Sarpanch’s death: SC rejects Haryana MLA’s bail plea

New Delhi/Chandigarh, September 19
The Supreme Court today rejected the anticipatory bail plea of Haryana’s former Transport Minister Om Prakash Jain and directed him to surrender before the CBI court by September 23 in a case involving the death of a sarpanch.

Jain along with MLA Zile Ram Sharma is accused of abetting suicide of Karam Singh, sarpanch of Kambopura village in Karnal, on June 7, 2011. The order was passed by a three-member Bench headed by Justice HL Dattu. Jain had moved the apex court seeking protection against arrest by the CBI. Karam Singh was found dead a day after he lodged a complaint against Jain and Sharma for allegedly duping him of Rs 13 lakh on the promise of securing jobs.

A week later, the police recovered the body of Chamel Singh, a key witness in the case, under mysterious circumstances near the Karnal police station.

On August 13, the CBI court in Panchkula issued summons to Jain and Sharma directing them to appear in court on August 29. The CBI has already filed a charge-sheet in the case and sought permission to conduct a polygraph test on the two. The CBI had raided their premises at Panipat, Karnal, Chandigarh and Panchkula before seeking to question them. The Punjab and Haryana High Court had handed over the case to the CBI on the plea of Karam Singh’s son Rajinder Singh.

The two MLAs have contended that their arrest was not required in the case as the CBI had already filed the charge-sheet. The orders come less than a week after the high court asked the two MLAs to appear before the Panchkula special CBI court, while dismissing their anticipatory bail petitions.

The two had moved the high court against the rejection of their anticipatory bail plea and issuance of non-bailable warrants by the CBI special court.

Challenging the order, Sharma’s counsel had contended that the accused had been cooperating with the investigating agency.

In its charge-sheet filed on August 8, the CBI had maintained it was a case of suicide and accused Jain, Sharma and Jain’s personal assistant of abetting suicide. The three were charged by the agency under Section 306 (abetment to suicide) of the IPC. Jain was one of the seven Independent MLAs who aided the Congress in forming the government in Haryana in 2009. 

CJI defends collegium system for appointing judges to SC, HCs

New Delhi, September 14
Chief Justice of India P Sathasivam on Saturday defended the collegium system of appointment of judges in the higher judiciary, but said it is the prerogative of the Centre to bring in a Bill to change it.
"Now, as the CJI, I am not going into the contents of the Bill and how it was passed, as it is the prerogative of the government and it is for the people to accept it or not. It is too early for me to say anything on the Judicial Appointment Commission or Committee," Justice Sathasivan said while inaugurating a seminar on rule of law.
His remarks came after Bar Association of India president Anil Divan raised questions on the way the Centre brought the Bill "without" taking members of the judicial fraternity into confidence and "rushed" it through the Rajya Sabha. He said they did not receive a response from the Law Minister to a letter by the country’s top jurists (dated April 17) seeking a draft copy of the Bill.
The CJI said the government and its agencies have a say in the present collegium system and their views were also taken into consideration for the appointment of judges. He said no name is finalised until it gets clearance from the Law Minister, the Prime Minister and the President and in the whole mechanism, inputs from the Intelligence bureau, respective high courts and eminent people such as sons of the soil, are taken into consideration. He said judicial function is universally recognised as distinct and separate in the system of government and is the "very heart" of the republic and the "bulwark" of democracy.
He said judicial accountability is fostered through the process of selection, discipline and removal found in the Constitution.
Stressing the need for an independent judiciary, he said, without it, there is a little hope for the rule of law.
"The need for judicial independence is for the people," he said.

What he said: No name is finalised until it gets clearance from the Law Minister, the Prime Minister and the President and in the whole mechanism, inputs from the Intelligence bureau, respective high courts and eminent people such as sons of the soil, are taken into consideration
Although both judicial independence and judicial accountability are vital for maintaining the rule of law, they are sometimes projected as conflicting phenomenon. Judicial accountability has become an indispensable counterbalance to judicial independence.
P Sathasivam, chief justice of india

Ex-royal’s daughters get Rs 260b relief from court

Chandigarh: It is a royal bonanza for two daughters of a former maharaja, one they had to wait for over two decades.

