Punjab and Haryana High Court chief takes oath

Chandigarh, June 1 : Justice Sanjay Kishan Kaul was Saturday administered the oath as the chief justice of the Punjab and Haryana High Court here.

Haryana Governor Jagannath Pahadia administered the oath of office to Chief Justice Kaul at a ceremony at the Haryana Raj Bhavan here.

Haryana Chief Minister Bhupinder Singh Hooda, Punjab Chief Minister Parkash Singh Badal, ministers and senior officers of Haryana and Punjab and judges of the high court were present at the ceremony.

Interacting with the media persons after the oath, Chief Justice Kaul said his priorities would be to bring down the pendency of cases, which is currently about 11.51 lakh in district courts of Punjab, Haryana and Chandigarh.

He said that the strength of judges of Punjab and Haryana High Court has gone down to 41 as against the sanctioned strength of 68 judges.

“Shortage of judges leads to pendency in the cases and the ideal strength should be between 50-55. To lessen the burden on the court, alternative dispute resolution should be strengthened,” the chief justice said.

A product of Delhi's Modern School, Chief Justice Kaul practised in the Delhi High Court and the Supreme Court before being made a judge in the high court in May 2001.(IANS)

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Bangladesh supreme court lifts ban on newspaper

July 18 (Reuters) – Bangladesh’s Supreme Court on Sunday lifted a government ban on the publication of a pro-opposition newspaper, but the daily’s editor remained in police custody.

Authorities last month banned the Amar Desh newspaper, considered a mouthpiece of the main opposition Bangladesh Nationalist Party (BNP), and detained its editor Mahmudur Rahman.

“A full bench led by Chief Justice Mohammed Fazlul Karim in a ruling scrapped the ban,” a registrar of the Supreme Court told reporters.

The publication was banned following a complaint by a businessman who had accused its editor of cheating him by continuing to list him as a publisher even though he resigned from that post in December 2008.

Rahman, a former energy adviser to the BNP government between 2001-06, was charged with graft and was denied bail by a lower court.

The BNP accused the government of halting publication after the daily ran articles critical of the government and the prime minister.

(Reporting by Nizam Ahmed, editing by Jonathan Thatcher))

Kasab files appeal in Bombay High Court against death sentence

Mumbai, June 4 (ANI): Mohammad Ajmal Amir Kasab, the lone surviving Pakistani gunman, who was sentenced to death for his role in the 26/11 Mumbai terror attacks, has filed an appeal in the Bombay High Court challenging the verdict and sought a legal aid panel to fight his case.

It has been reported that Kasab filed the appeal through the jail authorities and his plea for a lawyer has been forwarded to the High Court Legal Services Committee (HCLSC).

The HCLSC would now present Kasab”s plea for a lawyer before Acting Chief Justice J N Patel, who is patron in chief of Maharashtra State Legal Services Authority and senior Judge and Chairperson of HCLSC, Justice Ranjana Desai.

Earlier on May 6, Kasab”s defence lawyer K. P. Pawar said the decision about appealing to the High Court against the death sentence would be taken after consultations with the convict.
A Mumbai Special Court on May 6 sentenced Kasab to death on four counts.

Judge M L Tahiliyani awarded death sentence for Kasab on-waging war against India, murder, conspiracy to murder, and participating in an act of terror under Unlawful Activity Prevention Act (UAPA).

Judge Tahaliyani felt that Kasab”s crime fell under the judicial definition of ”rarest of rare”.

Kasab, who is the 52nd prisoner on death row in India, was also awarded life term on five other counts. (ANI)

Law Society says billable hours likely to stay

The Law Society of Western Australia says while it broadly supports calls for lawyers to move away from billable hours or time-based billing, the change would be difficult to implement.

In a speech to launch Law Week yesterday, Chief Justice Wayne Martin said the process of charging clients in six-minute increments was outdated and inefficient.

Law Society President Hylton Quail says some firms have already moved away from time-billing.

“Some areas of law are better suited to lump-sum billing but I do think that in other areas it’s very unlikely that we’ll ever get away from time-based costing.

“We do know that in some areas, particularly with mum and dad clients, time-based billing can be problematic because in a sense you’re signing up to really, the length of a piece of string.”

