of the race,” he argued. The petitioner said the two bills, after the governor’s assent, had been sent to the Centre last February for presidential assent. But, even after a lapse of five months, the Union Ministry of Home Affairs had not placed these bills for the consideration of the President, he claimed. The petitioner further said the authorities had a duty to forward the bills passed by the state legislature for assent of the President promptly in any event within six months. Referring to a Supreme Court judgement, he said admission to medical courses should be completed by August 31 every academic year and hence the bills should be placed for Presidential assent at the earliest. Counsel for the petitioner sought a direction to the state and central government authorities to obtain the presidential assent for the two bills. He also prayed for an interim direction restraining the state health department from proceeding with counselling for admission to UG medical courses for the academic year 2017-18.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Malegaon blast case: Plea in SC against bail to Sadhvi Pragya

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A petition was filed today in the Supreme Court challenging the Bombay High Court’s order granting bail to Sadhvi Pragya Singh Thakur, an accused in the 2008 Malegaon blast case. The plea has sought a stay on the high court’s April 25 this year order granting bail to her. The high court had granted her the relief saying there was “no prima facie evidence against her”. Petitioner Nisar Ahmed Haji Sayed Bilal, father of one of the blast victims, has alleged that Thakur was a “powerful person” and could influence the witnesses in the case. “The high court failed to appreciate that Sadhvi Pragya Singh Thakur is an influential person and is likely to wield her power and influence in an illegal and unlawful manner to tamper with evidence and influence witnesses,” he has said in the petition. The plea has claimed that there was ample evidence against her, and “her role, involvement and complicity in planning and executing the conspiracy for committing Malegaon blast is writ large on the case record.” “Thakur coordinated with a co-accused for providing explosives to her confidantes/absconding accused,” it has said. The petition has said that she had been denied bail by a special court in Mumbai several times in the years 2011, 2012, 2015 and 2016 on the ground that “a prima facie case is clearly made out against her.” Thakur was granted bail by the high court, which, however, had refused a similar relief to co-accused Lt Col Prasad Purohit. Seven people were killed in a bomb blast on September 29, 2008, at Malegaon, a communally-sensitive textile town in Nasik district of north Maharashtra. A Special MCOCA (Maharashtra Control of Organised Crime Act) court had earlier ruled that the Anti-Terrorist Squad had wrongly applied the MCOCA in the case against Thakur, Purohit and nine others. The 4,000-page charge sheet had alleged that Malegaon was selected as the blast target because of a sizeable Muslim population there. It named Thakur, Purohit and co-accused, Swami Dayanand Pandey as the key conspirators. The charge sheet had further alleged it was Pandey who had instructed Purohit to arrange explosive RDX, while Thakur owned the motorcycle which was used in the blast. Ajay Rahirkar, another accused, allegedly organised funds for the terror act, while conspiracy meetings were held at Bhonsala Military School in Nasik, it had said. Rakesh Dhawde, Ramesh Upadhyay, Shyamlal Sahu, Shivnarain Kalsangra, Sudhakar Chaturvedi, Jagdish Mhatre and Sameer Kulkarni were the other accused.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC notice to RBI as kidnapping accused wants seized money back

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat High Court today issued a notice to the Reserve Bank of India on a petition filed by an accused in a kidnapping case who wants Rs 2.5 lakh, seized by police before demonetisation, back in new currency notes. Justice A J Desai today issued notices to the RBI, Union Finance Ministry and registrar of district and sessions court at Banaskantha after the central bank declined to exchange demonetised currency notes when police approached it following an order of a lower court on March 24. Petitioner Kalpesh Patel was arrested on the charge of kidnapping before demonetisation was announced. Police had seized Rs 2.5 lakh and his motorcycle. Patel then approached the Banaskantha district and sessions court in January with the plea to release his money in new currency notes. The court, in its order dated March 8, had allowed his petition and asked police to exchange the currency notes with the RBI. Police approached the RBI with the money on March 24, but the latter declined to exchange the notes, saying that a Finance Ministry circular prohibited it at that stage. The RBI said the window was open only for NRIs. Patel then approached the lower court again but, as the matter was not urgently heard, he moved the High Court. The HC issued notices to the RBI, Finance Ministry and the registrar of the Banaskantha district sessions court. The matter will come up for hearing again on August 21.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Madras HC issues notice to Tamil Nadu EC for holding local body polls

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court on Tuesday issued notice to the state election commission and other officials in Tamil Nadu on a fresh petition by the DMK for holding local body polls within a time frame as may be fixed by the court.The petition was filed by DMK organisation secretary R S Bharathi.When it came up, Justice M Duraiswamy issued notices returnable by four weeks to officials including M Malik Feroze Khan, the state election commissioner. The others who were issued notices were the Chief Secretary, Secretary, Rural Development and Panchayat Raj Department, and Secretary, Municipal Administration and Water Supply Department.Senior advocate, P Wilson, who appeared on behalf of the petitioner, submitted that the counsel for the State Election Commission(SEC) had filed an affidavit before the Supreme Court that the elections would be held in July 2017.When the matter came up in the apex court, the counsel sought extension of time, but till date the state government has not taken any steps to go ahead and start the election process, he contended. He also cited the previous petitions filed by the DMK in this regard and the undertakings given by the Election Commission before the Supreme Court and high court.The petitioner said from time to time, the term of special officers were being extended by the state government.”The recent amendment to municipal laws extended the term of special officers up to December 31″, he said.”The net effect is that the state government is managing the constitutional bodies with the help of special officers under the garb of pendency of writ appeal and special leave petitions before the High Court and Supreme Court”, he added.He said the DMK had opposed the bills and extension of the terms of the special officers in the state assembly.The petitioner submitted a bill to form a delimitation commission was introduced in the assembly on July 10 solely with an intention to further delay the local body election process.The petitioner said he was aggrieved over the indefinite extension of term of special officers “by frequent passing of ordinances and government orders” and sought a direction to the state government and the SEC to hold local body polls within a time frame as may be fixed by the court.

