HC warns bureaucrats that complying with court orders after receiving contempt notice won’t absolve them of contempt charges

Chennai:

Madras High Court has warned bureaucrats that complying with court orders after receiving contempt notice won’t absolve them of contempt charges.

The first bench comprising Acting Chief Justice Satish K Agnihotri and Justice K K Sasidharan passed this order recently on a contempt petition filed by A Baby Uma against the then home secretary Rajagopalan, Tamil Nadu Uniformed Services Recruitment Board chairman Vibhakar Sharma and DGP K Ramanujam.

The judges said that once a bureaucrat commits contempt of court by violating court orders, and receives contempt notice too, then even if he complies with the court order it would not automatically absolve him of contempt charges.

The petitioner Uma was selected for sub inspector post but was not given appointment order stating that discreet enquiries revealed her conduct was not satisfactory. Uma challenged the order and despite a single judge ruled in her favour, authorities refused to appoint her stating the selection had been finalised.

Surprisingly, even a division bench too passed a similar order in November 2012 directing the director-general of police to issue an order of appointment to Uma on or before December 31, 2012.

A year later on December 18, 2013, the government advocate informed the court that she would be sent to training after the next recruitment that is yet to be notified. The judges then directed the three officers to be present in court on December 20, 2013 to report compliance of their earlier order on appointment and training for Uma.

The DGP then issued appointment orders dated December 18, 2013 resulting in the judges closing contempt petition with a warning that compliance of the order after the contempt was initiated would not automatically absolve the contemnors.

writingonblog uncensored: Pvt institution can’t usurp power of Bar Council o...

writingonblog uncensored: Pvt institution can’t usurp power of Bar Council o...: Chennai: Madras High Court has hit out at a private university for “usurping the power of Bar Council of India” in fixing the quantu...

Pvt institution can’t usurp power of Bar Council of India in fixing quantum of attendance for law college students: HC

Chennai:

Madras High Court has hit out at a private university for “usurping the power of Bar Council of India” in fixing the quantum of attendance and denying three students permission to pursue their law degree course in third year.

The three students B Murugan V Karthikeyan and M Radhika were denied permission to pursue their third year BA BL course in Saveetha School of Law, Saveetha University, for not fulling the college norms of having 80 per cent attendance in each subject. The students have above 80 per cent attendance in all subjects except one or two.

Justice V Dhanapalan after hearing the petitions of three students stated that as far as legal education is concerned the regulating body is Bar Council of India whose rules contemplate a minimum of 70 per cent of attendance.

“When that is the position, the university under the guise of achieving higher standards and excellence is usurping the power of BCI and insisting on certain standards beyond what is contemplated under the rules and regulations of the controlling body,” the judge stated.

“Various law universities and law schools in India have aimed to achieve excellence in legal education but they are within the parameters of the rule of law and the dictum laid down by the Bar Council of India,” the judge observed.

“Though these petitioners have a shortage of attendance in some subjects, they fulfil the criterion of having 70 per cent overall attendance prescribed by Bar Council Of India,” the judge stated.

“if the petitioners are not allowed to continue their studies, it would be denial of justice and also spoiling of their career as such the principal of Saveetha School of Law, Saveetha University, is not in accordance with law,” the judge said. He also directed the principal to allow the petitioners continue their third year BA BL course in the institution forthwith.

EC failing to ensure elections are disabled friendly, says petition

Chennai:

Election commission has failed to ensure that elections are disabled friendly by making special facilities for the physically disabled at all polling stations including laying of ramps, separate queues and special arrangements, a petition alleged.

Urging Madras High Court  to direct Election Commission to make 2014 Lok Sabha polls disabled friendly, the petitioner submitted before the bench comprising of Justice Paul Vasantha Kumar and Justice Sathyanarayan that despite Supreme Court direction on October 5, 2007 to EC to provide ramps and separate queues for physically handicapped nothing much has been done. “The Election Commission is just passing the instructions without any follow-up action to ensure the compliance of instructions,” the judges stated.

“It has become the habit of EC to issue such instructions to show as if it is complying with Supreme Court without ensuring that the same is implemented in reality,” the petitioner said.

The petitioner also stated that the act of chief election commissioner, state election commission, state chief secretary and district collector in not providing suitable arrangements for disabled persons in polling station violative of right guaranteed under Article (14), 9 (1) (a) and 21.

