Professional & Knowledgable Law Team

Wednesday, October 5, 2011

U.S. hospital bans 'third-hand smoke'


Smokers beware: The crusade that’s seen you forced from bars, restaurants, patios and parks is being ratcheted up another notch.
A hospital in Alexandria, Louisiana, has told employees that it’s cracking down even further on smoking and its deadly health consequences by trying to stamp out third-hand smoke.
Third-hand smoke is the term given to toxins that linger on people’s clothing and other fabric after they’ve had a cigarette. Those toxins are especially dangerous for the developing brains of small children, health officials contend.
The Town Talk website reported this week that the Christus St. Frances Cabrini Hospital has notified all employees that, beginning next summer, they won’t be allowed to work if their clothes smell like smoke. The policy extends a rule that’s been in place for two years for people who work in areas dedicated to women and children.
"It's really a combination of push from our patients and from our associates who do not smoke and don't appreciate working with the smoke smell," Lisa Lauve, administrator of Christus St. Frances Cabrini Hospital, told the news site.
“If you are in a room or car where people usually smoke, even if they aren't smoking right then, you are exposed to third-hand smoke,” explains an advisory on the Canadian Lung Association’s website.
“This means you are exposed to toxic chemicals like lead and arsenic,” it says.
“Third-hand smoke also gets into household dust, which babies swallow when they put their hands in their mouths. Babies take in more third-hand smoke chemicals because they breathe more quickly and because they spend more time on the floor. Babies can take in 20 times more third-hand smoke than adults.”

Spa operator accused of sexual assault in Ottawa


An attempt to save a few dollars by accepting a free massage from a stranger on Facebook ended instead with a spa owner trying to perform oral sex, a man testified in Ottawa court Monday.
The 29-year-old said he had gone to Elee Salon and Spa on Bank Street on the evening of Nov. 19, 2008, after chatting online with Elias Elhitti. The man testified he had no idea who Elhitti was before a message landed in his Facebook account, but took him up on the offer because massages were expensive and Elhitti told him he needed practice hours to qualify as a certified therapist.
The man, who said he covered himself with a sheet, said Elhitti had first massaged his back, then he flipped over onto his back. Elhitti then began massaging his chest, shoulders and neck after fitting him with a bed mask and complimenting him on his body, he said.
The man testified Elhitti then brushed against his penis while massaging his right leg.
About 30 seconds later, he felt a moist "sensation" that he believed to be Elhitti's mouth on his p????.
The man said he "popped up" from the table and confronted Elhitti, who apologized profusely, according to the man.
The man said he stormed out of the spa, which burned down about two months after Elhitti was charged. Elhitti, 41, has pleaded not guilty to sexual assault.
The man called police right away, but didn't tell them about the oral sex until nearly two weeks later.
Elhitti's lawyer, Michael Smith, suggested Elhitti told the man he had only invited him to the spa as a prank to find out if he was gay, but never gave him a massage. Smith suggested that the remark made the man angry, leading him to call Elhitti names and threaten to "make him pay."
When Elhitti threatened to call police, the man said he'd call the police.
The man denied the allegations.
The man has since filed a nearly million-dollar lawsuit against Elhitti.
The trial continues.

Another blot on khaki

Police Complaint Authority recommends action against two cops

Chandigarh, October 4
In yet another embarrassment for the Chandigarh Police, the Police Complaint Authority (PCA) has recommended that Mani Majra police station SHO Rajesh Kumar Shukla and sub-inspector (SI) Harish Chander be immediately shifted to the Police Lines for a year and be ‘censured’.
A complaint had been filed with the PCA by Jaspal Singh that the SHO had delayed taking action on court orders for approximately 176 days and had favoured the accused in a case of cheating.
Jaspal had pointed out that a court passed orders on September 20 the previous year, directing the SHO to lodge an FIR against Duni Chand and Sham Rani for having cheated Jaspal in the case of sale of their house.
Jaspal had stated that an FIR was finally registered on March 25 this year, but the SHO and the SI, who was the investigating officer, had again favoured the accused by not arresting them and helping them get anticipatory bail.
Jaspal had added that the cops concerned failed to complete the inquiry within 15 days and failed to prepare a report even 194 days after the registration of the FIR.
The PCA passed an order for immediate action by the Inspector-General of Police against the police officials.
Four days back, the PCA recommended the suspension of and a subsequent departmental inquiry against Shukla for illegally detaining a woman at the police station for a night.