HC issues notice to TN Election Commission on local body polls

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today issued notice to the state election commission and other officials in Tamil Nadu on a fresh petition by the DMK for holding local body polls within a time frame as may be fixed by the court. The petition was filed by DMK organisation secretary R S Bharathi. When it came up, Justice M Duraiswamy issued notices returnable by four weeks to officials including M Malik Feroze Khan, the state election commissioner. The others who were issued notices were the Chief Secretary, Secretary, Rural Development and Panchayat Raj Department, and Secretary, Municipal Administration and Water Supply Department. Senior advocate P Wilson, who appeared on behalf of the petitioner, submitted that the counsel for the State Election Commission (SEC) had filed an affidavit before the Supreme Court that the elections would be held in July 2017. When the matter came up in the apex court, the counsel sought extension of time, but till date the state government has not taken any steps to go ahead and start the election process, he contended. He also cited the previous petitions filed by the DMK in this regard and the undertakings given by the Election Commission before the Supreme Court and high court. The petitioner said from time to time, the term of special officers were being extended by the state government. The recent amendment to municipal laws extended the term of special officers up to December 31, he said. “The net effect is that the state government is managing the constitutional bodies with the help of special officers under the garb of pendency of writ appeal and special leave petitions before the High Court and Supreme Court.” He said the DMK had opposed the bills and extension of the terms of the special officers in the state assembly. The petitioner submitted that the a bill to form a delimitation commission was introduced in the assembly on July 10 solely with an intention to further delay the local body election process. The petitioner said he was aggrieved over the indefinite extension of term of special officers “by frequent passing of ordinances and government orders” and sought a direction to the state government and the SEC to hold local body polls within a time frame as may be fixed by the court.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Can IIT withhold result? SC on student charged with sexual

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court has said it will examine whether an IIT can withhold the results of a final-year student, who was terminated after being held guilty in a sexual harassment case. A bench of justices S A Bobde and L Nageswara Rao issued notice to the Centre and IIT-Kanpur on the plea of the student, who challenged the Allahabad High Court order dismissing his plea. Advocate Manu Shanker Mishra, appearing for the petitioner, said the results of the final semester should be given to the student as the delay is jeopardising his career. The petitioner, before being terminated, was a final-year student of Department of Physics after being admitted to the institute in July 2012. He was expelled from the institute in April 2016 after he was found guilty of sexually harassing a girl student. The 23-year-old B.Sc Physics girl student had accused her senior of sexually harassing her for two years after which the college administration had forwarded the matter to the Women’s Cell. The cell found the accused guilty and he was expelled later. He claimed that the Women Cell never gave the copy of the complaint made by the girl to him and did not even consider his reply. “The charges levelled against the petitioner were absolutely vague and were incapable of being replied properly. However, the petitioner gave replies to all the charges and he also tried to support his defence by introducing a large number of documents and a list of students who would appear as witnesses in the inquiry in support of his defence,” he said. The student claimed that the findings of the Internal Complaint’s Committee were also not made available to him by the Women’s Cell. He said that the report of the Women’s Cell together with the minutes of the meeting of the Senate Students’ Affairs Committee of March 30, 2016 were placed before the Academic Senate for its consideration on April 5, 2016 and were ratified and he was terminated. “The Academic Senate did not give a copy of the report to the petitioner and it also did not give him any show-cause notice asking him to appear before the Senate for hearing. “No opportunity of hearing of any kind whatsoever was afforded to the petitioner either by the Senate Students’ Affairs Committee or by the Academic Senate before the aforesaid decision of terminating the academic programme of the petitioner was taken by them,” he said. The student claimed that his defence was not considered at all by the authorities at any stage of the proceedings and “there was sufficient material supplied by the petitioner so as to demonstrate that the complaint that was made against him by the female student was malicious”. He said that single judge bench of the Allahabad High Court had ordered that the petitioner will submit a written unconditional apology before the institution and had directed the IIT to declare the petitioner’s result, if he has passed the examination. IIT-Kanpur, however, challenged the order of the single- judge bench which the division bench on February 3, set aside.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Offensive posts against SC/ST on social media an offence: Delhi HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Offensive statements on the social media like Facebook, whether private or public and intended to humiliate someone belonging to the scheduled caste or scheduled tribe communities, would be a punishable offence, the Delhi High Court has said.However, generalised statements against all and sundry and not against a specific individual from SC/ST community would not be an offence under section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Justice Vipin Sanghi said.”To my mind, it would make no difference whether the privacy settings (on social media accounts) are set by the author of the offending post to private or public. “Pertinently, section 3(1)(x) of the Act does not require that the intentional insult or intimidation with intention to humiliate a member of SC/ST should take place in the presence of the said member. “Even if the victim is not present, and behind his/her back, the offending insult or intimidation with intention to humiliate him/her, who is a member of SC/ST takes place, the same would be culpable if it takes place within public view,” the court said.Under Section 3(1)(x) of the SC/ST Act, it is an offence if someone makes statements which intentionally insults or intimidates with an intent to humiliate a member of such communities in any place within public view. The court said in the case of social media platforms, public view would include any independent or impartial witness who has seen an offensive statement.It, however, said that “generalised statements against all and sundry, and not against specific individuals belonging to SC/ST, would not make out an offence under section 3(1)(x) of the Act”. The observations came as the court quashed an FIR lodged by a woman against her sister-in-law for allegedly making offensive statements on Facebook against the ‘dhobi’ community.The complainant had accused her sister-in-law of making the statements to humiliate her as she belonged to the ‘dhobi’ community. The sister-in-law refuted the allegations and sought quashing of the FIR saying the statements about ‘dhobis’ were made on her Facebook ‘wall’ and the complainant had been blocked from viewing it.The police, on the other hand, opposed the quashing of the FIR saying the privacy status of the posts were changed by the petitioner/accused woman from ‘private’ to ‘public’ to enable everyone to read it. Regarding the petitioner’s argument that her posts were private, the court said that even if posts by a Facebook member are private, making an offending statement which fell foul of section 3(1)(x) of the Act, may still be punishable if if any of the author’s Facebook friends are “independent and impartial” persons and “not interested in any of the parties”.The court, however, said that in the instant case, a perusal of the posts by the petitioner on her ‘wall’ “do not show that they were directed against any individual member of any scheduled caste or scheduled tribe”.”For all the reasons, the FIR as well as the proceedings qua the petitioner under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, are hereby quashed,” the court said.

High court raps state for laxity toward encroachments

<!– /11440465/Dna_Article_Middle_300x250_BTF –>High court has come down heavily on the state revenue department for its lax attitude toward encroachments on government land. In an order issued on Wednesday, it has directed the state to take possession of all such encroached land. It has also directed the state to conduct an inquiry into the issue. Deciding on a plea filed by Vaghri Gomtiben of Patan, single bench judge JB Pardiwala observed, “I have been hearing land-related cases since the past two weeks and it has come to my notice that huge parcels of lands are unauthorisedly being taken over thanks to state largesse.” The court further observed, “Though steps have been taken and orders for eviction passed, authorities have not bothered to take actual possession of land. Huge parcels of land are being misused. It is, therefore, necessary that an inquiry be initiated to ensure all orders passed till date by the revenue authorities are implemented and executed.”Petitioner Gomti had approached HC with a prayer that the land in possession of her family for generations should not be acquired by the state to construct a mamlatdar’s office. In 2009, the Patan district collector had issued a notice to acquire the land, but there is no development till date. Interestingly, the land is shown as government waste land in government records, which the petitioner’s forefathers had encroached.

