No crime to rape wife in India under sex assault bill

NEW DELHI: The sexual assault bill introduced in Parliament, just 12 days before the Delhi gang rape, is out of sync with the spirit of zero-tolerance displayed by the protests at Raisina Hill and elsewhere. For, even as it tweaked the existing provisions in the Indian Penal Code(IPC), the bill retains the patriarchal mindset of the law enacted in 1860. While over 100 countries have criminalized marital rape, the bill shows India in a poor light as it perpetuates the notion that a man is entitled to rape his wife. 

Rather than outlawing non-consensual sex in all circumstances, the bill is content to make incremental reforms to the clauses allowingmarital rape (Sections 375 and 376 IPC). In the anachronistic outlook of IPC, marital rape is committed only when the wife is below 15. The bill improves on this by increasing the cut-off age for marital rape by one year. 

The saving grace is that, although it forbids marital rape only in the aggravated circumstance in which the wife is below 16, the bill is unsparing when it comes to laying down the quantum of punishment. It proposes imprisonment from seven years to a life sentence for husbands raping wives below 16. This is an improvement on the existing clause under which a man raping his wife aged between 12 and 15 is liable to a term of no more than two years. 

Another significant reform relates to the indefinite period between a judicial separation and a divorce. From the existing penalty of two years, the bill has raised the prison term to seven years for somebody who has raped his wife after they had been judicially separated. 

The bill has also increased penalties for molestation (from two years to five years) and sexual harassment or eve-teasing (from one year to three years). However, as with marital rape, the bill has failed to rid these provisions of attitudes that don't belong in the 21st century India. 

In the provisions relating to molestation and sexual harassment, the bill has refrained from amending the expressly-stated notion that those offences are committed against the "modesty" of a woman. Section 354 IPC is about "assault or criminal force to woman with intent to outrage her modesty" while Section 509 IPC is about "word, gesture or act intended to insult the modesty of a woman". 

The retention of this Victorian language — and the sexist notion of modesty — will continue to legitimize social sensibilities that are offended by a young woman staying out late in male company, as allegedly was the case the night on which the gang rape took place.

District Courts to re-open in new complex after winter break

Chandigarh, Mon. Dec. 10 2012 - After much delay, the District Court Complex in Chandigarh will be shifting to from its current residence in Sector 17 to the new building in Sector 43 in about two weeks. District and Sessions Judge, S K Aggarwal informed that the court will reopen in the new building after the winter break which starts on December 25.“Some pending tasks at the new building and beautification has been done. The shifting will be done in December and from 2013, the court will reopen in Sector 43,” said Aggarwal.President of the District court Bar Association, Advocate N K Nanda, said: “I have had a meeting with the sessions judge. We are not ready to shift in the new complex yet, but since our Judge insists, we shall abide by him.”Nanda added: “The inauguration of the new court building will be held in the next few days as and when we get a confirmation from the Chief Justice of India. However, we have requested some more time from the Sessions Judge to shift to the new building. For the same, we have been given till January 2, 2013 when the courts reopen after the winter break.”
‘Insisting’ judge stops further delay
The shifting to Chandigarh District Courts has been delayed previously. After a debacle over demand for new furniture at the new court complex and incomplete construction of lawyers’ chambers and the parking lot, the deadline of the courts to shift was extended to December 2012. And the new sessions judge is adamant to meet the deadline.There are certain other things for which the insisting attitude of the newly appointed sessions judge is proving very helpful. For instance, the formulation of a local commission to record evidences. “A panel of lawyers and retired judges with minimum ten years of experience has been formed, which will record the evidences in a particular case if the counsels want the witnesses to be examined the same day by paying a minimal amount,” said Justice S K Aggarwal.Video conferencing facility between the court complex and Model Jail was started recently even though it was to start in the new court complex. But the Judge said, “We will just have to unplug some wires and plug them back in the new building. If we have the resources, why not use them?”

Paras Downtown Square, Zirakpur directed to pay Rs 2 lakh to showroom owner

Chandigarh, December 9
The State Consumer Disputes Redressal Commission, Punjab, has penalised the Paras Downtown Square in Zirakpur for discontinuing the payment of assured return to the complainant against the agreement reached between the two sides.
The opposite party (including various officials of the mall) has been directed to deliver the actual physical possession of the premises to the complainant and pay Rs 2,00,000 to the complainant for causing physical and mental harassment and adopting an unfair trade practice.
The complainant, Gurbir Singh, a resident of Mohali, alleged that he was “allured by the opposite parties to invest money and therefore, agreed to purchase a shop in Paras Downtown Square, Zirakpur, for self-employment. He paid the entire amount of Rs 79,84,200 as per the buyer agreement.”
“The opposite parties were bound to pay the assured return of Rs 1,35,446 per month to the complainant which was paid from September, 2008 to March, 2010 but thereafter, they stopped paying the same. The opposite parties also refused to deliver the possession of the shop premises to the complainant,” read the copy of the judgement.
The Commission directed the opposite parties to pay the entire amount due from the complainant as arrears of assured income along with interest at the rate of per cent per annum. The opposite parties have also been directed to pay Rs 25,000 towards cost of litigation.

Aam Aadmi Party launched

New Delhi, November 26
The latest entrant on Indian political scene, Arvind Kejriwal’s Aam Aadmi Party (AAP) was formally launched today in the presence of thousands of supporters amid voluntary donations and offers of premises for party offices by newly-inducted members.

Kejriwal was accorded traditional felicitations by supporters from across India, a siropa and kirpan from Punjab, a Jaapi (traditional Assamese headgear) and a folk dance from Karnataka at the first public rally at the Sansad Marg here.

The venue with an impressive turnout of people from all walks of life reverberated with slogans of “Bharat Mata ki Jai” and fluttering Tricolours. Kejriwal declared the party “result of struggle against corruption”. He administered four oaths to his supporters -- I will never give or take bribe; I will never sell my vote for a liquor bottle, money or saree; I will exercise my franchise in every election and I will not vote according to my caste or religion.

As speaker after speaker forwarded support to the newly found party, Kejriwal’s colleague Kumar Vishwas kept the rally alive with references to corporate connections and Swiss bank accounts of other parties vis-à-vis AAP’s dependence of public support. Allegations were also made by some AAP members of the government’s “gag orders” on media against the coverage of the rally.

Kejriwal, Pankaj Gupta and Krishna Kanth were appointed as the national convener, the national secretary and the national treasurer of the AAP, respectively. The constitution of the new party was released by former Law Minister Shanti Bhushan, while Manish Sisodia declared the name of the party and announced the names of the other 23 members of the national executive body, which includes Sisodia along with Prashant Bhushan, Dinesh Waghela, Sanjay Singh, Gopal Rai and Vishwas.

Kejriwal said he would tour the country for the next year to "expose" the Congress and the BJP while trying to convince people why they should support his outfit.

Seminar on legal issues awareness held in Doon

Dehradun - A conclave was held to create awareness among the married couple to avoid long appointment with the law over the petty issues.