A court here has declared a 32-year-old will “forged” and illegal” and granted inheritance of properties and assets worth a whopping Rs260 billion (Dh16 billion) to the two daughters of the erstwhile Maharaja of Faridkot, Harinder Singh Brar.

The properties and assets include the palatial Faridkot House on New Delhi’s Copernicus Marg, a royal palace complex and a fort in Faridkot, a fort in Mani Majra area of Chandigarh, vintage cars (including a Rolls Royce), an aerodrome in Faridkot spread over 200 acres, properties in Hyderabad and Delhi, gold and jewellery worth nearly Rs10 billion with Standard Chartered Bank in Mumbai and more.

Real estate experts and accountants put the total worth of the properties and assets at over Rs260 billion. The Mani Majra fort, which is over 350 years old, is not in very good condition. The erstwhile ruler was allowed to keep these properties after the country’s independence in August 1947.

The legal battle for the assets started in 1992 after the ex-maharaja’s daughter Amrit Kaur filed a case in a court here. Following a 21-year-old legal battle, the court of the chief judicial magistrate Rajnish Kumar, ordered on Thursday that the 1981 will, purportedly drawn up by the maharaja, was “forged and fabricated”.

With the court judgment, Amrit Kaur and her Kolkata-based sister Deepinder Kaur will inherit the properties and assets of the erstwhile ruler. Their third sister, Maheepinder Kaur, who was not married, died under mysterious circumstances in Shimla in 2001.

Brar had three daughters and a son, Harmohinder Singh, who died in a road accident in 1981. Following this, Brar went into a depression.

In her suit, Amrit Kaur, who lives in Sector 10 here, alleged that the will was forged by officials and servants of the ex-ruler at a time when he was depressed. The will, which gave all his properties and assets to the Meharwal Khewaji Trust, was registered in 1982. The trust had some of his servants on board, while his two daughters were appointed chairperson and vice-chairperson for a mere Rs1,200 and Rs1,000 per month.

Following the death of the erstwhile ruler in 1989, the trustees took control of all the properties and assets.

Amrit Kaur challenged the will, saying that the trust members had forced her father to sign it at a time when he was depressed. She had claimed that he was not in a “fit state of mind” when the will was drawn up. She pointed out that the will had completely excluded his wife, Narinder Kaur, and mother, Mohinder Kaur, who were alive in 1981-82.

Following the court order declaring the will “illegal and void”, the trustees are likely to appeal to a higher court.

ਧੋਖੇਬਾਜ਼ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ 'ਤੇ ਸਖਤ ਪੰਜਾਬ ਸਰਕਾਰ