Former Delhi High Court Judge questions eviction of beggars for CWG

New Delhi, May 14 (ANI): Former Delhi High Court Chief Justice A. P Shah has criticized the State Government for evicting beggars and other ”have-nots” from Delhi.

He was speaking after the Housing and Land Rights Network (HLRN), a non-government body, released its progress report on the government”s intended plans in the run-up to the October 2010 Common Wealth Games.

“Authorities are cleaning street vendors, rickshaw pullers and other informal sector workers of the road in the process depriving thousands of the urban poor of their livelihood,” said Shah.

Miloon Kothari, one of the panelists, said the holding of the Games contravened India”s Constitutional.

Kothari said the excessive costs involved in staging the games event ignore the reality of high levels of poverty, hunger, inequality, homelessness and malnutrition.

The HLRN report has posed several questions such as the rationale for spending billions of rupees on the event vis-à-vis the key pre and post event general recommendations and allied suggestions.

Human rights activists have raised several questions covering various dimensions of the Commonwealth Games, especially the level of expenditure on a one-time sporting event and actual delivery of benefits to the masses

Apart from Justice Shah and Kothari, others who took part in the panel discussion were Amitabh Kundu, Director of Hazards Centre and Dunu Roy of HLRN. (ANI)

Pak court dismisses plea against extradition of Taliban No.2

Islamabad, May 12 (ANI): The possible extradition of 12 Afghan Taliban militants, including Taliban No.2 Mullah Abdul Ghani Baradar, arrested by Pakistan has benn stalled after the Lahore High Court dismissed petitions regarding the extradition.

Chief Justice Khawaja Muhammad Sharif on Tuesday rejected the plea of petitioner’s lawyer Tariq Asad, stating that the petitioner, Khalid Khawaja, was now dead.

He said a fresh petition needed to be filed for the case to proceed, the Daily Times reports.

Khawaja was kidnapped and later killed by the Afghan Taliban.

The kidnappers had linked his release with the withdrawal of petitions pending in the Lahore High Court regarding their arrested men.

Khawaja had challenged the possible extradition of Mullah Baradar, Mullah Abdul Salam, Maulvi Kabir, Mullah Muhammad, Ameer Muawiya, Tayyab Agha, Hakeemuddin Mehsud, Mullah Tayyab Popalzai, Abdul Qayum Zakir, Musa and Mohtasim Agha and others. (ANI)

Pak human rights organisation appeal for early repatriation of two Indian fisherboys

Karachi, May 11 (ANI): A Pakistan human rights organisation, the Society for the Protection of the Rights of the Child (SPARC), has appealed the government and other higher authorities to make arrangements for sending home the two Indian fisherboys, who were arrested but released later last month.

The SPARC has written to Prime Minister Yousuf Raza Gilani, Chief Justice Iftikhar Muhammed Chaudhry and other leaders to ensure early repatriation of the two boys, who were arrested by Pakistan’s Martime Security Agency along with 14 other Indian fishermen for violating country’s sea limits in December last year.

The Karachi Judicial Magistrate has already directed the concerned authorities to release the two young Indian fishermen.

The local court has directed the Sindh Home Department to send back both the fishermen to their home country, as they have already completed their four months sentence in the juvenile prison.

It may be noted that the decision had come after the SPARC had moved a petition in the Sindh High Court (SHC) for their release.

On April 13, SHC Chief Justice Sarmad Jalal Osmany had ordered to close the cases against the boys within two weeks and report to the court on April 22.

India and Pakistan frequently arrest each other’s fishermen over violation of the maritime boundary, and hundreds of them are swapped regularly.

According to statistics, over 100 Pakistani fishermen are languishing in Indian jails while over 600 Indian fishermen are in Pakistani prisons.

Some believe that it is the rare and expensive fish like ‘Lal Pari’, which lures Indian fishermen to sail near Pakistani waters.

The fish is found near Sir Creek, at the mouth of the Indus River.

The “Lal Pari” offers handsome profit to the fishermen and a large quantity of these species are exported to European countries. (ANI)

Supreme Court asks judge to frame issues in N.D. Tiwari paternity suit

New Delhi, May 10 (ANI): The Supreme Court on Monday asked a trial judge to frame issues in a paternity suit filed against former Andhra Pradesh Governor N D Tiwari.

The suit has been filed by Rohit Shekhar, who claims to be his biological son.

