<!– /11440465/Dna_Article_Middle_300x250_BTF –>On Saturday, the Pakistan Foreign Office said that India’s reply to Pakistan’s offer for Kulbhushan Jadhav’s wife to meet him had been received and was being considered. Pakistan recently said it will allow 46-year-old Jadhav to meet his wife, months after India had requested Islamabad to grant a visa to his mother on humanitarian grounds. During his weekly media briefing, Foreign Office spokesperson Mohammad Faisal said Pakistan was awaiting India’s response on the offer. Jadhav, a former Indian Navy officer, was sentenced to death by a Pakistani military court in April on charges of espionage and terrorism. The International Court of Justice in May halted his execution on India’s appeal. Pakistan has repeatedly denied India consular access to Jadhav on the ground that it was not applicable in cases related to spies.Some media reports have linked Pakistan’s offer to the quiet efforts by the US.Pakistan, however, insisted that the offer was made purely on the humanitarian grounds. Jadhav has filed an appeal with Pakistan Army chief Gen Qamar Javed Bajwa to seek clemency, which is still pending. Last month, the Pakistan Army had said it is close to a decision on the mercy petition of Jadhav. Pakistan claims its security forces arrested him from restive Balochistan province on March 3 last year after he reportedly entered from Iran. However, India maintains that Jadhav was kidnapped from Iran where he had business interests after retiring from the Navy.Jadhav’s sentencing had evoked a sharp reaction in India. After India approached the ICJ, a 10-member bench on May 18 restrained Pakistan from executing Jadhav till adjudication of the case. The ICJ has asked Pakistan to submit its response or memorial by December 13 before the court could start further proceedings in the case.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The society needs to debate on impact of vigilantes dictating what people should read and watch, IIM-A Director-in-Charge, Prof Errol D’souza said in Ahmedabad on Saturday.The statement comes at a time when Bollywood film Padmawati is being opposed by a section of Kshatriya’s, who claim that their feelings are hurt by the contents of the film.Delivering his inaugural speech on the first day of the two-day International Conference On Law And Economics at IIM-Ahmedabad, D’Souza said that Non-State Actors are dictating what people should watch and read without a debate. This issue needs to be debated.D’Souza is also a member of Monetary Policy Committee of the Reserve Bank Of India (RBI), which also decides on the benchmark interest rates for lending money. He said politicians and industry players make statements on what the interest rates should be and this can influence the NPC. “When the impact is large, we have to come out with measures that are beneficial to the economy,” said D’Souza.He also said that while one can make efforts to influence interest rates, this is not visible in the field of law. “Judges are given so many rights. Their terms of appointment are such that they cannot be removed easily. So they should be more open to criticism. There needs to a debate on the concept of ‘sub-judice’. If there is a debate on ‘sub-judice’ cases, thee would be more ideas and progress,” he said.Justice AK Sikri of Supreme Court of India told media persons on the sidelines of the conference that the concept of ‘sub-judice’ is to ensure that judges are not influenced by information that is not relevant. “A judge has to decide on the information available with him,” he said.He also said that of late law is becoming more inter-disciplinary and aspects like economic implications are considered more consciously.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The National Green Tribunal (NGT) on Friday lifted its prohibition on construction activity in Delhi and National Capital Region (NCR) in light of improved air quality. In an order passed last week, the NGT had put a restriction on all construction activity in Delhi-NCR and transportation of construction material as dust is one of the biggest sources of air pollution in the city.The Tribunal though, directed Delhi and neighbouring states to prepare an action plan within two weeks to control air pollution and prepare for times when the pollution levels rise above very poor levels.A three-member bench headed by Justice Swatanter Kumar was hearing the plea on air pollution filed by advocate Vardhaman Kaushik.”While preparing the action plan, all the prior judgments, directions, existing action plans must be taken into consideration and the action plan should be directly relatable to the pollution standards and will automatically come into play the moment the prescribed parameter is touched,” the bench said.It added that failure to file the action plan will attract exemplary costs that would be recovered from the senior most concerned officers. “All the state governments, pollution control boards, Central Pollution Control Board and NCT Delhi should have complete preparedness for the coming challenge when the parameter of ambient air quality is severe or hazardous,” the bench added.The Tribunal also clarified that since the Delhi administration had lifted restrictions on entry of diesel-fuelled trucks into Delhi, it will not interfere in it but ordered strict regulations. Further, it said that all other directions in relation to emissions from industries, burning of wastes, burning of crop residue and emissions from vehicles shall however continue to be in force on the basis of precautionary principle.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Madras High Court on Friday confirmed the trial court’s conviction and sentence of jailed AIADMK leader VK Sasikala’s husband M Natarajan and three others for two years imprisonment in connection with a two-decade-old Lexus car import case. Dismissing Natarajan’s appeal petition, Justice G Jayachandran upheld the economic offences court verdict convicting all the four accused in 2010.The case pertains to the import of Lexus luxury car in 1994 from the UK as a used car to evade import duty of Rs 1.6 crore. The CBI and ED have registered separate cases. According to the CBI, Natarajan his nephew V Bhaskaran, Yogesh and Sujaritha Sundararajan forged the original sale invoice by changing the vehicle’s manufacturing date to July 1993. They cleared the car under transfer of residence provision and thereby caused a loss of Rs 1.6 crore to the exchequer, it said.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The National Green Tribunal (NGT) ordered 10 builders in Faridabad district, Haryana, to fork out a bank guarantee of Rs 50 lakh each within three days for faulty and unauthorised sewage treatment plants (STPs) failing which their bank accounts would be attached. The Tribunal also prohibited them from withdrawing money from their bank accounts in the meanwhile and directed them to fix the STPs and get them inspected by the Haryana Pollution Control Board.The Tribunal also prohibited the builders from dumping sewage in the open. “Only after taking permission from the NGT would the accounts of the builders be de-freezed,” said NGT chairperson Justice Swatanter Kumar who was heading a four-member bench. The bench was hearing a plea by Faridabad resident Varun Sheokand which alleged that waste was being dumped in open.The builders asked to fork out bank guarantee are: Omaxe Heights and Summer Palms in Sector 86, SRS Residency and BPTP Villas in Sector 88, ERA Redwood Residency in Sector 78, SRS Royal Hills Sector 87, Puri VIP Floors in Sector 81, BPTP L Block and BPTP Elite floors in sector 84 and Era Divine Court in sector 76 of Faridabad.Among these builders, ERA Redwood Residency also faces a hefty environment compensation of Rs.55 lakh for failing to obtain the statutory consent to operate the STP. The Tribunal asked them to pay up within a week. Further, Omaxe Heights, SRS and BPTP were asked to fork out environment compensation of Rs 5 lakh each for dysfunctional STPs.The NGT bench was earlier imposing an environment compensation of Rs 50 lakh each. But, the counsel for builders pleaded that they were facing mounting pressure of Non-Performing Assets and thus sought to reduce the compensation and the Tribunal agreed.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court on Thursday directed the Commissioner of Police, Delhi to be present in the court on December 11, with a plan to bring down crimes against women.A bench of Justice S Ravindra Bhat and Justice Sanjeev Sachdeva said that if CP, Amulya Patnaik, cannot be present, then any officer of his rank, like that of a Special CP or a JCP should come to represent him.The court’s direction comes after advocate Meera Bhatia, appointed as the amicus curiae in the case, informed the court that the police knew everything about who the criminals are, what types of crimes are taking place.”To bring down the crime rate, the Deputy Commissioner of Police (DCPs) should be held responsible as the entire city is divided into districts under the concerned DCPs.Following this, the court said, “The Commissioner of Police, any such person similar to his rank such as Special CP or Joint CP should be present in the court on the next date of hearing to explore the feasibility to monitor all cases of crimes against women,” the bench said.During the course of the hearing, Swati Maliwal, chairperson of the Delhi Commission for Women (DCW), broke down in the courtroom while narrating the ordeals of minor girls who have been raped.”In the last ten days, three minors have been sexually assaulted. I met all three of them. There is no improvement in the law and order in the city. Following these incidents, I went to several police stations but the strength of the officials is so less that they cannot do anything. There is no improvement,” she said.On a query from the bench, Maliwal informed them that on an average three rapes are taking place on a daily basis.This drew the ire of the court, which said,”From the last three years, we have seen that nothing has been happening. It is not to find faults but don’t reject the whole process. We suggest both the ministries to sit together and decide. Take it on a war footing.”Appearing for the Centre, Additional Solicitor General Sanjay Jain informed the court that a letter was written to the Ministry of Home Affairs (MHA) and the Ministry of Finance in compliance to the earlier order for recruitment of officers in the Delhi Police.While the Ministry of Finance did not file any response, the MHA did not give a substantive response.Why the cops?The Delhi High Court direction comes after advocate Meera Bhatia, appointed as the amicus curiae in the case, informed the court that the police know everything about who the criminals are, what types of crimes are taking place, with regard to cases on crimes against women.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Observing that the “public was kept in the dark and the civic body officials were working hand in glove to deprive locals of public space meant for them,” the Bombay High Court on Thursday directed the Brihanmumbai Municipal Corporation (BMC) to take over a garden plot, which was allegedly being used by a housing society in Cuffe Parade as private property.A division bench of Chief Justice Manjula Chellur and Justice MS Sonak asked the civic body to post their security guards and maintain the garden plot adjoining the 32-storey DSK Durgamata luxurious apartments at Cuffe Parade.The court has also asked the BMC to reduce the internal road, which was developed by the society to reach the lobby of the building, from 12 feet to six feet and convert it into a pathway for walkers while along with the city surveyor and police, it has to ensure that the park is open to public all the times and a wall is constructed between the society and the garden.The direction was given during the hearing of a public interest litigation filed by activist Sanjay Kokate who had alleged that the reserved plot of land has been taken over by the society which is using it as its private garden while locals are being denied entry.The court commissioner, in its report, had submitted that the society and developer posted private security guards, thereby denying entry to the general public. To this, the bench said, “The layout of the plot as seen in the report show gross violations.”On a claim made by the society that garden access be kept open for the society to aid easy access of emergency vehicles like fire tenders, the court said, “Don’t get the fire brigade into this issue. If you do so, then we will have to verify whether the building is fire compliant.”At the last hearing, the court had rapped the society for encroaching on public land. “The plot reserved for the garden has to be used for that purpose, it cannot be used by the residents of the building to park their cars or take access to their homes. Everyone likes to have a beautiful garden in front of their house but they should be entitled to it and people cannot encroach upon public spaces.”The court has now posted the matter for further hearing on November 24.About the caseA PIL was filed by activist Sanjay Kokate who had alleged that the reserved plot of land in Cuffe Parade has been taken over by the society which has been using it as its private garden The court commissioner, in its report, had submitted that the society and developer posted private security guards, thereby denying entry to the general public.