Madras HC declines to suspend screening of ‘Baywatch’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today declined to suspend the screening of Priyanka Chopra-starrer “Baywatch” as sought in a PIL which contended that the producers did not disclose that it was granted “A” certificate by the censor board. The court, however, directed Tamil Nadu Police to ensure that only adults are permitted to view it in theatres. The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, before which the PIL from Vaikunth Kasturirangan came up, in its order said, “there are no cogent materials on the basis of which this court can definitely arrive at the conclusion that persons who are not adults are being allowed entry to the screening of the film.” Further, they said, “a blanket order suspending the screening of the film not only in this State, but all over India, as prayed for in the writ petition, prima facie appears to us to be motivated. We are not inclined to pass a blanket order suspending the screening of the film, when on the face of the averments in the writ petition; the film has been cleared by the Central Board of Film Certification (CBFC).” “We direct the Commissioner of Police, Greater Chennai, and Tamil Nadu DGP, to ensure that persons who are not adults are not permitted entry to the screening of the film, if as contended by the petitioner the film has in fact been cleared with “A” certificate,’ the bench said. The petitioner prayed for a direction from the court to immediately suspend all forms of screening of the film, which released across India today. The petitioner further submitted that the producers had misled the public by suppressing the fact that it is certified as “A” rating by CBFC. It was alleged by the petitioner that advertisements released in newspapers yesterday had not indicated that the film was certified as “A”.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

PIL seeks poll candidates to submit documents with affidavit

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat High Court today heard a petition which sought the court’s direction to the Election Commission to ensure that a candidate contesting polls also submits all documents in support of averments made in the affidavit. A vacation bench of Justice A J Shastri transferred the petition for hearing by a regular bench, with next hearing scheduled for June 14. The provisions of the Representation of the People Act, 1951, do not empower returning officers to check and cross verify any detail submitted by the candidate in the absence of documents supporting averments made in the affidavit submitted before a returning officer, the petition, filed by K R Koshti, said. This leads to many candidates to either file false affidavits or conceal important information, it said. The petitioner said that there have been several cases of “defective affidavits, fake degrees, false affidavits, concealment of important information by the returning candidates,” and to make the process transparent, it is important for a candidate to provide documentary evidences to support averments made in the affidavit. It also sought that educational qualification certificates should also be submitted by the candidates. The central government, the Election Commission and the chief electoral officer of Gujarat are respondents in the case.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

PIL seeks action against unapproved nursing colleges in TN

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court has sought the response of Indian Nursing Council and Tamil Nadu Nurses and Midwives Council on a petition which alleged several nursing colleges were being run in parts of the state without approval and infrastructure and sought action against them. Such institutions were mostly functioning in Thanjavur, Tiruvarur, Nagapattinam districts and claimed to have got approval from BSS (Bharathiya Seva Samaj) and NCVRT (National Council for Vocational Research and Training), which were not empowered to grant such approval, the public interest litigation (PIL) petition submitted. When the petition came up for hearing yesterday, a division bench comprising Justices M M Sundresh and R Mahadevan ordered notice to the two nursing councils asking them to file their replies within eight weeks. The bench also directed the Regional Director, Department of Employment and Training and Health Department authorities of Thanjavur, Tiruvarur and Nagapattinam districts to file their responses. Petitioner Varaaki submitted that most of the nursing colleges were being run without approval and also conducted catering courses without proper infrastructure facilities admitting students, mostly from backward, and most backward classes and Scheduled Castes and Scheduled Tribes. He claimed that BSS and NCVRT were neither the governing body nor state machinery and instead were private organisations like a private trust. Though they did not come under the purview of Indian Nursing Council Act, 1947, they were giving approval to the “fake” institutions, the petitioner contended. Apart from collecting fees from the students, these colleges were also getting subsidy from the state government for enrolling students from SC/ST category and thus were swindling the public money, the petitioner alleged. He prayed to the court to direct the Indian Nursing Council to conduct a proper investigation and take legal steps against the institutions.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

‘Fake degree’ row back to haunt Smriti Irani as fresh petition filed

<!– /11440465/Dna_Article_Middle_300x250_BTF –> A petition has been filed in the Delhi High Court today against Union Minister Smriti Irani alleging submission of contradictory information regarding her educational degrees in different affidavits. Petitioner Ahmer Khan had earlier filed a similar petition in a trial court which was rejected by it. The trial court had observed that the complaint filed by Khan was intended to “harass” the minister as the primary records of the Universities would have been lost due to passage of time. The Delhi High Court has sought records of the case from the trial court. The court has fixed the next date of hearing on September 13. Irani’s educational qualifications came under scanner after she contested the 2004 and 2014 Lok Sabha elections. Earlier, the Election Commission submitted the required documents. Section 125A of RPA deals with penalty for filing a false affidavit and entails a jail term of up to six months or a fine or both. Metropolitan Magistrate Harvinder Singh reserved its order after the Election Commission filed the documents in a sealed cover relating to Irani’s educational qualification submitted by her for contesting the 2004 general elections. Irani had given information about her educational qualifications in affidavits to the Election Commission to contest various elections. Following the court’s direction, Delhi University had also submitted that the documents pertaining to Irani’s B A course in 1996, mentioned by her in an affidavit filed during 2004 Lok Sabha elections, were yet to be found.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC dismisses plea to stop LS poll losers from getting into RS

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has refused to entertain a plea seeking to restrain those defeated in Lok Sabha elections from contesting the Rajya Sabha polls. The petitioner submitted that his repeated requests made to the Ministry of Law and Justice and the Election Commission under the Right to Information (RTI) Act seeking to know what actions have been taken in this regard did not elicit any response. He also sought the court’s direction to restrain candidates defeated in the Lok Sabha elections from contesting the Rajya Sabha polls. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that the petitioner had an alternative, equally effective remedy available to him, which he had not availed and therefore, the petition could not be entertained. “This writ petition is dismissed with liberty to the petitioner to invoke an appropriate remedy of appeal available to him under the Right to Information (RTI) Act,” it added. The bench further said that in case, the petitioner was aggrieved by the decision taken by the appellate tribunal under the RTI, it would be open for him to assail it by way of appropriate legal proceedings before this court. The petitioner, Satya Narayan Prasad, who claimed to be a social activist, had moved the court saying that India being a democratic country and the people being supreme in electing its leaders, “it is a misfortune that politicians who are defeated in the general elections are nominated to the Upper House”. Seeking a direction to the Ministry of Law and Justice and the Election Commission of India (ECI), the petitioner had said, “Any candidate who contested Lok Sabha election and has been defeated, he be declared disqualified for being a Member of Parliament (MP).” “Such candidates cannot be nominated or allowed to contest in Rajya Sabha election,” the plea had said, adding that this was “against the fundamental principle of democracy, wherein mandate/votes on Indian citizen is supreme”. Pleading for special rules and provisions to ban the leaders who have lost in Lok Sabha polls from contesting in Rajya Sabha election, the 51-year-old petitioner said that action be taken against the authorities concerned who have “wrongly nominated such disqualified candidates for membership in Parliament”. He said that no reply had been given by the ministry and the poll panel even after repeated attempts were made by him to know why an ordinance would not be passed to prevent such candidates from being nominated to the Upper House. While candidates are elected to the Lok Sabha directly by the people, members of the Rajya Sabha are elected by the elected members of state Assemblies in accordance with the system of proportional representation by means of single transferable vote.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