The volunteers also spoke on corruption that has deep rooted in the Government and private sector in the country.
Addressing the gathering which was organised by India Against Legal Terrorism, Dr Indu Subhash lamented that corruption is being badly deep rooted in the departments. She said that efforts from everyone are required to throw corruption out of our society. “It is a matter of concern that fake cases have been registered against male members of the family after the female member lodges fake complaint against her husband,” she said, adding that this will cause mental trauma to husband and his parents. According to her, instead of taking prompt action against the husband on the basis of complaint lodged, the department should initiate inquiry before putting the husband behind the bars. According to her, use of dowry Act has become a regular feature among the married women. Dr Laxmi Rastogi, Manuj Gupta, Swaroop Sarkar and Anil were also present.

Veteran film maker Yash Chpora died

Mumbai - 21 Oct. 2012, Veteran film producer and director Yash Chopra died here pn sunday evening at the age of 80.

Justice Sikri is new Punjab and Haryana HC CJ

New Delhi, September 21

Justice Arjan Kumar Sikri has been appointed as the Chief Justice (CJ) of the Punjab and Haryana High Court. At present, Justice Sikri is the Acting CJ of the Delhi HC.The President has also appointed CJs for the Delhi and Kerala HCs. Justice Darmar Murugesan, at present at Madras HC, has been made the CJ of Delhi HC. Justice Manjula Chellur is the new CJ of Kerala HC. She is now a judge of the Kerala HC.

All the appointments would be effective from the date they assume charge, an official press note said. Born on March 7, 1954, Justice Sikri had an excellent academic record. He stood third on the merit list in Higher Secondary from CBSE, Delhi, and did his B.Com (Hons.) from Shriram College, Delhi University in 1974 and LL.B from the Law Faculty in University of Delhi in 1977. He was awarded gold medal for attaining the first position in LL.B in Delhi University and given a special prize for getting highest marks in Constitutional Law I & II. He had the distinction of securing the first position in all six semesters of LL.B and getting all several prizes and medals of Delhi University for LL.B course.

He did LL.M from Delhi University (DU) and got first position. He won medals and prizes in various extra curricular activities. He was president of Campus Law Centre, Delhi University in 1976-77 and was Member of Academic Council of DU in 1976-77 and various committees of DU. 

Former Cong minister Henry loses citizenship

 

Jalandhar, September 19
The Ministry of Home Affairs (Foreigners Division) has ceased the Indian citizenship of senior Congress leader and transporter Avtar Henry.

In a communication to Principal Secretary (Homes) DS Bains, Undersecretary, Union Government, SN Garg has said the Centre, while exercising powers under Sections 9(2) of the Citizenship Act-1955, had ceased Henry’s Indian citizenship from the date he acquired British citizenship and passport in 1969.

Henry, however, is at liberty to acquire Indian citizenship by following the procedures laid down under the law.

In the letter, Garg stated that an inquiry report forwarded by the Additional Director General of Punjab Police specified that the office of the Deputy Commissioner, Jalandhar, was not in possession of any record that could be used to ascertain whether Henry had submitted an application to acquire Indian citizenship or not. Henry had acquired an Indian passport in 1981 and subsequently in 2004. The passport can be issued only to an Indian citizen.

But the records of the Foreigners Division of the Ministry of Home Affairs confirmed that the division had not granted Indian citizenship to Avtar Henry from 1981 onwards.

The letter sent by Garg to Bains stated that the fact that he had acquired a British passport conclusively proved that he had acquired British citizenship and thereby automatically ceased to be an India citizen under Sections 9(1) of the Citizenship Act-1955 from the date of the acquisition of British citizenship.

Case history

Henry had landed in a trouble following allegations of dual citizenship levelled by his son Gurjit Singh Sanghera. The Union Home Ministry had summoned him to Delhi to clear his stand.

Henry was asked to appear before the ministry on July 10, 2012. Henry had appeared before SM Garg and recorded his statement.

In November 2009, Sanghera had accused his father of possessing two passports. In his complaint, Sanghera had alleged that Avtar Singh ‘Sanghera’ had been to England on an Indian passport, which he had procured from the passport office in Delhi by posing as Lakhbir Singh Sanghera’s son. Lakhbir Singh Sanghera is, in fact, Henry’s elder brother and his father’s name is Joginder Singh.

The complainant had further alleged that Henry had made a false averment in the British passport that his “father”, Lakhbir Singh Sanghera, had died in 1905. Lakhbir Singh had actually died in November 2006.

The complaint further read that Avtar Henry (‘son’ of Lakhbir Singh) took British citizenship on the old passport issued by the Indian Government. He later managed to get a passport from the British government and returned to India in September 1969. He yet again got a passport prepared from the Jalandhar passport officer, showing himself as the son of Joginder Singh (the real father) and born in Pakistan.

The complainant had sought charges under Sections 420, 465, 467, 468, 471 and 494 of the IPC against Henry. The Jalandhar police acted on the complaint, but the files were gathering dust at the SSP’s office.

The case was later reopened by the city police after Sanghera, through his friend Ajay Sehgal, an RTI activist, moved the Punjab and Haryana High Court.

The court had directed the Union Home Ministry, Punjab Chief Secretary and the DGP to complete an ongoing probe into a complaint against Henry in four months.

Son relieved

Gurjit Singh Sanghera has expressed satisfaction at the union government’s decision to cease Henry’s Indian citizenship. Talking to The Tribune, Sanghera claimed that he would move an application before the city police Commissioner seeking his arrest.

Alberta's top court upholds judge ruling to take toddler off life support Read it on Global News: UPDATE: Alberta' s top court upholds judge ruling to take toddler off life support

EDMONTON - Alberta's top court has upheld a judge's ruling that a two-year-old child allegedly abused by her parents should be taken off life support.

The Appeal Court ruled that each parent will be allowed a final 20-minute visit with the girl, if Edmonton police have the resources to accompany them. Another stipulation is that the parents can't make the visit at the same time.

The parents have been charged with aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life - charges that could be upgraded if the child dies.

The court dismissed an application that its decision be stayed so as to allow an appeal to the Supreme Court.

A Court of Queen's Bench justice agreed with doctors last week that it is in the girl's best interest to be removed from machines keeping her alive and to be provided with palliative care.

Paramedics found the girl and her twin sister, both malnourished and suffering from injuries, in an Edmonton home May 25.

The girl at the centre of the ruling was in cardiac arrest and is now in a coma. Her sister is recovering. A brother was in home as well, but he was not suffering any injuries and is now in foster care.

The parents, who cannot be named, have been denied bail and are not allowed to have contact with each other.

The Court of Queen’s Bench ruled Friday that the child – being called “M” because she cannot be identified – must be taken off life-support. Medical experts testified the girl had suffered "profound and irreversible brain injury." She can't move on her own and requires the support of a machine to breathe. She has no upper brain function and is not expected to ever recover.

Bill for separate status to Sikhism today

AMENDING ARTICLE 25  Article 25 of the Constitution of India describes Sikhism, Jainism and Buddhism as parts of the Hindu religion  This has resulted in avoidable confusion across the world about the independent identity of these three religions, says the community  This Bill proposes to amend Article 25 with a view to distinctively refer to Sikh, Jain and Buddhist religions along with Hinduism

New Delhi, August 23
After the amendment of the Anand Marriage Act for separate registration of Sikh marriages, the community is now setting its eyes on amendment of the Constitution to recognise Sikhism as a full-fledged religion.

At present, Article 25 of the Constitution of India describes Sikhism, Jainism and Buddhism as parts of the Hindu religion. Sikhs have long been seeking amendment to this Article to grant Sikhism an independent identity under the law.