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Bombay High Court has restrained the Brihanmumbai Municipal Corporation (BMC) from taking any coercive action against famous DJ Suketu Radia, who is occupying a premises below the Mahalaxmi bridge, which is being used as a studio for dance and music.A division bench of Justice Vasanti Naik and Justice Riyaz Chagla has restrained the corporation for a period of three weeks and disposed of the petition filed by Mrs Nayna Radia, challenging the notice issued by the civic body seeking demolition of the structures and vacating of the premises.As per advocate Joel Carlos appearing for the petitioners, the corporation’s action followed the assumption that an illegal tenancy was created which is in breach of the Vacant Land Tenancy Agreement. On the contrary, the corporation has failed to appreciate that the premises is occupied by heirs of the original tenant, KL Ganatra. The plea states that in his will, which is probated, the premises is bequeathed to his legal heirs, who are the petitioners before the court.As per records, in the year 1950, the corporation had allowed Ganatra to use the vacant land under an agreement. However, in 2015, the civic body sent a notice to the deceased, Ganatra, who died in 1989, alleging that there was a breach of terms and conditions of the agreement. The petitioners responded to the notice, but no response came from the corporation.Later in October, an official visited the premises and orally told the representative of the petitioners that action would be taken. Following this, the petitioners approached the high court.THE ISSUEBMC had sought to demolish the structures assuming that illegal tenancy was created which was in breach of the Vacant Land Tenancy Agreement. However, the premises is occupied by heirs of the original tenant, KL Ganatra.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Days after setting a cap of 50,000 devotees a day at Vaishno Devi for their safety and security, the National Green Tribunal (NGT) pulled up the Amarnath shrine board on Wednesday for lack of proper infrastructure and facilities for pilgrims. It also constituted an expert panel, headed by Additional Secretary, Ministry of Environment, Forest and Climate Change (MoEF&CC), to visit the shrine and report back an action plan to improve the existing facilities.”You have allowed shops on path near the shrine. There are no proper facilities for toilets. Do you even know how humiliating this is for women? Why have you not provided proper infrastructural facilities for pilgrims? You are giving priority to commercial activities over pilgrims. This is unfair. The sanctity of the shrine has to be maintained,” said a bench headed by NGT Chairperson Justice Swatanter Kumar. The bench was hearing a plea filed by environment activist Gauri Maulekhi.The bench directed the Shri Amarnathji Shrine Board to submit a report by the first week of December on compliance of the Supreme Court’s directions, passed in 2012. Further, the bench directed that the expert panel’s report should address the issues of waste management, declaration of a silence zone near the shrine and establishment of eco-friendly toilets. Srinagar-based Centre for Research and Development Policy has said that over 2,500 metric tons of solid waste is generated annually along the Lidder river.The green court also expressed displeasure on the non-compliance of directions passed by the Supreme Court, which had passed similar orders on improving security of pilgrims visiting the holy site in light of casualties. In 2012, Justice Kumar was also part of the Supreme Court bench that passed directions on the issue and had constituted a high-level committee to suggest measures for improving amenities.The Amarnath shrine is one of the holiest sites for Hindus with a Shiva Linga inside a cave that is covered in snow except during summer months. Pilgrims undertake the annual 40-day Amarnath Yatra on foot, horses or are carried by porters to the cave that is located in a gorge at the end of Lidder Valley at a height of 3,888m, 46 km from Pahalgam and 14 km from Baltal. This year, 2.6 lakh pilgrims visited the shrine.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>In a fresh twist to the Sheena Bora murder case, prime accused Indrani Mukerjea on Wednesday placed the blame for the ‘disappearance’ of her daughter Sheena squarely on her estranged husband Peter Mukerjea and her driver Shyamwar Rai, who is an accused-turned-approver in the case.In the ongoing trial in the case, Rai,who is a prosecution witness, is being cross examined by Indrani’s lawyers. On Wednesday, Indrani pleaded the special CBI court to provide her with the call data records of Peter, in order to establish her claim.Indrani claimed that she suspects that her estranged husband Peter and driver Rai must have entered into a conspiracy behind the sudden disappearance of her daughter Sheena. In her two-page application submitted before the special CBI court, Indrani pleaded the court to provide justice to her daughter.Indrani said that she fears that Sheena must have lost her life on account of greed, betrayal, jealousy, lust and ill-will of persons whom she dearly loved and trusted, and so she wants the main accused to be punished.The letter, which DNA has accessed, reads that she has strong reason to believe that Peter with the assistance of other persons, including Rai, may have conspired and abducted her daughter Sheena in 2012 and made her untraceable, and must have subsequently destroyed evidence.“I also believe that Peter along with other persons may have manipulated circumstances to frame me and influence witnesses. Also, situations were created and information was provided to lead to my arrest on August 25, 2015 for a heinous crime that they may have committed, aided and abetted,” reads the letter.Stressing on the need for Peter’s call data records, Indrani added, “I am convinced that if we are able to obtain the CDR of Peter’s mobile phone, we will be in a better position to ascertain if Peter and other persons were involved in the disappearance of my daughter Sheena. Also, there would be more clarity on whether Peter and other persons had a role in framing me.”When contacted, Peter’s advocate Shrikant Shivade did not wish to speak on Indrani’s allegations.According to the prosecution, Rai, Indrani and her ex-husband Sanjeev Khanna plotted the murder and killed Sheena, Indrani’s biological daughter. They also disposed off her body in Pen. However, Rai later decided to become an approver in the case and began giving statements against the accused. Meanwhile, Indrani’s estranged husband Peter was also arrested under the charges of conspiracy.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Union minister Babul Supriyo lashed out at the West Bengal government of discreetly instructing hospitals to not write ‘dengue’ in prescriptions or in death certificates. Supriyo’s daughter, who studies in Mumbai, has contracted the disease and his undergoing treatment in the island city. “My elder daughter who lives in Mumbai has contracted dengue. She has been admitted to a private hospital where her blood platelet count is being monitored and I am given constant feedback over phone. But over here in West Bengal, neither the private hospitals nor the pathological laboratories are allowed to write dengue in prescriptions,” Supriyo said at a public meeting in Asansol, the constituency from where he is a BJP MP.He added that the state would not have to spend a lot of money even if dengue is detected. “I have come to know it lately after my daughter contracted the disease that dengue treatment doesn’t involve administrating a lot of medicines,” he added.Meanwhile, the Calcutta High Court has asked the state government to produce the latest report with exact figures of dengue deaths on Thursday.On Tuesday, a division bench of acting Chief Justice Jyotirmoy Bhattacharyya and Justice Arijit Banerjee asked the exact number of dengue-related deaths. The state government had earlier on October 4 said that 19 dengue-related deaths had been reported from state-run hospitals, but authorities were unable to give data on the number of deaths in private hospitals.Upon hearing several petitions by individuals and political parties High Court directed on Tuesday that the state needs to produce an updated report on dengue on Thursday when the case would be put up for hearing.Counsel for the petitioners, Bikas Ranjan Bhattacharya said that a senior doctor who had put up a post on dengue on his Facebook profile had been suspended.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Gujarat High Court on Tuesday has come down heavily on the Patan police for violating the laid down norms and handing over the custody of a missing girl to her mother after she was found, without informing the court.Khantubanu had moved a habeas corpus in July pleading to produce her daughter before the court. It stated that though her minor daughter Rukhsana has gone missing since June, police have not been able to trace her. She suspected the hand of one Ratan in the matter and apprehended that he might harm her daughter as he has many offences registered against him (all names changed).After six hearings, when police could not trace the minor girl, court in October had ordered Patan District Superintendent of Police to supervise the investigation.Cops found her on October 29 and handed her custody to her mother even when the matter was pending before the court. If the corpus is found, it is the duty of the police to produce the girl before the court.The court came to know about it on Monday when the matter came up for hearing and the petitioner’s advocate informed the court. Irked, the seventh bench of justice Abhilasha Kumari and justice BN Karia directed the District Superintendent of Patan, Police Inspector, Police sub-inspector and lady constable to file an explanation that under which power they acted as court. It sought to know why the cops kept HC in dark and decided to hand over the girl to her mother.The matter came up for final hearing on Tuesday, when the furious bench while disposing of the matter observed in the order, “Patan police officers have committed a mistake by handing over the girl to her mother, without producing her before the court. It was done in contrary to the court proceedings of which the police is well aware as it deals with court on a daily basis. If such mistake is repeated, court will no more show leniency and pass order for action.”The court orally observed, “We are avoiding the use of two words in order, ‘flouting court procedure’ and ‘dereliction of duty’, as it could invite trouble for the officers.It noted in the order, “We understand the girl was found on October 29, which was a holiday. If police was not able to produce the girl before the court, it was its duty to inform the public prosecutor office, which in turn could have informed the court. The girl could have been produced before the court on the next working day.”The court also took the undertaking of the police officers containing the apologies on record and warned them to not repeat the mistake.The HC added, “Even when police handed her over to her mother, it did not inform the court. Even the mother who was raising a hue and cry over her missing daughter, did not bother to inform the court that she has been found.”HC OBSERVATIONSPatan police officers have committed a mistake by handing over the girl to her mother, without producing her before court, a procedure they are well aware of. We are avoiding the use of two words in the order, ‘flouting court procedure’ and ‘dereliction of duty’, as it could invite trouble for the officers.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The functions of the Meghalaya State Commission for Women (MSCW) are related to advising the state government in matters pertaining to women and its application is limited to Meghalaya, the Delhi High Court has said while quashing the summons issued by the MSCW in connection with the alleged discrimination against a tribal woman at the Delhi Golf Club.Justice Vibhu Bhakru also said that according to the MSCW Act, 2005, the women’s body “does not have extraterritorial operation outside the state of Meghalaya”.On November 7, the court had stated that “the impugned notice issued to summon the Secretary of the petitioner is quashed. The Commission has no jurisdiction to pursue any proceedings with regard to the events that transpired at the Delhi Golf Club.”Tailin Lyngdoh, a governess, had accused the club and its members of racial profiling of people, which was tantamount to racial discrimination of tribal people, a punishable offense.Following this, a summon was served to the club which was challenged in the Delhi High Court. The court noted that the only question to decide is whether the commission can initiate any inquiry against the club, along with its officials. appearing for the petitioners, senior counsel Dayan Krishnan said that there was no racial discrimination as was alleged. The rules of the club do not permit members from bringing maids/domestic help inside the premises to render assistance to them, their children or their guests.”In the present case, there is no dispute that the incident complained of occurred in Delhi and no part of the cause of the action had arisen within the state of Meghalaya. The petitioner (Delhi Golf Club) also does not have any presence in any state other than in NCT of Delhi,’ the court order said.”As stated hereinbefore, the Act is applicable only in the State of Meghalaya and therefore, the commission does not have the jurisdiction to entertain complaints regarding events/incidents that have occurred outside the state,” the court said in its 10-page order.The court said the commission is empowered to look into the complaints relating to women and take up such matters with appropriate authorities.Earlier on October 9, the Delhi High Court had sought the reply of the Centre and the Delhi Golf Club on a plea filed by Lyngdoh and three others seeking direction to places of public entertainment not to discriminate against anyone or violate the right to human dignity.Lyngdoh, who was not allowed in the club, allegedly for wearing’Jainsem’, a traditional Khasi attire had also sought compensation of Rs 1.1,200-acre green. 245