False case against me, septuagenarian tells court, seeks bail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A septuagenarian has approached a court here claiming that a false case of possession of ganja was slapped on him as he had opposed a “land grab” bid allegedly by an AIADMK legislator. Vedagan, in his bail plea before the Principal Special Judge for narcotics cases here, claimed that the case lodged against him by the police was false. The RK Nagar police had, in its FIR, alleged that the 74 -year-old man was found in possession of 2,100 kgs of ganja. He was arrested on April 19 last. When the matter came up for hearing, the special public prosecutor objected to the elderly man’s bail plea. The petitioner’s counsel submitted that the case against his client was false and was filed at the instance of an AIADMK MLA who “tried to grab property worth about Rs 1,000 crore, which was opposed by the petitioner”. He further submitted that the petitioner was a social activist and president of the local Ezhil Nagar Welfare Association. The government had allotted around 250 acres of land to 4,000 members of the association. Since the allocation was not properly handed over by the government, the petitioner had filed cases in the Madras High Court and obtained a favourable order for the association. Still, an AIADMK MLA allegedly threatened the petitioner that he would get the lands “released”, dispossessing the association of the property allocation, and it was opposed by the petitioner, submitted his counsel. He alleged that at the instance of the MLA and “rowdy elements”, a false case was lodged by the police against the petitioner. Though the judge dismissed the bail plea holding that the probe was at an initial stage, he directed the Police Commissioner to nominate an officer, known for his integrity, to pursue the case and submit a report.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Consider plea on separate lanes for ambulances at tollgates:

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today directed the National Highways Authorities of India (NHAI) and Surface Transport Ministry to consider a representation for exclusive lanes and dedicated entry booths for ambulances and other emergency and public utility vehicles at tollgates in the state. The vacation bench of Justices R Mahadevan and M Govindaraj passed the order on a PIL by one A P Suryaprakasam. It directed the authorities to consider the representations of the petitioner positively. The petitioner submitted that he had already given representations to the departments concerned to provide dedicated and separate entry booths and exclusive lanes for ambulance, fire and all other public utility vehicles at tollgates and booths situated in Tamil Nadu and Puducherry. There are no dedicated and separate toll gates for ambulances and other public utility vehicles as a result of which they are delayed in reaching the spot, he said. The petitioner sought the court’s direction to authorities concerned to consider his representations in this connection. After recording the submissions, the bench said, “This court is of the opinion that the relief claimed in the writ petition is reasonable. “… therefore the respondents are directed to consider the representation of the petitioner dated June 1, 2016 and April 20, 2017 positively and take further action within a period of four weeks from the date of receipt of the copy of this order.”(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HIV+ rape victim can’t terminate pregnancy as it is risky: SC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court today said that an HIV positive destitute woman, who was raped on the streets of Patna and is 26 weeks pregnant, cannot abort the foetus as a medical report has suggested it would be risky for both. A bench of Justices Dipak Misra and A M Khanwilkar said the 35-year-old woman, being a rape victim, was eligible for compensation under the provision of CrPC and directed Bihar government to pay her Rs three lakh within four weeks. The apex court also asked the state government to provide her all medical facilities at Patna’s Indira Gandhi Institute of Medical Science (IGIMS) as per the treatment chart which would be given to her by the doctors of All India Institute of Medical Sciences (AIIMS) here. The bench referred to a report of AIIMS’s medical board, which had examined the woman, and said the doctors have opined that at this stage, the procedure involved in termination of pregnancy would be a risk, both to the woman and the foetus. The report, which was placed before the court, also said that the woman has been advised antiretroviral therapy (ART) to reduce the risk of HIV transmission to the foetus. “In view of the aforesaid opinion, it is an accepted position at the bar that there cannot be termination of pregnancy,” the bench said. “The IGIMS shall work in coordination with AIIMS so that the health condition of the petitioner does not deteriorate further,” the court said. During the hearing, advocate Vrinda Grover, representing the woman, said the victim was entitled to compensation from Bihar government and she should be awarded seperate compensation for the negligence by the authorities there, which has led to this situation. The counsel referred to the victim compensation scheme under section 357(A) of the CrPC and said the woman shall be entitled to compensation under the scheme as well. “Needless to say, the petitioner (woman) is eligible to get compensation under the said scheme (section 357-A of CrPC) and therefore the petitioner shall be paid sum of Rs 3 lakh (by Bihar) as she has been a victim of rape,” the bench said. Additional Solicitor General Tushar Mehta, representing the Centre, told the bench that the government would make appropriate arrangements, so that the woman, who is presently in Delhi, be sent to back to Patna. When Grover said that doctors at AIIMS should give an appropriate treatment graph to the woman, Mehta said it would be given to her by tomorrow. The bench also granted liberty to the petitioner to file an additional affidavit with regard to other aspects of the compensation within four weeks and asked Bihar to respond to it as well as on the plea filed by her. The apex court, which as an interim measure stayed the operation of the Patna High Court’s order which has been under challenge before it, has fixed the matter for further hearing on August 9. During the brief hearing, the bench asked the advocate appearing for Bihar whether the state had contested the woman’s plea before the high court. When the counsel said “yes”, the bench shot back, “What right did you have?” “The question is when the matter was listed before the high court, somebody should have opened the 1971 Act (Medical Termination of Pregnancy Act) and say this is the law,” the bench observed. The apex court had earlier said it would not go into the orders of the high court which had held that the medical board’s report has stated that it would be unsafe for the life of the petitioner and there was a compelling responsibility of the state to keep the child alive. The high court had said the woman’s pregnancy had crossed the legal embargo of 20 weeks under the Medical Termination of Pregnancy Act, 1971. The petitioner had told the apex court that high court had failed to appreciate that the woman was 35 years of age and completely fit to make her own reproductive choices without any interference. In her plea, the woman said she was a destitute and had come to know about her pregnancy for the first time around the 13th week, and that too after she was rescued by Shanti Kutir, a Women’s Rehabilitation Centre, and taken a pregnancy test on January 26. She was deserted by the husband, while her parents had refused to accept her for reasons including alleging that she was of an unstable mind.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Show rules on tackling stray dogs & monkeys:HC to authorities