In a significant move, Lok Sabha Speaker Meira Kumar today allowed Shiromani Akali Dal’s Khadoor Sahib member Rattan Singh Ajnala’s private member Bill to amend Article 25 of the Constitution to meet the community’s pressing demand.

The Bill titled ‘Constitution Amendment Bill 2012’ seeks to drop Explanation II in Article 25, which — while guaranteeing a right to freely profess, practice and propagate religion — defines Sikhism, Jainism and Buddhism as components of the Hindu religion.

Clause 1 of Article 25 of the Constitution provides the freedom of religion to everyone in India. Sub clause (b) of Clause 2 of Article 25 says: “notwithstanding the freedom of religion, the Government can make any law pertaining to the social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of the Hindus”.

The problem arises in Explanation II of sub clause (b) in Clause 2 of the said Article, which says: “the reference to Hindus will be construed as including a reference to persons professing the Sikh, Jaina and Buddhist religions and the reference to Hindu religious institutions shall be construed accordingly as well.”

The statement of object and reasons behind Ajnala’s private member Bill listed for introduction in the Lok Sabha tomorrow wants Explanation II dropped and says, “The drafting of sub clause (b) of Clause 2 of Article 25 tends to ignore the separate and distinct identities of Sikh, Jain and Buddhist religions. Rather, it shows that these religions are either part of the Hindu religion or associated with it. This has resulted in avoidable confusion across the world about the independent identity of these three religions. This Bill proposes to amend Article 25 with a view to distinctively refer to Sikh, Jain and Buddhist religions along with Hindu religion.”

The Bill also refers to the recommendation to amend Article 25 along similar lines made by the National Commission on Review of the Constitution headed by former Chief Justice of India Justice MN Venkatachaliah during the NDA regime.

The Bill at hand is a constitutional amendment Bill and the second major bill moved as a private bill by Sikh MPs. The Anand Karaj Amendment Act was earlier moved as a private member’s Bill in Rajya Sabha by former MP Tarlochan Singh.

Lawyers protest against starting of evening courts

Ludhiana, August 23
Lodging their protest against starting of evening courts, city lawyers observed a strike today.

As per the instructions of the Punjab and Haryana High Court, a few days ago cheque-bounce cases involving an amount of Rs 50,000 were entrusted to four evening courts.

The timing of evening courts has been fixed from 5 pm to 7 pm. The District Bar Association president Jagmohan Singh Warraich said that the lawyers were under immense pressure due to the startng of evening courts. He said a meeting of president and secretaries of 62 bar associations of the district and the sub-division was held at Moga and a decision was taken to protest against the starting of evening courts.

 The decision means that cases will now be heard in district courts from 5pm-7pm. Lawyers have, however, alleged that pendancy of cases are higher in HC and should be the ones with evening court sessions. Sunil Garg, president Moga Bar Association, said. 

Lawyers will boycott evening courts and all courts on Saturdays. Moreover, a demonstration would be held at the High Court on August 31, he added.

Pranab Mukherjee elected new Indian president

 

NEW DELHI: Former finance minister Pranab Mukherjee was elected Indian president on Sunday after votes from national and state lawmakers were counted in the race for the mainly ceremonial post.

Some analysts believe Mukherjee, a veteran from the ruling Congress party, may take a more active approach to the job than his predecessors as India struggles with a parliamentary deadlock and slowing economic growth. Mukherjee, 76, collected 69 percent votes, easily beating his only rival P A Sangma, 64, a former lower house speaker and tribal leader from the remote northeast who was backed by the main opposition Bharatiya Janata Party (BJP).

"I would like to thank the people of this great country for conferring this distinction by electing me to this high office," Mukherjee told crowds of cheering supporters gathered outside his residence in New Delhi.

India's president, who takes up residence in a 340-room palace built in the capital for the British viceroy during colonial rule, is chosen by legislators from the two houses of parliament and state assemblies.

The next general election, due to be held in 2014, is predicted to be close, which could lead to a period of complex horse-trading between numerous national and regional parties trying to form a stable coalition government.

"It's in this turbulent scenario Mukherjee as a president will be able to steer the ship of the state. He's a troubleshooter," said Sanjay Kumar, an analyst at India's Centre for the Study of Developing Societies.

Mukherjee may also try to use the presidential position to foster a behind-the-scenes deal between warring parties who have reduced parliament to a stalemate in recent sessions. He has a reputation as a canny negotiator, and was described by leaked US embassy cables in 2009 as "the ultimate Congress Party fixer and operator" with clear ambitions at that time to become prime minister.

Mukherjee commands widespread respect across party lines, but his performance as finance minister was criticised for his failure to push through reforms to further liberalise India's economy.

His exit from the ministry raised investors' hopes that Prime Minister Manmohan Singh, who took over the finance portfolio, could embark on long-awaited moves. Mukherjee's success on Sunday was a welcome victory for the embattled the Congress party, which has been beset by a string of graft scandals, policy reversals and a raft of disappointing economic data.

Sangma congratulated his opponent but criticised the Congress for running an "exceptionally partisan and political" campaign for the head of state. Mukherjee will be formally sworn in on Wednesday, taking over for a five-year term from Pratibha Patil, India's first woman president. 

SC: panchayats enjoy Constitutional status

 

NEW DELHI: Panchayats can formulate their own programmes of economic development and social justice as they enjoy a Constitutional status, the Supreme Court has ruled.

The apex court said Article 40 and Articles 243 to 243-O envisages that the framers of the Constitution had envisaged village panchayat to be the foundation of the country's political democracy - a decentralised form of government where each village was to be responsible for its own affairs.

Bench of Justices G S Singhvi and S J Mukhopadhya passed the ruling while allowing an appeal filed by the village panchayat of Calangute in Goa challenging a Bombay High Court order which had taken the view that the local body cannot challenge any decision taken by the executive authority.

In this case, the Additional Director of Panchayat-II had overruled a resolution passed by the panchayat quashing the permission granted to a private company for carrying out certain commercial activities.

Though the panchayat appealed against the official's decision the high court dismissed it following which it appealed in the apex court.

"The primary focus of the subjects enumerated in the Eleventh Schedule is on social and economic development of the rural parts of the country by conferring upon the Panchayat the status of a constitutional body.

"Parliament has ensured that the Panchayats would no longer perform the role of simply executing the programmes and policies evolved by the political executive of the state. 

"By virtue of the provisions contained in Part IX, the panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of Government which is mandated to represent the interests of the people living within its jurisdiction", the Bench said. 

The apex court said the Constitution's Preamble, Part IV and Part IX must guide our understanding of the Panchayati Raj institutions and the role they play in the lives of the people in rural parts of the country.

"The conceptualisation of the village panchayat as a unit of self government having the responsibility to promote social justice and economic development and as a representative of the people within its jurisdiction must be borne in mind while interpreting the laws enacted by the state which seek to define the ambit and scope of the powers and the functions of Panchayats at various levels.

"An analysis of Article 40 and Articles 243 to 243-O shows that the framers of the Constitution had envisaged village panchayat to be the foundation of the country's political democracy - a decentralised form of government where each village was to be responsible for its own affairs," the Bench said.

According to the court by enacting the Constitution (Seventy-third Amendment) Act, Parliament has attempted to remedy the defects and remove the deficiencies of the Panchayati Raj system evolved after independence, which failed to live up to the expectation of the people in rural India.

