Haryana police truns land grabber : Supreme Court reprimands

Friends I wrote this story in Hindi but its an interesting story.

आपने संपत्ति के विवाद से संबधित कई किस्से सुने होंगे... लेकिन क्या आपने कभी सुना है कि राज्य की पुलिस ही संपत्ति पर गैरकानूनी कब्ज़ा कर ले.. और उससे भी ज्यादा हैरानी इस बात पर हो कि राज्य पुलिस की इस करतूत पर राज्य सरकार उसका साथ दे और संपत्ति को अपना कहते हुए अदालतों में मुकदमे ठोक दे? इसके बाद राज्य सरकार और पुलिस मिलकर मामले को सुप्रीम कोर्ट तक पहुंचा दें...

जस्टिस दलवीर भंडारी और जस्टिस दीपक वर्मा की सुप्रीम कोर्ट की बैंच ने अपने एक महत्वपूर्ण फैसले में हरियाणा सरकार पर 50 हज़ार रुपये का जुर्माना लगाते हुए राज्य सरकार की एक अपील को खारिज कर दिया है... अपनी अपील में Superintendent of Police ने ये मांग की थी कि गुड़गांव की हिदायतपुर छावनी में 8 बिस्वा ज़मीन का मालिकाना हक राज्य सरकार को दे दिया जाए.. लेकिन मुकेश कुमार नाम के व्यक्ति कि इस ज़मीन पर हरियाणा पुलिस ने गैरकानूनी कब्जा कर रखा था और Superintendent of Police चाहते थे कि प्रतिकूल कब्जे के आधार पर राज्य सरकार को इस संपत्ति का मालिकाना हक दे दिया जाए.. इस ज़मीन को राज्य पुलिस के लिये काम में लाया जा रहा था..

सुप्रीम कोर्ट में दायर याचिका में हरियाणा सरकार ने ये अपील की थी कि इस ज़मीन से संबधित 26 मार्च 1990 की सेल डीड और फिर 22 नवंबर 1990 को हुआ म्यूटेशन रद्द कर दिया जाए... साथ ही राज्य सरकार ने ये भी मांग की कि निचली अदालत के उस फैसले को भी रद्द कर दिया जाए जिसमें इस ज़मीन का मालिकाना हक इसके असली मालिकों को दे दिया गया था... आपको ये जानकर हैरानी होगी की निचली अदालत ने इस बात को माना था कि राज्य सरकार इस ज़मीन का मालिकाना हक साबित नहीं कर पायी थी और निचली अदालत ने राज्य सरकार के उपर पच्चीस हज़ार रुपये का जुर्माना भी लगाया था...

इसी मामले में फैसला देते हुए पंजाब और हरियाणा हाईकोर्ट ने अपने फैसले में कहा कि राज्य की जिम्मेदारी नागरिकों के अधिकारों की सुरक्षा करना है लेकिन इस मामले में ये साफ तौर पर दिख रहा है कि किस तरहं राज्य सरकार ने अपने ही नागरिक कि ज़मीन को हथियाने की कोशिश की.. पंजाब और हरियाणा हाईकोर्ट ने राज्य सरकार के इस कदम को निंदनीय और शर्मनाक बताया था...सुप्रीम कोर्ट ने हरियाणा सरकार पर टिप्पणी करते हुए कहा "...निचली अदालत और हाईकोर्ट के फैसले के बावजदू ये बेहद दुर्भाग्यपूर्ण है कि कानूनी पेजीदगियों का फायदा उठाते हुए राज्य सरकार इस ज़मीन पर किये गये गैरकानूनी कब्जे़ को छोड़ने को तैयार नहीं है..."

अपने फैसले में कोर्ट का कहना था कि ज़मीन के रिकार्डस से ये पता चलता है कि ज़मीन का मालिकाना हक बचाव पक्ष के लोगों के नाम पर था.. ये बेहद दुर्भाग्यपूर्ण है कि Superintendent of Police जोकि भारतीय पूलिस सेवा के वरिष्ठ अधिकारी हैं उन्होनें बार बार अदालतों में अपील डालते हुए इस संपत्ति को हड़पने की कोशिश की ..

कोर्ट  ने बेहद सख्त टिप्पणी करते हुए कहा कि अगर इसी तरहं से काम किया गया तो आम नागरिकों का उस पुलिस पर से भरोसा उठ जाएगा जिसकी जिम्मेदारी है कि वो नागरिकों की सुरक्षा का ध्यान रखे। कोर्ट का कहना था कि इस तरहं के कृत्यों पर फौरन रोक लगाने की ज़रुरत है... सुप्रीम कोर्ट के मुताबिक किसी भी सरकारी विभाग खासकर पुलिस को इस तरहं से संपत्ति पर गैरकानूनी कब्ज़ा करने का अधिकार नहीं होना चाहिए...इस मामले में सुप्रीम कोर्ट ने ये भी कहा कि प्रतिकूल कब्ज़े से संबधित कानून में जल्द बदलाव किये जाने की ज़रुरत है...अदालत ने इस फैसले की कॉपी को कानून मंत्रालय के पास भी भेजा है ताकि कानून में बदलाव पर विचार किया जा सके

Blow to Hasan Ali Khan : SC cancels bail

The Supreme Court on Friday cancelled the bail granted to Hasan Ali Khan by the Bombay High Court.