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Show the rule book on dealing with the problem posed by monkeys and dogs entering residential and office areas of the city, the Delhi High Court has told city authorities. A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra also asked them about the rules followed by western countries on this issue. “What is the rule in western countries. What practice they adopt in case people feed stray dogs?,” the bench said adding that it also wanted to know what practice authorities adopt here in dealing with stray dogs and monkeys. “There are monkeys all over Delhi, troubling people. What practice and rules you follow regarding them. Monkeys are not sterilised. Are they? They need to be kept properly. “I remember cows were removed from Delhi roads after an order of this court,” Justice Mittal said. The court was hearing an appeal filed by a resident of Malviya Nagar seeking directions to the Delhi government and the municipal corporations to shift stray dogs from the parking area of his society to some other place. While the hearing was going on, several other lawyers also shared the experience of their encounters with stray canines and one of them told the bench that he was bitten by a dog in the high court premises. The lawyer said that despite informing the registrar general of the high court about the incident, there has been no change in the scenario inside the court complex. The bench asked the Delhi government and three municipal corporations here to place before it, if any, the rules by which people are being stopped from feeding stray dogs. The bench also questioned the civic bodies as to why they leave dogs at the same place after sterilisation. To this, the counsel for the authorities said that as per the rule book, the provision is to sterilise stray canines and leave them to the place from where they were picked up. The court, however, asked the authorities to place the rule book before it by July 12. Petitioner Om Prakash Saini, a resident of Khirki Extension, has come to the court challenging the order of a single judge who refused to entertain his prayer for shifting of stray dogs. Saini submitted that many locals fed stray dogs, due to which the animals entered the common parking area, terrace and stairs of the building where he resided. He said stray dogs keep roaming around, creating “terror and biting people” on many occasions. The petitioner said that the building and common area was filled with dog excreta and children were unable to study because of the noise of their barking. One person from the area was hospitalised for a week at AIIMS in November 2015 after being bitten by a dog, the plea added. He said the single judge had not entertained the petition as a Supreme Court judgement was being inferred by the corporations in a manner that they cannot shift or eliminate stray animals as they are bound by the Prevention of Cruelty to Animals Act, 1960.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

‘Retirement benefits must to employee ousted on medical basis’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today held that an employee ousted from the job after turning medically unfit during the service is entitled for all retirement benefits. Justice S S Sundar of the Madurai bench of the high court gave the ruling while allowing a petition by one S Vijayalakshmi, whose mother had been dismissed from the service after becoming medically unfit while in job. She was relieved from the service on February 17, 2012 on a medical board report. She had later passed away on March 13, 2012. Justice Sundar said the government counsel, except for relying on an official letter, had not produced before the court any rule or the government order (GO), preventing her from getting monetary or retirement benefits if relieved from the service on medical grounds. “The removal of petitioner’s mother on medical advice of the medical board cannot be treated on par with termination of service pursuant to disciplinary proceedings or on account of serious misconduct,” the judge said. He said it was not in dispute that the petitioner’s mother could not continue in the service due to her medical conditions. Under the circumstances, the government cannot ignore the service benefits of the petitioner’s mother corresponding with the period of service, he said. The court directed that the application be considered on merit by treating the petitioner’s mother, who was an assistant with the Tamil Nadu’s Children Welfare Department, as an employee who died in service, for the purpose of giving retirement benefits. The benefits should be settled in eight weeks to the heirs of the employees, based on merit, the judge said.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

AIIMS board to examine HIV+ve destitute women for abortion:SC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court today directed a medical board of AIIMS to examine a 35-year-old HIV-positive destitute woman, who was raped on the streets of Patna and is 26-week pregnant, for medical termination of her pregnancy. The apex court said the woman, who has already become a destitute, was sexually assaulted and suffered from a serious medical ailment, should not be allowed to go through further sufferings. A bench, headed by Justice Dipak Misra, directed the medical board of the All India Institute of Medical Science (AIIMS) to examine the woman latest by May 6 to find out whether it would be safe to medically terminate her pregnancy. The Board should place the report by Monday, it said. “As we are inclined to think that a woman, who has already become a destitute being sexually assaulted and suffering from a serious medical ailment, not to go through further sufferings. The quintessential purpose of life, be it a man or a woman, is the dignity of life and all efforts are to be made to sustain it,” the bench, which also comprised Justices A M Khanwilkar and M M Shantanagoudar, said. It directed that a representative from NGO Koshish should accompany the woman, who is staying in a shelter home ‘Shanti Kutir’ in Patna, and bring her to Delhi. It directed the Additional Solicitor Generals P S Narasimha and Tushar Mehta, appearing for the Centre, to arrange for her travel and that of the representative accompanying her. The court asked both the law officers to assist the court on the issue and also hold discussion with the doctors, saying “we are concerned with saving a life of a destitute woman”. When the matter was taken up for hearing, the bench asked advocate Vrinda Grover, appearing for the woman, to ask her whether she was inclined to come to Delhi, to which she replied in the affirmitive. The apex court said it would not go into the orders of Patna High Court which had held that the Medical Board’s report has stated that it would be unsafe for the life of the petitioner and there was a compelling responsibility of the state to keep the child alive. The High Court had said the woman’s pregnancy had crossed the legal embargo of 20 weeks under the Medical Termination of Pregnancy Act, 1971 and was unsafe to medically terminate her pregnancy. Grover said the High Court had failed to appreciate that the woman was 35 years of age and completely fit to make her own reproductive choices without any interference. In her plea, the woman said she was a destitute and had come to know about her pregnancy for the first time around the 13th week, and that too after she was rescued by Shanti Kutir, a Women’s Rehabilitation Centre, and made to take a pregnancy test on January 26. The woman said she had expressed her desire to terminate her pregnancy on March 4 to a research officer of Koshish, a Field Action Project of Tata Institute of Social Sciences, with whom she was in contact. However, it was only after she revealed to the superintendent of the shelter home that the pregnancy was the outcome of rape, she made attempts to have it terminated at the Patliputra Medical College and Hospital on March 14. According to the plea, the hospital refused to admit the woman owing to lack of identity proof. To terminate her pregnancy, she approached the High Court which constituted a medical board to examine her. The board submitted its report on March 17 which said that termination would involve surgical process which may lead to health complications such as bleeding, anaesthesia hazard and sepsis. In her appeal before the apex court, the woman said that her father and husband who have deserted her, in their respective replies before the High Court, had conveyed their consent for termination of pregnancy of the Petitioner.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Alleged anti-women remarks by minister "serious": HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Kerala High Court today termed as “serious” the allegation that state Power Minister M M Mani made “unsavoury” remarks against women at a recent public meeting at in Kunchithanni in Idukki. The observation was made by a high court’s vacation bench of justices P N Raveendran and P V Asha, while hearing a plea by Kerala resident George Vattukulam, who has sought a court- monitored probe into the allegations that Mani made the “sexually-loaded, anti-women statements” at a public meeting. While hearing the plea against Mani, the court asked the state counsel if the Kerala police chief was not aware of it. The bench posed the query as the state counsel opposed Vattukulam’a plea. The bench then also directed the petitioner to produce the CD of the minister’s speech and the copy of the complaint made to police in this regard. The state counsel opposed the plea, contending that the petition was not maintainable as the petitioner ought to have approached the police or a magisterial court for a probe into the matter. The counsel denied that the minister made any derogatory remarks against women. He added he was mentioning about media persons during his speech. At this, the high court observed that the media persons too have their fundamental rights. The bench subsequently posted the matter for for further hearing on next Tuesday. The petitioner has alleged that Mani had used abusive language against women leaders and activists of ‘Pembilai Orumai,’ a group of plantation workers in Idukki district who had organised a month-long stir in Munnar last year. “The respondent is a habitual offender and regularly uses abusive language and sexually-loaded statements especially against the women,” the petition said. Mani, however, had refuted the allegation against him on the floor of the state assembly. He had told the assembly that he had not used any offensive language against women. “I have not used the word woman even once in my 17-minute speech,” which, he claimed, had been edited by the media, a section of which was against him.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Ensure HIV+ man gets adequate medical assistance: HC to Centre

