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Comments Off on DySP accused in idol case suspended: TN govt informs Madras HC

DySP accused in idol case suspended: TN govt informs Madras HC

News June 30, 2017

DySP accused in idol case suspended: TN govt informs Madras HC

DySP accused in idol case suspended: TN govt informs Madras HC

The Tamil Nadu government today told the Madras High Court that a police officer, wanted for his alleged role in an illegal sale of ancient idols worth Rs 20 crore, has been suspended and efforts were on to nab him.

Recording the submission, Justice R Mahadevan reserved orders on a petition seeking transfer of the idol sale case from the Idol Wing of the police department to Crime-Branch CID.

Special government pleader M Maharaja and Additional Public Prosecutor C Emilias submitted to the bench that the the erstwhile Inspector Kader Batcha, later promoted to the rank of deputy superintendent of police, was suspended yesterday. They also produced a copy of his suspension order.

The law officers told the court that steps were being taken to arrest the absconding DySP, while the police would proceed further with the probe and take steps to recover the idols.

It was also stated that the DGP had issued a circular allocating 20 police personnel, including a DySP, police inspector and sub-inspector to the Idol Wing.

Another accused in the case, Subraj, a constable then and now a sub-inspector, has already been arrested.

The judge had yesterday directed Inspector General of Police (Idol Wing) Pon Manikavel, who appeared before him in response to a June 27 oral order seeking information about the case, to arrest the personnel involved in the illegal sale of two ‘panchaloha’ (five metal) idols eight years ago.

The judge had also raised probing questions on the action taken so far and sought to know why the accused had not been arrested so far.

He had also directed the IG to provide information on the available strength of the Idol Wing and its requirements.

According to petitioner Elephant Rajendran, an advocate, the idols were sold to a smuggler in 2008 allegedly by Batcha and Subraj for Rs 15 lakh.

The policemen had recovered the idols from two persons accused of attempting to sell them to a foreigner, but they allegedly did not record the seizure.

On a complaint from Idol Wing DySP Ashok Natarajan, criminal cases were later registered against Batcha and Subraj, it submitted, adding it was pending before a court in Srivilliputhur in Virudhunagar district.

The accused have not been suspended, it said.

The petitioner said the matter came to his knowledge in April this year by way of a letter left on his car.

Stating that the case cannot be effectively handled by an inspector of the wing since Batcha’s rank was higher than that of the investigating officer, he sought its transfer to the CB-CID.

Contending that the protectors of antique had committed a crime, the petitioner said there was every chance that the accused could escape from the clutches of law.

( Source – PTI )

The post DySP accused in idol case suspended: TN govt informs Madras HC appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on Madras HC grants bail to money laundering case accused

Madras HC grants bail to money laundering case accused

News June 30, 2017

Madras HC grants bail to money laundering case accused

Madras HC grants bail to money laundering case accused

Chairman T D Naidu of defunct DD Medical College, arrested in a Rs 150 crore money laundering case by the Enforcement Directorate, has been granted bail by the Madras High Court on ground of his poor health.

Justice S Vaidyanathan granted bail to Naidu, stipulating that the accused would not go out of Tamil Nadu without the trial court’s permission and would surrender his passport to the investigating agency.

The court granted him bail on a personal bond of Rs 25,000 with two sureties of like amount to the satisfaction of the trial court judge, while warning him against trying to tamper with the evidence or influence witnesses in the case or making bid to abscond.

According to the prosecution, Naidu had cheated several students by taking nearly Rs 45 lakh from each of them for admission despite his institute having no approval of the Medical Council of India to function. Nearly 70 cases had been registered against Naidu.

Allowing Naidu’s bail plea, the judge in his June 28 order said the petitioner had been in prison for nearly two years and as per medical reports, had been suffering from certain ailments.

The court enlarged Naidu on bail, referring to the Section 45(1) of the Prevention of Money Laundering Act, 2002, which provides for grant of bail to the sick or infirm accused.

The judge granted bail to Naidu noting that no custodial interrogation of the accused was required at the present.

The judge also directed the special court to dispose of the case expeditiously by conducting day-to-day trial.

