SC
to hand out verdict on bail plea of Manu
Sharma today
NEW DELHI, May 11: The Supreme Court
will pronounce tomorrow its verdict on
the bail application of Siddharth
Vashisht, alias Manu Sharma, serving life
imprisonment in Jessica Lal murder case.
A bench
comprising Justices C K Thakker and D K
Jain had reserved its verdict after
arguments on the bail application of Manu
sharma, son of former Haryana Minister
Vinod Sharma, were concluded.
Senior
Counsel Ram Jeth Malani pleading for the
suspension of sentence of his client has
contended that High Court had reversed
the order of acquittal passed by the
trial court under the pressure from the
media.
He has
also contended that there was no evidence
against his client and the main witness
Bina Ramani, whom the High Court had
accepted as an eye witness was in fact
not the eye witness as she was not
present at the time of crime.
It may be
noted here that the present Delhi Police
Commissioner Y S Dadwal, who was the
Joint Police Commissioner in Delhi then
was also shifted outside the capital when
the media reported that he was also
present at the Bina Ramanis
restaurant in Mehrauli in South
Delhi
at the time of murder.
Jessica
Lal was shot dead by Manu Sharma
following her refusal to serve liqour at
odd hours at night when the bar had
already been closed.
Jessica
was working as a bar tender at the
restaurant owned by socialite Bina
Ramani.
Manu
Sharma was aquitted by Mr S L Bhayana who
was the Additional Sessions Jugde at that
time and was later promoted to Delhi High
Court within a week of aqcuitting Manu
Sharma. (UNI)
Judicial
system rusted half century
ago
NEW DELHI, May 11: Indias
judicial system was seen half a century
ago by then Prime Minister Jawaharlal
Nehru to have become"rusted and
outmoded" and in need of
"thorough renovation."
This was
recalled by Supreme Court Judge P
Sathasivam while delivering the 9th
Vengalil Krishnan Krishna Menon Memorial
Lecture last night.
Justice
Sathasivam who spoke on Evolution
of Judicial System called
"mounting arrears and long
delays" the main challenge to
Indias justicing process.
He
said Nehrus remarks came in an
address to the State Law Ministers
Conference on March 11, 1959.
Indias first Prime Minister
"had said that our judicial system
has become rusted and outmoded. It
requires thorough renovation,"
Justice Sathasivam said.
"During
the last fifty years," Justice
Sathasivam said, "the Law Commission
of India... Has submitted one after
another 197 reports suggesting reforms,
both in substantive as well as the
procedural laws.
"A
plethora of reasons has been put forth by
the jurists, judges, lawyers,
academicians and social engineers for
delay in disposal of cases in the Indian
courts."
"Interestingly,"
Justice Sathasivam said, "arrears
have continued to mount."
He
estimated that Indias nearly 15,000
courts between them have 28.8 million
cases pending, including some 3.71
million in High Courts and 44,819 in the
Supreme Court.
Justice
Sathasivam said the Indian judiciary
today "is the continuation of the
British legal system established by the
English in the mid-19th century."
India
was governed by laws based on the
Arthashashtra dating from the 400 BC, the
Manusmiriti from 100 AD and other
smiritis or commentries on Vedas that
were considered authoritative legal
guidance.
The
Judiciary, the Executive and the
Legislature were the same person-the king
or the ruler of the land, although
villages had ample independence to
resolve disputes through panchayats, he
said.
This
tradition continued beyond the Islamic
conquest and through the Middle Ages, he
said, adding how in the Mughal period
Adalats functioned as courts and Mughal
emperors as Supreme Courts.
But
this tradition was supplanted by the
common law when India became part of the
British empire, he said.
Justice
Sathasivam spoke of such new trends in
litigation as those related to
intellectual property rights, cyber
crimes, environment, money laundering,
telecom and international arbitration.
He
said the Union of India, State
Governments, public sector undertakings
and Government corporations, taken
together "are the largest litigants
in the courts of law and contribute the
larger chunk of litigation."
He
blamed this on indecision, apathy for
civilians rights and absence of
accountability as well as on inadequacies
in appointing Government advocates and
public prosecutors.
He
suggested Governments develop inhouse
mechanisms for settling such disputes
before they reach the court and take a
conscious decision whether or not to
litigate with the help of committees
assisted by former judges or legal
advisors of integrity and independence.
"Our
laws have to be alive to the global
scenario... And so has to be the
interpretation and administration of
laws," he said. (UNI)
RSS
organ suggests PM to save face
by calling off nuke deal
NEW DELHI, May 11: Prime Minister
Manmohan Singh should either call off the
protracted negotiations with the Left on
the Indo-US civilian nuclear agreement or
back out from the deal instead of making
himself an object of ridicule before the
comity of nations, the RSS mouthpiece
Organiser said.
In the
editorial headlined "What a farce on
this deal" in its latest edition,
the Organiser said it was not clear if
the Left had succeeded in nuking the
Indo-US nuclear deal.
"But
External Affairs Minister Pranab
Mukherjee indicates that the deal is
dead. And the Prime Minister the same day
claims that the deal is still alive. UPA
has only to blame its timidity for this
sorry state of affairs."
The
problem being that the UPA was not
willing to stake its power to save the
deal, the weekly said, adding this the
Left knew better and was blackmailing the
Government on every step.
As a
coalition Government, the UPA had not
"crowned itself in glory" the
way it handled national affairs, it said.