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court today asked the Centre to ensure adequate treatment to an HIV positive man whose services were terminated by a private hospital due to the disease. The High Court was hearing a plea by a 26-year-old father of two kids, who has challenged the termination of his service at a private city hospital after he tested HIV positive following some accidental needle pricks he got during the course of his work. A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra directed the counsel for the Centre that since All India Institute of Medical Sciences (AIIMS) fell under its control, it should therefore be conscious that the man is given adequate medical treatment. The court also issued direction to the member secretary, Delhi State Legal Services Authority (DLSA), to examine his case and see whether the man can be accommodated in any job under any of their scheme. The man, who did not want to disclose his identity, filed the petition under the name ‘Pxxx’ and said he was thrown out of his job for over a year now. Taking note of the plea, the bench issued notice to the Centre, the Delhi government, the hospital were he was working and other authorities and sought their replies by August 9. The Centre, however, questioned the maintainability of the appeal. In his appeal, the man through his counsel Ashok Aggarwal has challenged the November 2016 order of a single judge who held that since he was employed through a contractor, he could not contest his termination as violation of his fundamental rights. To this, the bench remarked “we do not know whether we would also be able to give any relief to this extent. But we can ensure proper treatment to him”. The man, in his plea, has said that he suffered three to four needles pricks while working at a laboratory and had informed the hospital management about contracting the disease during work. However, he was never administered Post Exposure Prophylaxis (PEP), which is a requirement in such situations, as per National Aids Control Organisation (NACO) guidelines, his counsel submitted in the court. The advocate alleged that the hospital does not provide PEP or free medical assistance to staff working on contractual basis. “The petitioner told his superiors about the needle pricks, but they told him not to worry,” the plea added. Last year, the petitioner went for an HIV test and was shocked to find the result positive. “I could not believe the reports. I got a sample tested from a private lab and also at AIIMS. I was HIV positive,” he said. The counsel contended that soon after the report, the petitioner learnt that he had lost his job. His contractor also did not help. After battling depression for some time, he decided to fight. “My family believes I am suffering from blood cancer. I cannot tell them the truth. I felt like committing suicide at one point. I keep thinking what was my fault,” the petitioner said in his plea.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Hospitals can’t hold patients hostage for unpaid bills: HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Hospitals cannot hold patients “hostage” to extract money for unpaid bills, the Delhi High Court today told a premier private city hospital for allegedly withholding custody of a patient over outstanding dues. Denouncing this “modus operandi” of withholding custody of patients, a bench of Justices Vipin Sanghi and Deepa Sharma said if the bills are not paid, then release the patient. “If bills not paid, then release the patient. You cannot keep patients hostage. That cannot be the modus operandi. “Even if dues are outstanding, custody of patients cannot be withheld to extract money towards unpaid bills (of the hospital). We deprecate this practice,” the court told Sir Ganga Ram Hospital in central Delhi. The court directed the hospital to prepare the discharge summary of the patient and allowed his son, the petitioner, to remove his father forthwith from the hospital. Senior Standing Counsel of Delhi government Rahul Mehra said that several hospitals do behave in this manner. The ruling came in a habeas corpus plea moved by the son of the patient, a former Madhya Pradesh policeman who was admitted in the hospital for treatment in February. The ex-cop was suffering from enterocutaneous fistula, which occurs in the intestinal tract due to which contents of the stomach or intestines leak through to the skin. The treatment includes surgery. The patient’s son had alleged that the hospital was holding his father hostage to extract money from him towards outstanding dues of Rs 13.45 lakh, an amount that he has disputed. He had also alleged that the hospital was not giving proper treatment to his father and when he sought to take him away, it did not allow him to do so. The hospital opposed the petitioner’s contentions and claimed that he had raised the grievance as the patient was shifted to the general ward from private ward due to non- payment of dues. It said the total bill was of Rs 16.75 lakh and the petitioner had only paid Rs 3.3 lakh. Desthe pite outstanding dues, a surgery was carried out on the patient on April 21 after being shifted to the general ward, the hospital said. The petitioner said the surgery was carried out after he had lodged a police complaint on April 20.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC stays notification to declare area around Gir eco-sensitive

