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Tag: Supreme Court

Murli Manohar Joshi Reappointed as PAC Chairman for One More Year

BeyondHeadlines News Desk

New Delhi: Former Union Human Resources Development (HRD) Minister Murli Manohar Joshi was once again reappointed as the chairman of the Public Accounts Committee (PAC) for more year notwithstanding the raging row over his report on the 2G scam even as the government rejected the BJP leader’s claim that majority does not count in finalising reports of the committee.

Joshi (77), who had trained his guns on the prime minister, the Prime Minister’s Office (PMO) and also the home minister, was again nominated by the Bharatiya Janata Party (BJP), following which Lok Sabha Speaker Meira Kumar reappointed him as chairman of the PAC.

The term of the previous committee had ended on April 30. Joshi had triggered a political storm with his draft report circulated among PAC members. 11 of the 21-member committee had rejected his report but Joshi had decided to submit it to the Speaker for being tabled in Parliament.

Joshi termed the rejection by the majority as “unconstitutional.”
“Going by Joshi’s queer theory, the entire democratic system would crumble with a minority in Parliament insisting on treating their views as the decision of the Parliament,” Bansal said adding that Joshi and the BJP should make amends for “inflicting a lacerating wound on Indian Democracy”.

He said this noting that Joshi at his press conference on Saturday had emphatically asserted: “Several members had demanded a division but some others had opposed it too. The numbers are not important, the process is. I don’t have to go by a majority…. They cannot reject the report.”

Bansal said in his anxiety to hurriedly get the PAC stamp of approval on his draft report, prepared by ignoring or twisting facts, Joshi has chosen to mislead the public by his assertions.

The BJP claimed that senior Union ministers, present in Parliament, passed slips to UPA members during the PAC meeting last week on the 2G scam issue which eventually ended in chaos.

“I think it is a bad precedent. They should be ashamed of what they are doing,” BJP spokesman Rajiv Pratap Rudy said.
HRD Minister Kapil Sibal termed the draft as “not a report” as it was not adopted by the Committee, but said it is for the Lok Sabha Speaker to decide on the matter.

Noting that decision by voting is inherent to democratic functioning of institutions, Bansal reminded Joshi that he himself had resorted to voting on April 15 when out of the members then present, NDA had the majority.

“He chose not to do so on 28/04/2011, when all the members of PAC were present and a majority of them had explicitly demanded voting on the draft report,” Bansal said.

May 2, 2011
Search Operation to Trace Chopper Carrying Arunachal Chief Minister Resumes

BeyondHeadlines News Desk

New Delhi: Amid inclement weather, a massive search operation to trace the helicopter carrying Arunachal Pradesh Chief Minister Dorjee Khandu was resumed along the Indo-Bhutan border this morning. A Pawan Hans chopper carrying the chief minister and four others on April 30.

State government spokesperson Jarbom Gamlin said: “Hard weather condition are creating obstacles in aerial search operation but around 4000 rescuers including personnel from the army, SSB, ITBP and state police are on the task.”

Two IAF MI 17 choppers took off from Tawang in the morning to search the four-seater single-engine Pawan Hans helicopter chopper, which went missing 20 minutes after take off from Tawang on Saturday morning with Khandu along with crew members Captain JS Babbar, Captain TS Mamik, Khandu’s security officer Yeshi Choddak and Yeshi Lhamu, sister of Tawang MLA Tsewang Dhondup on board.

Search operations have also been launched on the Bhutan side, Gamlin said.

A 30-member team comprising volunteers from the area from where the chopper went missing, began a search this morning in the eastern part of the Himalayan Kingdom, he said.

The ITBP also pressed six columns consisting 150 personnel on ground search operation, police said.

The IAF had to suspend the search operation yesterday due to bad weather condition.

An Air force chopper had taken off from Tawang for the search mission yesterday. It did two sorties but could not trace the chopper.

Due to inclement weather and rainfall in the valley, the chopper stationed at Guwahati and Tezpur could not be airborne.

Two Cheetah helicopters also tried to search the areas around Sella Pass yesterday but came back in the evening without any success.

Bhutanese authorities have given permission for launching air sorties in their territory to search the chopper, Gamlin said.

National Disaster Response Force (NDRF) Delhi was also contacted and requested to provide suitable directions to NDRF battalion at Guwahati to help state police in its search and rescue operation in West Kameng District.

Accordingly one team of NDRF comprising 38 personnel with search and rescue equipment had already proceeded to Bomdila by road yesterday for assisting local police for further search and rescue operations.