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has sought a status report from the AAP government to find out how they intend to deal with the issue of snatching after a Public Interest Litigation was filed stating that these incidents have increased by six-folds in the national capital. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also asked the Delhi government to consider amending the penal provisions to deal with “serious problems” of chain snatching. The bench listed the matter for further hearing on December 14.MODUS OPERANDIUsually in a team of two to be able to flee on a two-wheeler
They modify their bikes by removing its fuel supply regulator to flee at high speed
Use stolen bikes to remain untraced
While one waits at the bike with ignition on, the pillion rider commits snatching
Target elderly women and women unable to chase or raise alarm instantly
Melt ornaments and sell off valuables instantly to avoid any recovery from them
Cover face or commit snatching at dark stretches to keep identity hidden ARMING NUMBERSMore than 28 snatchings a day (Avg)Total incidents 2016 – 3813 (till May 15)On the rise – (last five years)2015 989620147350201336382012144020111476
<!– /11440465/Dna_Article_Middle_300x250_BTF –> Dalveer Bhandari, India’s nominee for the last seat in the World Court, has received an overwhelming support from the UN General Assembly members who defied permanent members of the Security Council to back him against Britain’s candidate, resulting in a deadlock.The battle between Bhandari and Britain’s Christopher Greenwood for the International Court of Justice (ICJ) seat remained deadlocked yesterday as neither could get the requisite numbers of votes in the latest face-off. Bhandari, 70, and Greenwood are seeking re-election at the Hague-based ICJ. One-third of the court’s 15-member bench are elected every three years for a nine-year term, elections for which are held separately but simultaneously in the United Nations General Assembly and Security Council in New York.Last Thursday, four of the six candidates in the fray were elected as per the UN laws, got absolute majority in both the General Assembly and the Security Council. Ronny Abraham of France, Abdulqawi Ahmed Yusuf of Somalia, Antonio Augusto Cancado Trindade of Brazil and Nawaf Salam of Lebanon were elected after four rounds of elections on Thursday. Yesterday, the UN General Assembly and the Security Council met separately to elect the remaining one candidate for the ICJ.In each of the five rounds of elections, Greenwood of Britain received nine votes and Bhandari got five in the UN Security Council. The winner must secure 8 votes in the Security Council.Given that Britain is a Permanent member of the Security Council, Greenwood has an advantage over Bhandari. Bhandari received absolute majority in the General Assembly elections in all the five rounds. In fact, he increased his vote tally from Thursday’s 115 to 121 votes in the General Assembly elections yesterday against the absolute majority number of 97.The vote tally of Greenwood dropped from 76 to 68 yesterday.Both the General Assembly and the Security Council announced to adjourn the meeting for the election to be convened at a later date. Ahead of the yesterday’s voting, Congress leader and former top UN official Shashi Tharoor said that the “voice of the General Assembly” has been ignored for too long. He accused the “UK of trying to stall the will of the majority of the UN General Assembly”.”As the UN Security Council (SC) & General Assembly (GA) vote to choose a judge for the International Court Of Justice (#ICJ) between Indian & UK candidates, the legitimacy & effectiveness of the UN are at stake. The voice of the GA has been ignored too long,” he said in a tweet.”This time a nominee of a Permanent member of the SC has failed to get an absolute majority of the GA, for the first time in a direct contest to a major @UN organ. GA vote has turned into a protest against an unwarranted extension of privilege for 70+ years. P5 lost by 40votes!” he said. Tharoor said the election is no longer about the judge or the country he hails from, but about the General Assembly standing up against a member of a privileged club who has lost comprehensively among the Members at large but still leads 9-6 in the Security Council.”The UK is trying to stall the will of the majority of the GA,” he charged. Decisions at the UN, he said, must reflect the voice of the majority of Members and cannot continue to be decided by a few states with long-held privileges. Noting that this is not about India or any single country, he said this is about the idea of justice, of equality and fairness.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>SC bench headed by Arun J Misra in their judgment have said, “There cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and, in case there is an allegation against Hon’ble Chief Justice of India, the decision has to be taken by the Hon’ble President, in accordance with the procedure prescribed” It all started when the matter pertaining to an alleged bribery scam in which retired Orissa High Court Judge IM Quddusi was arrested, among others, and the Central Bureau of Investigation (CBI) lodged an FIR. The FIR said, Quddusi allegedly used his influence to help Uttar Pradesh-based Prasad Education Trust in “settling” a matter involving their plea to set up medical colleges pending in the Supreme Court.The Trust owned one of the 46 medical colleges barred by the central government from admitting students. The accused were subsequently granted bail, but the same was not challenged by CBI. Following granting of the bail, two parties (advocate Kamini Jaiswal and the NGO Campaign for Judicial Accountability and Reforms represented by Bhushan) filed a Public Interest Litigation (PIL) in the Supreme Court seeking the constitution of an SIT to investigate the allegations, with a retired judge monitoring the same.On Thursday, a Supreme Court bench, consisting of Justices J Chelameshwar and Abdul Nazeer, referred the Public Interest Litigation, in the matter, to a five-judge bench, scheduled to conduct a hearing on Monday. However, the case took an interesting turn on Friday, when another Supreme Court bench comprising the current CJI Deepak Misra, pronounced the order by Justice J Chelameswar null and void. The matter was then heard by a three judge bench comprising of Justices A K Agarwal, A M Khanwilkar and Arun Mishra, where the petitioners refused to argue on the merits of the case, citing the presence of Justice AM Khanwilkar on the Bench, since he was one of the judges who had heard the controversial medical college case. More drama unfolded as the matter was being heard by the bench and they raised questions on propriety and “forum shopping” by the petitioners. However, some key highlights of the judgment passed today cast a shadow of doubt in our minds. SC says, “There cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and that independence of judiciary cannot be left at the mercy of the CBI or that of the police is a red herring.” Further more Justice Arun Mishra left no stone unturned while pronouncing the judgment, he said, ” The FIR is not against any judge in SC and neither is it possible to register FIR against a judge. The senior councils attempted forum shopping to seek a favourable order and it was unethical of them to do so. They did not verify the position of law and unnecessary doubt was raised on this institution. Proper verification of facts were not made before filing this petition. We expect that good shall prevail in this institution. Let us unite and work together for the welfare of this great institution. We are not initiating contempt procedure and the matter should stop at this.We have also observed that even we are not above law”. Refuting special investigation team (SIT) probe in the medical college bribery matter, SC has defended itself completely and has questioned the basis of the allegations, SC said, “No Judge can be held responsible for what may, or has happened in the corridors, or for ‘who purports to sell whom’. The alleged actions of a retired Judge of a High Court, allegedly assuring and promising, a ‘favourable’ decision in the aforesaid circumstances of the case which was then pending before this Court, in the aforesaid circumstances and has assured favourable orders, begs the question, and we wonder, as to what favourable orders have been passed. As is apparent from the aforesaid narration of facts, there was no favourable order granted by this Court in favour of the medical college for the current academic session 2017-18, rather its inspection for considering confirmation of letter of permission for the next yearn 2018-19 had been ordered”. The issue related to “Conflict of Interest ” which questioned the CJI’s involvement in the case was also lucidly clarified, SC said, “There is no conflict of interest in such a matter. In case Judge is hearing a matter and if he comes to know that any party is unscrupulously trying to influence the decision making or indulging in malpractices, it is incumbent upon the Judge to take cognizance of such a matter under Contempt of Courts Act and to deal with and punish such person in accordance with law as that is not the conflict of interest but the purpose for which the entire system exists. Such things cannot be ignored and recusal of a Judge cannot be asked on the ground of conflict of interest, it would be the saddest day for the judicial system of this country to ignore such aspects on the unfounded allegations and materials. It was highly improper for the petitioner to allege conflict of interest in the petition filed that the Hon’ble Chief Justice of India should not hear on judicial side or allocate the matter on the administrative side” Judge Vs Judge and the contest of intra-judicial authority seems to have gone back to the dark cave. This showdown in the apex court has now received its happy ending or as some may call it good riddance from high voltage drama.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>As the air pollution in Delhi-NCR continues to be above the hazardous level, Chief Minister Arvind Kejriwal on Tuesday once again urged Punjab Chief Minister Amarinder Singh to spare some time to meet him.The development comes a day after the Supreme Court sought response from the Centre and Uttar Pradesh, Haryana and Punjab state governments on a plea seeking to curb rising pollution in Delhi and the national capital region (NCR).”Sir, I am coming to Chandigarh on Wed to meet Haryana CM. Would be grateful if u cud spare sometime to meet me. It is in collective interest,” Kejriwal tweeted tagging Punjab CM.Kejriwal last week had sought a meeting with counterparts from Haryana and Punjab to discuss ways to manage the worsening air pollution in Delhi and the neighbouring states.However, Amarinder Singh had said that it is not a matter for inter-state discussion and that won’t help and it requires central govt intervention, at the earliest.”Share your concern over stubble burning and pollution, Centre alone can solve the problem given its national implications. The situation is serious but Punjab helpless as problem is widespread & state has no money to compensate farmers for stubble management,” Amarinder Singh replied to Kejriwal in a series of Tweet.Meanwhile, the Delhi government has moved the National Green Tribunal seeking modification of its November 11 order refusing to exempt women and two-wheelers from the odd-even car rationing scheme to tackle pollution.The application, filed before a bench headed by NGT Chairperson Justice Swatanter Kumar, sought exemption of women drivers from the scheme, saying it may affect the safety and security of womenThe NGT had on November 11 given a conditional nod to the AAP government’s decision to implement the odd-even scheme for five days from November 13, ordering that no exemption should be allowed to “any person or officer and two-wheelers”.The national capital region has been experiencing dense smog for about a week, forcing the authorities to enforce emergency measures such as banning construction activities and brick kilns.The practice of burning of crop residue by farmers of the two states have been blamed for the toxic smog enveloping the region during the winter season every year.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Fed up with the foul smell of garbage and sewer water in a pond adjacent to a government school, a 16-year-old girl has knocked the Delhi High Court’s door, seeking directions to the authorities to clean the water body.Simran, a student of Class IX in Sarvodya Kanya Vidyalaya, Aya Nagar, in south Delhi, has highlighted the plight of all her friends, teachers, and residents of the area, who have been falling sick because of the garbage that is being dumped in a nearby pond in the absence of ‘dhalaos’.