The Chief Justice K G Balakrishnan headed bench said the issues should be framed without being influenced by observations made by single judge or the division benches of the Delhi High Court.

The Delhi High Court had on March 17 rejected Tiwari”s plea for quashing Shekhar”s paternity suit.

A division bench of the high court had hinted that Tiwari might have to undergo a DNA test to decide the issue. It set aside a single bench order that had dismissed Shekhar”s paternity suit on grounds that it was time barred and non-maintainable.

Justice S N Dhingra had on November 3, 2009 said the suit filed by Shekhar was non maintainable and allowed the plea of 84-year-old Tiwari, who had sought dismissal of the petition.

Tiwari quit as Andhra Pradesh Governor following allegations of his involvement in a sex scandal inside Raj Bhavan. (ANI)

Murli Deora welcomes Supreme Court”s verdict on Krishna Godavari Basin Gas dispute

New Delhi, May 7 (ANI): Union Petroleum and Natural Gas Minister Murli Deora on Friday welcomed the verdict of the Supreme Court in favour of Mukesh Ambani”s Reliance Industries Limited (RIL) in the Krishna Godavari Basin Gas row, and called it a vindication of the Government”s stand.

“I am given to understand that entire gas belongs to nation and is upheld by the honourable Supreme Court. And the government has power and authority to allocate the price,” said Deora.

Oil Secretary S Sundareshan also welcomed the decision of the apex court saying the government would continue to decide the allocation and price of gas in future also.

“We are given to understand that this viewpoint of the government has been upheld. We are allocating the gas, we are deciding the price of the gas and we would continue to do so in the future,” said Sundaresan.

Emphatically stating that the government is the owner of natural resources, including gas available in the country, the apex court on Friday said that no individual or commercial entity could claim right to such resources.

Delivering a judgement on the Krishna Godavari Basin Gas row between Anil Ambani”s Reliance Natural Resources Limited (RNRL) and Mukesh Ambani”s Reliance Industries Limited (RIL), a three judge bench of the apex court, consisting Chief Justice K G Balakrishnan, Justices P Sathasivam and B Sudershan Reddy said only the government can decide rates of these resources.

Quashing the family formula evolved by Kokilaben Ambani to solve the long drawn out dispute between her two sons, Anil and Mukesh, over sharing of gas, the court asked both to solve the matter through renegotiations within six weeks.

In June 2009, the Bombay High Court had upheld the RNRL”s claim of family agreement.

At the heart of the war is the gas produced by Mukesh Ambani”s Reliance Industries Limited (RIL) in the Krishna Godavari (KG) Basin.

On December 18, 2009, the apex court bench had reserved its judgement in the case.
The apex court heard the case for 26 days spread over nine weeks, beginning October 20, 2009.

The gas is sold to Anil Ambani”s Reliance Natural Resources Limited (RNRL) for its power plants.

The RIL had wanted to raise the price that was agreed upon by a family agreement in 2005 after the brothers decided to split the empire built by their father, Dhirubhai Ambani.

In 2007, the government said that the agreed-upon rate of 2.34 dollars per unit was far too low.

The RIL said it had to raise his rates accordingly to 4.2 dollars per unit and follow Government orders because it owns the gas, and that the RIL is just a contractor.

The RNRL accused the RIL of artificially inflating its costs and decreasing its output to make super-normal profits.

The government said it doesn”t recognize the family contract between Anil and Mukesh because the Krishna Godavari Gas is a government property.

Government said that two private parties cannot strike a deal without its clearance.

The government also said it has set the new price based on a fair formula. (ANI)

SC upholds selected UPSC candidates right to quota benefits

New Delhi, May 7 (ANI): A five judge Constitution Bench of the Supreme Court on Friday upheld the constitutional validity of a Union Public Service Commission (UPSC) rule allowing merit list candidates belonging to reserved category to avail the quota benefit while choosing posts.

The bench consisting of Chief Justice K G Balakrishnan and Justices S H Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam set aside an earlier Madras High Court judgment on the issue.

The court passed the order on a special leave petition filed by the Centre challenging the Madras High Court verdict.

“Such migrations of reserved category candidates taking the benefit of reservation even after making into merit list is not inconsistent with the provision of the Constitution….Appeals are allowed,” the court said in its judgment.