The judges adjourned the hearing to Wednesday after issuing a notice to the Election Commission.

After 42 years wait for govt job, man moves court for pension!

C Shivakumar

Chennai:

After 42 years of wait for a job after registering his name in the employment exchange, E Rajendiran of Thiruverkadu has now approached the High Court seeking Rs 5 lakhs as compensation and Rs 3000 as old age pension.

A fifth standard drop-out, Rajendiran has been renewing the registration in the employment exchange in Tiruvallur for the last 42 years but he never got employment and not even given one call for attending the interview.

The 65-year-old dalit have lost hope in getting a government job and now wanted the state government to sanction him compensation worth Rs 5 lakh besides monthly pension of Rs 3,000.

Hearing the petition, Justice K K Sashidharan in his order stated that the district employment exchange by renewing the registration has given a hope to the petitioner that he is eligible for appointment. Rajendiran has registered his name in 1971 in the employment exchange. The last renewal of registration was done on November 23, 2011 and he was directed to renew the registration on November 2014.

“The issue raised by the petitioner regarding payment of pension to unemployed persons like him, who was denied even an opportunity to appear for interview, should be seriously considered by the government,” the judge observed.

Although the government pleader has informed there is no such scheme in Tamil Nadu, it is high time the government takes a decision taking into account the plight of poor people, who have registered their names on rolls of employment exchange.

“There is no point in telling a person who is having no means of livelihood that he is given various rights under the constitution including preambular promise that the state shall strive to promote the welfare of people by securing and protecting as effectively as it may a social order in which justice, social, economic and political shall inform all the institutions of national life,” the judge observed.

Stating that the petitioner has not given a representation to the state before filing writ petition, the judge observed that state being the guardian of people must be given an opportunity to look into the problem.

The judge said that the petitioner is given liberty to submit a comprehensive representation before the state government indicating his claim for compensation and pension.

“In case, any such representation is given within a period of two months from today, the same shall be completed within a period and disposed of by the state taking into account the plight of the petitioner. Such exercise shall be completed within a period of four months from the date of receipt of representation,” the judge ordered.

writingonblog uncensored: TN justifies decision to issue Rs 2,400 cr commerc...

writingonblog uncensored: TN justifies decision to issue Rs 2,400 cr commerc...: Chennai: Tamil Nadu government on Friday justified its decision to issue Rs 2,400 crore commercial tax demand notices on Nokia India Privat...

TN justifies decision to issue Rs 2,400 cr commercial tax demand notices on Nokia

Chennai:
Tamil Nadu government on Friday justified its decision to issue Rs
2,400 crore commercial tax demand notices on Nokia India Private
Limited stating that the company did not furnish documents to
establish export sales.
Handsets manufactured in India but not exported would entail 4 per
cent Value Added Tax (VAT) payable to the state government.
Advocate-general A L Somayaji on Friday submitted before Justice B
Rajendran that in the absence of proof of exports sales worth more
than Rs 44,000 crore during three assessment years  (2009-10, 2010-11
and 2011-12), the state government was constrained to issue notices to
Nokia.
The judge adjourned the hearing to April 1.
Earlier this week, Nokia filed three separate writ petitions
challenging the huge tax demands and claimed the orders were passed
without lending a ear to company's version and neither granting an
opportunity to it to furnish all relevant documents.
In its petition, Nokia has challenged the assessment order as well as
notice of final assessment and demand (under Rule 5 (6) of the Central
Sales Tax (Tamil nadu) Rules) issued under section 13 (3) and (4) of
the Central sales Tax Act both dated February 28, 2014.

On state government claim that despite given an opportunity Nokia
failed to furnish documents to prove export sales, and thereby claim
VAT exemption, the mobile handset firm said it had submitted only
sample documents because exports sales data were voluminous.
 "Without giving any further opportunity to Nokia, the deputy
commissioner passed the impugned order on February 28 in a biased
manner," Nokia said.

Somayaji, in his arguments stated that though notices were sent for
all the three assessment years, Nokia chose to respond only to 2009-10
notice.
He also rejected Nokia's claim that it was entitled to personal
hearing under Section 22(4) of VAT Act. "It was a case of reopening of
assessment as provided for under Section 27, and there was no room for
personal hearing in the provision," he said.
Opposing interim order of stay, Somayaji said that Nokia has admitted
it is under severe financial difficulties. In view of the admission,
it is important that the court should not grant any interim order of
stay

writingonblog uncensored: HC sets one week deadline to state govt to file co...

writingonblog uncensored: HC sets one week deadline to state govt to file co...: Chennai: Madras High court has ordered the state government to file a counter within a week after a petition challenged the Government O...