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar expressed concerns over the condition and the health of individuals because of the pond. The court ordered immediate inspection of the area, directing the Delhi government, South Delhi Municipal Corporation (SDMC), and Delhi Jal Board (DJB) to do so.The court also asked the petitioner, Simran, to point out the area to the authorities, who would have to file a status report about the garbage and the sewer issues in the area.Speaking to DNA, Simran said she has been facing the issue for the last one year. “I have been studying in this school for the last six years. But from the last one year, the situation has become intolerable. Many of my friends have fallen sick. Also, there is a mosquito menace because of the garbage,” she said.She further said that several complaints have been made in this regard, but no action has been taken to solve the issues. “Both me and my parents had told the principal, who assured us that she will complain to the authorities. But, nothing happened. Teachers and students, all face the same problem,” she added.The court said that if the allegations were found to be correct, rectification measures will be taken immediately.Meanwhile, councillor of Aya Nagar, Ved Pal, told DNA that students have been facing this problem as there is not even a single dhalao in the area. “We are waiting for the dhalao land for Aya Nagar and Jonapur. As soon as we get the land from the Delhi government, the problem would be solved,” he said.The court has fixed the next date of hearing on February 5.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The High Court, while disposing of a public interest litigation, directed the petitioner to approach the Election Commission, who will watch the movie and decide whether the release will be in violation of the Model Code of Conduct.The first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi was hearing public interest litigation moved by Bhavik Samani, who challenged the release of An Insignificant Man. The petitioner’s contention was that the film featured a few leaders of the Aam Aadmi Party, it unfolds the rise of the party, its agitation and also shows its leaders in a heroic avatar. If the film is allowed to be released in Gujarat, it will be a violation of the Model Code of Conduct. So, the court should stay the release or direct the EC to take action.After hearing the petitioner, the court, while disposing of the petition, directing him to approach the EC and the Chief Electoral Officer with the same prayer. It also directed the EC and the CEO to watch the movie and decide if it should be allowed to be screened without violating the Model Code of Conduct.
<!– /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.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has asked the Delhi traffic police and the transport department to check whether the vehicles on the streets of the Capital are complying with the pollution norms or not.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that there was a rampant violation of rules and thus there should be thorough checking of the vehicles. “There has to be some checking. Rules are being violated rampantly,” the bench said. It also posed a question to the authorities as to why regular checks are not being conducted to check the violations.The court also observed that the police was not vigilant even with regard to violation of traffic rules as people can be seen talking on phones even while driving.Appearing for the Delhi government, counsel Satyakam said that there were“enforcement issues”.The court’s observation comes while hearing a petition which sought a ban on buses from other states in the Capital by private operators in contravention of the law. The plea has alleged inaction on the part of the transport department and the police.During the proceedings, the AAP government informed the court that 680 buses from other states have been prosecuted for not carrying proper permits. Most of these vehicles are from Uttar Pradesh. The petition filed by Rashtriya Rajdhani Kshetra Tipahiya Chalak Union has claimed that a number of private buses and vehicles registered with the UP government, entered Delhi from different entry points and carried passengers without proper permits.Earlier, the high court had considered the current weather as emergent and issued a slew of measures including water sprinkling, cloud seeding for artificial rainfall and an immediate ban on the construction activities to improve the conditions of ‘pea soup fog’, which it said had engulfed the city of London in 1952.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Madras High Court on Monday dismissed a public interest litigation (PIL) seeking a direction to the central government to refrain from using the word ‘Mahatma’ as a prefix to Gandhi’s name in the currency notes with a cost of Rs 10,000 on the petitioner for wasting time.The first bench of Chief Justice Indira Banerjee and Justice M Sundar dismissed the petition moved as a PIL by S Muruganantham, a research scholar at Jadavpur University in Kolkata saying that such PIL’s only clogged the business of the court and consumed valuable time of the judiciary.The petitioner questioned the constitutional validity of prefixing the title ‘Mahatma’ before the name of MK Gandhi in Indian currency notes and contended that the act of the government was in complete violations of Article 14 and 18 of the constitution. He also said that when the Reserve Bank of India uses the prefix, it amounts to a violation of the principle of equality which is the basic structure of Constitution.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Aam Aadmi Party (AAP)-led Delhi government filed an application in National Green Tribunal (NGT) on Monday seeking modifications of its order passed on Saturday that gave a nod for the odd-even car rationing scheme, without giving exemptions to women motorists and two-wheelers. The review application was filed later during the day. NGT chairperson Justice Swatanter Kumar said Monday that the principal bench will hear the matter on Tuesday. The Delhi government had announced the plan to implement odd-even scheme between November 13 and November 17 to curb the severe levels of pollution. Earlier in the day, Justice Kumar sought to know from the Delhi government counsel if a review application was being filed on the issue of odd-even scheme. When nobody from the Delhi government came forward, Justice Kumar said, “Are you approaching us or was the minister’s statement only for the press.” Soon after NGT’s order on Saturday, the Delhi government said that it was revoking the decision of implementing odd-even car as without exemptions to women and two-wheelers public transport would be insufficient.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court will hear petitions of the four death row convicts from the horrific December 2012 gang rape and murder case next month.The top court’s order came on the heels of a petition filed by one of the convicts seeking a review of the death penalty that was upheld earlier this year. However, advocate AP Singh, representing Mukesh, submitted that he would be filing petitions on behalf of the other three convicts soon enough.The SC had on May 5 upheld the death penalty awarded to Mukesh (29), Pawan (22), Vinay Sharma (23) and Akshay Kumar Singh (31), by the lower courts.The country had waited almost four and a half-years for justice in the gruesome Nirbhaya gang-rape case that shook its collective conscience.On the intervening night of December 16-17, 2012, a 23-year-old paramedic student was gang-raped inside a moving bus in South Delhi by a gang of six persons including a juvenile. The victim was severely assaulted before she was thrown out of the bus naked. The victim fought for her life for almost two weeks before she succumbed to her injuries on December 29, 2012 at Mount Elizabeth Hospital in Singapore.”Where a crime is committed with extreme brutality and the collective conscience of the society is shocked, courts must award death penalty, irrespective of their personal opinion as regards desirability of the death penalty. By not imposing a death sentence in such cases, the courts may do injustice to the society at large,” Justice R. Banumati had opined in her concurring judgment.
Updated: Nov 13, 2017, 06:26 PM IST, PTI
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Supreme Court today sought response from the Centre and Uttar Pradesh, Haryana and Punjab state governments on a plea seeking to curb rising pollution in Delhi and the national capital region (NCR).A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said that there won’t be any stay on matters pertaining to pollution which are going on before any other court. The apex court issued notice to the Centre and the state governments concerned on the plea which also sought a direction to promote solar energy and electric vehicles to check pollution.The plea filed by lawyer R K Kapoor has claimed that rise in dust particles on roads, stubble burning in Delhi’s neighbouring states like Haryana and Punjab have led to an alarming rise in pollution levels in the NCR and its adjoining areas. The fresh plea has sought directions to the Centre and the states concerned to take measures on curbing road dust and stubble burning. It has also sought effective implementation of the odd- even car rationing scheme.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>After finding the alleged killer of Pradyuman and keeping four cops under a scanner for fudging the evidence, the next task for the Central Bureau of Investigation (CBI) is to look into the role of Ryan International School administration.Sources said that the agency will look into the fact whether the school administration was guilty under JJ Act.The school had broken window panes, free access of everyone to the washroom on the ground floor and unfinished boundary walls.The Pintos – owner of the school haven’t been questioned yet and they could be questioned.After facing flak from all quarters, the Haryana Police accepted that omissions took place on their part during the probe. The cops also admitted that they didn’t watch the closed circuit television (CCTV) footage carefully.The initial eight seconds of the footage shows the now accused teenager calling Pradyuman to the washroom. The team members, however, remained silent on exactly how they made this grave error.Last week, the murder case of the seven-year-old student took a new turn after the CBI arrested a class 11 student of the same school and gave a clean chit to the bus conductor, who was arrested by the Gurgaon Police for the murder and sexual assault of the child.Pradyuman Thakur, was found dead inside the toilet of school premises, with his throat slit on September 8.Earlier, the CBI produced the accused, who is a minor, before the Juvenile Justice Board (JJB) and demanded his six-day custody.The accused also confessed to his crime in front of his father, the CBI had told a juvenile court.The CBI said that the accused committed the crime in order to postpone the parents-teachers meeting and the exams. Meanwhile, the accused student has been sent to Faridabad observation home where he will be kept until the next hearing in the case on November 22.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Around four lakh teachers, working in government schools on a contractual basis, have threatened to proceed on an indefinite strike, if the Bihar government does not implement ‘equal pay for equal work’ for them.The decision comes in the wake of the Bihar government mulling to move the Supreme Court over Patna High Court’s decision that contractual or ‘Niyojit’ teachers were entitled to equal pay as their regular counterparts.On October 31, a division bench of Chief Justice Rajendra Menon and Justice Anil Kumar Upadhyay had directed the state government to fix pay scales of contractual teachers on a par with regular teachers of nationalised schools, within three months.However, with the state government yet undecided, more than 20 associations of contractual teachers of primary, secondary and senior secondary levels, have come together and said, “If the Bihar government does not implement equal pay for equal work by January 31, 2018, they will lock the schools across the state and proceed on strikes from February 1, 2018.”It may be mentioned that the Class X and XII exams of Bihar School Examination Board is held in February and March, and the contractual teachers comprise a major chunk of its invigilators. The education department will face much inconvenience in the event of the teachers proceeding on strike. However, implementation of the ‘equal’ pay scale, will put an additional burden of Rs 2,900 crore on the state exchequer. The contractual teachers were appointed by Chief Minister Nitish Kumar, after he came to power in 2005, to fill up existing vacancies and streamline the education sector in Bihar. Initially, they were offered a consolidated pay, however, few years into service and they started staging agitations demanding equal pay for equal work. While they were given a ‘pay scale’ in 2015, it was still less than the regular teachers.