Central ministers Mukul Wasnik and V Narayansami arrived here last morning to monitor the development. They convened a meeting with the Crisis management group constituted on Saturday.

“We have left no stone unturned and pressed all agencies for rescue operations. The Centre has been constantly monitoring the situation and necessary efforts are being taken”, Narayansami told reporters later in the evening.

Khandu’s helicopter was the third to get into trouble in the northeast in the last fortnight.

On April 19, a Pawan Hans helicopter crashed at Tawang heliport, bordering Tibet, killing 17 people and injuring six others on board.

Again on April 21 an IAF chopper crashed near Gangtok killing four personnel on board.

Arunachal has witnessed a large number of air crashes.

In November 1997, minister of state for defence NVN Somu, Major General Ramesh Nagpal and two others died when their Cheetah helicopter hit a 1,300 feet peak,40 kilometers from Tawang.

In May 2001, Arunachal Pradesh education minister Dera Natung and five others were killed when their Pawan Hans craft crash near Tawang because of poor visibility.

In 2009, an IAF AN-32 aircraft crashed at Mechunka killing all 13 defence personnel on board.

Eleven Air Force personnel and an army Lieutenant Colonel were killed when an Air Force MI-17 helicopter crashed near the China frontier on November 19 last year a minute after take off.

May 2, 2011
Supreme Court Terms ‘Honour Killing’ ‘Barbaric, Shameful,’ Asks States to Stamp Out

Tarique Anwar, BeyondHeadlines

New Delhi: In a historic judgment yesterday, the Supreme Court termed Khap Panchayats (caste council) illegal and described the honour killing as “barbaric and shameful.” The apex court said that these should be stamped out “ruthlessly” and asked states to suspend district magistrates and superintendents of police (SPs) concerned if they failed to act against the offenders.

Khap is a cluster of villages united by caste and geography.It is as old as 14th century started by upper caste jats to consolidate their power and position.The main rule is that all boys and girls within a khap are considered siblings.

Khap panchayat governs the khap formed by same gotra ( clan) families from several neighbouring villages. Khap panchayats are prevalent in Northwestern Indian states such as Haryana, Rajasthan and Uttar Pradesh since ancient times. Love marriages are considered taboo in areas governed by Khap panchayats.Those living in a Khap are not allowed to marry in the same gotra or even in any gotra from the same village.Many young couples have been killed in the past defying khap rules.

Khap panchyat imposes its writ through social boycotts and fines and in most cases end up either killing or forcing the victims to commit suicide.All this is done in the name of brotherhood and its honour. It is due to the inherent weakness of democratically elected Panchayati Raj institutions,Khap panchayats have been powerful. Even the government has not done much to control their power.

A bench of justices Markandeya Katju and Gyan Sudha Mishra said in a judgement that the new trends of kangaroo courts, honour killings, “khap” panchayaths in northern India and “katta” panchayats in Tamil Nadu were barbaric and illegal, the perpetrators of which required the harshest punishment.
Terming honour killings as shameful, the apex court said, “There is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but a barbaric and shameful murder.”

A bench of justices Markandeya Katju and Gyan Sudha Mishra said in a judgement that the new trends of kangaroo courts, honour killings, “khap” panchayaths in northern India and “katta” panchayats in Tamil Nadu were barbaric and illegal, the perpetrators of which required the harshest punishment.

Terming honour killings as shameful, the apex court said, “There is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but a barbaric and shameful murder.”

“Atrocities with respect to personal lives of people, committed by brutal, feudal minded persons deserve harsh punishment,” the Supreme Court said.

The Supreme Court has now directed State Government to suspend the District Magistrate/Collector and SSP/SPs of the district as well as other officials concerned and chargesheet them.

The bench said the Government should proceed against such officials departmentally if they do not prevent the incident despite having prior knowledge.

“If they failed to promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection,” the bench said.

“Only in this way can we stamp out such acts of barbarism and feudal mentality. Moreover,these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal,” the bench said.

The apex court ruling said copy of the judgement shall be sent to all chief secretaries, home secretaries and director generals of police in all states and union territories for circulating the same to the district magistrates and SSPs for compliance.

Instances of “honour killings” are reported with alarming and increasing regularity across the country, a data suggests that the total number of such killings could be well over 1,000 every year in India.