A bench of justices Altamas Kabir and SS Nijjar passed the orders cancelling the bail when Enforcement Directorate moved to the apex court.

Hasan Ali Khan is accused of money laundering.
The ED, in its petition, alleged various transactions led by Khan through his foreign bank accounts, revealing his association with international arms dealer Adnan Khashoggi.


The court had earlier reserved the orderon the petition filed by ED challenging the August 12 order of the Bombay High Court granting bail to Khan.
It has been contended that government had sufficient evidence toprove that Khan had several foreign accounts and illegal money to the tune of over $93 million stashed abroad.


Khan is also accused of holding two forged passports and ED had contended that granting bail would help him flee from the country.

Role of Anil Ambani under scanner : CBI to Supreme Court

CBI today informed the Supreme Court that it is probing alleged involvement of Anil Ambani in 2G scam. It also inforemed that the three Reliance executives Gautam Doshi, Hari Nair and Surender Pipara may soon turn approver.Videocon Industries-owned Datacom on the other hand has been given a clean chit.

Continuing their arguments for the third consecutive day, CBI counsel K K Venugopal tried to respond to questuons raised by Prashant Bhushan and Subramanium Swamy.

According to CBI, "..the finance minister himself could not have cancelled licenses. DoT had taken the decision of grant of licenses.It was a decision which has to be taken by the govt itself..."

During the arguments CBI also informed a bench of Justice G S Singhvi and Justice A K Ganguli that Tata Teleservices was not favoured by former Telecom Minister A Raja.
Rather Tata Group was a loser in spectrum allocation because of Raja's conspiracy with other co-accused in 2G scam


Objecting to the stand taken by CBI Prashant Bhushan referred to an unsolicited advice of the DoT defining the term ''associate''. Bhushan alleged that this opinion was used by the accused in their favour saying that Swan was not related to Reliance and Loop was not related to Essar. ''

CBI also referred to allegation that land was given by Tatas to DMK family. According to CBI that said land still belongs to Voltas and a litigation on its lease is still pending in Madras High Court.

Attorney General Goolam Vahanvati also got a reprive from CBI. Venugopal argued before the Supreme Court that it was incorrect to suggest that A Raja did everything on the opinion of Vahanvati. Venugopal argued that it would be difficult for the law officers of the government if they fear that they will me made co conspirators in case it turns out that the decision was taken due to extraneous consideration.

Home Minister P Chidambaram got a temporary relief as the matter has been adjourned to 10 october. The CBI counsel K K Venugopal and Centre's counsel P P Rao are yet to finish their arguments.

3G follows 2G to court; Govt. response sought

Courtesy :www.lawetalnews.com
By : Hary M. Pillai

The Delhi High Court today asked ASG AS Chandioke to present before the court the government's stand in connection with the allegation that major telecom operators - like Airtel, Idea, Vodafone - are misusing 3G spectrum in violation of the existing license conditions and that the inaction of the government to check this violation has resulted in causing a huge loss to the extent of Rs.20,000 crore to the exchequer as well as posing a threat to national security.



The petitioner advocate Yakesh Anand has alleged in his petition that, "the various private operators have entered into agreements among themselves for using each other's network and spectrum and provide 3G services, even in those areas and circles in India, where they neither have the license nor any 3G spectrum, thus entering into 3G area of operation through the back-door.

"

Anand has also alleged that the DoT, TRAI and Ministry of Home Affairs (MHA) and Ministry of Finance (MoF) were aware of the violations but failedto check the same which has resulted in huge losses to the exchequer as wellas a security risk for the nation.



Petitioner has argued that the provision of 3G services through Intra Circle Roaming Arrangement in respectof 3G services is a violation of 3G license condition No. 23.7 which does not permit the licensees to share their 3G spectrum with non-licensed operators.



He also contended in his petition that,"this has resulted in the non-licensed 2G operators being not subjected to any roll out obligations causing a non-level playing field for those who have won 3G spectrum in auction, paidthe huge amount of spectrum fee, got their licences amended for 3G and are subjected to strict roll out obligations to provide services in rural areas also, while the non-licenced operators can concentrate in lucrative urban markets for 3G services".



The petitioner today was seeking fromthe court directions to the DoT and TRAI to take steps to stop this alleged misuse of 3G services and spectrum by non-licensed operators and also directions to the CVC and or CBI to investigate this whole issue of provision of 3G services by Airtel, Idea and Vodafone and the alleged connivance/ actions and inactions on the part of some officials of the DoT and TRAI as well as the MHA and MoF.



The division bench of Chief Justice Dipak Misra and Justice Sanjeev Khanna has listed the matter for further hearing on November 30.

Sohrabuddin investigation is historic coverup by Gujarat Police : CBI to SC

Terming the investigation done by Gujarat Police as the greatest coverups, the CBI today demanded that the bail granted to former Gujarat Home Minister Amit Shah be canceled.