ਚੰਡੀਗੜ੍ਹ- ਪੰਜਾਬ ਵਿਚ ਵਿਆਹ ਦੇ ਨਾਂ 'ਤੇ ਹੋਣ ਵਾਲੀ ਧੋਖਾਧੜੀ 'ਤੇ ਨੱਥ ਪਾਉਣ ਲਈ ਸਰਕਾਰ ਨੇ ਵਿਆਹ ਦੀ ਰਜਿਸਟ੍ਰੇਸ਼ਨ ਜ਼ਰੂਰੀ ਕਰ ਦਿੱਤੀ ਹੈ। ਪੰਜਾਬ ਕੈਬਨਿਟ ਦੀ ਸ਼ਨੀਵਾਰ ਨੂੰ ਹੋਈ ਇਕ ਬੈਠਕ ਵਿਚ ਇਹ ਫੈਸਲਾ ਲਿਆ ਗਿਆ ਹੈ। ਸਿਹਤ ਮੰਤਰੀ ਮਦਨ ਮੋਹਨ ਮਿੱਤਲ ਨੇ ਕੈਬਨਿਟ ਦੇ ਇਸ ਫੈਸਲੇ ਬਾਰੇ ਜਾਣਕਾਰੀ ਦਿੰਦਿਆਂ ਦੱਸਿਆ ਕਿ ਇਸ ਫੈਸਲੇ ਨਾਲ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ ਹੱਥੋਂ ਧੋਖੇ ਦਾ ਸ਼ਿਕਾਰ ਹੋਣ ਵਾਲੀਆਂ ਪੰਜਾਬ ਦੀਆਂ ਕੁੜੀਆਂ ਨੂੰ ਰਾਹਤ ਮਿਲੇਗੀ।
ਇਸ ਦੇ ਨਾਲ ਹੀ ਪੰਜਾਬ ਸਰਕਾਰ ਨੇ ਟ੍ਰੈਵਲ ਏਜੰਟਾਂ 'ਤੇ ਨੱਥ ਪਾਉਣ ਲਈ ਵੀ ਕੈਬਨਿਟ ਦੀ ਮੀਟਿੰਗ ਵਿਚ ਅਹਿਮ ਫੈਸਲੇ ਲਏ ਹਨ। ਹੁਣ ਪੰਜਾਬ ਦੇ ਸਾਰੇ ਟ੍ਰੈਵਲ ਏਜੰਟਾਂ ਨੂੰ ਸਰਕਾਰ ਦੇ ਕੋਲੋਂ ਰਜਿਸਟ੍ਰੇਸ਼ਨ ਕਰਵਾਉਣੀ ਪਵੇਗੀ ਜਿਸ ਨਾਲ ਵਿਦੇਸ਼ ਭੇਜਣ ਦੇ ਨਾਂ 'ਤੇ ਹੋਣ ਵਾਲੀ ਧੋਖਾਧੜੀ ਦੀ ਗੁੰਜਾਇਸ਼ ਘੱਟ ਜਾਵੇਗੀ।
ਜ਼ਿਕਰਯੋਗ ਹੈ ਕਿ ਪੰਜਾਬ ਦੀਆਂ ਹਜ਼ਾਰਾਂ ਲੜਕੀਆਂ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ ਹੱਥੋਂ ਧੋਖੇ ਦਾ ਸ਼ਿਕਾਰ ਹੋ ਚੁੱਕੀਆਂ ਹਨ। ਇਨ੍ਹਾਂ ਲਾੜਿਆਂ ਦੀ ਧੋਖਾਧੜੀ 'ਤੇ ਕਾਬੂ ਪਾਉਣ ਲਈ ਜਲੰਧਰ ਦੇ ਪਾਸਪੋਰਟ ਦਫਤਰ ਵਲੋਂ ਧੋਖੇਬਾਜ਼ ਐਨ. ਆਰ. ਆਈ. ਲਾੜਿਆਂ ਦੇ ਪਾਸਪੋਰਟ ਰੱਦ ਕਰਨ ਦੀ ਮੁਹਿੰਮ ਵੀ ਸ਼ੁਰੂ ਕੀਤੀ ਗਈ ਸੀ। ਇਸ ਮੁਹਿੰਮ ਤਹਿਤ ਕਈ ਧੋਖੇਬਾਜ਼ ਲਾੜਿਆਂ ਦੇ ਪਾਸਪੋਰਟ ਰੱਦ ਵੀ ਹੋਏ ਹਨ। ਪੰਜਾਬ ਸਰਕਾਰ ਦੇ ਇਸ ਨਵੇਂ ਕਾਨੂੰਨ ਨਾਲ ਧੋਖੇਬਾਜ਼ ਲਾੜਿਆਂ 'ਤੇ ਠੱਲ੍ਹ ਪੈਣ ਦੀ ਉਮੀਦ ਕੀਤੀ ਜਾ ਰਹੀ ਹੈ।

Emirates Airline fined Rs 56,000 for losing baggage

Emirates Airline has been directed by a consumer forum to pay Rs 56,000 to a passenger for loss of one of her bags while she was travelling from London to Delhi via Dubai.

The New Delhi District Consumer Disputes Redressal Forum, while holding the airline liable to pay compensation for the "harassment and inconvenience" caused to the passenger, said according to the law, valuables such as jewellery should not be kept in 'checked-in' luggage.

"The compensation is awarded on grounds of mental agony, harassment, loss, inconvenience and deficiency in service. It is to be noted that law does not permit keeping the valuables like jewellery or cash in the 'checked-in' baggage. We are not inclined to include cash and jewellery in awarding compensation for shock and mental agony due to loss of baggage and consequent harassment," the bench presided by C K Chaturvedi said.