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat High Court today ordered a stay on issuance of final notification by the Centre to declare the area around the Gir Wildlife Sanctuary as eco- sensitive zone. The high court was hearing a PIL challenging the state government’s proposal to reduce the area of eco-sensitive zone, in the last abode for Asiatic lions. The division bench of Chief Justice R Subhash Reddy and V M Pancholi, while hearing a PIL challenging the state government’s decision to reduce the area of eco-sensitive zone in its new proposal sent to the Ministry of Environment, Forest and Climate Change (MoEF-CC), ordered stay on issuance of final notification and issued notices to central and state governments returnable on May 3. Petitioner Biren Pandya in his PIL contended that in its preliminary notification on October 25, 2016, the MoEF-CC had included 3,32,881 hectare area surrounding the Gir Wildlife Sanctuary and National Park comprising 291 villages as eco- sensitive zone. In its new proposal based on which the final notification will be issued on buffer zone around the Asiatic lions sanctuary, the state government has reduced the area to 1,14,000 hectare area consisting of 191 villages, the PIL claimed. It said that at some areas in the new proposal, the eco-sensitive zone is as low as 500 metres from the boundary of the sanctuary and at no place it goes beyond 4 km, even though the Supreme Court’s earlier order had said that 10 km areas around the wildlife sanctuary should be eco-sensitive zone. The Gujarat government was following the 10-km rules for eco-sensitive zone till date around the sanctuary, it said. “If the said action of the authorities is allowed, then it would be a catastrophic for the last surviving Asiatic lions in the area around the sanctuary,” it said. It said that the reduction of area is violative of the guidelines issued by the MoEF-CC and Supreme Court order. The purpose of the eco-sensitive zone outside the sanctuary is to act as a buffer zone and some kind of shock absorber for protected areas, it said. The petition also said that the state government is acting under pressure from “tourism lobby” to reduce the area so as to facilitate activities like Safari Park near Shetrunji river on northern border of the Gir sanctuary. The reduction also exposes the environmentally delicate areas to mining and construction activities, and polluting industries may also come up near the sanctuary, it said. “The proposed action on the part of respondent authorities is malafide, unjust, improper, illegal, and contrary to the provisions of law,” the petitioner said. It sought court’s direction to MoEF not to issue final notification based on state government’s proposal, and issue final notification based on its preliminary notification. Gir Sanctuary is home to 523 lions as per the latest census, out of which 168 lions live outside the protected area, it said, adding that 310 lions have died in last 5 years, out of which 25 lions died unnaturally.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

DTCP impleaded on PIL against encroachments of parks in layout

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Madras High Court today made the Directorate of Town and Country Planning (DTCP), party to a PIL seeking removal of encroachments in spaces reserved for parks and other public purposes, in layouts. The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar passed the order on a PIL by an elected ward member of Perumbakkam Panchayat here. The bench also impleaded Perumbakkam Town Panchayat and issued notice to the Revenue and Registration departments. The petitioner alleged that three parks earmarked in a lay out in his village had been encroached by unknown persons and a compound wall constructed, preventing access for public. He also submitted that a representation to the District Collector in this regard did not evoke any response. The petitioner further stated that innocent property buyers who purchase apartments constructed on the reserved areas without being unaware of the facts may suffer heavy loss. The petitioner prayed for a Court direction to the authorities to take immediate steps to remove encroachments in the reserved areas, in the layouts, and to erect boards carrying details of the space allotted for parks and public purposes to protect property buyers.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

SC notice to WhatsApp Inc in sexual offence video blocking

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court has sought the response of US-based instant messaging application firm WhatsApp Inc in a matter relating to blocking of videos of sexual offences on social networking sites. The court, while making WhatsApp Inc a party in the matter, said that the petitioner might send a detailed e-mail to them to make a presentation, if possible through video conferencing, to assist the committee set up by the court to explore a technical solution to block such videos. The court’s order came after advocate Aparna Bhat, who is representing the petitioner, mentioned the matter before it seeking to make WhatsApp a party in the case. “On an oral request made by the counsel for the petitioner, WhatsApp Inc having office at 1601, Willow Road, Menlo Park, California 94025, United States of America is made a party-respondent,” a bench comprising Justices Madan B Lokur and Deepak Gupta said. “Since the meetings pursuant to our earlier orders are being held on a day-to-day basis, (we) issue notice to WhatsApp Inc returnable on April 13,” the judges said. “In the meanwhile, the counsel for the petitioner may also send a detailed e-mail to the newly added respondent to make a presentation, if possible through video conferencing, to assist the committee,” they noted. The court had on March 22 constituted a committee comprising representatives from the Centre and Internet majors to explore a technical solution to block videos of sexual offences on social networking sites. It had given the nominees of Google India, Microsoft India, Yahoo India, Facebook and other internet intermediaries 15 days to meet and come up with a solution. The Centre had earlier informed the apex court that it would set up a specialised agency to block and curb sharing of sexual offence videos on social networking platforms. The court was hearing a letter sent to then Chief Justice of India H L Dattu by Hyderabad-based NGO Prajwala along with two rape videos in a pen drive. It had taken cognisance of its own of the letter about posting of those videos and had asked the CBI to launch an investigation with immediate effect to apprehend the culprits. The NGO’s letter had also mooted the idea of maintaining a national sex offenders’ register which should contain details of persons convicted for offences like eve-teasing, stalking, molestation and other sexual assaults. It had also suggested that the Ministry of Home Affairs should have a tie-up with YouTube and WhatsApp to ensure that such offensive videos are not uploaded and the culprits are punished.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

HC junks plea seeking VVPAT or ballot paper for assembly polls

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Gujarat High Court today dismissed a plea seeking use of either the old ballot papers or only the paper trail-equipped electronic voting machines during the state assembly elections later this year. The plea was dismissed by a division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi. Petitioner Reshma Patel, convener of Patidar Anamat Andolan Samiti (which was in the forefront of Patel quota agitation) claimed in her plea that EVMs were not “fully reliable, foolproof, tamper-proof or hacker-proof.” The Election Commission should be asked to replace EVMs with ballot paper, or to ensure Voter Verified Paper Audit Trail (VVPAT) for every EVM, she had demanded. The assembly elections are due in the state later this year. The plea by Patel had also alleged that the names of thousands of members of a “particular community” were missing from the voters’ lists in the 2015 municipal corporation polls. It had sought the court’s direction to the poll panel to prevent this in future.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

High time courts dealt with frivolous pleas strictly: HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has dismissed a plea of a man seeking appointment in the Food Corporation of India (FCI) on compassionate ground terming it a “frivolous petition” which needed to be dealt with sternly. “It is high time that courts deal with certain frivolous petitions in a very strict manner,” Justice Valmiki J Mehta said. The court further observed that seeking compassionate appointment must ordinarily evoke sympathy, however, that sympathy has to “necessarily vanish when the same litigant unnecessarily approaches the court although earlier judicial proceedings on the same subject are unsuccessful. “Unless courts put an effective stop, there will be blatant waste of judicial time by litigants who do not deserve either the time from the court or consideration of the reliefs claimed. The present case is one such case,” the court added. The judge, while dismissing the petition, also imposed a cost of Rs 15,000 on petitioner Vikas Kumar, who had sought appointment on compassionate ground in FCI after the death of his father, who was a former employee there, in 2001. “This court is of the opinion that the present petition is a clear abuse of the judicial process, and ordinarily this court should burden the petitioner with heavy costs of Rs 50,000 while dismissing the petition to serve as a reminder to the litigants who waste judicial time. “However, considering financial condition of petitioner, the present petition is dismissed with costs of Rs 15,000 and which costs shall be deposited with Friendicoes, within a period of six weeks from today,” the judge said. The court’s observations came while rejecting the fresh petition of Kumar seeking appointment in Group C post of the FCI after he was denied appointment in Group D by the corporation as well as the high court several times. The FCI had rejected his request for appointment in Group D post in 2013 saying there was no vacancy. After this, he approached the high court in 2014 but got no relief. The high court, while dismissing his plea, also noted that his father had died in harness on November 18, 2001 and the indigency would not be relevant today. “For the relevant period of death of the employee in harness the petitioner was entitled to compassionate appointment in Group D/ AG-IV post and for which post petitioner was rightly denied appointment on account of lack of requisite vacancy. “The petitioner in 2017 cannot seek compassionate appointment on the ground that he has subsequently obtained higher/additional qualifications, and is therefore entitled for the higher category post,” it said. It further said that a qualification obtained much later than around the death of the employee in harness will not make an applicant entitled for being considered for compassionate appointment under the scheme of compassionate appointment.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