"The provisions contained in Part IX provide firm basis for self-governance by the people at the grass root through the institution of panchayats at different levels.

"For achieving the objectives enshrined in Part IX of the Constitution, the state legislatures have enacted laws and made provision for devolution of powers upon and assigned various functions listed in the Eleventh Schedule to the Panchayats", the court said.

Hence it directed the High Court to issue notices on the issue raised by the panchayat and decide the matter on merits. PTI 

TIME LINE: THE CASE

2006: Calangute panchayat grants permission to builder for construction at Porbawado, Calangute. Locals complain that builder has blocked access to well and chapel.

MARCH 2008: Following complaints, Calangute panchayat passes resolution for revocation of occupancy certificate.

MARCH 2009: The panchayat passes another resolution and revokes permission to the company. 

2009: Company challenges the ruling on grounds that it was contrary to rules of natural justice.

JULY 2009:Panchayat revokes earlier resolution and issues notice to the company to   stop further construction and fixes site inspection for August 4, 2009.

2009: Company challenges panchayat notice before Additional Director of Panchayat, who passes ex-parte interim order.

JULY 2009: Company applies for permission to use property as guest house, but panchayat rejects application. Company then challenges the decision.

FEBRUARY 2010: Additional Director of Panchayat passes final order, directing panchayat to reconsider application of the company for grant of permission to use the property for running a guest house.  

2010: Panchayat challenges order in High Court, but High Court dismisses petition.

Panchayat then challenges matter before Supreme Court.

NRI Kidnap Case

Charge sheet against six accused filed in court
Police adds sections of robbery, wrongful confinement, forgery in NRI kidnap case
Chandigarh, June 27
The UT police today filed a charge sheet in the NRI kidnapping-for-ransom case, that was registered on April 10. The charge sheet was filed against six accused and the police added sections of robbery, wrongful confinement, receiving stolen property and forgery in the charge sheet after completing investigations.
The charge sheet was been filed in court under Sections 364-A, 341, 342, 397, 411, 468, 471, 473 and 474 of the IPC.
Navneet Singh Chatha, a Canada-based NRI, was kidnapped for a ransom of Rs 1 crore on April 10. A team of the crime branch of the UT police had rescued him following an extensive operation at Darua village in Kurukshetra.
The NRI's brother in Canada had received a ransom call, demanding Rs 1 crore. The police laid a trap and arrested the six accused who kidnapped the NRI.
The kidnappers fired shots at the police and the police had to open fire. The charge sheet was filed against Pradeep Malik, Nitin, Sanjeev Kumar, alias Soni, Sukhdev, Anil Kumar and Ajit Singh. While Pradeep fired shots at the police, Soni was the owner of the farmhouse where the victim was confined.
Of the six accused, Anil Kumar had three cases of murder registered against him and was a proclaimed offender with the Haryana Police. As per the charge sheet, the police had recovered Rs 12.5 lakh, 300 Canadian dollars, the Honda Accord car of the victim, a Swift Desire car robbed from a person in Panchkula and two mobile phones.
An investigating officer said the NRI was robbed of his purse and belongings at gunpoint in confinement, following which the police added sections of robbery with attempt-to-murder under Section 397 of the IPC.
The Swift Desire car used in the crime was stolen from Panchkula and an FIR in this regard had been registered there. The police had recovered a fake registration certificate of the car and added sections of forgery in the charge sheet.

the caseNavneet Singh Chatha was kidnapped for a ransom of Rs 1 crore on April 10. A police team rescued him following an extensive operation.

Tata Motors penalised Rs 50,000

Chandigarh, June 4
The State Consumer Disputes Redressal Commission while upholding the decision of the district forum-1 has increased the fine from Rs 20,000 to Rs 50,000 on Tata Motors for its failure to rectify the fault in a newly purchased vehicle of a Mohali resident.
The respondents, Tata Motors, had gone in an appeal against the forum's order which had directed them to rectify all defects present in the Tata Indigo CS car by repairing/replacing the parts as per a report prepared by an engineering college within a month. In case, they are unable to rectify the defects as per the report, they may then refund the value of the vehicle paid by the complainant after deducting depreciation at the rate of 10 per cent per annum from the date of purchase till the date of the order. They were further directed to pay Rs 20,000 to the complainant as compensation along with Rs 5,000 as costs of litigation.
The state commission comprising president justice Sham Sunder and member Neena Sandhu directed the respondents to rectify the defects in the car/replace the defective parts thereof, as ordered by the district forum.
The respondents were also told to pay a sum of Rs 50,000 to the complainant as compensation for mental agony and harassment instead of Rs 20,000 as awarded by the district forum. The respondents will also have to pay Rs 10,000 instead of Rs 5,000 as costs of litigation. The direction given by the forum for deduction of depreciation value at the rate of 10 per cent per annum from the date of purchase of the car till the impugned order passed by it was set aside.
The complainant, Chetan Gill, submitted that on their recommendation, he had bought a car for Rs 4,80,573 from Joshi Autos Zone Pvt. Ltd (opposite party number 3) with a warranty till December 12, 2009. It was further stated that the car started giving trouble from the very first month of purchase and, consequently, the same was taken to the workshop of the opposite parties, a number of times, for major repairs, including excessive engine noise and clutch problem on September 15, 2008, excessive noise caused due to faulty fan/alternator belt on December 23, 2008, and Camshaft drive belt along with belts broke down on April 7, 2009. The car was, thereafter, handed over
to him, as fully repaired but when it was taken for test drive, he realised that the problems still persisted. He alleged that the opposite parties sold a defective product, which was not working properly, and was continuously causing him mental pain and agony.
The council for the chairman and deputy general manager, Tata Motors Limited (opposite parties), respectively, stated that there was no manufacturing defect in the vehicle and the complainant had not produced any expert opinion, or evidence, to prove the defects pointed out by him, in the same. It was further stated that the averments of the complainant stood contradicted, by the job cards, which did not mention any abnormal noise or defect in the vehicle. Whenever the complainant visited the workshop, the vehicle was fully repaired to his satisfaction, as per the conditions of warranty. It was further stated that the vehicle had already covered over 20,000 km, and the faults, if any, were because of excessive use as the vehicle was used as a commercial vehicle. The opposite party number 3 denied that the complainant was compelled to buy the vehicle and added that whenever the complainant brought the vehicle for service, his complaint was well attended to, as per the conditions of warranty. It was denied that the vehicle had broken down, due to any manufacturing defect, or that there was any engine noise, in the same.

DC says he has no authority to cancel Sadique’s certificate

Chandigarh, May 17
A month after the SC Commission directed the Deputy Commissioner of Ludhiana to cancel the Scheduled Caste certificate issued to Mohammad Sadique, the bard-turned-Congress legislator from Bhadaur, the DC has referred the matter back to the Directorate of SC and ST Welfare, Chandigarh.
Deputy Commissioner Rahul Tiwari said the authority to cancel the certificate rested with the state board constituted for the welfare of SCs and BCs.
“The board will conduct an indepth inquiry into the issue. It will issue a show-cause notice to the candidate and give him time to file a representation and appear before the board. If he is found practising Islam as his religion, his certificate will be cancelled,” Tiwari said.
Lakha Singh, Deputy Director, Welfare Department, said they were yet to receive any communication from the DC.
The SC Commission had on April 24 directed the DC to cancel Sadique’s certificate as he was a Muslim and could not be certified as an SC. It had also directed that all such certificates issued earlier be cancelled and the compliance report sent every month.