April 20, 2011
Binayak Sen Walks Out of Raipur Central Jail on Bail

Tarique Anwar, BeyondHeadlines

New Delhi: Dr Binayak Sen, who had been awarded life sentence by a trial court in Chattisgarh for allegedly helping Maoist rebels and whose conviction led to an international campaign to free him, was released yesterday after he was granted bail.

The human rights activist was greeted by emotional family members as he left the high security Raipur Central Jail in the impoverished central Indian state of Chhattisgarh late on Monday.

Immediately after appearing, he hugged both his daughters and his 80-year-old mother amid shouts of support from a jubilant crowd of hundreds of well-wishers. Sen talked to the media, saying he was “very happy” at being released on bail, and he thanked people for their massive support.
“There was a national and international campaign for me,” he said adding that “I am not alone.”

Binayak Sen walks though a crowd of supporters after he was released. (AFP photo)

Sen was arrested in 2007 on charges of waging war against India in Chhattisgarh. He was jailed in December after receiving a life sentence for sedition.

“I know in my heart that I have never betrayed our country. I am in no way a traitor,” 61-year-old Sen said. “There is no evidence in this matter (the alleged links with Maoists).”

Earlier in the day, a local court had asked Sen to surrender his passport and asked him not to leave the country without permission. The court also demanded Rs 50,000 as a bond for his release.

The apex court had last week granted Sen bail citing a lack of evidence for his conviction and life sentence on charges of helping Maoist rebels.

He was jailed for life in December by the state high court after prosecutors successfully argued that he helped Maoist guerrillas create an urban network and acted as go-between for a left-wing leader and a businessman.

Academics and civil rights organisations had condemned the conviction, with Amnesty International adopting him as a prisoner of conscience. Before his arrest, he had been running health clinics and training health workers in Chhattisgarh’s tribal communities, among India’s poorest people and whose plight the Maoist rebels claim to champion.

The case has led the country’s law minister to call for a review of the country’s strict sedition laws, which critics say restrict free speech.

Supporters outside the jail yesterday greeted the activist with slogans and placards, one of which said, “Free all Binayak Sens.”

India’s Maoist movement, which began in 1967, feeds off land disputes, police brutality and corruption and is strongest in the poorest and most deprived areas, many of which are rich in natural resources.

At least 1,174 rebels, troops and civilians were killed in violence linked to the insurgency in 2010.

The government has been on the offensive against the rebels since November 2009. The Home Ministry said that the insurgents were active in one-third of the country’s 626 districts.

Prime Minister Manmohan Singh has labelled the insurgency the number one threat to India’s internal security.

April 19, 2011
IAMC Welcomes Release of Dr Binayak Sen on Bail

BeyondHeadlines News Desk

New Delhi: Indian American Muslim Council (IAMC), an advocacy group dedicated to safeguard India’s pluralist and tolerant ethos, welcomes the Supreme Court of India’s decision to grant bail to noted human rights activist Dr Binayak Sen.

IAMC along with its friends in the international human rights community is relieved that the apex court has taken the first step in putting an end to a series of grave injustices committed against an innocent man at the behest of powerful business interests by the Bharatiya Janata Party-led Chhattisgarh Government.

Dr Binayak Sen giving victory sign

“Supreme Court’s move to drop sedation charges against Binayak Sen restores the credibility of India’s justice system, which was severely damaged by the lower court earlier this year,” said IAMC President Shaheen Khateeb.

“We commend the persistence of all our friends and coalition partners everywhere along with the 22 Nobel laureates who campaigned for the past 4 years to demand justice for Dr Sen,” Khateeb further added.

IAMC demands a thorough and expedited review by the Supreme Court of the alleged conviction of Dr Sen and hope that the apex court would intervene appropriately to right the many wrongs committed against Dr Sen by the lower courts.

Indian American Muslim Council (formerly Indian Muslim Council-USA) is the largest advocacy organization of Indian Muslims in the United States with 10 chapters across the nation.

April 16, 2011
Supreme Court Adjourns Binayak Sen’s Bail Petition Till Friday

Tarique Anwar, BeyondHeadlines

New Delhi: The Supreme Court today adjourned the hearing on the bail plea of rights activist Binayak Sentill April 15. Binayak has been sentenced to life imprisonment for colluding with Maoists. The ruling came after the Chhattisgarh Government sought time to brief its lawyer.

Sen, 61, had challenged the February 10 order of the Chhattisgarh High Court rejecting his bail plea.