SC grants relief to medical student who had not completed rural duty

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court on Wednesday granted temporary relief to an MBBS doctor who was denied permission to take the Postgraduate Medical Course (CET) exams as she had not completed the mandatory one-year rural service. The move comes a week after the Bombay High Court upheld the decision of the authorities.A division bench of Justice Dipak Misra and Justice A M Khanwilkar, while issuing notice to the authorities, allowed Dr Shubhra Srivastava to participate in the medical counselling process without insisting on the rural service bond.Advocate Ravindra Lokhande, who represented Dr Srivastava, both in the Supreme Court and High Court, claimed that since she had got admission in the MBBS programme in 2009, she should be eligible to appear for the exams. The eligibility criteria for mandatory rural service was introduced in 2011.Last week, the Bombay High Court had rejected the petition saying that “It is not in dispute that the Petitioner was admitted in the MBBS course in the year 2009. For the eligibility to appear in the Postgraduate PGM Course the criteria fixed for PGM course will only apply.”However, the court after going through the criteria and the fact that the petitioner had appeared for the entrance exams twice in 2015 and 2016 and failed both time said, “The petitioner is attempting to take the exam for the third time. It is unreasonable to not let her sit because of the eligibility criteria,” the court said.

Plea seeks disqualification of TN CM, four cabinet colleagues

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A petition has been filed in Madras High Court seeking disqualification of Tamil Nadu Chief Minister K Palaniswami and four of his cabinet colleagues. Petitioner T Anazhagan, a son of former AIADMK MLA, late Tamaraikani, in his PIL contended that the “admission” that their government was being run on the advise of AIADMK General Secretary V K Sasikala, serving a prison term in a graft case, showed that the Chief Minister and his colleagues have violated the Constitution. Justices A Selvam and Athinathan of the Madras High Court bench posted the matter for April 11 for hearing on maintainability. Sasikala had been convicted in the Disproportionate Assets case by the Supreme Court and is undergoing imprisonment in a Bengaluru jail. The party’s spokesperson, Gowri Shankar, had on February 22 in an interview to a private TV channel said that the government would be run “on the advice and guidance of AIADMK General secretary Sasikala,” the petitioner said, adding no minister had denied his statement. Besides on February 28 four ministers — Sellur K Raju, Kamaraj, K A Sengottaiyan and Dindigul Srinivasan — had admitted that they had met Sasikala in prison and had discussed the functioning of the government, he submitted. “This open admission confirmed Gowrishankar’s statement that the government was being run as per the advice of Sasikala. The action of the ministers and their statement that they were being guided by Sasikala,who is a convict,is against Article 188 of the Constitution (oath or affirmation by members) and violation of the oath of secrecy,” he said The Chief Minister also had not given any view against the statement of the ministers, nor had he denied it. The petitioner sought the intervention of the court and an order disqualifying the Chief Minister and the four cabinet colleagues and a direction to the Speaker and Assembly Secretary to do the same.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

Private airline pilot put on trial in unnatural sex case: HC

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A pilot with a private airline will face trial for allegedly having unnatural sex with a former air hostess of the carrier, the Delhi High Court has said while absolving him of the charge of rape. Justice S P Garg said the trial court “fell into grave error” by observing that the pilot used his authority to force the 29-year-old woman, a Delhi resident, to have physical relations with him. The court noted that as per the woman’s version, the accused had approached her only in October 2013 nearly 10 months after she had quit the airline. At that time she was not in any manner under his supervision or dominance, it said. “There was no occasion for the petitioner (pilot) to establish physical relation with the prosecutrix (woman) using his position or authority as pilot,” it said. It, however, said that the accused has to face trial for the charge of unnatural sex as “truthfulness and falsity of allegations cannot be gone through at this stage”. The court also said the allegation pertaining to unnatural offence cannot be brushed aside or ignored. The order came on the accused’ plea challenging the trial court’s May 2016 order framing charges against him. The man, who is on bail since September 2014, however, has claimed that “no incriminating material” was produced against him by the woman to prove the charges. As per the prosecution, the woman had joined the airline in August 2009 as an air hostess and had quit the job in January 2013. The prosecution had contended in the high court that the petitioner had on February 2, 2014 gone to her house and had offered to drop her for her flight that day. Finding her alone, the man had committed the offence, it had said. Subsequently, an FIR was filed against the man in June 2014. Relying on the prosecution version, the court observed that “similarly, there are allegations whereby the prosecutrix was threatened that she would be defamed by showing her obscene pictures if she tried to reveal the incident to anyone. “She was also threatened that she would be killed if situation so demanded… The petitioner shall face trial for commission of offences punishable under Sections 377/506 (unnatural sex and criminal intimidation) IPC.”(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

PIL in HC seeks action against illegal community halls

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A plea seeking crackdown on illegal community halls operating without any clearances or safety measures has been moved in the Delhi High Court, which is likely to hear it next week. The public interest litigation has been moved by a lawyer who has claimed that such halls, which are used as ‘shaadi’ and ‘barat’ ghars (wedding halls) that are running without any safety norms, are a threat to the life of the people attending such events there. He has alleged that the roof of one such hall in Connaught Place, in the heart of the city, had collapsed recently, but fortunately there were no casualties. The petitioner, Arpit Bhargava, has alleged that there are many such halls in the national capital which have been built in violation of building bye-laws. He has sought directions to the three municipal corporations and the Delhi government to take steps to determine the number of such community halls in the city. The petition has also sought “consequent remedial measures”, including closure and sealing of the illegal community halls. It has also sought directions to the authorities to make policies and guidelines for regulating the running of such halls in Delhi.(This article has not been edited by DNA’s editorial team and is auto-generated from an agency feed.)

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