Under the
UPA, the Organiser said India had not
been able to leverage its diplomatic
status because of the Left leg pulling.
"The
regional super power looks isolated in
the region. It has not made friends
outside the region. Its position is so
weak that it gives the impression of
playing the US tune, kowtowing and
appeasing China, getting snubbed by
Russia, opposing the Iran nuclear
adventurism even as it tries to offer an
olive branch to that country all at the
same time. Has it enhanced Indias
standing on the international
level?" it asked.
The RSS
mouthpiece further said the Left was
expected to get back on May 28 with its
reactions to the governments
negotiations with the International
Atomic Energy Agency (IAEA).
"The
Government is afraid that time is running
out-the US has put a June deadline-and it
believes that the safeguards India is
likely to get through the 123 agreement
are the best it can hope for.
"But
that is not the worry of the Left. It has
to take care of the geopolitical
interests of China. The CPI(M) has
repeatedly shown that its policy
approaches are dictated by
extra-territorial considerations. And the
UPA has become a tool for the CPI(M)
shenanigans. This has greatly eroded the
authority of the Government. No
international treaty could be held
hostage to domestic power play in this
fashion."
The
Organiser further said India had been
made to suffer a major diplomatic loss of
face in the past three years because of
the unedifying spectre of the government
going repeatedly to the Left presidium
for explaining every step of the proposed
123 agreement.
"It
also exposes the ineptitude of the
present regime in handling major policy
initiatives. We have always been
cautiously critical of the Indo-US
nuclear deal in its present format. It is
an unequal treaty, which restricts
Indias nuclear sovereignty. And
India is not getting any solemn assurance
from the US or the IAEA that its
commitment to a credible nuclear
deterrent will be taken care of," it
added.
As the NDA
Prime Ministerial candidate L K Advani
had repeatedly pointed out no country
would give in writing surrendering its
right to conduct nuclear tests in
perpetuity unless it was a client state,
the RSS mouthpiece said.
India can
and should get a better and honestly
equal 123 deal. But the UPA has
foreclosed this chance by its open stand
that the present text of the 123
agreement was the best that India could
get.
"This
is a hugely specious argument. India has
always stayed out of the CTBT because of
his realisation that a rogue state like
Pakistan, armed to the teeth with the US
and Chinese arms supply and nuclear
capability, is a threat to its
territorial defence and that for peace in
the region we have to equip ourselves
with a credible defence mechanism."
This
aspect has always been appreciated by the
international community, the Organiser
said, adding India had on its own despite
sanctions developed a nuclear warhead and
conducted two successful tests.
But as Mr
Advani noted recently, the UPA does not
feel proud of this glorious legacy.
"The
Government is not celebrating the 10th
anniversary of the Pokharan-II nuclear
blasts. It is not bothered about the fact
that it was (late Prime Minister) Indira
Gandhi who took the initiatives to make
India a nuclear weapons state and
conducted the first Pokharan test. The
UPA also did not celebrate the Kargil war
victory anniversary earlier. These were
defining moments in nations history
and in fact the Pokharan-II forced the
world to view India with respect.
"It
is high time that Dr Singh either called
off the protracted negotiations with the
Left or called off the deal instead of
making himself an object of ridicule
before the comity of nations," the
Organiser said. (UNI)
Social
change towards HIV/AIDS patients in AP
NUNNA, ANDHRA PRADESH,
May 11: A visible change in the
social behaviour towards HIV/AIDS
patients is seen in this tiny village in
Andhra Pradesh as family members of the
affected persons now look after them
lovingly, thanks to a care and support
centre.
The change
taking place is distinctly visible at St
Anns Snehsadan, the support centre
for seriously ill HIV/AIDS patients in
Nunna, about 15 km from Vijaywada.
"It
is a care centre with a humane touch.
Here, HIV/AIDS patients come from far and
wide because they are treated with love
and care," says Dr Kalidas,
Assistant Director, Andhra Pradesh State
AIDS Control Society (APSACS).
The
scenario was very different till a few
years ago, when HIV/AIDS was a taboo
word.
"Till
about 2002-03, relatives used to just
dump the patients outside the gate and go
away and there would be no visitors. It
created a lot of problems in taking care
of the patients and it had a very bad
effect on the morale of the
patients," said Sister Tresa,
Administrator, St Anns Snehsadan.
To combat
the growing indifference of the families
towards the patients, the hospital came
up with a strict rule that no patient
would be admitted without an attendant.
"We
even refused many patients who were not
accompanied with family members. After an
HIV test is conducted, the patient is
given counselling and we involve the
family member in this also," Sister
Tresa said.
"Now,
there has been a marked change in the
attitude of the family members of
patients. During the visiting hours, the
garden and recreation hall are full of
near and dear ones of those admitted
here," she said.
"Spouses
or family members of those patients who
have passed away also come and sponsor
meals here on their loved ones
death or birth anniversary," she
added.
The
14-acre care centre nestled in
natures lap is in the midst of
fruit trees like mango, jack fruit and
banana and also has its own dairy farm.
"We
have two beds in a room where we keep the
dying patients separately. Here, the
family members are allowed to spend time
with their loved one," Sister Tresa
said.
"When
they pass away, the body is properly
sanitised as the virus remains for two to
three hours after death. The body is
taken out through the back door so that
the other patients are not disturbed on
seeing it," she said. (PTI)
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