( Source – PTI )

The post Madras HC grants bail to money laundering case accused appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on அரசு அலுவலகங்களில் மத வழிபாடு தடை கோரிய வழக்கு தள்ளுபடி

அரசு அலுவலகங்களில் மத வழிபாடு தடை கோரிய வழக்கு தள்ளுபடி

News June 30, 2017

மதுரை: அரசு அலுவலகங்களில் மத வழிபாடு, கடவுள் படங்கள், மத ரீதியான வாசகங்கள் இடம்பெறாமல் தடுக்க நடவடிக்கை கோரி தாக்கலான வழக்கை, உயர் நீதிமன்ற மதுரை கிளை தள்ளுபடி செய்தது.கன்னியாகுமரி மாவட்டத்தைச் சேர்ந்த, ஹோமர்லால் தாக்கல் செய்த பொதுநல மனு:’அரசு அலுவலகங்களில், அனைத்து மதங்களின் வழிபாட்டு …

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ஜே.இ.இ., எழுதிய மாணவியின் விண்ணப்பம் பி.ஆர்க்., படிப்புக்கு ஏற்க ஐகோர்ட் உத்தரவு

News June 30, 2017

சென்னை: பி.ஆர்க்., படிப்புக்கு, ஒருங்கிணைந்த நுழைவுத் தேர்வு எழுதிய மாணவியின் விண்ணப்பத்தை, அண்ணா பல்கலை ஏற்கும்படி, சென்னை உயர் நீதிமன்றம் உத்தரவிட்டு உள்ளது.சென்னை, அடையாறைச் சேர்ந்தவர், வைத்தியநாதன். இவரது மகள், அம்ருதா; பிளஸ் 2 தேர்வில், 82 சதவீத மதிப்பெண்கள் பெற்றார். கட்டடக் கலையில் பட்டம் …

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Comments Off on ரூ 500 லஞ்சம் : 1 ஆண்டு சிறை

ரூ 500 லஞ்சம் : 1 ஆண்டு சிறை

News June 30, 2017

கிருஷ்ணகிரி: கிருஷ்ணகிரி அடுத்த, துடுகனஹள்ளியை சேர்ந்தவர் சாந்தி, 34. இவர், 2008ல், மகப்பேறு நிதியுதவி பெறும் திட்டத்தின் கீழ், 6,000 ரூபாய் பெறுவதற்காக விண்ணப்பித்து இருந்தார். இதற்காக எம்.சி., பள்ளியில், கிராம செவிலியராக பணியாற்றிய மாதேஸ்வரி, 45,என்பவர் 500 ரூபாய் லஞ்சம் வாங்கினார். இவ்வழக்கில் …

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Comments Off on Exempted Services Under UTGST Act Notified

Exempted Services Under UTGST Act Notified

News June 30, 2017

The Department of Revenue, Ministry of Finance, in exercise of its powers under the Union Territory Goods and Services (UTGST) Act 2017, has exempted certain services under the aforementioned Act. The same shall be effective from tomorrow, i.e. July 1.

Services provided to Central, state, union territory and local bodies, services by way of pure labour works, including construction, erection etc., under the Housing for All Mission or Pradhan Mantri Awas Yojana, services by way of transfer of a going concern, service of renting of residential dwelling for use as a residence, accommodation services of hotel, inn, guest house, lodge for which tariff is below Rs. 1,000, transportation, insurance services, legal services provided by advocates other than senior advocates, pure labour works for construction erection etc., for the construction of a single residential unit other than a residential complex, services provided by educational institutions etc., are exempted under the UGST Act.

Read the Notification Here

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Comments Off on CIC Slams PIO For Denying Pending Case Details Citing ‘Non-Availability Of Files’

CIC Slams PIO For Denying Pending Case Details Citing ‘Non-Availability Of Files’

News June 30, 2017

Aasavri Rai

Central Information Commissioner Prof M Sridhar Acharyalu, in the case of Vijendra Singh Jafa vs PIO, MOSJE, has slammed the PIO for refusing to provide information sought on grounds of non-availability of the files in question and also made recommendations to the Department of Personnel and Training, the nodal agency for the implementation of the Right to Information Act.

RTI applicant VS Jafa had sought information from the Joint Secretary, Ministry of Tribal Welfare (MTA), to Joint Director, CBI, seeking “details of case, if any, pending against Mr. V. S. Jafa” and the CBI’s response to the same, if any.

Mr. Jafa, who retired 20 years ago, claimed that he did not commit anything wrong and required a clean chit.

His plea was that the department should either complete the inquiry pending against him and inform him of the result or drop the process to relieve him of the blame.

In its reply, the CPIO stated that the information sought pertains to the Vigilance Unit of the undivided Ministry of Social Justice and Empowerment (MSJE).

The CPIO further stated that the MTA was carved out of MSJE in October, 1999, and the letters sought were not available in the files transferred to MTA from MSJE.

The First Appellate Authority (FAA) upheld the CPIO’s response. Being dissatisfied, the appellant approached the Central Information Commission (CIC).

Neither was any transfer of files shown, nor was any effort made by the CPIO to find the files.

This amounts to denial on an illegal ground of ‘missing files’ not based on any of valid exception under Sections 8 and 9 of RTI Act.

The same ruling was also given by the CIC in the case of Balendra Kumar vs Ministry of Labour and Employment. The Live Law report could be read here.