Arguing before a bench of Justice Aftab Alam and Justice Ranjana Desai, CBI's counsel Vivek Tankha said ''..investigation done by Gujarat Police is one of the greatest coverups in Indian history. It is a gigantic cover up...''

Continuing his arguments for the second consecutive day, Tankha argued that this is a fit case for quashing of the high court's order granting bail to Amit Shah accused of conspiring to kill Sohrabuddin in a fake encounter.

Tankha read out the grounds on which bail granted to Shah needs to be canceled. According to Tankha, IG police Geeta Johri was under tremendous pressure and she even wanted the case to be transferred to CBI.

CBI counsel also referred to call details of Amit Shah of two different periods. According to CBI, Shah was in touch with D G Vanjara and another accused Amin between 22nd November to 29th November 2005 during which Shohrabuddin and his wife Kausar Bi were encountered.

CBI counsel also informed that during 24th to 30th December 2006 also, Amit Shah was in touch with the accused Vanjara and Amin. During this period, Tulsiram Prajapati was encountered. Accordingly Tankha argued that elimination of two key witnesses is the ground for cancellation of bail.

CBI counsel also informed the court how one Inspector Rathore was made an accused by Gujarat Police whereas he should have been a witness in the case. According to CBI, Rathore reached to the spot accidentely where the body of Kausar Bi was being disposed off.

CBI counsel said another ground for quashing the bail to Amit Shah is threats and inducements offered to Rubabuddin Sheikh who is the brother of Sohrabuddin Shekh.

''.. This is not the stage for looking into the defence. This is not a trial, the court should only see from the material on record if the allegations are prima facie indicate that bail order should be quashed...'' CBI counsel argued before the bench.The hearing shall continue on Thursday.

In the infamous Sohrabuddin encounter case, apart from Amit Shah, the key accused include IPS officers D G Vanzara, Rajkumar Pandiyan, Dinesh M N and Vipul Agarwal, along with five lower ranking cops, who are facing charges of criminal conspiracy, murder, kidnapping, destruction of evidence and forgery.

FIR against Dayanidhi Maran soon : CBI to Supreme Court

The CBI on Wednesday informed the apex court that the final decision on filing FIR against Maran will be taken by September 30th. CBI also filed its status report in the 2G scam before the bench of Justice G S Singvi and Justice A K Ganguli.

Not disclosing the details in the open court, the CBI read out certain portions whereby it informed that the PE is going on against Dayanidhi Maran on his alleged role in Aircel deal and the investigation will be complete in few days.

Starting his arguments on the issue of whether the court should discontinue monitoring the CBI probe, noted lawyer Prashant Bhushan suggested formation of SIT to investigate the matter. ''..Designate CBI team as SIT nd appoint two or three persons to supervise what they are doing just as the Supreme Court has done in Black Money case..''

Bhushan went on to argue that most of the officers in CBI are IPS officers and their cadre controlling authority remains with the home minister. In such a scenario, it is beyond imagination that they will investigate the role of home minister.

Bhushan also expressed his apprehension over the proceedings going on in the lower court. ''..Now A Raja is saying in his defence that all his decisions were approved by the then finance minister...''

Accusing CBI of double speak, Prashant Bhushan argued that CBI kept informing the court that they will be filing third chargesheet in the court but now we are informed that the investigation is over and the court should stop monitoring the investigation.

Raising questions over the failure of the CBI to look into the role of Swan telecom and Unitech telecom in the entire scam, Bhushan said monitoring of the investigation is absolutely necessary.

Citing orders of the apex court in cases like Sohrabuddin fake encounter, Bhushan said in that case the investigation was entrusted to CBI even after the chargesheet was filed in the case.


In the mean time, the Supreme Court has also sought finance ministry files relating to decision making process at the time P Chidambaram was finance minister.The matter shall continue tomorrow.
The matter shall continue tomorrow.

A Raja demands recall of Supreme Court order putting an embargo on bail

In the much hyped hearing of 2G case in Supreme Court, the counsel for A Raja cried foul over the flip flop by CBI in 2G scam. Appearing for Raja, his counsel Sushil Kumar wanted to know if the investigation in the 2G case is over or not?

Reacting to CBI's ivestigation in 2G scam Sushil Kumar argued ''...if investigation is still going on, how can the trial go on? There is an embargo on bail, what do we do?..'' Kumar argued in such a scenario, the Supreme Court should recall its earlier order where it said that no bail would be granted to any accused till the charges are framed in the lower court.

On this Justice Singhvi said that we shall consider this point at an appropriate stage. But Kumar again asked what should he do? Justice Singhvi said ''..Mr.Kumar, you are an intelligent lawyer. We have given you a hint, now its on you to take the hint...''

During the arguments Subramanium Swamy reiterated that P Chidambaram was party to the meetings on spectrum pricing and his role should be investigated by CBI.

Swamy went on to say that there are a large number of documents which have not been considered by the CBI.

To this the bench referred to the government's response where government said that the new documents filed before this court for the first time will naturally be studied and considered by the CBI as usual and may be covered in the next status report.

