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SC shifts focus from NEW DELHI, Nov 22: Shifting focus from the CNG, the Supreme Court today issued a series of directions to prevent fuel....more Another
place of JAGATSINGHPUR (ORISSA), Nov 22: Police registered a case on a fresh complaint of damage to a place of worship,. ...more Jogi’s tribal credentials debated in Assembly RAIPUR, Nov 22: The opposition in Chhattisgarh has demanded that Chief Minister Ajit Jogi step down from his post till his claim of being a tribal was recognised in court.....more Construction
of Ram CHENNAI, Nov 22: Construction of a Ram temple at the disputed site in Ayodhya will begin by March 12, irrespective ..more |
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Minor’s property can
not NEW DELHI, Nov 22: In a major order concerning Hindu Guardianship Act, the Supreme Court has held that no person acting as defacto guardian can ......more Oppn
disrupts NEW DELHI, Nov 22: Mounting the campaign against re-induction of George Fernandes as Defence Minister, a united......more Instructions
on NEW DELHI, Nov 22: As part of the Government’s exercise to bring greater transparency in defence deals, the Defence......more To
order inquiry against NEW DELHI, Nov 22: Coming down heavily on those playing fraud on the courts, the Supreme Court has ruled that if a...more |
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SC shifts focus from CNG to fuel adulteration, safety NEW DELHI, Nov 22: Shifting focus from the CNG, the Supreme Court today issued a series of directions to prevent fuel adulteration and inquired from authorities about steps taken to ensure safety of passengers and school children. On an application from the petrol dealers, a three-judge bench comprising Justice B N Kirpal, Justice V N Khare and Justice Ashok Bhan asked the environment protection committee headed by Bhurelal to appoint an independent agency to conduct surpirse checks at oil depots and tankers for adulteration. "Bhurelal committee should appoint an agency who would independently carry out random and surprise inspections at petrol pumps, oil depots and oil tankers in Delhi and give a report to the court by December five on the quality of petrol and diesel available there," the bench said. Turning its attention to several fatal accidents on the Delhi roads in the recent past, the bench wanted to know from both the Centre and Delhi Government whether there had been any plan to make fastening of seat belts mandatory for the occupants of cars. The Delhi Government submitted that it has already sent a proposal making fastening of seat belts in car mandatory. The bench asked the Centre as to when this would be made mandatory initially for the front seat occupants and later for the rear seat occupants. The court, referring to its earlier order on traffic management in the capital, asked the Delhi Police to "file an affidavit giving status report with regard to implementation of earlier orders regarding traffic regulations and safety of children travelling in school buses." The court also issued notice to centre, Delhi Government and the Delhi Police relating to banning entry of those buses and trucks into Delhi which use the capital roads for transit purpose. The bench posted the matter for further hearing on December six while asking all concerned to file their affidavits on or before December five. On the seat belts issue, when Additional Solicitor General Mukul Rohatagi sought time to respond to the query from the court, the bench observed "you want few more people to die on the roads!" However, Delhi Government informed the court that they have already sent such a proposal to the ministry of surface transport but have received no response on that. However, the city Government said that it would enforce fastening of seat belts by the occupants of a car if the apex court so observed. The bench asked "for all such things why do the authorities need a direction from the court? can’t they do it on their own." (PTI) |
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Another place of worship damaged in Jagatsinghpur JAGATSINGHPUR (ORISSA), Nov 22: Police registered a case on a fresh complaint of damage to a place of worship, as indefinite curfew clamped in three gram Panchayats near this district headquarters town on Tuesday night continued for the third day today, official sources said. The authorities were keeping vigil in other areas of the district after a complaint was received about damage caused to a place of worship at Dhoti village under Tirtol police station yesterday, the sources said. Police staged flag marches this morning in the areas placed under curfew following incidents of violence and arson between two communities earlier this week, the sources said. Ten platoons of armed police were maintaining vigil with senior police and district officials camping in the areas falling under Piteipur Panchayat, the sources said. The situation there, however, showed marked improvement with