CYBER FRAUD


High Court directive to Centre, RBI 
Chandigarh, October 4Acting on a petition filed in public interest against companies allegedly involved in large-scale cyber fraud through online investments, the Punjab and Haryana High Court today directed the Centre and the Reserve Bank of India to take action for stopping deceitful practices. The steps could include seizing the bank accounts opened by the companies.
The Division Bench of Acting Chief Justice MM Kumar and Justice RN Raina directed the Union ministries concerned and the RBI: “To proceed with any action in order to stop the fraudulent practices, which are being perpetrated by various companies based in India and abroad.”
The Bench added the authorities “may take steps including the seizing of bank accounts which have been opened by those companies in various banks in order to siphon off funds of gullible public.”
The direction came on a petition filed by a Zirakpur resident Nardeep Saini and 29 other petitioners from the States of Punjab, Haryana and UT. The Bench directed the State to file its reply before November 8.
The petitioners had earlier alleged that three companies had fleeced a large number of innocent persons to the tune of Rs 1,500 crore.
The petitioners had contended that a large number of Indians were lured in the online investment scheme with assured results of doubling the amount within 10 months.

Legal Aid Clinic for weaker lot


Patiala, October 4
With a view to provide free legal aid to poor, marginalised and weaker sections of the society, Rajiv Gandhi National University of Law, Patiala, has established a Legal Aid Clinic.

The clinic will help in spreading awareness regarding various legal issues and helping people in initiating future course of action.
Talking to The Tribune, Prof (Dr) GIS Sandhu, Registrar of the RGNUL, said there was ignorance about law and their rights and duties in the marginalised and weaker sections which needs to be cured at domestic level.
"This clinic has been established in order to give effect to the policy and directions of the National Legal Services Authority and to provide free legal aid to needy persons by awakening them, particularly illiterates living in remote backward areas of Punjab, about their legal rights and duties. Also, it will apprise them of different social welfare activities sponsored by the state and central government with ways and means to avail such facilities," he added.
He further informed that the cell would provide legal services, including assistance in drafting notices, replies, applications and petitions, monitoring the follow up actions in matters in which legal assistance had been provided, encouraging amicable settlement of disputes. It would also promote setting up of legal aid clinic in distant villages, Sandhu added.
AIMS OF THE CLINICn Provide free legal aid to needy personsn Awaken the illiterate and rural residents about their legal rights and dutiesn Apprise the people of social welfare activities sponsored by the governmentn Assistance in drafting notices, replies, applications and petitionsn Encouraging amicable settlement of disputes

CYBER FRAUD


High Court directive to Centre, RBI 
Chandigarh, October 4Acting on a petition filed in public interest against companies allegedly involved in large-scale cyber fraud through online investments, the Punjab and Haryana High Court today directed the Centre and the Reserve Bank of India to take action for stopping deceitful practices. The steps could include seizing the bank accounts opened by the companies.
The Division Bench of Acting Chief Justice MM Kumar and Justice RN Raina directed the Union ministries concerned and the RBI: “To proceed with any action in order to stop the fraudulent practices, which are being perpetrated by various companies based in India and abroad.”
The Bench added the authorities “may take steps including the seizing of bank accounts which have been opened by those companies in various banks in order to siphon off funds of gullible public.”
The direction came on a petition filed by a Zirakpur resident Nardeep Saini and 29 other petitioners from the States of Punjab, Haryana and UT. The Bench directed the State to file its reply before November 8.
The petitioners had earlier alleged that three companies had fleeced a large number of innocent persons to the tune of Rs 1,500 crore.
The petitioners had contended that a large number of Indians were lured in the online investment scheme with assured results of doubling the amount within 10 months.

Former Addl Advocate-Gen’s book finds place in UK library


Chandigarh, October 4
Former Additional Advocate-General of Punjab Harpreet Sandhu’s book, Indo-European Legal System- A Comparative Study, has been placed in the Trinity Hall, Cambridge University library, as a valuable edition.

The book is based on both his personal experience of visiting the courts in Europe during the previous two years and subsequent studies, comparing the legal system of the two countries.
Sandhu was initially invited by the Swiss Federal Supreme Court at Lausanne for release of the first edition of the book on June 30.
On July 4, the book was launched and presented at the Supreme Court, Cour de Cassation, Paris, France.
The book was also presented at the UIA Head Quarters in Paris. It was then launched by Jenny Rowe, Chief Executive, United Kingdom Supreme Court at England. It was also presented to the Member of Parliament for Ealing, at the House of Commons, London.