Earlier, the Madras High Court had ordered that if a candidate from reserve category vacates his place in a general category merit list in civil services examination conducted by the UPSC and opts to prop up his position by opting for caste-based benefit, then the vacant general category seat should go to a reserved category candidate. (ANI)

Governors can’t be removed due to change of regime at Centre: SC

New Delhi, May 7 (ANI): In a judgement that could have deep political connotations the Supreme Court on Friday said governors cannot be removed or transferred just because of a change of government at the Centre.

A five-judge constitution Bench headed by Chief Justice K G Balakrishnan gave the decision on a petition challenging the summary dismissal of governors by the President after a change of regime at the Centre.

Earlier, appearing for the petitioner, senior lawyer Soli J Sorabjee had questioned the removal of four governors by the UPA Government after the NDA lost elections in 2004.

He had said constitutional office holders should not be made sacrificial goats at the altar of electoral politics and should be treated with dignity that they deserve.

Sorabjee had suggested a fixed tenure for them or in case of removal, giving of proper reasons by the President of India. (ANI)

KG Basin row: SC says government is owner of gas

New Delhi, May 7 (ANI): Emphatically stating that the government is the owner of natural resources, including gas available in the country, the Supreme Court said on Friday that no individual or commercial entity could claim right to such resources.

Delivering a judgement on the Krishna Godavari Basin Gas row between Anil Ambani’s Reliance Natural Resources Limited (RNRL) and Mukesh Ambani’s Reliance Industries Limited (RIL), a three judge bench of the apex court, consisting Chief Justice K G Balakrishnan, Justices P Sathasivam and B Sudershan Reddy said only the government can decide rates of these resources.

Quashing the family formula evolved by Kokilaben Ambani to solve the long drawn out dispute between her two sons, Anil and Mukesh, over sharing of gas, the court asked both to solve the matter through renegotiations within six weeks.

The decision is a major set back to the Reliance Natural Resources Limited (RNRL) headed by Anil Ambani and its impact was felt immediately on the share market.

In June 2009, the Bombay High Court had upheld the RNRL’s claim of family agreement.

At the heart of the war is the gas produced by Mukesh Ambani”s Reliance Industries Limited (RIL) in the Krishna Godavari (KG) Basin.

On December 18, 2009, the apex court bench had reserved its judgement in the case.

The apex court heard the case for 26 days spread over nine weeks, beginning October 20, 2009.

The gas is sold to Anil Ambani”s Reliance Natural Resources Limited (RNRL) for its power plants.

The RIL had wanted to raise the price that was agreed upon by a family agreement in 2005 after the brothers decided to split the empire built by their father, Dhirubhai Ambani.

In 2007, the government said that the agreed-upon rate of 2.34 dollars per unit was far too low.

The RIL said it had to raise his rates accordingly to 4.2 dollars per unit and follow Government orders because it owns the gas, and that the RIL is just a contractor.

The RNRL accused the RIL of artificially inflating its costs and decreasing its output to make super-normal profits.

The government said it doesn”t recognize the family contract between Anil and Mukesh because the Krishna Godavari Gas is a government property.

Government said that two private parties cannot strike a deal without its clearance.

The government also says it has set the new price based on a fair formula. (ANI)

Supreme Court declares narco-analysis, brain-mapping illegal

New Delhi, May 5 (ANI): The Supreme Court on Wednesday said that brain mapping, narco-analysis or lie detector tests is unconstitutional because it is an unwarranted intrusion on the individual”s rights.

A bench headed by Chief Justice K G Balakrishnan said: ” “We are of the considered opinion that no individual can be forced and subjected to such techniques involuntarily.”

The apex court said these tests are violative of Article 23, which protects a person from being forced to give evidence against himself.

The apex court also said that certain safeguards must be there for consented narco test.

These intrusive tests violate a suspect”s ”right to privacy” that forms part of right to life and liberty, a fundamental right guaranteed under Article 21, they contend.

Investigative agencies have been defending the use of these tests saying it is necessary to deal with organised crime and terrorism and to crack complicated cases.

This move can come as a setback to several high profile cases, like the Arushi murder case, Ruchika Girhotra case etc. (ANI)

Supreme Court to have a woman judge after four years

New Delhi, Apr 30 (ANI): Former Jharkhand High Court Chief Justice, Gyan Sudha Mishra, will take oath as a Supreme Court Justice on Friday.