HC sets one week deadline to state govt to file counter to a petition challenging RTE GO

Chennai:

Madras High court has ordered the state government to file a counter within a week after a petition challenged the Government Order issued by School Education Department for filling up 25 per cent seats as per the Right to Education Act.

 Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh passed the order after hearing the petition filed by A Narayanan which challenged the GO issued on April 1, 2013 stating that it only gives seven days time for the parents, who are underprivileged and uneducated, to receive, fill up and submit the forms to the concerned schools for availing the RTE quota.

The petitioner stated that because of the impugned order, 69 per cent of eligible children in Tamil Nadu lost their opportunity to avail the constitutional provision of studying in unaided schools across the state in the academic year 2013-14.

The petitioner cited the example of Karnataka which has given more than one month for parents to submit applications to fill up the RTE quota of 25 per cent.

Stating that there is urgency in the hearing and adjudication of the petition as the next academic year is around the corner, the petitioner urged the court for an interim direction to the state government to direct the concerned authorities and school managements including CBSE to not fill up the reserved 25 per cent seats under the RTE Act with other candidates not covered by RTE act till the issue is decided by the High court.

“As a last opportunity, one week time is granted to the state to file the counter,” the judges observed

HC directs I-T dept to verify returns of assessees to check misuse of exemption under section 80G

Chennai:

Madras High Court directed income tax to verify returns of the assesses, including trusts,  who have been given exemption under Section 80G of the IT Act and take action against those who misused the exemptions and spent the money for purposes other than charitable purpose.

A bench comprising of acting chief justice Satish K Agnihotri and Justice K K Sasidharan passed the order after hearing a petition filed by advocate S Saravanan seeking withdrawal of exemption under section 80G of Income Tax to five trusts stating that they are misusing the exemptions and the amount collected by way of donation were used for activities other than charity.

The judges observed that there is no question of issuing a mandamus, directing the Income Tax Department to cancel the approval given to the five charitable institutions under Section 80G of the Income Tax Act without making out a case for such cancellation. “The Income Tax Department has to consider individual cases on merits,” the judges said.

The court also stated that Income Tax department has assured that while considering the returns, the assessing officer would also look into the issue as to whether money received after availing exemption were all used for charitable purposes.

“In case the conditions of exemption are found violated, the authority is empowered to cancel such exemption. Section 293C of the Income Tax Act gives authority to the Central Government or the Board or Income Tax Authorities to withdraw the approval at any point of time,” the judges stated

writingonblog uncensored: IAF aircraft crashes near Gwalior airbase

writingonblog uncensored: IAF aircraft crashes near Gwalior airbase: Chennai: A C-130J  Aircraft of the IAF crashed 72 miles west of  Gwalior airbase on Friday. The aircraft was airborne from Agra at 1000 hr...

IAF aircraft crashes near Gwalior airbase

Chennai:
A C-130J  Aircraft of the IAF crashed 72 miles west of  Gwalior airbase on Friday. The aircraft was airborne from Agra at 1000 hrs for a routine flying training mission. A Court of Inquiry has been ordered to investigate into the cause of the accident, a defence release said.

writingonblog uncensored: HC orders DME to issue bonus marks to three candid...

writingonblog uncensored: HC orders DME to issue bonus marks to three candid...: Chennai: Madras High Court on Wednesday ordered the director of the directorate of medical education (DME) and secretary of selection co...

HC orders DME to issue bonus marks to three candidates who served in rural areas for admission to PG courses

Chennai:

Madras High Court on Wednesday ordered the director of the directorate of medical education (DME) and secretary of selection committee DME to grant bonus marks to three petitioners for admission into post graduate degree or diploma courses for the academic year 2014-15.

Justice B Rajendran after hearing the arguments by advocate S Thanka Sivan on behalf of three assistant surgeons directed the respondents to grant additional bonus marks to the petitioners – S Paramaguru, S Suganya and V Saravanan for services rendered in the remote or difficult areas as contemplated under Government Order 368 by Health and Family Welfare Department for admissing to post graduate degree courses.