The commission further observed that the MTA and MSJE were not in compliance with Sections 52 and 53 of the Manual of Office Procedure, 14th Edition of May 2015, of Department of Administrative Reforms and Public Grievances.

Further, the Commission noted that malicious destruction of records is criminalised under Section 201 of the Indian Penal Code.

As per Section 6 of the RTI Act, the public authority is bound to maintain records. Section 7 states that the Records officer cannot remove records without authorisation. Section 8 criminalises the destroying of records.

The public authorities usually take the defence of rats or termites or flooding for the destruction of files. Mr. Bharatendra Singh Baswan, the appellant’s representative and a senior IAS, stated that “he remembered some allowance for maintaining cat to save the files from rats”.

When the menace of rats is threatening existence of files, the office has a provision to maintain a cat, which eats the eaters of records.

The government has a provision of allowance for rearing a cat in their office to kill rats. Further, the public authorities do not maintain record of most of these ‘accidents’.

23. The frequent reference to ‘missing files’ as an excuse to deny the information is a major threat to transparency, accountability and also major reason for violation of Right to Information Act. Millions of RTI applications might have been rejected by PIOs on this ground during the last 11 years of RTI regime. With “missing files excuse” being around, it will be futile to talk about implementation of Right to Information Act.

The commission observed that the claim of missing files leads to doubts regarding corruption, deliberate destruction and fraud on behalf of the public officials.

The commission directed the PIO to provide the copies of documents sought within 45 days and to produce before the commission the files relating to transfer of files along with the lists, besides explaining what efforts have been initiated by them to trace the documents sought by the appellant.

It also made the following recommendations to the Department of Personnel and Training, the nodal agency for the implementation of the Right to Information Act.

  1. Develop comprehensive set of guidelines to effectively handle the issue of missing files, through better preservation and retrieval systems
  2. Specify steps to be taken up to retrace the untraceable,
  3. Explain how and what alternative or shadow files need to be built, or process of rebuilding the files from offices with whom correspondence must have been made on the file in question, and
  4. Explain steps to be taken to prevent the phenomenon of missing of files, and
  5. Ensure appropriate disciplinary/legal action against deliberate destruction of records or unauthorized removal of permanent or significant records etc. Following websites may be referred to know the record preservation systems elsewhere, which were found useful by the research team of this Commission: http://www.grs.gov.hk/ws/english/engimages/grmp_e.pdf developed by Government of Hong Kong.
  6. Some more references: (i) National Archives of Australia http://www.naa.gov.au/records-management/index.aspx (ii) Library and Archives Canada http://www.collectionscanada.gc.ca/government/products-services/ 007002-3000-e.html (iii) National Archives of New Zealand http://continuum.archives.govt.nz/recordkeeping-publications.html (iv) The National Archives, United Kingdom http://www.nationalarchives.gov.uk/electronicrecords/default.htm  (v) United States National Archives and Records Administration (http://www.archives.gov/records-mgmt/index.html).

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Comments Off on SC gets 4 New Courts, Changes Court Room numbers

SC gets 4 New Courts, Changes Court Room numbers

News June 30, 2017

Apoorva Mandhani

As per a Circular issued on Friday, the Supreme Court will now have four new Courtrooms, when it re-opens on 3 July after the vacations.

Besides, a few Court rooms have been re-numbered. While current Court room 8 has now been changed to Court room 10, Court room 6 will become Court room 8. Court room 7 will house Court room 9, and current Court room 9 will become Court room 11.

Moreover, Court rooms 11, 13 and 15 together become Court rooms 13 and 15. Current Court rooms 10, 12 and 14 have been amalgamated to house two Court rooms – 12 and 14.

SCBA members had been informed of the development earlier through a letter by the SCBA President, Mr. Rupinder Singh Suri.

As per the letter, each of these new Court rooms will have a seating capacity of about 75, as opposed to the present seating capacity of 35.

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Comments Off on Bombay HC Asks MCA Whether IPL Falls Under Sports Or Commercial Activity Category

Bombay HC Asks MCA Whether IPL Falls Under Sports Or Commercial Activity Category

News June 30, 2017

Nitish Kashyap

The Bombay High Court on Friday sought to know from the Mumbai Cricket Association (MCA) whether IPL was a sports or commercial activity.

This question was posed by a bench of Justice AS Oka and Justice Vibha Kankanwadi while hearing a PIL filed by Loksatta Movement, which was filed last year, highlighting water woes faced by the people of Maharashtra, especially during drought.

As a result of this particular PIL, IPL matches that were scheduled to be held across the state were shifted outside.