CBI counsel KK Venugopal objected to it saying ''...CBI is an autonomous body independent of the government...''

The hearing shall continue tomorrow!

Ram Jethmalani lambasts CBI lawyer in Amit Shah case!

The hearing of Amit Shah case in Supreme Court witnessed some fireworks between Shah's lawyer Ram Jethmalani and CBI's lawyer Vivek Tankha.

In the beginning of hearing there was an argument on who will start the arguments. Jethmalani said as the CBI has already concluded its arguments, it was his turn to start. Tankha on the other hand said that he is yet to finish his arguments.

Jethmalani also objected to the bench of Justice Aftab Alam and Justice Ranjana Desai hearing this case. Jethmalani said that the monitoring bench of Justice P Sathasivam and Justice R M Lodha should have heard the matter.

Jethmalani sought permission from Justice Alam to mention this point before the Chief Justice. Justice Alam responded by saying he could neither give the permission nor could he deny the permission. Jethmalani then agreed for hearing before the same bench.

During the arguments, the fireworks again errupted between Jethmalani and Tankha when the later mentioned about an internal note of the CBI which was produced by the defence as 'forged' one just to prove their case.

Jethmalani lambasted CBI lawyer by saying ''...My friend cant keep making irresponsible statements. I am sorry, this kind of advocacy is going on. If that document was a forged one, why not a single word has been mentioned in the CBI's petition in Supreme Court. Atleast you should be modest and apologise. I am sorry, you have not even read the record...''

CBI lawyer however continued his arguments accusing Amit Shah of pressurising the witnesses and tampering with the evidence. Tankha also tried to make a point saying that Amit Shah was the main conspirator in Sohrabuddin fake encounter.

SCBA elections : Supreme Court rules in favour of one bar one vote

In a matter relating to voting rights of Supreme Court Bar Association, the Supreme Court had ruled in favour of the rule ''one bar one vote''.

Accordingly, members wanting to vote in SCBA elections shall have to give an undertaking that they will not vote in any other bar association in India.

A bench of Justice J M Panchal and Justice H L Gokhale has divided bar members in three categories namely 1. Members of SCBA pracrticing in Supreme Court 2. Members of SCBA but not practicing in Supreme Court and 3. Members practicing in the Supreme Court but not having regular membership of SCBA also known as temporary members.

The apex court also passed the order appointing a three member committee to execute the court's order. The committee shall comprise of senior advocates K K Venugopal, P P Rao and Ranjit Kumar.

Now the committee shall see which member of the bar falls in which category and according to the order only regular members who are practicing in Supreme Court shall have the voting rights. Members from rest of the two categories shall not have the powet to vote although they will be able to use other facilities like library etc.

The issue of one bar one vote arose when in 2003, the SCBA passed a resolution that anyone wanting to vote in SCBA elections shall not vote in any other bar association elections. This was challenged by one BD Kaushik in Tis Hazari court and the Tis Hazari court had issued an injunction staying the resolution passed by Supreme Court Bar Association.

The order of civil judge dated 5th April 2003 was challenged in SLP filed in Supreme Court. The Supreme Court stayed the injunction order and the matter was pending since then.

SC blow to Lalit Modi : Dismissed his petition against disciplinary committee probing charges against him

Lalit Modi's petition dismissed by Supreme Court..Court says mere presumprtion of bias can not be a ground for intervention

Modi had sought the removal of Arun Jaitley and former IPL administrator Chirayu Amin from the disciplinary committee probing charges of financial irregularities against him.

The court went on to say that we dont think that the committee formed to look into the charges against Modi shall not be able to give him fair hearing.

A two judge bench of Justice J M Panchal and Justice Gokhale passed the orders after all the attempts of a possible settlement between Modi and BCCI failed.

Pronouncing the order Justice H L Gokhale said that the allegations against Chirayu Amir are also not well founded.

Modi in his petition alleged conflict of interest against Jaitley and Amin. He suffered a setback when Mumbai High Court turned down his plea.

Unwilling to give up, he moved the Supreme Court and pulled off a coup of sorts by persuading the BJP leadership to allow noted lawyer Ram Jethmalani to take up cudgels for him in the apex court.

The Supreme Court however had told BCCI and Modi to come to a compromise on the issue.However, the two sides failed to do so.

Judgment Day : Lalit Modi's fate to be decided in Supreme Court

The Supreme Court on Monday will be pronouncing its judgment on a petition filed by formet IPL chairman Lalit Modi.

A two judge bench of Justice J M Panchal and Justice H L Gokhale will pass the orders after all the attempts of a possible settlement between Modi and BCCI failed.

Modi had sought the removal of Arun Jaitley and former IPL administrator Chirayu Amin from the disciplinary committee probing charges of financial irregularities against him.

Modi in his petition alleged conflict of interest against Jaitley and Amin. He suffered a setback when Mumbai High Court turned down his plea.

Unwilling to give up, he moved the Supreme Court and pulled off a coup of sorts by persuading the BJP leadership to allow noted lawyer Ram Jethmalani to take up cudgels for him in the apex court althoug both Jaitley and Jethmalani are from BJP.