Sadique won from the Bhadaur (reserve) seat defeating retired bureaucrat Darbara Singh Guru in the recent assembly poll. Guru challenged his election in the High Court, saying that Sadique was not eligible to contest from the Bhadaur (R) seat as he was a Muslim. Interestingly, the commission had directed the DC to cancel Sadique’s certificate despite a set procedure in such cases. Sadique says he is being targeted as he had defeated an Akali heavyweight and a senior bureaucrat. 

Looking back

n The Scheduled Caste Commission had on April 24 directed the Ludhiana Deputy Commissioner to cancel Mohammed Sadique's certificate as he was a Muslim and could not be certified as an SC

n It had directed that all such certificates issued earlier be cancelled and the compliance report sent every month

n Sadique, Bhadaur MLA, says he is being targeted as he had defeated Akali heavyweight DS Guru

n Guru had challenged his election in the High Court

Delhi High Court has ordered removal of objectionable blog against Art of Living (AoL) founder and spiritual guru Sri Sri Ravi Shankar

The Delhi High Court has ordered removal of objectionable blogs and remarks posted by a man against Art of Living (AoL) founder and spiritual guru Sri Sri Ravi Shankar on Google's website www.Blogger.Com.

While ordering removal of his "defamatory" blogs, Justice Manmohan Singh also restrained blogger Jitender Bagga from sending objectionable emails and publishing blogs on the website against the AoL founder.

The court order came on an NGO's civil suit, seeking damages of over Rs 5 crore from the blogger and the website.

"It appears that the plaintiffs (NGO and its volunteers) have been able to make out a strong prima facie case for passing an ex-parte interim order. The balance of convenience also lies in favour the plaintiff and against the defendants (Bagga and the website).

In case, interim order is not passed, the plaintiffs will suffer irreparable loss and injury. Thus, till the next date, the defendant 2 (website) is directed to remove all defamatory contents about the plaintiffs posted by defendant 1 (Bagga) on website www.Blogger.Com," the court said.

"Bagga is restrained from sending any email or posting any material over the website which has a direct or indirect reference to the plaintiffs or the Art of Living Foundation or any member of AoL or His Holiness Sri Sri Ravi Shankar," the court said.

Filing a civil suit through its trustee Mahesh Gupta, the NGO Vyakti Vikas Kendra, India Public Charitable Trust has sought a damage of Rs 5.9 crore from Bagga and the website.

It alleged Bagga has created and published various materials against the volunteers of this NGO, which promotes spiritual, educational, cultural and social developmental activities and also runs the programme called AoL. It added Bagga has published materials against its founder Sri Sri Ravi Shankar and his family members.

U.S. Suit Says Arizona Sheriff Discriminated Against Latinos

PHOENIX — A federal lawsuit asserting a “pattern of unlawful discrimination” by law enforcement officials here claims that Latinos at the county jail were often referred to as “stupid” or addressed with a coarse ethnic slur. It also says that an e-mail circulated among jail officers contained a photograph of a Chihuahua in a swimsuit, over the words, “A rare photo of a Mexican Navy Seal.”

On the streets, Latino drivers were five to nine times more likely than their non-Latino counterparts to be stopped or searched, the suit asserts, for appearing disheveled or dirty or if it was deemed that too many people were in the back seat. Some were detained because they were said to have looked nervous or avoided eye contact.

The accusations are among those included in a lawsuit filed by the Justice Department on Thursday against Sheriff Joe Arpaio of Maricopa County, who, calling himself “America’s toughest sheriff,” has waged a relentless crackdown on illegal immigrants.

The litigation, in an election year, escalates a politically charged fight over local enforcement of federal immigration laws and the civil rights of Latinos. The suit asks a federal judge to issue an order against discriminatory practices by sheriff’s deputies, and to require the Sheriff’s Office to eliminate a “pattern or practice of unlawful conduct.”

Sheriff Arpaio is accused of running an agency where suspicion and grounds for arrest have been heavily influenced by ethnicity or poor English skills.

In a 32-page complaint, the Justice Department contends that he and his deputies waged a campaign against illegal immigration — through sweeps of homes and workplaces, and in traffic stops and jail practices — aimed at Latinos, regardless of status or citizenship.

Sheriff Arpaio also sought to silence his opponents — lawyers, judges and private citizens — through retaliation, at times filing lawsuits against them that were later found to be baseless, the complaint says.

“At its core, this is an abuse-of-power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, compromised public safety, and did not hesitate to retaliate against his perceived critics,” Thomas E. Perez, assistant attorney general at the Justice Department’s Civil Rights Division, said at a news conference here.

Sheriff Arpaio has engaged in an increasingly bitter conflict with the Obama administration, including questioning the authenticity of the president’s birth certificate and portraying the civil rights investigation that preceded the lawsuit as politicized.

In a news conference at his office, Sheriff Arpaio said he would not allow his office to be "taken over by some bureaucrats in the federal government."

“I will fight this to the bitter end,” he said. He also said: “They’re using me for the Latino vote. I hate to say this is political, but the timing is suspect.”

In what was seen as a pre-emptive move, his office distributed a 17-point plan on Wednesday that promised to “establish and maintain specific bias-free law enforcement and detention” through better policies and training.

“We’re just doing our jobs enforcing illegal immigration laws,” the sheriff said Thursday. “We’re not racist.”

Mr. Perez said the document validated the lawsuit’s claims and was “largely an admission” that problems existed, but came too late to change the Justice Department’s course of action.

Portraying Sheriff Arpaio’s roughly 900 deputies as poorly trained and supervised, the suit contends that they are far more likely to stop and search Latinos than non-Latinos. Further, the complaint asserts, there is a “culture of bias” against Latinos among the 1,800 officers in the county jail system.

The federal government and Arizona officials have been feuding on many fronts about immigration enforcement. State officials contend that the government has failed to police the southwestern border, leading to a flood of illegal immigrants who have strained state services and created other problems.

The Supreme Court is weighing a federal challenge to a 2010 Arizona law that requires state law enforcement officials to determine the immigration status of people they stop and suspect are in the United States illegally.

But even by Arizona’s strict standards, Sheriff Arpaio, a media-savvy figure who is known as Sheriff Joe, has been aggressive. The Justice Department’s investigation of his policing practices began during the administration of George W. Bush but eventually stalled.

In December, the Justice Department released a highly critical report laying out what it said were violations by Sheriff Arpaio and his office. The department moved to negotiate a settlement, but the sheriff refused to acquiesce to its demand to place an independent monitor in his office, saying it would give the federal government too much power over a local law enforcement agency.

The standoff suggests that it may take a trial to resolve the matter.