She will be the fourth woman judge in the apex court.

Mishra (61) was initially appointed as judge of the Patna High Court in March 1994, but was transferred to the Rajasthan High Court.

After 14 years there, she was elevated to the post of Chief Justice of the Jharkhand High Court in Ranchi in July 2008.

Mishra enrolled as an advocate in the Bihar State Bar Council in November 1972 at a time when women entering the legal profession was a rarity.

She was appointed a government advocate for Bihar in 1982.

Alongwith Mishra, Tamil Nadu High Court Chief Justice H L Gokhale and Bombay High Court Chief Justice A R Dave will also be sworn in.

The number of Supreme Court judges will rise to 30 after today”s swearing-in. (ANI)

Pakistan braces for judicial war

Islamabad , April 27 — Pakistan President Asif Ali Zardari and his government are now getting ready for one last battle – possibly the toughest one yet – in which they will take on the judiciary which has questioned parts of the 18th Amendment Act. The bill was passed into law last week amidst much fanfare and with the endorsement of all the major political parties of the country. The Supreme Court has formed a larger bench to hear petitions against the 18 Amendment Act, particularly objections raised against Clause 175-A which deals with the appointment of judges to the superior courts. Petitioners, which include the son of former military strongman General Zia ul Haq, have asked that the supreme court strike down the 18th amendment “as it is against the constitution.” The line being taken by the petitioners is that the 18th Amendment Act changes some very basic concepts of the constitution which it is not empowered to do. Ijazul Haq argues that “it is not the mandate of the present parliament to alter the constitution as this is the job of a constituent assembly.” Another petitioner – Akram Shaikh pleaded that the procedure proposed in the 18th Amendment for appointment of judges to the superior judiciary “is the fourth attack on the judiciary and must be checked.” He prayed to the court to “define the the paremeters according to which the parliament can make laws.” Amongst the legal community, there is heated debate over whether the Supreme Court can strike down an act of parliament. On one side is the president of the Supreme Court Bar Association, Qazi Anwar, who says that no changes can be made against the spirit of the constitution. On the other side is Aitezaz Ahsan, former lawyer for Chief Justice Chaudhry Iftikhar who says that the Supreme Court lacks the jurisdiction to strike down constitutional amendments. Ruling party politicians insist that the government will fight a legal battle with the judiciary and if all else fails, “will take the case to the people.” A possible political referendum is being hinted. In all this, there are fears that the government will enter into another protracted political crisis – which it can ill afford at this point.

So far, the statements being issued by PML-N leader Nawaz Sharif indicate that while the party is not in favour of a confrontation, if required it will stand for the supremacy of parliament. This has given the Zardari government comfort for the long term.

Pak legal experts oppose ‘release of terror suspects on bail’

Peshawar, Apr 26(ANI): Pakistan’s legal experts have said that the Anti-Terrorism (Amendment) Ordinance 2009 will become ineffective if courts in the country begin ordering the release of terror suspects on bail under Article 199 of the Constitution.

They insist the ordinance is aimed at preventing courts from releasing persons charged with terrorism.

Pakistan President Asif Ali Zardari had promulgated the ordinance in October 2009, barring anti-terrorism courts from granting bail to terror suspects.

Under Section 21-D of the ordinance, superior courts’ powers to grant bail vis-a-vis terrorism cases were also curtailed, The Daily Times reports.

However, on April 21, the Peshawar High Court’s (PHC) special division bench comprising Chief Justice Ejaz Afzal Khan and Justice Dost Mohammad Khan said that arrested persons charged under the Anti-Terrorism (Amendment) Ordinance 2009 could file writ petitions under Article 1999 with the superior courts for release on bail.

Disapproving the decision, PHC lawyer and Peshawar High Court Bar Association (PHCBA) Secretary General, Ameenur Rehman, said the ordinance was aimed at stopping the release of terror suspects from courts on bail.

He said dozens of terror suspects had been released on bail by the PHC and anti-terrorism courts after the public prosecution and state lawyers had failed to prove charges against them. (ANI)

Pak court directs agencies to free two ‘juvenile’ Indian fishermen

Karachi, Apr.22 (ANI): A Karachi Judicial Magistrate has directed the concerned authorities to release the two young Indian fishermen, who were arrested for violating Pakistan’s water limits in December last year.