3 booked in yet another passport scam in Moga

Travel agent already facing similar cases among the accused

Moga, October 4
In what reminds of the infamous passport scam that came to light in 2008, another such illegal practice of making passports on fake addresses has come to light in the district.

The scam involves a travel agent who is already facing charges of forging documents for preparing passports by fraudulent means.
The police has registered a criminal case under sections 420, 465, 467, 468, 471 and 120-B of the IPC and section 12 of the Passport Act, 1967, against Manjit Singh, the travel agent, Ranjit Singh Gehotra and Gurtej Singh. The trio was at large.
ASI Gurpal Singh, who is investigating the case, said the scam was detected by the Regional Passport Officer, Chandigarh, during verification of documents. The Regional Passport Officer lodged a complaint with local SSP Sneh Deep Sharma who ordered an inquiry to Baghapurana DSP, following which the case was registered.
During the inquiry, the police found that Ranjit Singh had, in 2010, given a fake address of Bhekha village with the help of Gurtej Singh to apply for a passport. The travel agent allegedly forged the documents.
On September 30, in a similar fraud, an FIR was registered in the police station (rural) against two persons for making passport on forged documents.
It may be mentioned that over 300 persons, including NRIs, cops, officials of the passport office and travel agents, were already facing charges in the infamous Moga passport scam that rocked the nation in 2008. Three policemen, Jaswinder Singh, Ranjit Singh and Gurdial Singh; Ranjit Singh, an employee of the Municipal Council; Om Prakash, a postman and Didar Singh, former employee of the RPO, Chandigarh, were the kingpin of the scam.
Many subsequent FIRs had also been registered in the scam, besides the main case. Over 100 people had been arrested so far and lookout certificates issued against 300 NRIs who made fake passports to go abroad. This case is pending for trial before the Faridkot district and sessions court.
The modus operandi was that the police employees posted between the years 1995 to 2008 in the passport branch here prepared fake documents of police verifications and then by manipulating with the travel agents or employees of the RPO office tampered with the original forms.

India, Afghanistan establish strategic partnership

War-torn nation to get assistance in capacity building programmes

New Delhi, September 4
In what is bound to irk Pakistan, India and Afghanistan today entered into a strategic partnership under which India will, among other things, assist the war-ravaged nation in training, equipping and capacity building programmes for Afghan National Security Forces.
Key agreements An MoU on cooperation in the field mineral resource development concluded. The two sides will engage in close political cooperation India to assist in training, equipping and capacity building programmes for Afghan security forces Both nations committed to strengthening trade, economic, scientific and technological cooperation

The landmark agreement was signed by Prime Minister Manmohan Singh and Afghan President Hamid Karzai late this evening after their wide ranging discussions on the situation in the embattled nation and how India could strengthen its capacity building programmes in that country.
The two countries also concluded an MoU on cooperation in the field of development of hydrocarbons and another on cooperation in the field of mineral resource development.
Karzai's visit had been planned for months, but it finally took place at a time when his country is getting increasingly frustrated with Pakistan. Many senior officials accuse Pakistan's ISI of masterminding the assassination last month of Burhanuddin Rabbani, Afghanistan’s chief peace negotiator with the Taliban. Karzai himself has said there was a Pakistani link to the killing.
Though he was quite careful not to mention Pakistan by name on the Indian soil while addressing the media with the Indian PM, Karzai did take Islamabad to task for continuing to foment trouble in his country. “Radicalism is being used as an instrument of state policy against citizens’’ of Afghanistan, he said.
Prime Minister Singh, in his brief remarks, said India and Afghanistan were committed to combat terrorism in all its forms and manifestations. “The people of Afghanistan have suffered enough…they should be allowed to decide their own destiny without outside interference, coercion or intimidation.’’ Wary of Pakistan which has been vehemently opposed to India’s involvement in Afghanistan’s development programme, Indian officials have always said they want to focus on what they like to call "soft power" — economic aid and trade.
In the past, India has trained a small number of officers from the Afghan National Army but avoided getting involved in security operations. The strategic partnership accord will certainly annoy Islamabad, which has stepped up its attempts to control the future dispensation in Kabul after the withdrawal of the US-led NATO forces by 2014.
Under the agreement, the two sides will engage in close political cooperation by establishing a mechanism for regular bilateral political and Foreign Office Consultations. Political consultations will be led by the Foreign Ministries of both countries and include summit level consultations convened at least once a year.
The two sides will also consult and cooperate at the United Nations and other international, regional and multilateral fora. India and Afghanistan also agreed to establish a Strategic Dialogue to provide a framework for cooperation in the area of national security. The dialogue will be led by National Security Advisers (NSAs) and involve regular consultations with the aim of intensifying mutual efforts towards strengthening regional peace and security.
Security cooperation between the sides was intended to help enhance their respective and mutual efforts in the fight against international terrorism, organised crime, illegal trafficking in narcotics, money laundering and so on, the text of the strategic partnership document said. India agreed to assist, as mutually determined, in the training, equipping and capacity building programmes for Afghan National Security Forces.
The two countries committed themselves to strengthening trade, economic, scientific and technological cooperation, as well as cooperation between other bodies of business and industry representatives, with a view to expanding trade and economic relations. 