Anand Marriage Bill introduced in Rajya Sabha

New Delhi, May 7
The government today brought before Parliament a Bill to amend the 103-year-old statute that hitherto allowed solemnisation of Sikh marriages but not their legal validation.
The Anand Marriage Amendment Bill:2012, introduced in the Rajya Sabha today by Law Minister Salman Khurshid, amends the Anand Marriage Act, 1909, by inserting a new Section enabling registration of marriages performed as per the Sikh rituals (Anand Karaj).
The amendment Bill defines the Sikh marriage ceremony as “Anand Karaj” instead of “Anand” as in the old law. Once passed by both Houses of Parliament, it will give the Sikhs the liberty to register their marriages separately and will exempt them from registering these under the Registration of Births, Marriages and Deaths Act, 1969 (which the government plans to amend to provide for religion neutral registration of marriages across India).
The Sikhs would continue to have the option of registering their marriages under the Hindu Marriage Act, 1955, as before. It was registration under this Act that had been causing confusion about their religious identity abroad with their marriage certificates describing them as Hindus.
Importantly, the amendment Bill doesn’t provide for divorce among Sikh couples. For a divorce, they would have to use the Hindu Marriage Act.
Senior Supreme Court lawyer HS Phoolka, commenting on the matter, said: “Because the amendment Bill serves a limited purpose of giving Sikh religion a separate identity by allowing marriage registration under a pre-existing law, it is not a complete marriage law.
“Any religion to be recognised must have its separate ceremony of births, deaths and marriages. Sikhs didn’t have a separate marriage law so far and they wanted the Anand Marriage Act amended for the purpose. For divorce, Sikhs can use the Hindu Marriage Act, 1955.”
The amendment Bill clearly states that “parties whose marriage has been registered under this Act won’t be required to get marriage registered under the Registration of Births and Deaths Act, 1969, after the enactment of the proposed amendments in this Bill.” “Today we have won the battle for a separate identity as a religion,” said former MP Tarlochan Singh who led the movement for the Bill. “The SGPC is also against any divorce provision under the Anand Marriage Amendment Bill,” he said. The Parliamentary Standing Committee on Law had approved these amendments in 2007 when Veerappa Moily was Law Minister. “The Bill need not go again to the standing committee and can be simply taken up and passed,” Tarlochan Singh added.

No provision of divorce in the new BillFor seeking divorce, Sikhs would have to use the Hindu Marriage Act. The Union Cabinet had approved amendment to the Anand Marriage Act, 1909, on April 12 this year.

ਜਸਵਿੰਦਰ ਸਿੰਘ ਐਡਵੋਕੇਟ ਦਾ ਐਡਮਿੰਟਨ, ਕੈਨੇਡਾ ਵਿਖੇ ਨਿੱਘਾ ਸਵਾਗਤ

ਜਸਵਿੰਦਰ ਸਿੰਘ ਐਡਵੋਕੇਟ ਨੂੰ ਸਨਮਾਨਿਤ ਕਰਦੇ ਵਿਧਾਇਕ ਪੀਟਰ ਸੰਧੂ, ਵਿਧਾਇਕ ਨਰੇਸ਼ ਭਾਰਦਵਾਜ

ਐਡਮਿੰਟਨ, 3 ਮਈ - ਪਿਛਲੇ ਦਿਨੀਂ ਕੈਨੇਡਾ ਦੀ ਫੇਰੀ 'ਤੇ ਆਏ ਐਡਵੋਕੇਟ ਜਸਵਿੰਦਰ ਸਿੰਘ ਬਾਘਾ ਪੁਰਾਣਾ ਐਡਮਿੰਟਨ ਨਿਵਾਸੀ ਸ਼ਮਸ਼ੇਰ ਬਰਾੜ ਦੇ ਸੱਦੇ 'ਤੇ ਐਡਮਿੰਟਨ ਪੁੱਜੇ। ਉਨ੍ਹਾਂ ਦੇ ਸਵਾਗਤ ਲਈ ਬਰਾੜ ਪਰਿਵਾਰ ਨੇ ਸਥਾਨਕ ਮਹਾਰਾਜਾ ਹਾਲ ਵਿਖੇ ਪ੍ਰੋਗਰਾਮ ਕੀਤਾ। ਸਮਾਗਮ ਦੀ ਪ੍ਰਧਾਨਗੀ ਕਰਦਿਆਂ ਐਡਵੋਕੇਟ ਜਸਵਿੰਦਰ ਨੇ ਪੁੱਜੇ ਸ਼ਹਿਰ ਵਾਸੀਆਂ ਨੂੰ ਗੰਭੀਰਤਾ ਨਾਲ ਦੱਸਿਆ ਕਿ ਜਦੋਂ ਵੀ ਵਿਦੇਸ਼ਾਂ 'ਚ ਵਸਦੇ ਭਾਈਚਾਰੇ ਨੂੰ ਆਪਣੀ ਚੱਲ-ਅਚੱਲ ਜਾਇਦਾਦ ਨੂੰ ਵਿਕਰੀ ਕਰਨ ਦਾ ਹੱਕ ਆਪਣੇ ਰਿਸ਼ਤੇਦਾਰਾਂ ਨੂੰ ਨਹੀਂ ਦੇਣਾ ਚਾਹੀਦਾ ਸਿਰਫ਼ ਉਨ੍ਹਾਂ ਨੂੰ ਆਪਣੀ ਜਾਇਦਾਦ ਨੂੰ ਲੀਜ਼, ਸਾਂਝ ਸੰਭਾਲ ਸਬੰਧੀ ਹੱਕ ਦੇਣੇ ਚਾਹੀਦੇ ਹਨ। ਅੱਜਕਲ੍ਹ ਪੰਜਾਬ ਵਿਖੇ ਜਾਇਦਾਦਾਂ ਲੱਖਾਂ ਤੋਂ ਕਰੋੜਾਂ ਦੀਆਂ ਬਣ ਚੁੱਕੀਆਂ ਹਨ। ਇਥੇ ਵਸਦਾ ਭਾਈਚਾਰਾ ਪਹਿਲਾਂ ਆਪਣੀ ਜਾਇਦਾਦ ਨੂੰ ਪੰਜਾਬ ਬੈਠੇ ਪਰਿਵਾਰਾਂ ਨੂੰ ਸਹਾਇਤਾ ਵਜੋਂ ਉਸ ਦੀ ਆਮਦਨ ਵਰਤਣ ਲਈ ਦਿੰਦਾ ਹੈ ਪ੍ਰੰਤੂ ਬਾਅਦ ਵਿਚ ਪੰਜਾਬ ਵਸਦਾ ਪਰਿਵਾਰ ਉਸ ਜਾਇਦਾਦ ਨੂੰ ਆਪਣੀ ਹੀ ਸਮਝ ਬੈਠਦਾ ਹੈ ਜਿਸ ਕਾਰਨ ਵਿਦੇਸ਼ੀਆਂ ਦੀ ਜਾਇਦਾਦਾਂ ਉੱਪਰ ਕਬਜ਼ੇ ਆਮ ਹੋ ਜਾਂਦੇ ਹਨ। ਇਸ ਕਰਕੇ ਵਿਦੇਸ਼ੀ ਬਾਅਦ ਵਿਚ ਪੰਜਾਬ ਦੁਬਾਰਾ ਜਾਣ ਦਾ ਨਾਂਅ ਤੱਕ ਨਹੀਂ ਲੈਂਦੇ। ਸਮਾਗਮ ਵਿਚ ਐਡਵੋਕੇਟ ਜਸਵਿੰਦਰ ਸਿੰਘ ਨੂੰ ਵਿਧਾਇਕ ਪੀਟਰ ਸੰਧੂ, ਸਿੱਖ ਫੈਡਰੇਸ਼ਨ ਦੇ ਕਰਨੈਲ ਸਿੰਘ ਦਿਉਲ, ਵਿਧਾਇਕ ਨਰੇਸ਼ ਭਾਰਦਵਾਜ ਵੱਲੋਂ ਸਨਮਾਨ ਚਿੰਨ੍ਹ ਵੀ ਭੇਟ ਕੀਤਾ ਗਿਆ। ਇਸ ਮੌਕੇ ਸ਼ਮਸ਼ੇਰ ਬਰਾੜ, ਹੈਰੀ ਬਰਾੜ, ਤੀਰਥ ਬਰਾੜ, ਬਲਦੇਵ ਧਾਲੀਵਾਲ ਤੋਂ ਇਲਾਵਾ ਦਰਜਨਾਂ ਨਿਵਾਸੀ ਹਾਜ਼ਰ ਸਨ।