Rejecting the contention that the petitioners have not served in hilly areas, the judge said that it is without any basis and when candidates serving in Thiruvarur, Nagapattinam and ramanathapuram districts were given certain concessions, the same yardstick has to be applied in the case of petitioners as well.

He also stated in his order that the court cannot entertain writ petitions praying identical relief sought for in this case because a person who waits for another person to get an order and then approaches court will not be extended the same relief.

The judge said the petitioners are entitled for two more marks for each year of service as per sub clauses 2 and 3 of clause 38 of the prospectus. “If additional marks are awarded, definitely in the ranking given to the petitioners will improve which would enable them for being considered for admission to the post graduate degree or diploma courses

writingonblog uncensored: HC issues two week notice to State Human Rights Co...

writingonblog uncensored: HC issues two week notice to State Human Rights Co...: Chennai: Madras High Court has issued a two weeks notice to State Human Rights Commission after a petitioner challenged its order al...

HC issues two week notice to State Human Rights Commission over a petition challenging its order

Chennai:

Madras High Court has issued a two weeks notice to State Human Rights Commission after a petitioner challenged its order alleging that the rights body has ignored the powers given to it under section 13 of Protection of Human Rights Act and delegated it to district superintendent of police.

The first bench comprising Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh passed the order after the petitioner E Saravanan alleged that despite complaining about alleged police atrocities to State Human Rights Commission, the rights body did not call him for any enquiry and suo moto closed the complaint while directing the superintendent of police, Salem to enquire into the complaint filed on January 30, 2014.

Urging High Court to quash SHRC order seeking the court direction to the rights body to conduct an enquiry, the petitioner alleged that that the order is contrary to provisions of human rights act as SHRC has no right to refer the matter to an officer when itself is empowered to enquiry and conduct the case.

The petitioner alleged that SHRC ignored his complaint where he questioned the detention of him, his aged father and his sister based on mere allegation of commission of an offence made against a person.

writingonblog uncensored: Blindfolded orders by lower court an anathema to f...

writingonblog uncensored: Blindfolded orders by lower court an anathema to f...: Chennai: Madras High Court has slammed sessions judge and judicial officers in Vellore for denying bail to a person who was booked under...

Blindfolded orders by lower court an anathema to freedom loving people, says Madras High court

Chennai:

Madras High Court has slammed sessions judge and judicial officers in Vellore for denying bail to a person who was booked under section 212 Indian Penal Code, a bailable offence, and said blindfolded orders are an anathema to freedom loving people.

Judge P Devadass after hearing a petition of one Sathya, who was denied bail in a bailable offence for harbouring an offender and helping him escape by the principal sessions judge, said that mechanical and blindfolded orders always militates against basic, fundamental freedom guaranteed to the citizens in Article 21 of the constitution of India. “They are anathema and affront to freedom loving people,” he observed.

Granting bail to Sathya, who is languishing in jail for more than a month, the judge said the petitioner is in jai not in accordance with the procedure established by law.

“His detention after denial of bail is against law. Judicial power and discretionary power conferred upon the judicial bodies under code or under statutes has to be exercised in accordance with law, as mandated in the concerned enactment, in this case it is Code of Criminal Procedure,” the judge observed.

“The sessions judge seem to have frightened because of making Section 212 Indian Penal Code read with Section 302 IPC. But he ought not to have been carried away by such kind of adding. He should be carried away only by the language of law,” the judge stated.

“However, an accused may be wicked or worst, he too is entitled to the protection or benefits of law. Because he is involved in a criminal case, he is not denude of his basic freedom, statutory rights, such as provided in Section 436 of criminal procedure code,” the judge said.

The judge also said the accused shall execute his own bond for Rs 5000 to the satisfaction of judicial magistrate. He shall appear before the police as and when required for interrogation.

writingonblog uncensored: Painting of leaves on mini-buses to be concealed a...

writingonblog uncensored: Painting of leaves on mini-buses to be concealed a...: Chennai: The government mini-buses plying in Chennai will not have the painting of leaves on it after Madras High Court on Tuesday uphel...

Painting of leaves on mini-buses to be concealed after HC upholds EC order

Chennai:

The government mini-buses plying in Chennai will not have the painting of leaves on it after Madras High Court on Tuesday upheld the order passed by Election Commission to conceal the painting.