Lokpal: Hazare puts Congress on notice

Tells party to pass his version of the Bill or he will campaign against it in the poll-bound states  

Ralegan Siddhi, October 4
Putting the Congress on notice on the Lokpal issue, Anna Hazare today said he will ask people to inflict a “comprehensive” defeat to the ruling party in the five election-bound states if the Centre fails to pass the Jan Lokpal Bill in the winter session of Parliament.

To begin with, Hazare said, he will appeal to voters in Hisar Lok Sabha constituency in Haryana where bypolls are scheduled on October 13 not to vote for the Congress candidate as the party was “deliberately” not bringing the Jan Lokpal Bill.
“We are not going to tell the voters whom they should vote for. If the Bill is not passed in the winter session, we will ask people to vote for any party except the Congress and choose a candidate who is clean and with a good character,” Hazare told a press conference in his native village, 50 km from Pune.
The activist also announced that he would undertake a four-day fast in Lucknow, three days before the UP Assembly elections commence.
Making it clear that his opposition to the Congress was limited to the issue of Jan Lokpal Bill, Hazare, who was flanked by his key team-member Arvind Kejriwal, said that if the Bill was passed, he would still go ahead with his campaign asking people to elect people with integrity.
He said preparations were underway for his nation-wide tour, which is likely to start from October 15, and he had advised his team to arrange his rallies in constituencies, where the Congress had won the last Assembly elections in UP. Hazare, who had withdrawn his 12-day hunger strike in Ramlila Maidan on August 28 following assurances from the Centre that three of his main demands would be considered, made it clear that his agitation would be intensified across the country in the coming months.
Noting that the Parliamentary Standing committee was supposed to conclude its deliberations on the Lokpal Bill by October end, Hazare said, “If the Bill is not passed in the winter session, it would amount to yet another betrayal of nation by the Congress.”
Describing the Hisar bypoll as the “first step” of his campaign, Hazare said, if the Congress failed to give a written commitment to the passing of the Bill, as other parties have done, before Dasehra, he would urge the electorate not to vote for the Congress. He said he has got letters from BJP chief Nitin Gadkari and others supporting Jan Lokpal Bill but none from Congress. The activist said he will wait for two days for the letter from Congress and will start his campaign against them if the party fails to do so. The Gandhian sought a clarification from the PM Manmohan Singh on allegations in 2G Spectrum case. He said the PM should come clean on his alleged role therein. — PTI 

Bill in winter session: Khursheed
As Anna Hazare threatened to campaign against the Congress, Union Law Minister Salman Khursheed on Tuesday said the anti-graft Bill will be introduced in the winter session. “Every citizen is free to vote for anybody. The Congress will only do its work, perform its duties and will then go back to people when the duty is performed,” he said.
Hisar to be first step
Hazare said he would appeal to voters in the Hisar Lok Sabha constituency, where a bypoll is scheduled on October 13, not to vote for the Congress if the party failed to give a written commitment before Dasehra to pass the Bill. Hazare said he would try to visit Hisar in the coming days but if he cannot do so, he will send a video message to the people.

Right to property is a human right: Supreme Court


New Delhi, October 4
Widening the scope of human rights, the Supreme Court has ruled that people’s right to own property fell very much within the domain of human rights. 
Pointing out that human rights were “gaining a multi-faceted dimension,” a Bench comprising Justices Dalveer Bhandari and Deepak Verma observed that these rights had already covered the “individual rights such as right to health, right to livelihood, right to shelter and employment etc.”
“Right to property is also considered very much a part of the new dimension now,” the Bench held in a verdict that questioned the rationale behind the law on adverse possession under which any person in illegal occupation of a property for 12 years could claim legal ownership of it. Providing yet another new dimension to human rights, the SC opined that “even claim of adverse possession has to be read in that context.” This clearly implied that depriving an individual of his property amounted to violation of his human rights.