The local court has directed the Sindh Home Department to send back both the fishermen to their home country, as they have already completed their four months sentence in the juvenile prison, The Daily Times reports.

It may be noted that a Pakistani non-government organisation (NGO) had moved a petition in the Sindh High Court (SHC) for the release of the Indian fishermen.

On April 13, SHC Chief Justice Sarmad Jalal Osmany had ordered to close the cases against the boys within two weeks and report to the court on April 22.

India and Pakistan frequently arrest each other’s fishermen over violation of the maritime boundary, and hundreds of them are swapped regularly.

According to statistics, over 100 Pakistani fishermen are languishing in Indian jails while over 600 Indian fishermen are in Pakistani prisons.

Some believe that it is the rare and expensive fish like ‘Lal Pari’, which lures Indian fishermen to sail near Pakistani waters.

The fish is found near Sir Creek, at the mouth of the Indus River.

The “Lal Pari” offers handsome profit to the fishermen and a large quantity of these species are exported to European countries. (ANI)

Pak court directs agencies to free two ‘juvenile’ Indian fishermen

Karachi, Apr.22 (ANI): A Karachi Judicial Magistrate has directed the concerned authorities to release the two young Indian fishermen, who were arrested for violating Pakistan’s water limits in December last year.

The local court has directed the Sindh Home Department to send back both the fishermen to their home country, as they have already completed their four months sentence in the juvenile prison, The Daily Times reports.

It may be noted that a Pakistani non-government organisation (NGO) had moved a petition in the Sindh High Court (SHC) for the release of the Indian fishermen.

On April 13, SHC Chief Justice Sarmad Jalal Osmany had ordered to close the cases against the boys within two weeks and report to the court on April 22.

India and Pakistan frequently arrest each other’s fishermen over violation of the maritime boundary, and hundreds of them are swapped regularly.

According to statistics, over 100 Pakistani fishermen are languishing in Indian jails while over 600 Indian fishermen are in Pakistani prisons.

Some believe that it is the rare and expensive fish like ‘Lal Pari’, which lures Indian fishermen to sail near Pakistani waters.

The fish is found near Sir Creek, at the mouth of the Indus River.

The “Lal Pari” offers handsome profit to the fishermen and a large quantity of these species are exported to European countries. (ANI)

Ryder death: accused men could plea by Friday

The Northern Territory Chief Justice says he is willing to hold a weekend sitting of the Supreme Court to hear the pleas of five men accused of a murder in Alice Springs.

Anton Kloeden, Glen Swain, Scott Doody, Joshua Spears and Timothy Hird are all charged with the murder of a 33-year old Aboriginal man now known as Kwementyere Ryder.

His body was found near the Todd River in Alice Springs in July last year.

The Crown has offered all five men the option to enter pleas to the alternative charge of manslaughter.

Lawyers for the accused told the Supreme Court they could be ready to proceed to a plea on Friday.

The Chief Justice Brian Martin has urged the lawyers to come to an agreement on the facts by Friday.

He says he is also willing to sit on Saturday to have the pleas heard because there are no other free court dates until July.

Moves to streamline bushfire compo hearing

Lawyers for the ACT Government are seeking changes to the direction of a compensation hearing into the 2003 Canberra bushfires.

The hearing in the ACT Supreme Court is in its 19th day and will determine whether NSW or Territory authorities are liable for about $75 milion in damages.

The ACT Government’s senior defence counsel, Peter Garling SC, has tendered seven pages of suggested common questions for the 127 plaintiffs to Chief Justice Terence Higgins.

The questions are expected to be debated in court today.

Some legal experts suggest the debate over these topics could shorten the hearing.

But emergency law researcher Michael Eburn from the University of New England disagrees.

“Between the parties there will be an agreed set of questions that the judge will have to consider and that will allow everyone to focus their evidence, focus their submissions,” he said.

“What his honour is going to have to do is hear all the evidence and then answer these questions because everyone will have agreed these are the issues [he has] to deal with,” he said.

“When we know what evidence to call to address those issues, we know what submissions to make to address those issues.”

The questions deal with negligence, breach of statutory duty and statutory defence.