no fresh incident reported since Tuesday, the sources added. Piteipur, Shanpur and Taradapada Panchayats had witnessed violence and arson after people belonging to two communities clashed over ownership of a four-acre plot at Piteipur which was used both for cremation and burial. Around 20 houses and shops were torched after a place of worship at Piteipur was stoned on Monday. Meanwhile, 38 people detained by the police in connection with the incidents were arrested last night. Among them 37, including one admitted to the Government hospital here, were produced before the local judicial magistrate who rejected their bail prayers and remanded them to judicial custody. The sources said a peace march was proposed to be taken out by the local village committee later in the day with the permission of the district administration in areas outside the curfew-bound panchayats comprising 13 large villages. (PTI) |
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Jogi’s tribal credentials debated in Assembly RAIPUR, Nov 22: The opposition in Chhattisgarh has demanded that Chief Minister Ajit Jogi step down from his post till his claim of being a tribal was recognised in court. During a debate last night on an adjournment motion on the issue moved by Mr Brijmohan Agrawal (BJP) and 20 others, who rejected Mr Jogi’s tribal credentials, opposition members alleged that tribals who came to a november four meeting convened to discuss the Chief Minister’s tribal status had been attacked by youth Congress workers. The controversy erupted in the wake of the National Commission for Scheduled Castes and Scheduled Tribes’ observation that Mr Jogi was not a tribal. The adjournment motion related to the violent incidents that took place during the November four meeting of the Chhattisgarh Adivasi Vikas Parishad. The opposition alleged that the attack took place at the behest of the Chief Minister and police had not taken action against the offenders. They demanded the immediate arrest of the attackers. Though the treasury bench initially opposed the debate saying Mr Jogi’s tribal status issue was sub-judice, Speaker Rajendra Prasad Shukla admitted the motion after Mr Jogi said he was prepared to debate any issue as he believed in democracy. Participating in the debate on the admissibility of the motion, Mr Jogi said it was the first time in the world that the tribal credentials of a Chief Minister were being questioned. Hinting at a sinister design behind the controversy, he said his credentials were being questioned as he belonged to a "particular class." Even as the treasury bench defended Mr Jogi’s claim of being a tribal, leader of the opposition Nand Kumkar Sai and other BJP members dubbed Mr Jogi a ‘pseudo tribal’ and demanded his resignation till the controversy was cleared. Senior BJP member Nankiram Kanwar, who has offered to step down as legislator if Mr Jogi proved he was a tribal, said it was the Chief Minister’s party MLAs who first questioned his claim. Referring to a memorandum submitted to the Congress president in 1997 by about 60 congress mlas of undivided Madhya Pradesh challenging Mr Jogi’s tribal status, he said some of the signatories were now members of Mr Jogi’s cabinet, he said. Mr Sai pointed out that Mr Jogi’s cabinet colleague Mahendra Karma, also a tribal, had demanded that he should prove his tribal credentials before the community. The opposition leader charged the Jogi Government with misusing the police to crush democratic dissent. Mr Sai, who claims to be a member of the Kanwar tribe, demanded that Mr Jogi submit to the house details of his family tree. Though the adjournment motion was scheduled to be discussed for only two hours, it took double the time. And, despite repeated requests from the opposition, Mr Jogi did not reply to the debate. On many occasions, uproarious scenes were witnessed as the ruling party and opposition members traded allegations against each other. (UNI) |
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Instructions on appointment of authorised representative NEW DELHI, Nov 22: As part of the Government’s exercise to bring greater transparency in defence deals, the Defence Ministry has issued instructions on the appointment of representatives or agents of foreign suppliers, Lok Sabha was informed today. In a written answer, Defence Minister George Fernandes said the authorised representatives would make available information of latest technologies, assist during trials and help in post contractual servicing. The salient features of the instructions of the ministry are that all foreign suppliers who wish to appoint indian authorised representatives or agent would register them with the ministry. Such an authorised representative could be an individual, a partnership, a limited company, private or public. The agent must be an income tax payee, he said. Adequate safeguards have been provided in the guidelines and in case an original equipment manufacturer or his authorised representative or agent is guilty