Stating that the impugned order of Election Commission pertaining to drawing of leaves cannot be construed to be stigmatic on AIADMK, the first bench comprising of acting chief justice Satish K Agnihotri and Justice M M Sundaresh said the observation made on the resemblance between the symbol of the petitioner and the painting on the mini buses is to be construed only for the purpose of avoiding a possible confusion in the minds of the voters.

The judges also observed that there is no wilful or deliberate act on the part of state government and Metropolitan Transport Corporation in undertaking the painting on the mini-buses.

Stating that the High Court is not inclined to exercise its judicial review over the decision made by Election Commission and chief electoral officer, the judges observed that while exercising a discretionary power of review over a decision rendered by a Constitutional body, a self-restraint is required. “There has to be a harmony between two constitutional functionaries,” they stated.

“The issue is not one of the resemblance, but one of a likelihood of creating confusion in the minds of the voters. When there is a reasonable doubt leading to a decision made by Election Commission and Chief electoral officer, then this Court, in the normal circumstances, shall not sit in judgment over the same,” the judges stated.

“We do not find anything unreasonable or arbitrary in the action of Election Commission. In fact, EC has rejected the other complaints made indicating the fairness in the decision made. Moreover, in view of the stand taken in the affidavit of chief electoral officer, the grievance of the petitioner is satisfied as it is its own case that the painting does not resemble its symbol,” the judges stated. 

writingonblog uncensored: EC considering Thumbs Down as a symbol to represen...

writingonblog uncensored: EC considering Thumbs Down as a symbol to represen...: Chennai: The Election Commission on Tuesday told Madras High Court that it will consider the symbol of Thumbs Down  to represent none of...

EC considering Thumbs Down as a symbol to represent NOTA

Chennai:

The Election Commission on Tuesday told Madras High Court that it will consider the symbol of Thumbs Down  to represent none of the above (NOTA) option in electronic voting machines.

G Rajagopalan, senior counsel for the election commission submitted before the first bench comprising Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh that the suggestion made by the petitioner advocate S Sathiachandran that a symbol for NOTA may be designed on the lines of “Thumbs Down” may be considered.

Sathiachandran in his petition said that such an icon is widely used in day-to-day parlance and especially in social network sites to indicate one’s “dislike” over anything.

The petitioner has stated that the right of voters to register ‘NOTA’ would be better and effectively exercised if the Election commission identifies an apt or suitable symbol to represent NOTA and puts the same into use by printing the same in the ballot paper or providing a button in the EVMs.

Rajagopalan also submitted before the High Court that NOTA will be printed on the ballot papers to be used in Tamil Nadu for the ensuing Lok Sabha elections. He also submitted that it will also be printed in Tamil.

writingonblog uncensored: VCK to get symbol before March 29

writingonblog uncensored: VCK to get symbol before March 29: Court orders DGP to provide security for Thirumavalan Chennai: Viduthalai Chiruthaigal Katchi is likely to get a poll symbol before Marc...

VCK to get symbol before March 29

Court orders DGP to provide security for Thirumavalan

Chennai:
Viduthalai Chiruthaigal Katchi is likely to get a poll symbol before March 29, the official date of notification.
The Madras High Court has directed Election Commission to allot Star or any other symbol from the free list of symbols to VCK to contest the upcoming parliamentary election scheduled for April 24, 2014.
The order was issued by first bench comprising Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh after hearing the submission of G Rajagopalan, senior counsel for the election commission that representations made by VCK treasurer M Mohamed Yousuf is under consideration of Election commission.
The judges said that EC and chief electoral officer should consider the petition and pass orders in accordance with law before the official date of notification.
Yousuf has submitted before the High court that even though Star symbol was allotted to Mizo National Front, it would not create any hardship or loss to anyone or any other political party in Tamil Nadu if VCK is allotted Star symbol.
He has urged that EC should allot Star or any one symbol from the free symbol list as the election symbol for VCK to contest in Chidambaram and Thiruvallur constituencies during the Lok Sabha polls.
In a separate order, Madras High Court has directed director general of police to provide personal security officer (PSO) as security for VCK leader Thol Thirumavalan.
Justice C T Selvam, after hearing the petition of Thirumavalan urging the court to issue directions to the police to provide him with security as he got threats from various communal outfits, said that public prosecutor has impressed upon the court for providing for a PSO would be a matter for a reviewing committee to decide upon.
“The court is of the opinion that providing police protection , the purpose can only be enhanced by affording the availability of PSO,” the judge observed.
The court takes note of Director General of Police stating that police protection will be given to political leaders including the petitioner. The court directs the DGP to provide the petitioner with PSO till the completion of Lok Sabha polls, the judge said.

writingonblog uncensored: RPO gives clean chit to TN fisheries minister

writingonblog uncensored: RPO gives clean chit to TN fisheries minister: Chennai: The region passport officer has given a clean chit to Tamil Nadu Fisheries Minister A Jayapal stating he has not suppressed any...