Sarabjit case: Indian advocates file mercy plea with Zardari

Amritsar, April 29
A delegation of Indian advocates has filed a mercy petition for Sarabjit Singh, lodged in Kot Lakhpat Rai jail, before Pakistan President Asif Ali Zardari.
Talking to The Tribune, BM Vinayak, a member of the delegation, here today said they also met Sarabjit Singh and Interior Minister Rehman Malik.
Vinayak, a member of the Punjab and Haryana Bar Council, said Sarabjit was lodged in a solitary confinement cell number E-7. Sarabjit had grown his beard and was wearing a skullcap, he said. "He was happy to see us and expressed his desire to meet his daughters," said Vinayak.
He said, "We took up Sarabjit's case with Interior Minister Malik during a lunch hosted by him. He informed us that Presidential pardon is the only way now. We requested him to arrange a meeting with Sarabjit and he happily obliged us."
He said they wrote the mercy petition citing humanitarian grounds. "Sarabjit has served 22 years in jail. His family too has suffered a lot. Further, his confinement will serve no purpose. But the President can grant him a pardon as a good will gesture to built cordial relations," said Vinayak adding that Malik had promised to follow up the matter with President Zardari.
Vinayak claimed that 33 Indians, including three women, were lodged in Kot Lakhpat Jail. "Two more Indians, excluding Sarabjit, have been sentenced to death. We have confirmed that 17 more Indians are in other district jails," said Vinayak.
The Interior Minister has extended visa for a year to all the 15 members of the delegation.
A resident of Bhikhiwind in Tarn Taran district, Sarabjit was convicted for the 1990 serial bomb blasts in Lahore and Multan in which 14 people were killed. Sarabjit was to be hanged in 2008. His execution was put off indefinitely following intervention of Pakistan Prime Minster Yousuf Raza Gilani.
However, his family members, especially his sister Dalbir Kaur, said that Sarabjit was wrongly convicted and the case was that of a "mistaken identity".

Issue summons to Facebook through e-mail: Court

New Delhi: A Delhi court hearing a civil case against various social networking sites for allegedly displaying objectionable content Wednesday ordered that summons be served to US-based social networking site, Facebook through e-mail.

Meanwhile petitioner's counsel Santosh Pandey moved an application seeking the government should be brought as a plaintiff for proper adjudication of the case as it is related to national issues.
Administrative Civil Judge Parveen Singh order that summons to Facebook should be served through e-mail within three days after observing that the firm has not appeared in the court as summons were not served against it.
The court was hearing a case filed by petitioner Mufti Aijaz Arshad Qasmi, an Islamic researcher linked to a website run by the Islamic Peace Foundation of India, who had sought removal of objectionable content from various websites.
Qasmi in a newly revised list submitted in last hearing April 12 has sought to prosecute - Facebook India, Facebook Inc, Google Inc, Orkut, Youtube Inc, and Blogspot.
Pandey has moved another application seeking review of the order of dropping the name of Orkut India, Youtube India and Blogspot India from the case. He said that the no objection given by him for deletion of the names of Google India and the other three parties was due to confusion.
He told the court that submissions made by Google India, Orkut India, Youtube India and Blogspot India that they were only subsidiaries of Google Inc, Orkut, Youtube and Blogspot were wrong.

The court has listed the matter for Thursday for further hearing.

Madras HC imposes costs of rs one lakh on petitioner

Chennai, April 23 - Annoyed with a petitioner for wasting the time of the court,the Madras High Court today imposed costs of Rs one lakh on a petitioner for seeking an issue of 'quo warranto' against Army Chief, General V K Singh, "without understanding the nature and concept of the same." A Division Bench, comprising Justice Elipe Dharma Rao and Justice M Venugopal, dismissed as withdrawn, the quo warranto petition filed by Dr S Vishwa Murti, founder chairman of 'Awareness on Anti Corrpution and Crime', a NGO. The bench said "further when the bench has required the petitioner's counsel to state the reason and necessity to issue a quo warranto, when admittedly the matter was entrusted to the CBI for inquiry, he was unable to answer." The petitioner had sought to know under what authority Gen Singh continued to hold the post and for a consequent direction to the Centre to dismiss him from office after allegedly violating the oath or affirmation he had taken at the time of his induction in the army. The petitioner had submitted that Gen Singh had allegedly told the media that he was offered a bribe but had not immediately brought to book those who had made the offer. Stating that the petitioner's counsel was also not able to reply when a specific question was put to him regarding the principle laid down by the Supreme Court in the matter of quo warranto, the bench said the petitioner had not approached the court with clean hands and bonafide intent for permission to withdraw the petition after it was heard for two days. The Judges directed that the amount imposed as costs be paid to 'Madras Society for Protection of Children', within two weeks failing which the District Collector would take steps to recover the amount.

Runaway couples cautioned

Think twice before ‘rebellion marriage’, says High Court

Chandigarh, April 12
Cautioning runaway couples against running down established social norms while racing towards the hymenal altar, the Punjab and Haryana High Court has asked them to “think twice” before according precedence to individual interests over that of society’s.

The assertion by Justice Rameshwar Singh Malik, aimed at easing tension between interests of individuals and a group as a whole, came while dealing with nearly a dozen protection petitions filed on a single day by runaway couples.

In one of the petitions, Kirti Goyal and another petitioner had sought directions to the State of Punjab and other respondents to protect their life and liberty on the ground that they “ had tried to persuade their parents and relatives, but in vain.”

Referring to Supreme Court judgments on the right to life and liberty guaranteed under Article 21 of the Constitution, Justice Malik asserted: “It is equally important to note that freedom of the individual is not absolute, but subject to the established and time-tested social norms of a civilised society.

“Co-existence of freedom of the individual and social control is sine-qua-non (an essential element or condition) for sustainable progress of society and this is also an integral part of our Constitutional philosophy.

“Therefore, though the petitioners are entitled to protection to their life and liberty in the given facts and circumstances of the case, but at the same time, it is also expected of them and other young citizens like them that before running away from their homes for performing this type of rebellion marriage, they must think twice, besides, listening carefully to their parents who are not their enemies, but genuine well- wishera.”

Justice Malik also said: “Let us welcome the dynamic social change and evolution, but only subject to the social control and moral values which are centuries old and have not lost their shine even today ”.

Before parting with the orders in almost all the cases on the issue, Justice Malik said: “It is also made clear that this order shall not entitle the petitioners for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognisable offence...”