The Supreme Court however had told BCCI and Modi to come to a compromise on the issue.However, the two sides failed to do so.

Important matters in Supreme Court on 26.09.2011

9/1D (Judgment) Lalit Modi v/s BCCI
1/37. (pil) Demoeratic youth federation V/s Union of India
1/40 B.S.Lalli
4/301 Indian Council of legal Aid
6/301 State of Punjab v/s Devender Pal Singh Bhullar & Sumaid Singh Saini
9/1 (fresh IA) Narmada Bachao Andolan

Dear All.. I miss you!!

A lovely morning of Monday, few matters in the Supreme Court and I am free. I will move towards the gate. As I am on the way, I will see a person with a cattle and few plastic cups coming towards me. He knows I never take tea from him but he will ask me ''sir chai logey??'' I will again say no! He will move on and I will move afterwards!

On the way, I will see some of my fellow journalists! All of them are going to the Gate C where our Paan wallah sits! They are going there to smoke and I will go to along to have fruit chaat. I have seen the duo of paanwallah and chatwallah for years. The chatwallah will charge more than what you think is proper! Still you have to pay! Its his monoply! And the time passes

All of us come back inside the Supreme Court building. On the way back, a cobbler meets me and asks if I want to get my shoes polished? I will say no.. I know if I say yes, he will charge me 50 rupees! Surprised? He does that with Senior Advocates who come in big luxury cars and 50 rupees is just like peanuts for them.

I will come back inside the court complex. I will sit in the press lounge. Its not a press lounge but a mini Parliament. So many journalists, eveyone having his own point of view! Everyone has a Neta inside him. Everyone wants others to listen but not himself.

Finally 4 pm. The court is over! Everyone is leaving! So will I!! I will go outside the court building. We will go across the road. I will see a Bengali aunty. She has a tea stall! She is a lady of principles. She will charge just one rupee more than the MRP. You may be an advocate knowing law but you have to pay that extra one rupee as not paying will amount to infringement of her fundamental right.

But then comes the blasts in Delhi High Court. Home minister directs Delhi Police to provide more security. And the scenario changes.

Now I come to Supreme Court every day. I see police wallahs everywhere. I dont see paan wallah, chaat wallah and wonder where is our ''one rupee more'' aunty. The polish wallah guy has vanished somewhere and the chaiwallah is not seen in the lawns now.

The reporters have nowhere to go for smoke. And I cant have fruits the day I go for detox. I miss everyone. May be fruitwallah nd aunty charged more. But they were part of my daily life.

Dear All.. I miss you!!

Govt wants Supreme Court to discontinue monitoring 2G probe

The Central Govt today told
the #SupremeCourt to discontinue the monitoring of 2G case. 



While arguing for the government senior advocate P P Rao said that there is no
need for the #Supreme Court to monitor this case after the chargesheet has been
filed!



The court on the other hand put government on a very tricky situation. A bench
of Justice G S Singhvi and Justice A K Ganguli asked senior advocate P P Rao,
who is representing the central government, that why the trend of court
monitored investigations started in India? 



Justice Singhvi observed ''...why the concept of court monitoring investogation
started? Till the Vinit Narayan's case, we never heard of it. This concept
started because of wide spread malice! Isn't it? These type of cases were never
there in the past. Law is evolving...''

Adding to what Justice Singvi said, Justice A K Ganguly further observed ''...
You talk of Laxmanrekh, if Sita would not have crossed the Laxmanrekha, the
demon would not have been killed! Laxmanrekha is not sacrosanct...''



Justice Singhvi further said, the investigation is not closed in the matter.
The investigation is very much on. ''..Investigation going in the foreign
country has a direct link with what has been already investigated. The money
had been used for getting the LOIs. The question is if there is further will..
'' the bench observed.



The CBI however asked the #SupremeCourt to continue monitoring the case! The
CBI also said that the finance ministry had no role to play in spectrum
cancellation!



Matter has been adjourned to Tuesday.

Vault B of Padmanabh temple not to be opened for now : Supreme Court

Supreme Court says that Vault 'B' of Sree Padmanabhaswamy Temple not to be opened for now.

Court went on to say that it can consider ordering opening of the valut B but only after documentation and preservation of assets unearthed so far has been done.

The bench headed by Justice R V Raveendran asked the expert committee to file a status report on the issue in three months time.

Court also rejected plea to hand over temple's security to CRPF, directs state government to provide foolproof cover

TRAI report on 2G scam surprises Supreme Court

Supreme Court expresses surprise over TRAI report which purportedly assessed zero loss in the 2G spectrum allocation.

During the hearing Justice Singhvi observed ''...CBI has indicated that the loss is less than what the CAG has calculated. Even that loss has been contested. We are really surprised over this communication (What TRAI wrote to CBI) sent by a regulatory body appointed by the act of Parliament. The communication is seriously debatable! Everything shud be left to the court to decide...''

CBI's counsel on the other hand said ''...We have not accepted. It is true that everybody is taking advantage of it...''

Justice Singhvi further observed ''...People should not take it lightly! Let the system work on its own! We reserve our comments because it may prejudice the parties...''