Human rights activist Binayak Sen at Raipur district court on December 24, 2010, when he was sentenced to life imprisonment on charges of sedition. (Photo: The Hindu)

A bench of Justices H S Bedi and C K Prasad deferred the hearing on the plea of Chhattisgarh government which had been directed on March 11 to submit within four weeks its response to the bail application of Sen.

61-year-old Sen is serving life term in a jail in Chhattisgarh capital Raipur after he was sentenced by a trial court there Dec 24, 2010 for sedition and for his links with Maoist ideologue Narayan Sanyal and Kolkata-based businessman Piyush Guha. Both of them have also been awarded life terms. is serving life term in a Chhattisgarh jail following his conviction on charges of sedition and links with Maoists.

He had moved the apex court challenging the Chhattisgarh High Court order rejecting his bail plea on February 10.

A doctor and a pass-out of the prestigious Christian Medical College (CMC), Vellore, Sen sought bail contending that the trial court has erred in convicting him when there was no substantial evidence.

Opposing Sen’s bail plea, the state government in its affidavit had stated that the activist should not be granted any relief as he has deep links with hardcore Naxalites.

“He (Sen) provides active support and co-ordinates in spreading the base of CPI (Maoist) in the country. Apart from providing logistic support, he exchanges information and material directly and indirectly with the Naxalites in the area of Chhattisgarh, West Bengal, Andhra Pradesh,

Maharashtra, Bihar, Jharkhand and Orissa and propagates Naxal ideology,” the affidavit filed by the state government said.

According to the state government, Sen helped Naxal leaders in arranging accommodation in Raipur and through his wife Elina Sen also helped open bank accounts of hardcore Naxalites Shankar Singh and Amita Shrivastava.

April 11, 2011
Apex Court to Hear Binayak Sen’s Bail Plea Today

BeyondHeadlines News Desk

New Delhi: The Supreme Court will today hear the bail plea of civil rights activist Dr. Binayak Sen , who has been sentenced to life imprisonment on charges of sedition and for having links with Maoists.

NDTV photo

The apex court had on March 11 issued a notice to the Chhattisgarh Government on Sen’s bail plea.

A bench of Justices H.S. Bedi and C.K. Prasad had then asked the state government to explain why bail shouldn’t be granted to Sen.

The court also asked the state government to file its response within four weeks.

Sen (61) has challenged the Chhattisgarh High Court’s order that rejected his bail plea on February 10.

He sought bail contending that the trial court had erred in convicting him without substantial evidence.

Sen had filed a petition in the Chhattisgarh High Court on January 6, challenging a district and sessions court order that had convicted him on various charges, including sedition, and had sentenced him to life imprisonment.

A Raipur Sessions Court had on December 24 last year held Sen and three other people guilty of treason and for waging war against the state. He was also found guilty of sedition.

Sen was arrested in Chhattisgarh in 2007 and was granted bail two years later. He was honoured with Jonathan Mann Award in 2008 while still in prison.

April 11, 2011
BJP to Make Decision on Next Course of Action After Studying SC Verdict

BeyondHeadlines News Desk

New Delhi: The Bhartiya Janata Party (BJP) today said that it would decide on its next course of action after studying the Supreme Court judgement quashing allotment of land allegedly given away at a throwaway price to the Kushabhau Thakre Trust in Bhopal, Madhya Pradesh.

“The party has heard the judgement cancelling the State government notification for allotting around 30 acres of land to the Trust. We will comment on the judgement only after we get an authorised copy of it,” State BJP spokesman Hitesh Vajpayee said.

He said as per his knowledge, the land allotment had been quashed merely on technical grounds and therefore “can be rectified.”

Citing an example, he stated that it was being said that the application for getting the land was made to the government, way before the Trust came into existence.

He said that there were a number of moral reasons for allotting land to the Trust and these were much more important than any technical grounds.

The land was allotted to the trust, named after the late BJP leader on September 25, 2004 by Uma Bharti, the then Chief Minister of Madhya Pradesh.

The apex court passed the order on a petition filed by Akhil Bhartiya Upbhokta Congress, a Bhopal-based consumers’ society, challenging the government’s decision on the ground that the land at Basvadiya village was given at a throwaway price to the Trust in violation of the laws.

The trustees include senior party leaders L K Advani, M Venkaiah Naidu and Murli Manohar Joshi.

April 6, 2011
SC to Govt: CBI Will Investigate Batcha’s Death Case

BeyondHeadlines News Desk

New Delhi: The central government today informed the Supreme Court that the Central Bureau of Investigation (CBI) will probe the mysterious death of Sadiq Batcha, a close aide of former telecom minister and 2G scam accused A Raja. The court then directed the government to notify investigation into the Sadiq Batcha death case within the next three days.