<!– /11440465/Dna_Article_Middle_300x250_BTF –> Investigation in Pradyuman murder case has revealed illegality and destruction of evidence by Gurugram Police, Central Bureau of Investigation (CBI) sources said on Sunday.Earlier on Wednesday, the murder case of the seven-year-old Ryan International School student took a new turn after the CBI arrested a class 11 student of the same school and gave a clean chit to the bus conductor, who was arrested by the Gurugram Police for the murder and sexual assault of the child. Pradyuman Thakur, was found dead inside the toilet of school premises, with his throat slit on September 8.Earlier, the CBI produced the accused, who is a minor, before the Juvenile Justice Board (JJB) and demanded his six-day custody.The accused also confessed to his crime in front of his father, the CBI had told a juvenile court. The CBI said that the accused committed the crime in order to postpone the parents-teachers meeting and the exams. Meanwhile, the accused student has been sent to Faridabad observation home where he will be kept until the next hearing in the case on November 22.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>A five-judge bench of the Supreme Court headed by Chief Justice of India Dipak Misra yesterday annulled the decision of a two-judge bench headed by Justice Jasti Chelameswar to form a Constitution bench to hear the plea for court-monitored probe by a Special Investigation Team (SIT) into the alleged bribery case involving retired Orissa High Court judge IM Quddusi and others.The issue that became the subject matter of heated argument between the counsel for the petitioners and the CJI himself was whether CJI Misra ought to have recused from being part of the five-judge bench.Behind the demand for the CJI’s recusal was the fact that another bench headed by him had earlier heard the case involving the erring medical colleges. The PIL alleges that the retired high court judge who was arrested by the CBI had used his influence in the judiciary to get favourable orders for a college.The college in question set up by the Prasad Education Trust was one of the 46 colleges barred by the Government from admitting medical students for the forthcoming 1 or 2 years because of substandard facilities and non fulfilment of the required criteria.Here is what happened thereafter: In August first week, a bench comprising the CJI and Justices Amitava Roy and AM Khanwilkar directed the Health Ministry to conduct a fresh inspection “to obviate the possibility of any injustice in the process.” The ministry gave the college a fresh hearing but found nothing in its arguments to make it change its earlier decision.This is where the rot set in, according to the CBI. The college management got in touch with Justice Quddusi, who allegedly advised them to withdraw the petition from the Supreme Court, which they did.They then filed a petition in the Allahabad High Court, making, basically, the same prayer.In a curious turn of events, the High Court allowed the medical college to be on the list of colleges notified for counselling. The HC also stayed the ministry’s order to encash the bank guarantee.The MCI challenged the HC’s decision in the apex court, which, on August 29, disposed of the appeal after the college submitted that it would not claim any benefit from the order passed by the High Court.Two days later, on August 31, Prasad Education Trust filed a writ petition, which was admitted for hearing by a bench headed by the CJI.On September 18, a bench headed by CJI Misra ruled that there would be no renewal for the academic session 2017-18. It further stated that the bank guarantee that was deposited shall not be encashed and be kept alive. The bench also directed the MCI to send inspecting teams to the Institution as per the schedule to re-evaluate and consider granting the college leave of permission for the academic year 2018-2019.The very next day, on September 19, the CBI filed an FIR accusing Justice Quddusi and fixer Bhawana Pandey and other in a case of corruption.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>In what can be called a u-turn, the Arvind Kejriwal government called off the odd-even scheme Delhi on Saturday.The car-rationing scheme, which was supposed to be rolled out from Monday, had also got a conditional nod from the National Green Tribunal.The core reason was top green court rejecting several exemptions during the odd-even phase proposed by the Delhi government.In what seems as more odd than even twist, the government will now petition before the NGT on Monday against its order.The fast-paced back to back developments were triggered by an order of the NGT earlier in the day, which said that no exemption should be allowed to “any person or officer and two-wheelers” during the proposed car rationing scheme for five days from November 13.A bench headed by NGT Chairperson Justice Swatanter Kumar on Saturday said that the odd-even scheme should be implemented “without any default” as and when PM (particulate matter) 10 level goes above 500 microgrammes per cubic metre and PM 2.5 level crosses the limit of 300 microgrammes per cubic metre during a span of 48 hours.The NGT at the same time ordered that no exemption should be allowed to “any person or officer and two-wheelers”.In contrast from the Delhi government’s announcement women drivers, two-wheelers and vehicles carrying children in school uniforms, besides VVIPs, the NGT said the road rationing scheme would be applied with equal vigour to all vehicles. It allowed the exemptions only for emergency vehicles such as ambulances and fire tenders.Earlier the Central Pollution Control Board and the Delhi Pollution Control Committee appearing before the NGT bench told it that two-wheelers were more polluting than other vehicles, and emissions from motorbikes accounted for 20 per cent of the total vehicular pollution.The bench also castigated the government over its decision to hike parking fees saying, “measures such as enhanced parking fees to decrease pollution are absurd.”Ruing the NGT ordering withdrawal of exemptions under the scheme, Delhi Transport Minister Kailash Gahlot said the government is not ready “to compromise with the safety of women”.”We respect the NGT decision. Two conditions of NGT that two-wheelers and women cannot be exempted make it difficult to implement odd-even as we do not have adequate buses.”“Also we cannot compromise with the safety of women. We cannot take risks. PM2.5 and PM10 levels have also come down. So at the moment we are calling it off,” the minister said after an emergency meeting chaired by Chief Minister Arvind Kejriwal.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has directed the DTC to give the salary of 17 years with revisions to a bus conductor. Earlier, the conductor had been removed from service at the instance of an apparently disgruntled co-worker, on the grounds that the institution from which he had obtained his matriculation was not one whose certificates were recognised for employment with the Centre.While passing the order, Justice C Hari Shankar observed, “Removal of a low paid employee, such as a conductor, from service, has far-reaching consequences. It amounts to a civil death.It eviscerates not only the livelihood of the employee concerned but has the perilous potentiality of wiping out his entire family, and all others dependent on him for substance”.Chander Singh was a retainer crew conductor employed with the DTC on February 11, 1981. Consequent upon the completion of probation, his services were confirmed on August 10, 1982. However, a couple of years later, one Ram Singh, another employee, informed the DTC that Chander was not a matriculate even though he had given documents pertaining to his qualification.Following an inquiry conducted against him, Chander was removed from service. This removal was challenged by the conductor in a labour court which termed the order of removal as “illegal” and “unjustified.”The Tribunal directed the re-reinstatement of the conductor with continuity of service and full back wages, noting that he had been unemployed since the date of termination.This order was challenged by the DTC in the High Court stating that the conductor was guilty of cheating, fraud and misconduct.The court mentioned that the conductor had not contested the proceedings and there was no clue as to whether he was dead or alive.”I do not know whether he is alive, or dead and neither does the petitioner (DTC). Whether this order would, in the ultimate eventuate, have any meaning, for anyone, is a moot question. Are we, at the end of it all, serving the cause of justice?”, the court asked.Justice Hari Shankar also said, “the removal of the conductor from service betrays an indifference to the consequences of such an action which is pathetic as well as apathetic”.”I, therefore, entirely concur with the learned Tribunal in holding that the removal of the petitioner from service was illegal and unjustified,” the court said in its order.The court also rapped the DTC stating the “though the facts of the present case would warrant the imposition of heavy costs on the petitioner (DTC), I reluctantly refrain from doing so, as there is no appearance on behalf of the respondent.”Justice Hari Shankar noted that reinstatement after such a long time would serve no purpose. He thereby directed the DTC to make all efforts to trace the conductor and disburse, “the quantum of wages, which he would have earned, had he continued in service till superannuation…””This would also include any increments, enhancement on account of pay revisions, etc. to which the Singh would have become entitled from time to time,” he added.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>In an action-packed day at the Supreme Court, senior advocate Prashant Bhushan stormed out of court.Bhushan expressed his displeasure at the refusal of the Bench headed by CJI Dipak Misra to hear him. The 5-judge bench of CJI Misra was hearing a petition filed by Campaign for Judicial Accountability and Judicial Reforms (CJAR).Bhushan was quoted saying by BarandBench.com: “You have heard persons who are not even parties to the case for an hour. If Your Lordships want to pass an order without hearing me, then do it.”He reportedly stormed out with marshalls escorting him.A bemused Bhushan tweeted after the proceedings: “Extraordinary proceedings in SC today in the case seeking SIT Investigation in medical college bribery case involving the CJI! CJI presided over a hand picked bench to override yesterday’s order referring this case to top 5 judges. This despite having a direct conflict of interest.The court proceedings were extraordinary in that the CJI was asking all kinds of lawyers who were not parties to say things against the order of Court 2, w/o hearing petitioner. He tried to justify his role in the medical college case & speak against ‘impropriety’ of Court 2.”On Thursday, Justice Chelameswar had ordered setting up a 5-judge bench excluding the CJI to probe allegations of bribery to allegedly influence outcome of cases.Another petition on the same issue came up for hearing and were set to be heard on Monday.However, at 3 PM today, CJI Misra constituted a seven-judge bench to review the decision of Justice Chelameswar’s order for a probe yesterday. But, two judges recused themselves, making it a five-man panel.Around 4PM, the 5-member bench panel headed by CJI Misra took the decision to annul the order passed by Justice Chelameswar ordering a probe into allegations of judicial corruption.A five-judge bench declares CJI to be the master of the roster. Any judicial order passed by any other judge to set up a bench will be “ineffective and not binding,” rules the Constitution Bench.Order passed a day ago by Justice J Chelameswar’s bench indirectly annulled.The bench by the CJI didn’t include Justice Chelameswar who is the second senior-most judge in the Supreme Court.The CJI, meanwhile, deemed that he was the only one who could set up benches to look into cases, and no other judge, no matter how senior, could order a formation of a constitutional bench.With inputs from agencies