During the hearing CBI counsel KK Venugopal continued to maintain that the investigation in the case is over and now there is no need to order a fresh probe against Chidambaram

KKV further argued that according to CrPC, the lower court is competent to summon Chidambaram if its of such opinion that his role should be looked into.

The hearing has some lighter moments! CBI's counsel KK Venugopal said that Subramanium Swamy has been filing many cases in the public interest. Swamy is more than a lawyer.

Subramanium Swamy was quick to react saying KK Venugopal always appear for the accused sayinf Venugopal even appeared for Jayalalitha.

There can be more trouble for Chidambaram as Swamy has also submitted before the Supreme Court a letter by Ministry of Finance to PM which said A Raja and P Chidambaram together decided 2G prices.

Affidavit of the Planning commission in Supreme Court

IN THE SUPREME COURT OF INDIA
CIVIL APPLELLATE JURISDICTION
WRIT PETITION (C) NO. 196 of 2001


IN THE MATTER OF:

People’s Union for Civil Liberties & Others
….Petitioner(s)

Versus

Union of India & Others
…..Respondent(s)



Affidavit on behalf of the respondent planning commission in clarification of the orders dated 29.3.2011, 14.5.2011 and 22.07.2011 passed by this hon’ble court.

I, B D Virdi s/o Late Shri. J R Virdi presently working as Adviser, Planning Commission at New Delhi do hereby solemnly affirm and declare as under:


That I am currently working as Adviser in the Repsondent – Planning Commission and as such I am competent to swear, affirm and file the instant affidavit on behalf of the respondent herein, as per records maintined in the normal course of business and made available to me and believed by me to be true and correct. I am fully conversant with the facts of the case, and hence competent to swear this present affidavit.

That this Hon,ble Court vide its order dated 14.05.2011 was pleased to direct that:

“ ….According to the Tendulkar Committeee, with the price level of 2011, it is impossible for an individual in an urban area to consume 2100 calories in Rs.20 and an individual in a rural area to consume 2400 calories at Rs.15. The Planning Commission may revise norms of per capita amount looking to the price index of May 2011 or any other subsequent dates”.

That on 22.07.2011 thia Hon’ble Court perused an earlier affidavit dated 10.05.2011 filed on behalf of the Planning Commission, in compliance of the order dated 29.03.2011 of this Hon’ble Court, and expressed its reservations at the fact that the poverty line at the national level fixed by the Planning Commission i.e. at Rs.579 per capita per month consumption expenditure for the urban areas and Rs.447 per capita per month for the rural areas are fixed at 2004-05 prices. The Court vide its order dated 22.07.2011, further directed that:
“….since we are adjourning the matter, learned counsel for the Planning Commission would be at liberty to file additional affidavitm if any, within two weeks….”

It is respectfully submitted that the Expert Group headed by Prof.Suresh Tendulkar recommended to move away from anchoring the Poverty Line (PL) in calorie norm and the relevant extracts from the report are reproduced as under: “…a conscious decision was taken by the Expert Group to move away from anchoring the Poverty Line in calorie norm as in the past because (a) there is overwhelming evidence of downward shift in calorie Engel curves over time and (b) calorie consumption intake calculated by covering the consumed quantities in the last 30 days as collected by NSSS has not been found to be well correlated either over time or across States with the nutritional outcomes observed in other specialized nutrition outcomes such as National Family Health Surveys (NFHS) ; (pages 7-8)

The report also mentions that:

“Even while moving away from the calorie norms, the proposed povetry lines have been validated by checking the adequacy of actual private expenditure per capita near the poverty lines on food, education and health by comparing them with normative expenditures consistent with nutritional, educations and health outcomes.”

“….although those near the poverty line in urban areas continue to afford the original calorie norm of 2100 per capita per day, their actual observed calorie intake form 61st round of NSS (2004-05) is 1776 calories per capita per day. This actual intake is very close to the revised calorie intake norm of 1770 per capita per day recommended by Food and Agriculture Organisation (FAO). The actual observed calorie intake of those near the new poverty line in rural areas (1999 calories per capita) is higher than the FAO norm.

It is, therefore, respectfully submitted that as evident from the above mentioned para, the Poverty Lines recommended by Tendulkar Committee are not anchored in calorie intake norm; although, the Committee has not discounted its relevance. The recommended poverty lines ensure the adequacy of actual private expenditure oer capita near the poverty lines on food, education and health and the actual calories consumed are close to the revised calorie intake norm for urban areas and higher than the norm in rural areas.

It is most respectfully submitted that the poverty line of Rs.579 per capita per month consumption expenditure in the urban (and correspondingly Rs.447 for the rural areas) is the value of the consumption expenditure determined at 2004-05 prices. The Tendulkar Committee also set out a procedure to revise these poverty lines in order to adjust for inflation.

On the basis of this procedure the poverty lines would be computed for 2009-10 using the data obtained from the large sample survey on Household Consumer Expenditure conducted by NSSO during 2009-10, which are now available.