The forum directed Emirates to pay Rs 40,000, including litigation costs, to Chandigarh resident Rajinder Kaur, along with US $280 (Rs 16,000) which the airline had offered her under the Carriage by Air Act on the basis of the weight of the lost bag.

Kaur said she had boarded the Emirates flight from London to Delhi via Dubai and when she had arrived at Dubai, she found that one of her three bags was missing.

She had filed a property irregularity report and despite assurances from the airline that her luggage would be delivered at her residence, Emirates could not locate the bag. In its defence, Emirates had contended that its liability was limited according to the Act and under that law, it had offered Kaur US $280, but she refused.

The forum said the Act does not cover harassment caused to a passenger.

Avtar Henry’s citizenship issue: Notice issued to Centre on PIL

Chandigarh, April 8
The Punjab and Haryana High Court today issued a notice to the Union Home Ministry on a PIL filed by Jalandhar-based RTI activist Ajay Seghal for becoming party to the revision petition filed by former minister Avtar Henry against the termination of his Indian citizenship. Sehgal had brought Avtar Henry’s citizenship issue under the judicial scanner.

Taking up the matter, Justice RN Raina issued a notice to Union Home Secretary and to Avtar Henry for April 23.

Directing Jalandhar Commissioner of Police to examine the complaint against Punjab's former minister regarding his citizenship, the High Court in December last year had made it clear that an FIR would have to be registered in case the allegations were prima facie found to be true.

The Bench of Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain had directed the Commissioner to examine the complaint dated September 27, 2012, filed by Sehgal and to order registration of an FIR against him, if a prima facie case was found to have been made out, within two months.

Sehgal, through advocate HC Arora, had stated that Avtar Henry acquired the British citizenship in 1969 under the name of Avtar Singh. He came to India on the British passport the same year and obtained an Indian passport, which was renewed from time to time. He also registered himself as a voter in the Jalandhar (North) constituency and contested the elections in 1986, 1992, 1997, 2002, 2007 and 2012.

Death-row convicts' kin should be informed in advance: Chief Justice of India

NEW DELHI: Amid the controversy over the hanging of Afzal Guru, Chief Justice of India (CJI) Altamas Kabir today said the families of death row convicts should be informed in advance about their execution.

However, he sought to play down the controversy on the issue saying the past incidents should not be raked up again.

"Procedure as has been in the past, they should have been informed and as far as I know, steps were taken to inform them," the CJI said in response to a question about keeping families of death row convicts informed in time about their execution.

The CJI's remarks came against the backdrop of the family of Guru, a Parliament attack convict, not being informed about his hanging in due time.

The communication regarding the rejection of Guru's mercy plea and his subsequent execution had reached his relatives two days after he was hanged on February 9.

The CJI along with law minister Ashwani Kumar was addressing a joint press conference after the conclusion of a conference of Chief Ministers and Chief Justices of high courts here.

"The law minister has rightly said these are the issues which have already taken place in the past and I think these things should not be raked up again today. But yes, the principle has always been that the family members were told about when the things would happen," Justice Kabir said.

However, Kumar preferred not to be dragged into the controversy and said, "I do not think that my personal opinion matters...as a law minister, I will rather comment on things that will happen in future not what has happened in the past. These are matters which are very subjective. I would rather not comment."

Further, he said the issue of mercy petitions is pending before the apex court and he would not like to comment on sub-judice matter.

"Postmortems can be unending. I am not going to comment on what were or were not the shortcomings. As far as the present batch of petitions are concerned that matter is before the Supreme Court. It is sub-judice. I will certainly not comment on that," he said.

The law minister was specifically asked whether Guru's family should also have been given an opportunity to approach court for stay of his execution.

He also said he cannot speak about delays in deciding the mercy petitions in the past but "there should not be delay in disposing the mercy petitions."

However, Justice Kabir, without going into the debate over delays, said, "If a death penalty were to be awarded and it is there under the system then the quicker things are done the better it is for everybody."

The comments by Justice Kabir and Kumar also came against the backdrop of rejection of mercy petitions of slain forest brigand Veerappan's four associates and the Supreme Court staying their hanging and also the apex court staying the execution of eight death row prisoners last evening.