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The National Green Tribunal (NGT) on Friday said it would examine the Delhi government’s decision to roll out odd-even car rationing scheme for five days starting from November 13.A layer of smog continued to engulf Delhi on Friday with some of the areas still gripped in the hazardous category of air quality index.The pollution level in Punjabi Bagh at 802, Mandir Marg at 515, Anand Vihar at 571 and Dwarka at 420 fall under the hazardous category.A bench headed by NGT Chairperson Justice Swatanter Kumar directed the Delhi government to submit before it the details of the ambient air quality during the earlier implementation of the odd-even scheme.The Green panel directed the counsel appearing for the Delhi government to be ready with all the requisite data and show before it the reason for implementing the latest odd-even scheme.The AAP government on Thursday announced the introduction of the odd-even scheme as part of a Graded Response Plan to tackle the alarming pollution situation in the national capital. ALSO READ Delhi: Driver misses turn due to smog, car falls in Yamuna river; 2 killedWith nearly 13 lakh private cars expected to keep off the road per day after the odd-even scheme kicks in from Monday, the government is looking to hire 500 buses to ensure smooth comute for the public.The odd-even scheme will be rolled out in Delhi for five days from November 13 to November 17. The scheme will be in place from 8 am to 8 pm and there will exemptions for women drivers and two-wheelers. ALSO READ Gurgaon Metro station’s ‘oxygen chamber’ is now Delhiites’ safe havenThe pollution monitoring body had said that there was no data to indicate that car rationing scheme has any impact on decrease in vehicular pollution and the fluctuations in PM10 and PM2.5 is due to weather and change in wind patterns.The national capital is experiencing ‘severe’ air quality under a blanket of thick haze, as pollution levels have breached permissible standards by multiple times.The Central Pollution Control Board (CPCB) has recorded ‘severe’ air quality, meaning that the intensity of pollution was extreme. In the wake of the soaring pollution level in the city, the Health Ministry on Wednesday issued a pollution advisory, asking citizens to drink plenty of water and avoid areas with smoke or heavy dust. The LG, Anil Baijal, has directed the Delhi Traffic Police and municipal corporations to prohibit the entry of heavy and medium goods vehicles from 11 pm on Thursday to 11 pm November 12.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>India’s Dalveer Bhandari and Britain’s Christopher Greenwood are locked in a neck-and-neck fight for re-election to the International Court of Justice (ICJ).Based out of The Hague, the ICJ has a bench of 15 judges, five of whom are elected every three years for a nine-year term.Along with justice Bhandari and justice Greenwood, three others — Ronny Abraham of France, Ant nio Augusto Can ado Trindade of Brazil and Abdulqawi Ahmed Yusuf of Somalia — were seeking re-election. Their terms expire on February 5, 2018.Nawaf Salam of Lebanon was also in the fray, making a total of six candidates for five positions.Judges of France, Somalia, Lebanon and Brazil were elected after fourth round of voting late in the afternoon, as they received absolute majority in both the General assembly and the Security Council elections.Stakes are now high for both India and Britain for the last seat.In the fourth round, Bhandari received a majority — 115 votes — in the General Assembly, while Greenwood received 76 votes.However, in the 15-membered Security Council Greenwood got majority (nine) of the votes as against six votes by Bhandari.As a result, another round of votes have been scheduled for Monday.As per the United Nation’s ICJ election rules, the candidates need to get absolute majority in both the General Assembly and the Security Council.Both elections are held simultaneously but independently of each other.That means 97 votes in the Assembly and eight votes in the Security Council are required to win the ICJ election.Several rounds of elections were held today at the General Assembly and the Security Council in the absence of any candidates getting absolute majority.A former judge of the Supreme Court, Bhandari, 70, was elected to the International Court of Justice in April 27, 2012 following a vacancy after the resignation of sitting court judge Awn Shawkat Al-Khasawneh from Jordon on being appointed as the Prime Minister.Bhandari had received 122 votes in the UN General assembly as against 58 for Florentino Feliciano from the Philippines.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Around 15,000 autorickshaw drivers from Vasai-Virar region and in the adjoining areas of entire Palghar District went on strike demanding the immediate construction of brake test track, which was ordered by the Bombay High Court this month.Thousands of commuters were left stranded due to the strike.The Bombay High Court on September 14, had granted time till April end next year to provide 250-metre-long tracks to conduct brake tests of vehicles in all Regional Transport Offices (RTOs).A division bench of justice Abhay Oka and justice Riyaz Chagla was hearing Srikant Karve’s PIL alleging that RTO officers were issuing fitness certificates to various vehicles without mandatory checks laid down under the Motor Vehicles Act. “We have been told to visit Kalyan RTO for the brake test despite the closest being Vasai RTO. The government should ensure that they construct the track as soon as possible so that we do not suffer. The strike is called against the government for failing to develop the brake test track.”, said Vijay Khetle,President,Auto Rickshaw Taxi Chalak Mahasangh.”The Public Works Department should allocate the land and develop the track. Thousands of new transport vehicle owners will have to go at Kalyan and get the test conducted which will be a major hassle.”, said Khetle.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Chief Electoral Officer (CEO) was asked by the Gujarat High Court to file an affidavit and provide details if the Election Commission (EC) had started any awareness campaigns on Voters Verifiable Paper Audit Trail (VVPAT) and None Of the Above (NOTA) options among voters and if not, had any plans to do the same.Elections for the 182-member Gujarat Assembly will be held over two phases on December 9 and 14.Advocate KR Koshti filed a Public Interest Litigation, in which, he alleged that although VVPAT and NOTA options are being used during the elections, voters have no or little knowledge of them. Hence, the Election Commission should run awareness campaigns for the voters, he said.He has also said that the District Collector’s office should organise mock rounds at booth level and teach voters how to use the two options.While appearing for the CEO, advocate Shalin Shah and counsel Megha Jani submitted that the Commission has already launched a voters awareness campaign and pamphlets are being circulated as well. Booth level officers, during their rounds and while issuing the voters’ slip, are also explaining to people how to use the EVM machine and how the VVPAT works, they added.After hearing the submissions of all parties, the first division bench of Chief Justice R Subhash Reddy and Justice Vipul Pancholi has asked the Chief Electoral Officer to file an affidavit about the awareness campaigns taken up so far. The matter is kept for hearing on November 16.FOR BETTER VOTESPolls for the Gujarat Assembly will be held over two phases on December 9 and 14 Chief electoral officer will file an affidavit about any campaigns planned for the voters
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Deeming the current weather condition in the Capital an “emergency situation”, the Delhi High court has directed the Centre to hold meetings with relevant authorities in Delhi and adjoining states of the National Capital Region (NCR) to introduce short-term measures to control pollution immediately.A bench of Justice S Ravindra Bhat and Justice Sanjeev Sachdeva also issued a slew of measures including water sprinkling, cloud seeding, and an immediate ban on constructions to battle the “pea soup fog”, which it said had engulfed the city of London in 1952.”What we are facing today has already been faced by London. They call it a pea soup fog. It is a killer. Stubble burning is the visible villain in it, but there are other elephants in the room, too,” the bench said.”Stubble smog is the cataliser but construction dust on road, vehicular emissions and industrial pollution is a deadly mix. We have to deal with it one by one. But, what can be done immediately?” the court asked.During the course of the hearing, the court-appointed amicus-curiae, senior counsel Kailash Vasdev, informed the court that several measures like a total ban on the felling of trees, sprinkling water on the streets and ensuring sufficient supply of oxygen should immediately be taken to bring the situation under control.He also sought that Delhi and all the neighbouring states like Punjab, Haryana, Uttar Pradesh and Rajasthan should file a status report on stubble burning.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>If Karti Chidambaram is allowed to travel abroad, we fear he may not return, the Central Bureau of Investigation told the Supreme court on Thursday.Sharing their apprehension, the CBI, through its counsel additional solicitor general Tushar Mehta, opposed Chidambaram’s appeal to travel to Cambridge to attend a lecture and a meeting.Mehta’s submission cane after the bench, led by Chief Justice of India Dipak Misra, perused a report by the agency, highlighting material found during the investigation.”The incident in June-July coupled with the vehemence with which he insists on going again inspires no confidence,” Mehta told a bench that also consisted Justices AM Khanwilkar and DY Chandrachud.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The CBI questioned Ryan International School’s 16-year-old student on Thursday and took him to a shop from where he may have procured a knife to kill his Class II junior Pradyuman Thakur on the Gurugram campus two months ago. The agency apprehended the Class XI student late on Tuesday, in a sensational twist to the crime for which school bus conductor Ashok Kumar is in jail after being arrested by the Haryana police.On Friday, the CBI will take the juvenile to the school to reconstruct the murder that sparked outrage and triggered safety measures across campuses. The seven-year-old had been found with his throat slit outside a school toilet on September 8, sparking violent protests by parents and locals.The CBI refused to comment on a blood-stained knife that the Haryana police said it had found from the tool box of a school bus driven by Kumar. The agency said it has found the knife used in the crime and thrown in a commode.The CBI theory has questioned the investigation by the Haryana police which defended itself on Thursday. Gurugram Commissioner of Police Sandeep Khirwar said, “I am not aware of what CBI has found. We had the crime scene inspected by our forensic team.”He said the state police had investigated the case for 12-13 days and had not concluded anything. “Hope, CBI will bring justice to the family. There is a lot of speculation going on… let CBI investigate the case,” he said.He refuted the charge that that police had botched up the probe, saying that it was moving logically in the direction where the evidence led. He said the police was not given time to complete the probe.The suspect student was produced before a Juvenile Justice Board on Wednesday which allowed the police to question him. He was weak in studies and committed the crime to have school exams and a parent-teacher meeting postponed, said sources in the CBI, which took over the case on September 22 after a massive uproar.He confessed to his crime, in front of his father and an independent witness, the agency told the juvenile court.Teachers had noticed the suspect, reportedly under psychiatric evaluation over anger issues, bringing a knife to school four days before the murder, but the Gurugram police did not give any importance to this crucial bit of information, sources said.CCTV footage, in which the Class XI student was seen near the toilet minutes before the murder, was also ignored by state police.Pradyuman’s father Barun Thakur, an MNC executive in Delhi, said the family always suspected that the case was being mishandled and the bus conductor was arrested in a hurry. “We had been telling the police to question other people but they were focused on the bus conductor,” he said.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Bombay High Court on Thursday warned the Mumbai Metro Rail Corporation Limited (MMRCL) that it would stop all work on the Metro 3 line between Colaba and SEEPZ if its previous order banning any work or ancillary work during night time is flouted.A division bench of Chief Justice Manjula Chellur and Justice MS Sonak said: “Don’t compel us to stop the work, if work is carried out beyond prescribed period. It will be viewed seriously and appropriate action would be taken.”The court gave this warning while hearing a petition filed by south Mumbai resident Robin Jaisinghani, who has claimed that work during night time is going on in violation of noise pollution rules. The High Court had earlier banned any activity during night time. However, Jaisinghani informed the court that even when residents make complaints to police on a regular basis, the work continues even after the police have visited the spot.To this, the court said: “Do you (MMRCL) think they can do anything and get away with it? We want names of the officers in charge of carrying out the work and we will take appropriate action against them.” MMRCL assured the court that work won’t be carried out at night and its orders will be followed.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Union Tourism Minister KJ Alphons on Thursday was elected as the unopposed Rajya Sabha MP from Rajasthan.After Congress did not elect any candidate and there was no other nomination for the seat, Alphons was elected as the Rajya Sabha MP.”I thank Honorable PM Shri Narendra Modi ji, Shri Amit Shah Ji, Shrimati Vasundhara Raje ji, MLAs, and the people of Rajasthan for electing me as a member of parliament,” Alphons said after being elected.The seat was vacant since M Venkaiah Naidu was elected as the Vice President.BJP state president Ashok Parnami, State parliamentary secretary Rajendra Rathore, social justice and empowerment minister Arun Chaturvedi and others were present during the occasion.Alphons joined politics when as an independent MLA backed by the CPI(M) in Kerala in 2006 but joined BJP in 2011.(With Inputs from PTI)