In the meanwhile, on applying price increase using Consumer Price Index for Industrial Workers ( CPI-IW) for urban areas and Consumer Price Index for Agricultural Labourers (CPI-AL) for Rural Areas at all India level, which are readily available, the poverty line at June 2011 price level can be placed provisionally at Rs. 965 per capita per month in urban areas and Rs. 781 per capita per month in rual areas. At June 2011 price level, for a family of five this provisional poverty line would amount to Rs.4,824 per month in urban areas and Rs.3,905 per month in rural areas. However, final poverty lines following the Tendulkar Committee will only be available after completion of the 2011-12 NSS Survey and these will vary from state to state because of price differentials.

It is respectfully submitted that the above poverty lines of Rs. 4,824 (urban) and Rs. 3,905 (rural) roughtly worked out at June 2011 price levels as directed by the Hon’ble Justice Wadhwa Committee for identification of poor people for the distribution of additional foodgrains at BPL prices. It may be noted, however, that this reference is to family income whereas the poverty line is in terms of consumption. There are no surveys on income conduced by the NSS or any other official organization.

It is also submitted that the 61st Round of NSS data for 2004-05 reveals that the average per capita consumption of cereals of persons falling in the range of Monthly Per Capita Expenditure(MPCE) near the poverty line was 12.16 kg in rural areas and in urban areas it was 10.24 kg per capita per month. Assuming the average family size of five, the average per family consumption of cereals by families falling in the MPCE of poverty line works out to be 60.80kg per month in rural areas and 51.20 kg per month in urban areas. Similarly, the consumption of pulses and pulse products was 3.22 kg per family per month in rural areas and 3.31kg. per family per month in urban areas.

It is further submitted that the Planning Commission estimates the Head Count Poverty Ratio after every five years based on the large size sample survey on household consumption expenditure conducted by the National Sample Survey Organisation (NSSO). The last poverty estimates based on
NSSO 2004-05. The next round of large sample survey has been conducted in 2009-10. As hereunder, the Planning commission is in the process of estimating the revised poverty lines taking into account changes in the price level as per the Tendulkar Methodology using the 2009-10 data, which is now available.

It is respectfully submitted to the Hon’ble Court that the total BPL population presently being used for the public distribution services works out to be 35.98 crore. If the Tendulkar poverty ration for 2004/ is applied to the projected population of the Registrar General of India as on 1st March 2005, the total BPL population would be 40.74 crore. The poverty estimates for 2009/10 are being worked out on the basis of the detailed NSSO data which has become available and the provisional estimates suggest that the total BPL population as per 2009/10 estimation may be lower than that which would have emerged Tendulkar ratio on 2004/05 projection.

It is most respectfully submitted that this Hon’ble Court may be pleased to consider the clarifications given hereunder with regard inter alia to its orders of 14.5.2011 and 29.3.2011. The Planning Commission most solemnly undertakes to provide any further information this Hon’ble Court may call upon it to do so.

No part of this affidavit is false and nothing material has been concealed thereto.


Deponent

Verification:-

Verified at New Delhi on this 20th day of September,2011 that the contents of the above affidavit are true and correct. No part of it is false and nothing material is concealed therefrom.

CBI comes to the rescue of P Chidambaram in Supreme Court

The CBI today opposed the application filed by Subramanium Swamy asking for a CBI probe into the role of P Chidambaram. The agency went on to say the #SupremeCourt has no jurisdiction to order CBI probe in this case. Swamy on the other hand said that there were four meetings between A Raja nd P Chidmbaram. Swamy went on to say that even PM was present in the last meeting relating to spectrum pricing!

CBI also said that the probe is over in 2G scam except the role of Dayanidhi Maran! Matter shall continue for hearing tomorrow. During the arguments #CBI counsel KK Venugopal said that Subramanium Swamy has already demanded in the lower court that P Chidambaram should be made an accused. And two applications on the same issue cant be filed in two courts.

Swamy on the other hand said that the lower court can't order CBI probe thats why he has made a prayer before the #SupremeCourt. Swamy also clarified that in the lower court he had asked for making Chidambaram a co accused in the case. Swamy also said that there was a home ministry had issued an advisory against the two companies Etislat nd Telenor despite which they got liscenses.

Swamy also quoted A Raja who said in the official communication that P Chidambaram advised him that there is nothing wrong if the two abovementioned companies are given spectrum. Counsel for CBI also said that now the Chargesheets have already been filed in the case, P Chidambaram can't be made an accused.

Important matters in the Supreme Court on 20.09.11

Court 2/1 Black Money (Deleted) |
Court 2/26 Cancellation of bail to Hassan Ali (to be taken up as 1st item)|
Court 3/1 Night Shelters |
Court 6/301 (2pm) CPIL V/S UOI (2G scam) & Rajeshwar Singh v/s Subrato Roy Sahara |
Court 9/101 Uphar fire tragedy case

Justice Katju : A judge I will never forget

As a Legal Correspondent for many years, I have seen many judges coming, working and retiring. But not everyone deserve a writing. Justice Markandey Katju is one man who earned my attention and respect.And today I want to confess, he is one judge, I will never forget in my life. Though many a times, I was highly critical of the way he functioned in the highest court of the country. I always described Justice Katju as a man who does the right things in the wrong way!