“In the facts and circumstances of the case, we direct the government to issue notification within three days transferring the investigation of the case to the CBI. Thereafter, the CBI will take over the investigation,” said a bench of justices GS Singhvi and AK Ganguly.

The court passed the order after taking on record Additional Solicitor General Indira Jaising’s statement that Tamil Nadu Government has given its consent for transfer of the probe to the CBI, which has expressed its willingness to take over the case.

She said a notification in this regard will be issued and all the preconditions have been satisfied under the law.

The CBI had questioned Batcha in connection with 2G spectrum scam on February 24, 2011. He was likely to be questioned by the CBI again in the case but was found dead under mysterious circumstances in his Chennai home on March 16.

A suicide note allegedly written by him was also recovered by the police. A saree seller turned right hand man of Raja, 37-year-old Batcha’s end came as suddenly as his rise from rags to riches.

Batcha was the managing director of Green House promoters – one of the companies which CBI believes was a front for A Raja – where possibly the bribe money from 2G licenses was routed. Batcha was last questioned in this regard by the CBI on February 24, two months after his premises was raided.

Batcha’s wife has already lodged a police complaint alleging that he was under mental pressure because of 2G investigations.

Raja’s wife MA Parameshwari was a director in Green House Promoters.

However, CBI officials have claimed that Batcha’s death would not hamper investigation as he was just a suspect but not a key player.

Investigators suspected that Batcha floated Green House Promoters to bring in the bribe money. Batcha hailed from Raja’s hometown of Peramballur and. His Chennai-based offices and residence has been raided by the CBI on December 15, 2010 in connection with the 2G scam.

Green House was setup in August 2004, just a few weeks after Raja became environment minister in UPA-1.

In 2007, as Raja became the telecom minister, Green House opened its branch in Singapore. The CBI was investigating whether Foreign Exchange Management Act (FEMA) and Reserve Bank of India guidelines were followed for setting up the foreign arm and subsequent money transfers between the company and its Singapore arm.

Investigating agencies were also looking into how a company that was formed with a capital of Rs 1 lakh in 2004 soared to revenues of over Rs 600 crore in just five years.

April 4, 2011
Supreme Court Directs Govt to File CBI Report on Prasar Bharati CEO BS Lalli Case

BeyondHeadlines News Desk

New Delhi: The Supreme Court today directed the government to file the CBI report on the probe into alleged irregularities committed by suspended Prasar Bharati CEO BS Lalli in running the public broadcaster. A bench headed by Chief Justice SH Kapadia sought the report within six weeks. It also asked Lalli to file his response in four weeks on the statement of evidence filed by the government on alleged irregularities committed by him in running Prasar Bharati.

Prasar Bharti CEO B.S. Lalli.

The court granted another four weeks to the government to file its rejoinder to the response of Lalli and posted the matter after eight weeks.

The Supreme Court had on February 14 initiated proceedings on a Presidential reference for Lalli’s removal and asked the Centre to place evidence of alleged irregularities committed by him.

The court had also asked the government to file a statement of facts relating to Lalli’s irregularities and asked the former public broadcaster chief to respond to it.

Senior Advocate KK Venugopal, appearing for Lalli, had urged the court to expeditiously hear the reference in view of his retirement in December this year.

Lalli, a 1971-batch IAS officer of Uttar Pradesh cadre, was suspended last December.

President Pratibha Patil had on December 21 last ordered Lalli’s suspension and made a reference to the apex court for his removal on the recommendation of the government.

According to the Prasar Bharati Act, the Chairman or a Member of Prasar Bharati can be removed only by an order of the President on the ground of misbehaviour after the Supreme Court holds an inquiry following a reference to it.

Lalli, 67, was suspended after allegations were levelled against him for financial and administrative irregularities in award of a contract for broadcast of the Commonwealth Games to UK-based firm SIS Live.

Prasar Bharati was formed in 1997 as a public service broadcaster. This is the first time that its CEO faces the prospect of being removed from the post.

Lalli, who had assumed the CEO’s post in December 2006, was indicted by the Central Vigilance Commission which accused him of breach of parliamentary privilege, giving undue favours to some broadcast companies and financial mismanagement.

Reacting to the Presidential reference, Lalli had said that “a lot of intrigue and mischief” was going on within the organisation against him that was “abetted and encouraged” by powerful elements from outside.

April 1, 2011