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Bombay High Court on Thursday continued till November 15, it’s order directing the Brihanmumbai Municipal Corporation, which was carrying out demolitions in the Garib Nagar slums in Bandra (E), to maintain status quo for a week. A division bench of Justice Vasanti Naik and Justice Riyaz Chagla have tagged the petition filed by local resident Nilofer Qureshi along with other petitions filed challenging demolition drive along the Tansa Pipeline.Recently, a major fire that erupted during a court-ordered demolition drive by the BMC to clear shanties falling in the buffer zone of the Tansa pipeline.Qureshi, who sought permission for the reconstruction of her shanty, claiming it was built prior to 1995. The plea also claimed that the corporation had carried out the demolition action without notice.However, senior advocate Anil Sakhare and advocate Joel Carlos opposed the plea on grounds that the demolition is in pursuance of the High Court order passed a few years back, ordering the removal of slums along the pipelines in phases. Accordingly, the slum tenements totalling around 325 were removed in phase II and phase III. The court on last hearing accepted the statement, and refusing to grant interim relief for the redevelopment of demolished shanties. Train services were affected on the Harbour line between Bandra and Andheri stations as slum dwellers spilled onto the tracks after a massive fire broke out in Garib Nagar slums in Bandra East.The incident, which took place during a demolition drive ordered by the Bombay High Court, saw slum dwellers getting their furniture, TV sets, refrigerators, sewing machines and even gas cylinders onto the railway tracks and platforms 6 and 7 of Bandra station, blocking the fifth line meant for long-distance trains, and also the Up Harbour line towards Chhatrapati Shivaji Maharaj Terminus.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Central Bureau of Investigation (CBI) begins questioning of the juvenile apprehended for allegedly killing his school junior Pradyuman Thakur. The CBI has also planned to take a suspect student to Ryan International School in Gurugram where he killed a seven-year-old boy. The suspect is being grilled about the weapon used in a crime and why Pradyuman. The suspect student was apprehended on Tuesday late night and produced before Juvenile Justice Board on Wednesday. The Board allowed the police to question the suspect who is Class XI student. The student killed Pradyuman randomly with a motive to postpone examination and parents and teachers meeting scheduled later in the month.The CBI is also probing the weapon used in the crime. A forensic team that had visited the spot where Pradyuman had found a knife from a commode in the toilet. This was after the police had claimed that they had already recovered a blood-soaked knife from Ashok Kumar, the bus conductor who was arrested for the murder.This two-weapon theory had blown the lid off the Gurugram police’s botched-up probe, which the Central Bureau of Investigation (CBI) has now rejected. The agency has claimed that the knife found in the commode was the one actually used for the crime.The police had claimed that the knife they recovered was a part of the bus toolkit. The bus driver, however, maintained that there was no knife in the box.According to the CBI, a Class XI student of the same school killed Pradyuman, while rejecting the police theory that the conductor sexually assaulted the child before slitting his throat.Sources said the school teachers had noticed the suspect bringing a knife to school four days before the murder, but the Gurugram Police did not give any importance to this crucial bit of information.”We would not comment on the role of the Haryana Police. We followed our line of investigation. Now, the court will decide,” a CBI spokesperson said.The crucial CCTV footage, in which the Class XI student was seen near the toilet minutes before the murder, was also ignored by the cops. “The CCTV footage shows the suspected student pushing Pradyuman towards the washroom,” a CBI source said.The agency also found out that the student was the first to inform the gardener about the incident. “After scientific analysis of the crime scene and CCTV footage, and questioning of several people, we zeroed down to the Class XI student as our prime suspect,” a senior CBI officer said.Pradyuman’s father Varun Thakur said the family always suspected that the case was being mishandled and the bus conductor was arrested in a hurry. “We had been telling the police to question other people but they were focused on the bus conductor, who was seen coming out of the washroom before Pradyuman came out with his throat slit,” he said.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The 16-year-old juvenile accused of murdering a seven-year-old boy inside Gurugram’s Ryan International School was produced before the juvenile justice board who allowed the CBI to question him for three days. The CBI had asked for six days but were instead granted three.As the number of mediapersons and vans increased at the Vikas Sadan in Gurugram, heavy police force was deployed before the juvenile was produced. The entry for mediapersons and even other advocates present on the court premises was barred.Around 3:30 pm, a team of CBI officials arrived at the court followed by the lawyers. The juvenile arrived in a white SUV car.During the arguments, Sandeep Aneja, lawyer of the accused, stated that the CBI’s demand for six days’ interrogation is only based on the fact that he had confessed to the crime.”The CBI has only stated the confession of the boy. They do not have evidence against him,” added Aneja.The boy’s father, who is also an advocate or rather belongs to a family of advocates, was present at the court and said, “My son is innocent. He has not killed anyone.”The CBI requested the custody of the juvenile on five aspects. The first, as per the remand papers, included ascertaining and identifying the shop from where the weapon was procured. The second point the CBI stated was to ascertain the details of any other person involved in the crime and to re-create the sequence of events. Third, to establish the sequence of events which led to the murder. Fourth, to unearth if there was any conspiracy behind the crime and lastly to collect more evidence in connection with the case.On the other hand, AK Singh, lawyer for the CBI, said the video footage was enough for them to seek remand.While giving permission to the CBI officials to interrogate the juvenile, Judge Devinder Singh also added that a member of the Juvenile Justice Board be appointed at all times with the juvenile since the case is sensational. The judge added that he is to be questioned between 10am to 6pm with the officer present as well.The juvenile was picked up by the CBI around 11:30 pm from his residence. The CBI stated that after analysing the crime scene, analysing CCTV footages, questioning employees/teachers, movement of other children and the boy, they had apprehended him on Tuesday night.It may be recalled that when the accused conductor Ashok Kumar was arrested, the Gurgaon Bar Association were up in arms against the accused and had refused to fight his case. Lawyers present on the court premises said, “None of them took up the case of Ashok, but today it’s a lawyer’s son and everyone is supportive. What about the first accused who the police arrested?” said a lawyer who did not wish to be named.HOW IT HAPPENED?September 8: 7-yr-old Pradyuman Thakur was found lying outside his classroom bleeding profusely Sep 8: Gurugram police claims to have cracked the case and arrested bus conductor Ashok Kumar Sep 11: Two top officials of Ryan International School arrested while acting principal detained for questioning Sep 22: CBI takes over investigation Sep 28: Punjab and Haryana HC stays arrest of Pinto family until October 7 Nov 8: Class XI student arrested, who allegedly admits to crime since he wanted to postpone exams
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The National Green Tribunal (NGT) on Wednesday questioned the Delhi government and the Central Pollution Control Board (CPCB) for not shutting down industrial activity and construction work to reduce severe levels of pollution.The green court also questioned as to what steps had Punjab and Haryana taken to stop crop burning and directed the Delhi Pollution Control Board to submit an analysis report of the ambient air quality of the city after monitoring across various locations.A bench headed by Justice Swatanter Kumar questioned the authorities after Punjab Pollution Control Board advocate Naginder Benipal alleged that scores of illegal industries were operating in Delhi contributing to air pollution.”Why don’t you pass directions to stop construction and industrial activities for a month? What are you waiting for? Are courts your local guardians? Do you know what you are doing to children…old people cannot walk,” said Justice Swatanter Kumar.The bench made these observations during a brief hearing of the case on stubble burning filed by environment activist Vikrant Tongad.Pollution levels in the Capital continued to be in the ‘severe’ category for a second consecutive day on Wednesday, making it hazardous for even healthy people to be outdoors.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>A public interest litigation (PIL) was filed with a prayer to direct the Chief Electoral Officer (CEO) and the District Election Officer (DEO) to organize awareness programmes for the use of None Of The Above (NOTA) and Voters Verifiable Paper Audit Trail (VVPAT).KR Koshti had filed a public interest litigation alleging that VVPAT was being introduced in the elections for the first time. Similarly, a NOTA was introduced only in the last Lok Sabha elections. Even that was new for the voters and the voters found it extremely difficult to it, the PIL stated.Citing a 2011 census report, the petitioner claimed that some 78 per cent population of the state is literate. This clearly indicates that the people of the state could easily learn the process of dealing with the new system. Therefore, CEO, DEO and returning officer should also be directed to organise awareness programmes either at the office of the collector or at the polling booths, the PIL added. The EC had earlier directed all the states to hold such training camps at the earliest. However, when the matter was being heard on Wednesday, the first division bench, comprising Chief Justice R Subhash Reddy and Justice Vipul Pancholi found that the counsel appearing on behalf of the CEO was missing. The case will be heard on Thursday. POLL PREFERENCESKR Koshti had filed a public interest litigation alleging that VVPAT was being introduced in the elections for the first time. A NOTA was introduced only in the last Lok Sabha elections. Even that was new for the voters and the voters found it extremely difficult to it, the PIL stated.