I remember the first time when I entered in the courtroom of Justice Markandey Katju.Don't remember the case but what I noticed about him was that he was speaking in Hindi. I was shocked! Never before I had seen a judge who would speak in Hindi in Supreme Court of India. To be very frank, I didn't know about his background then. A senior journalist told me that he is Justice Markandey Katju. He comes from a reputed family of Allahabad and a very knowledgeable man.

Gradually I started going to his court regularly. Journalists used to say jokingly, if you dont have any story on any given day, Just go to Justice Katju's court. Many a times he would come up with strong observations. In a case relating to a corrupt babu, Justice Katju observed that the corrupt should be hanged on the lamp posts in public. This was not the end, another case of a matrimonial dispute and Justice Katju observed that men should follow what their wives say for peace at home. I remember him saying "...अरे भई सब बीवी की मानते हैं.. हम भी मानते हैं..." that was hilarious.I even told my wife jokingly that now Justice Katju has said this so I will follow what you will say.

But observations are not the only thing you would remember about Justice Katju. Sometimes I would criticise Justice Katju for running his court like a Kangaroo Court. He would issue notice in a matter and dismiss the petition on the next hearing without even hearing the counsels. I would know that this petition deserves to be dismissed but why not hear the counsel if you have issued notice on the first place? And if you had to dismiss a petition, why issue a notice in that? But that was his style of functioning.

During the hearings, the counsels feared telling him facts relating to history. During the arguments a counsel mentioned something from the history. Justice Katju was quick to correct him. Justice Katju even told him to check his facts again. And by previous experience, no one questioned him. Everyone knew that if Justice Katju is saying it, it must be true. That is the respect he has earned in the court.

Another incident which I will never forget in my life is the court room drama when Justice Katju summoned a lower court judge in his court room. The lady judge had passed a stay on a vacation order relating to some property in Connaught Place. The vacation order was passed by the bench of Justice Katju and Justice Gyan Sudha Mishra. I remember Justice Katju was furious! He said how can a lower court judge overrule order of the Supreme Court? And just as it would happen in Mougal Emperor Jahangir's court, the lady judge started pleading "...Mercy my lord mercy!! Mercy..."

And as Justice Katju would react, he said "...अब क्या करें.. हमारा भी तो दिल है..." Justice Katju wanted to pardon that lady judge. But! the counsel for the opposite party objected to this. He said something should be done in this case. Finally Justice Katju referred the matter to the Delhi High Court to see if some disciplinary action could be taken in this regard.

Lastly, one judgment by Justice Katju which I will never forget in my life. The judgment in the case of Aruna Shanbaug who is lying in the permanent vegetative state since more than thirty years. Aruna's friend wanted mercy killing for Aruna but Justice Katju did not allow it. At the same time, Justice Katju laid down a law on mercy killings in India. He set up a procedure following which a person can be given Euthanasia. Otherwise Indian Law did not permit mercy killings. 

Last but not the least, his judgment on rehabilitation of sex workers and his judgment saying something is rotten in Allahabad High Court are worth mentioning here. And let me confess, though I never liked his style of functioning, he is the only judge who earned tremendous respect in my heart. I wish he reads this blog some day. And if you are reading this blog sir, I respect you from the core of my heart!

Speech of Justice Markandey Katju on retirement on 19.09.2011

My Lord, the Chief Justice, my brother Judges, Mr. Attorney General, Mr. President of the Supreme Court Bar Association, other office bearers of the Bar Association, learned members of the bar, members of the Registry of this Court, ladies and gentlemen,

I wish to thank you all for giving me this touching farewell, and the good words you have said about me. I am particularly beholden to the representatives of the bar, the learned Attorney General and the President of the Bar Association for I do believe that a tribute coming from the bar is the highest reward a Judge can aspire for.

I wish to thank My Lord the Chief Justice of India and my brother and sister Judges for their kindness. I thank my personal staff for the great help they gave me, Mr. Monoj Sen, my Private Secretary, and Mr. Sunil Narang and Mr. Deepak Joshi, my Personal Assistants. I also wish to thank my Court Masters, Mrs. Indu Satija, Mr. Parveen Chawla and Mr. Rajesh Dham. I also thank all the officers and supporting staff of the Protocol Section and other officers and staff of the Registry for their good service. I also thank my domestic staff, who were always loyal and of great help to me and my wife.
As regards my performance as a Judge, that is for others to decide. All I can say is that I always tried to do my duty sincerely and honestly.

It was a great privilege for me to serve in this august institution. I am sure that this court will continue serving the country honourably in the role assigned to it by the Constitution.
Thank you,
(Markandey Katju)

Matters in Supreme Court on 19 September 2011

Court 2/31 Exploitation of cheldren in T.N. |Court
2/48. (3pm) Hassan Ali Bail cancellation | Court
7/50. Gautam Doshi Hari Nair & Surendra Pipra Bail Matter.
| Court 7/301 (1pm) Sanjay chandra & vinod Goenka Bail.
| Court 9/44 Hansi Butana canal issue

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