Punjab to ban mobile phones inside jails

Jail Staff to get walkie-talkie sets

Patiala, April 12
Following complaints of illegal use of mobile phones by prisoners, the Punjab Jails Department has decided to completely ban carrying of mobile phones inside the jails. As an alternative, jail officials will be provided walkie-talkie sets to ensure that even they do not carry their personal mobile phones inside the jails.

Sources said while a move of installing jammers inside the jails was still in the pipeline, officials had been briefed about banning the use of mobile phones inside the jails. "Mobile phones will be banned inside jails even for superintendents and others staff who will be provided walkie-talkie sets," they said.

An official said, "The state government's pilot project to install jammers in all jails is yet to see light of the day due to shortage of funds. However, a sum of Rs 4 crore has been earmarked for modernisation of jail equipment, including modern communication devices for jail staff".

In the recent past, over 1,000 mobile phones had been recovered from jail inmates across the state.

In a recent case, allegations were levelled against former SGPC president Bibi Jagir Kaur for allegedly using her mobile phone inside the Kapurthala Jail in violation of the Jail Manual. However, once jammers are installed and walkie-talkie sets are given to the jail staff, such violations will be checked.

The sources said many criminals lodged in jails were allegedly running their gangs from there itself. The Jail Manual stipulates that there is no proper provision to book them for using mobile phone. "Punjab DGP (Jails) Shashi Kant is keen to get funds to buy jammers to curb illegal activities of inmates," said a senior jail officer.

At present, Punjab has seven Central Jails located at Patiala, Bathinda, Ferozepur, Amritsar, Gurdaspur, Jalandhar and Ludhiana, five districts jails located at Nabha, Sangrur, Faridkot, Kapurthala and Hoshiarpur, two open-air jails located at Nabha and Kapurthala, one women's jail at Ludhiana and 10 sub-jails at Fazilka, Majha, Mukatsar, Patti, Ropar, Barnala, Malerkotla, Phagwara, Dasuya and Pathankot. Besides, there is a jail training school located at Patiala.

“We will surely implement many more jail reforms, including banning of mobile phones from inside jails soon,” said DGP (Jails) Shashi Kant.

JAMMING NETWORK

• In the recent past, over 1,000 mobile phones had been recovered from jail inmates across the state
• The government's pilot project to install jammers in all jails is yet to see light of the day due to shortage of funds
• A sum of Rs 4 crore has been earmarked for modernisation of jail equipment, including modern communication sets for jail staff.

Bill C-10 makes crossing U.S. border tougher if you have a criminal record

VANCOUVER - The recent passage of Bill C-10, the federal Safe Streets and Communities Act, has made crossing into the U.S. from Canada more difficult for anyone with a criminal record.

A solution can be provided by Commissionaires B.C., but getting a waiver won't be cheap and it could take as long as a year or more, according to Deb Barnett, supervisor of identification for the organization.

Barnett said a Canadian ``record suspension'' is most important for employment reasons. But the new crime law has extended the waiting period for that to five years from three years for less serious offences and to 10 years from five years for indictable offences.

Anyone with three indictable offences leading to prison sentences of more than two years each can't get their record wiped clean. Neither can someone convicted of sex offences against a child.

But getting a U.S. entry waiver is critical for travel to or through the U.S.

``This has some pretty major effects on people's lives,'' said Barnett.

She cited two cases of people who came directly to her office after being turned back at Vancouver International Airport.

One was heading to the U.S. to visit his dying sister in hospital. A random check revealed he had an assault on his record from a marital dispute more than 20 years in the past and he was rejected.

The other man was heading to his second home in Palm Springs, Ariz., to join family members who had travelled ahead of him. A random check of the man, who was in his 50s, turned up a marijuana possession from when he was 18.

``He had no idea they were doing this,'' said Barnett of the checks.

The Commissionaires are an independent, non-profit security organization that provides meaningful work for former Canadian Forces and RCMP members. There are other companies that also deal with the complicated process of getting what used to be called ``pardons'' but are now, since March 12, called ``record suspensions.''

Barnett pointed out that a Canadian pardon is not recognized by U.S. border guards.

That's where a U.S. entry waiver, which is granted by the Department of Homeland Security, is required. It costs $585 US, payable to U.S. Citizenship and Immigration Services.

All of this requires getting criminal record files, for which the Commissionaires charge a service fee. The fee for that is $399 but the total for the entire process averages $1,059.

Criminal records are kept in the Canadian Police Information Centre, which can be accessed by U.S. Customs. If a U.S. official has accessed that record it remains in their database even if that record is wiped out by a pardon in Canada.

That's why the entry waiver is critical.

RTE Act applies to all govt, private schools, rules Supreme Court of India

Private unaided minority institutions get exemption
New Delhi, April 12

The government got a shot in its arm today when the Supreme Court upheld the constitutional validity of the Right of Children to Free and Compulsory Education (RTE) Act (2009) and ruled that the law would apply uniformly across India to all government, local bodies and private unaided schools.

By a majority view, a three-judge Bench of Chief Justice SH Kapadia and Justices KS Radhakrishnan and Swatanter Kumar said the Act would apply to all private and minority schools, which get grants from the government. All unaided private schools are also covered under the Act with the exception of unaided private minority schools.

All schools covered by the law will now have to compulsorily reserve in Class I (or nursery at entry level) at least 25 per cent seats of the total strength of that class for children belonging to weaker sections and disadvantaged group in the neighbourhood. Top Delhi institutions, including Sanskriti, Modern School, DPS, Vasant Valley would be covered under the RTE Act.

However, missionary schools in Chandigarh like St John’s, Carmel Convent, St Anne’s and Sacred Heart which get no grants from the government, will be exempted and not have to reserve 25 per cent seats for the weaker sections.

“Missionary schools are in any case enrolling children from the Economically Weaker Sections but with the additional 25 per cent quota, they were feeling extremely burdened. The SC order is a relief,” said Alka Sarin, advocate for Chandigarh’s missionary schools.

The SC’s order came on a bunch of petitions filed by private unaided institutions which argued that the law violated their rights under Article 19(1) (g) of the Constitution which provided them the autonomy to run institutions without government interference.

Justice Radhakrishnan’s dissenting view that the law should not apply to unaided private and unaided minority institutions was overruled by Justices Kapadia and Swatanter Kumar.

The apex court said the law should be viewed as child-centric and not institution-centric. The court also ruled that the judgment would apply from today (Thursday). This means it won’t apply to admissions granted before today and post April 1, 2010 when the Act came into force. The law will thus apply prospectively.

Earlier, the SC had reserved its judgment on August 3, 2011, on petitions filed by the Society for Unaided Private Schools, Independent Schools Federation of India and others who primarily contested 25 per cent quota at entry level.

HRD Minister Kapil Sibal today thanked the apex court for upholding the interests of children before anything else. “The court has clarified a very complex issue. We welcome the court’s view that such legislations should be seen as child-specific and not institution- specific. It’s the future of children that will be secured through the law. We had always held what the SC has today ruled. Every school must now comply,” he added.

The government, however, clarified that madrassas and Vedic schools won’t be covered under the RTE Act and a Bill amending the law would be taken up in Parliament soon to exempt these institutions. “These institutions are not schools as per the definitions of the RTE Act,” Sibal said.

Schools reserving 25 pc seats will be reimbursed expenditure to the extent of per-child-expenditure incurred by the state as a whole or the actual amount charged from the child whichever is less.