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Senior Police Inspector of Pydhonie police filed an affidavit in Bombay High Court on Wednesday opposing a petition filed by a Lok Seva welfare association which has been granted permission to construct, operate and maintain a public toilet facility on Mohammed Ali road by BMC.As per an affidavit filed by Inspector Avinash Kanade, through government pleader GW Mattos, the permission granted by the BMC is without obtaining NOC from the traffic department which controls vehicular movement in the city.Further, toilets are being constructed at the entrance of the police staff quarters, located opposite Mandvi post office, which will adversely affect the health of the family members of police personnel.It is claimed that the underground water connection passes adjacent to the place where the toilet facility would be constructed, posing a health hazard for residents of the staff quarters/colony.Moreover, in the vicinity where the toilet is to be constructed, two more public toilets exist within 100 and 300m. Thus, there is no paucity of public sanitary convenience blocks in the said vicinity.A division bench of Justice Vasanti Naik and Justice Riyaz Chagla after going through the affidavit has now asked the corporation to verify the contention of the police that there exist additional toilets in the same vicinity and posted the matter for further hearing on November 17.Lok Seva welfare association has approached the court seeking directions to restrain senior police inspector Pydhonie, Deputy Commissioner of Police of the zone, from stopping the construction of the toilets on the footpath. The civic body had on November 5, 2015, granted permission to the petition to construct the toilet. However, on the police coming to know of it have been opposing the same and written to the additional police commissioner of the zone and even the Municipal Commissioner, opposing the construction. However, the association claims that it is entitled to construct the toilet to carry forward the Swach Bharat Abhiyan.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Amidst high drama in the courtroom, the Supreme Court on Wednesday observed that top judicial appointments were not matters to be discussed in a public forum. Openly disagreeing with the observations of a two-judge bench — passed last month, Chief Justice of India Dipak Misra maintained that the reason behind delay in finalising the new Memorandum of Procedure (MoP) was not an issue to be heard on the judicial side.”After the Constitution Bench has gone into all this in the NJAC issue, there is no need to go into them now… these are not matters to be gone into on the judicial side at all. That’s all there is to be said,” the CJI noted.However, the decision of the bench – which also comprised Justices AK Sikri and Amitava Roy, was hotly contested by advocate RP Luthra who had filed the petition, incurring their wrath.The hearing saw heated arguments by Luthra, who wanted his submissions to be heard before deciding the matter.Amicus curiae KV Vishwanathan also told the bench, “It (delay in finalising MoP) is a matter of grave concern. There is a feeling that there is undue delay. The pendency is shocking. Access to justice is a fundamental right.”Responding to Luthra and Vishwanathan, the bench said, “These are not matters to be taken up on the judicial side and so we are dismissing the petition. You don’t know what all steps we have taken and we do not intend to say it here.”Incidentally, on October 27, the bench of Justices Adarsh K Goel and UU Lalit had issued notice to the Centre on a petition which had challenged the delay in finalising the new MoP.The petition filed by Luthra had challenged the appointment of new judges to the higher judiciary on the grounds that the MoP had still not been finalised in terms of the decision of the apex court.Though, the bench Justices Goel Lalit had dismissed this, it had found merit in the prayer that there should be no further delay in finalising the terms of the MoP in larger public interest.”Even though no time limit was fixed by this court for finalising the MoP, the issue cannot linger on for an indefinite period. The order of this court is dated 16th December 2015 and thus more than one year and ten months have already gone by,” the bench had noted.The court had sought the presence of Attorney General KK Venugopal and also appointed senior advocate KV Vishwanathan as an amicus to assist the court on this issue.While previous CJI JS Khehar had sent the collegium’s unanimous view on the draft MoP to the Centre in March, the government has been sitting on the file, refusing to take any final view on it.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Central Bureau of Investigation on Wednesday apprehended a Class XI student in connection with the killing of a seven-year-old schoolboy in Gurgaon’s Ryan International School.Pradyuman, a class II student of the school, was found dead with his throat slit by a sharp-edged weapon on the morning of September 8.”The agency has apprehended a child in conflict with the law, a student of the senior class of Ryan International School in a case related to the murder of a student,” CBI said.”On basis of scientific evidence, thorough inspection of the crime scene, analysis of CCTV footage, the initial investigation revealed that the child wanted examination and parents-teachers meeting postponed,” CBI said in a statement.The agency had taken over the probe on September 22.The prime suspect in the killing was the school bus conductor, Ashok Kumar. However, the agency said that the bus conductor has not committed the crime. It further said that the agency doesn’t give a clean chit to anyone. It is the court’s call.”The agency also said that no sexual assault theory came out during our investigation.The post-mortem report of Pradyuman had cited “shock and hemorrhage” as the cause of death.The CBI has taken over the probe after receiving a notification from the Centre. The case had been registered at the Bhondsi police station in Gurugram under the IPC section related to murder, and relevant sections of the Arms Act, the POCSO Act and the Juvenile Justice Act.The Punjab and Haryana High court has granted bail to Ryan school founders in the case till December 5, with conditions.The High Court, however, has imposed stringent conditions along with the bail.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Expressing its anguish, the Delhi High court said on Tuesday that all of Delhi was unauthorised. The court’s observation comes after it was informed about the ongoing demolition of jhuggis in Kathputli Colony in violation of the court’s orders.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar directed the SHO of Ranjit Nagar police station to ensure protection to representatives of the NGOs after an application was moved by a woman activist, who was part of a three member panel that alleged in court that some men at the site misbehaved with her.The court also directed strict compliance of its previous orders.”The respondents shall ensure that our previous orders are strictly complied with,” the bench said, thereby listing the matter for November 16.”…The reading of a copy of the unsworn affidavit…makes for an extremely distressing reading, and if true, may render the persons against whom allegations have been leveled in the same liable under the Contempt of Courts Act, 1971,” the bench said.The court had, on October 31, put on hold the demolition work at the site for two weeks, but had modified its order the next day by allowing DDA to demolish jhuggis whose residents were eligible for relocation and had voluntarily moved out of the Kathputli colony to transit camps at Narela and Anand Parbat.According to the affidavit filed by Sunayana Wadhwanof Sanchal Foundation, she was surrounded by a group of women who verbally abused her when she reached Kathputli colony at 3pm on Monday.She alleged that DDA officials did not help her and that when she requested a policeman to stop the demolition of a jhuggi, he directed her to speak to the concerned DDA officer.She further claimed that at the DDA site office, she was once again surrounded by 30-40 people who were verbally abusing her. She managed to escape and called the police.GOINGS-ONA woman alleged DDA officials did not help her when she was being verbally abused, and when she requested a cop to stop demolition of a jhuggi, he directed her to speak to the concerned DDA officer.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High court quashed on Tuesday the summons issued by Meghalaya State Commission for Women in connection with the alleged discrimination against a tribal woman at the Delhi Golf Club. The court stated that the commission did not have any jurisdiction to send notices.”The state women commission’s order summoning the petitioner is quashed,” said Justice Vibhu Bhakru, while allowing the petition of the Delhi Golf Club.The State commission had summoned the Delhi Golf Club Secretary after a tribal woman, Tailin Lyngdoh, was asked to leave the dining room as her traditional Khasi attire looked like a ‘maid’s uniform” to staffers.On July 13, the high court had stayed the state commission’s order summoning the secretary. The commission had directed the secretary of the club to appear before it in person on July 14.This was challenged by the club, which, in its plea, argued that the commission in Meghalaya did not have jurisdiction to issue such a direction on an incident that happened outside the state.Lyngdoh, a governess, had complained to the state commission accusing the club and its members of allowing racial profiling of people, which was tantamount to racial discrimination of tribal people, a punishable offence.The chairperson of the MSCW said the Prime Minister’s Office and the National Commission for Women had taken note of the incident, and the National Commission for Schedule Tribes and the National Commission for Human Rights had also been petitioned.
<!– /11440465/Dna_Article_Middle_300x250_BTF –>Chief Minister Arvind Kejriwal today told the Delhi High Court that Union Minister Arun Jaitley’s second defamation suit against him over the usage of ‘scandalous’ words by his former counsel was based on hearsay and thus was inadmissible as evidence for fresh action.Jaitley’s counsel, however, termed as “belated” the chief minister’s denial that he had not instructed his former lawyer Ram Jethmalani to use defamatory words against the BJP leader.The submissions were made by Kejriwal in the court of Justice Manmohan who is hearing his separate application which sought Jaitley’s response to his defamation suit of Rs 10 crore to be struck down after the latter’s counsel confirmed that the words against the union minister were used following instructions.Appearing for Kejriwal, senior counsel Anoop George Chaudhari and advocate Anupam Srivastava, told the court that the “averments in the plaint (filed by Jaitley) in regards to the use of defamatory words…said to be uttered, as stated by the senior counsel for the defendant (Kejriwal), are nothing but hearsay.”Senior counsel Rajiv Nayar and advocate Manik Dogra, appearing for the union minister, contended that the Aam Aadmi Party leader has neither substantiated his claim that he did not instruct his former lawyer to use such words, nor did he initiate any action against Jethmalani for using scandalous words without his permission.The CM said that the objectionable words were used by Jethamalani and he was not present in the court on the date of the incident. The court has fixed the application for further hearing on December 14 after the counsel for Jaitley said he does not wish to file a reply to it.Jethmalani, who in September announced his retirement from over seven-decade-long career as an advocate, had used the words while cross-examining the Union Minister in a separate Rs 10 crore defamation case filed by the BJP leader against the AAP convenor and five others of the party in 2015.THE PLEAIn Jaitley’s counsel, however, termed as “belated” the chief minister’s denial that he had not instructed his former lawyer Ram Jethmalani to use defamatory words against the BJP leader. Chief Minister Arvind Kejriwal said that the objectionable words were used by Jethamalani and he was not present in the court on the date of the incident.