It was reasoned by a bench headed by Justice VM Kanade that while people of the state did not have enough drinking water, thousands of litres of water was used to maintain pitches for IPL.

On Friday, the court was informed that supply of water is determined by the category under which the requirement falls. So, water for drinking purposes falls under Category A, supply of water for “Shahi Snan” falls in the last category.

After noting that Category C is meant for industrial and commercial purposes, the court asked whether IPL was a commercial activity.

As a result of this query, the MCA will also have to specify whether they took water from the BMC for matches that were held in Wankhede Stadium for this year’s IPL.

This matter will now come up for hearing on August 14. As per directions, the MCA will be filing an affidavit.

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Comments Off on Campaign Against Aadhaar Picks Up Momentum Across India

Campaign Against Aadhaar Picks Up Momentum Across India

News June 30, 2017

LiveLaw News Network

Various organisations and people’s movements, including Right to Food Campaign India, Delhi Rozi Roti Adhikar Abhiyan, Right to Food Campaign Karnataka, Nir Aadhaar Collective, PUCL, and Rethink Aadhaar organised events in different districts towns and cities on Friday in protest against being forced to get services through Aadhaar.

The government’s notifications making Aadhaar mandatory for essential services, including scholarships, school lunches, disability stipends, led to the protests by activists.

In Jaipur, the People’s Union for Civil Liberties organised a discussion which was attended by around 100 people including students, researchers, and activists.

Arjun Sheoran, advocate, the Punjab and Haryana High Court gave a lecture on “Tracking and Surveillance in democratic society: the case of UID Aadhar”.  He spoke about lack of feasibility study before implementing Aadhaar, scope for misuse of the Aadhaar biometric data, the growing surveillance state where Aadhaar can be used to surveil, track and silence ordinary citizens, and the Central Monitoring System (CMS), the mass surveillance tool being used to surveil Internet, phone, electronic data.  From a completely voluntary program, Aadhaar is being made all pervasive, without any need for the same, for mid-day meals, bank accounts, PAN cards, aid to victims of Manual Scavenging/prostitution/bonded Labour, SIM cards etc, he said.

In Karnataka, Right to Food Campaign organized simultaneous events across 14 districts. Groups of citizens protested against Aadhaar, and submitted memorandums to the District Collectors demanding that Aadhaar not be made mandatory for NREGA, PDS, Pension and other government schemes.

In Bangalore, the following social organizations came together to protest against Aadhaar at Town Hall from 11am to 2pm: Right to Food Campaign, Karnataka, Slum Jan Andolana, Karnataka, Milana, and PUCL Karnataka.

The gathering was also addressed by Sukanya, who is the petitioner in the Karnataka HC case which made Aadhaar optional for PDS in Karnataka.

They expressed deep reservations with the mandatory usage of Aadhaar. In the words of one of the speakers: “It is an irony that Aadhaar is being pushed as panacea for poverty eradication, while ground reality is that poor are being denied entitlement. The Supreme Court, which has a duty to question impunity of the Central Government,  is instead trying to find a rationale for its implementation!”

In Delhi students, researchers and activists organised a signature campaign and recorded citizens’ grievances at UIDAI regional office at Pragati Maidan. Hundreds of people standing in the queues since 5 and 6 am spoke of the costs and harassment they face in enrolling for and updating Aadhaar or else they are cut from existing services.

Sushil Singh, 62, who was making his third trip to UIDAI office this week, said that he cannot apply for his pension because his name is erroneously spelt on his aadhaar card.   Bhagwan Singh, a construction worker from Nangoli was there a second time as his Aadhaar card did not have his birth date but only birth year. Om Prakash, a pensioner was there because his Aadhaar card was mysteriously cancelled without any prior notice or hearing granted. Joginder Singh, another pensioner, who is visually impaired, too is rejected during biometric authentication. For such serious gaps, UIDAI has left citizens at the mercy of its call center services, one of the activists alleged.

Protest demonstrations were held at Patna and Lucknow, according to organisers.

According to an activist, “The Day of Action confirmed that the UID project puts an unreasonable burden on citizens. It is coercive, exclusionary, and a careless experiment by the Government of India on citizens’ fundamental rights.”

The protesting activists made the following demands:

 1) Government should stop mandatory use of Aadhaar and withdraw notifications making Aadhaar mandatory for any government benefits, subsidy, or services, including forcing this on children’s welfare and education schemes.

2) Stop commercial use of citizens’ biometrics data.

3) Allow Rajya Sabha amendment for an “Opt Out” of Aadhaar, if a citizen so wishes, and get all stored biometrics data and authentication records deleted.

4) There must be a public consultation on the UID project.

5) The Supreme Court must urgently constitute a Constitution bench to decide the Aadhaar case (Puttuswamy & Ors) pending since 2012.

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