of infringement of the terms of his contract or accreditation, suitable penalties have been provided for in the contract and in the guidelines, the minister said. Trainers: The Government has decided to go in for the procurement of an Advanced Jet Trainer (AJT) as identified by Indian Air Force for safe and smooth transition of young trainee pilots to high performance and technology aircraft in front line squadrons, Fernandes said. Various options for the acquisition of an AJT were under the consideration of the Government, he said. Indo-Pak: None of the Indian positions along the border has been attacked by the Pakistan forces during the last three months, Fernandes said. However, there have been regular incidents of unprovoked firing across the Line of Control and International Border by Pakistan forces, which have been adequately responded to by the Indian troops, he said. Pakistan Army activities in close proximity of the border are constantly being monitored and a high state of vigilance is being maintained, Fernandes said. Adequate precautionary measures have been taken to ensure the security of the country, he said. Naval: Exercises between the Indian and French navies are carried out on the operational requirement of either navy, Fernandes said. It is an on-going exercise and no formal agreement regarding holding of joint exercises has been agreed, he said. During the last three years, Indo-French joint naval exercises have been carried out six times, he said. Oil: The international campaign against terrorism following the September 11 events in the USA has not, so far, adversely affected the oil supplies as also the prices of the petroleum products in India, Minister for Petroleum and Natural Gas, Ram Naik said. Pool: The cumulative outstanding dues payable from the oil pool account to the oil companies and the Government of India were around Rs 6,256 crore and Rs 12,600 crore as on March 31, 2000 and March 31, 2001, respectively, Naik said. (PTI) |
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To order inquiry against a
man, a court NEW DELHI, Nov 22: Coming down heavily on those playing fraud on the courts, the Supreme Court has ruled that if a court found that some one has committed an offence in relation to proceedings before it, it can straight away direct initiation of inquiry without hearing him. This ruling was given by a three-judge bench comprising Justice K T Thomas, Justice S N Phukan and Justice Y K Sabharwal on a petition challenging the direction of prosecution given by a court without even holding preliminary inquiry or hearing him. Justice Thomas, writing the judgement for the bench, said Section 340 of the Criminal Procedure Code made it clear that the hub of this provision was formation of an opinion by the court that it was expedient in the interest of justice that an inquiry should be made into an offence which appears to have been committed. "In order to form such opinion the court is empowered to hold a preliminary inquiry. It is not peremptory that such preliminary inquiry should be held. Even without such inquiry the court can form such an opinion when it appears to the court that an offence has been committed in relation to a proceeding in that court," he said. In a compensation matter pertaining to acquisition of land for Arunawati project in Maharashtra in 1985, the lower court noticed that certain land owners by forging papers had made themselves entitled to get higher compensation from Government and directed their prosecution. Justice Thomas, rejecting the appeal filed by those being prosecuted, said it was important to notice that even when the courts form such an opinion it was not mandatory that the court should make a complaint. Though the provisions of Section 340 of the code conferred the power on the court to do so, "it does not mean that the court should, as a matter of course, make a complaint", the bench said. It said "but once the court decides to do so (to make a complaint), then the court should make a finding to the effect that on the fact situation it is expedient in the interest of justice that the offence should be further probed into." Justice Thomas said the preliminary inquiry contemplated under the code was not for finding whether any particular person was guilty or not. "Far from that, the purpose of preliminary inquiry, even if the court opts to conduct it, is only to decide whether it is expedient in the interest of justice to inquire into the offence which appears to have been committed," he said. The person against whom the complaint, if at all made, has a legal right to be heard whether he should be tried for the offence or not, but such a legal right was envisaged only when the magistrate calls the accused to appear before him. The court is under no legal obligation "to afford an opportunity (to the persons against whom the complaint would be made) to be heard prior to making the complaint", Justice Thomas said. (PTI) |
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