RPO gives clean chit to TN fisheries minister

Chennai:

The region passport officer has given a clean chit to Tamil Nadu Fisheries Minister A Jayapal stating he has not suppressed any material information relating to any case in the passport application for obtaining passport as there has been no proceedings against him in respect of any offence pending before a criminal court.

Regional Passport Officer C Senthil Pandian submitted before the first bench comprising of acting chief justice Satish K Agnihotri and Justice M M Sundaresh that the minister was implicated in a criminal case but there has been no charges till date neither any arrest warrant or summons pending against him.

In a counter affidavit filed against a petition directing the regional passport officer to initiate legal action against the state fisheries minister for the act of suppression of facts and obtaining passport by furnishing false certificate and false address, Pandian said that the petitioner after a showcause notice issued to him has stated that he has been implicated in a criminal case on the file of Nagapattinam Town Police Station and reported there has been no charges framed against him till date.

A petition has alleged that the minister is facing criminal case under section 147, 148, 342, 323, 324 and 307 of Indian Penal code along with section 3 (1) of the Tamil Nadu Public Property (Prevention of Damages and Loss) Act, 1992, which is pending before judicial magistrate, Nagapattinam.

Pandian said that on the basis of complaint from one G Kaliyamurthy, he issued a showcause notice to the minister seeking explanation as to why for having suppressed material information in the relevant column in his passport application, the passport issued to him should not be impounded. “He was given 15 days time from the date of issuance of the aforesaid showcause notice, failing which he was informed necessary action will be taken to impound the passport issued to him,” Pandian, who was represented by his counsel Haja Mohideen Gisthi, said.

Pandian said the minister stated that there is no arrest warrant or summons pending against him before any court of law in India. He also said that Jayapal has submitted that he has not suppressed any material information relating to any case in the passport application for obtaining passport as there has been no proceedings against him in respect of any offence pending before a criminal court of India.

The judges adjourned the hearing for one week.

writingonblog uncensored: Madras HC upholds death sentence to convict involv...

writingonblog uncensored: Madras HC upholds death sentence to convict involv...: Chennai: Madras High Court on Monday confirmed the death sentence awarded on Manoharan, the only surviving accused in the gang-rape a...

Madras HC upholds death sentence to convict involved in rape and murder of school children

Chennai:

Madras High Court on Monday confirmed the death sentence awarded on Manoharan, the only surviving accused in the gang-rape and murder of two school children, by the sessions judge of Mahila court in Coimbatore.

Mohanakrishnan, the other accused in the crime, was killed in an encounter with the police two weeks after the incident which happened on October 29, 2010.

Justice S Rajeswaran and Justice P N Prakash passed the 98-page order while stating that the accused will be a menace to the society as could be inferred in the manner in which he raped a 10-year old girl and pushed a 7-year old boy in the canal.

The judges while quoting a Supreme Court verdict in similar circumstances said that they have to follow the path of the Apex Court.  “The two children were kidnapped, one of them gang raped and both of them were given poison and pushed into the canal alive where they suffered a watery grave. We are inclined to follow the foot steps of the Supreme Court and we hereby confirm the award of death sentence to Manoharan, the accused,” the judges observed while quoting from Vana Parva in Mahabharata on whether it is dharmic to award penalty. 

Setting aside charges pertaining to kidnapping and holding the children for ranson, the judges said that motive for murdering the children was to cover up the evidence of kidnapping by Mohanakrishnan and rape by both of them.

“The offence is one of rape of a minor and murder of two children. The hands of girl were tied behind and one after the other they have raped her. After committing rape, cow dung powder which contains auramine and which is normally used for  committing suicide was purchased from a shop and milk was purchased from another shop,” the judges observed.

The judges also rejected the theory by the defence counsel A Raghunathan questioning the evidence of under garments as well as strands of hair hairs that may have been planted by police. “If we are to allow ourselves to be persuaded by this argument, it would lead to ludicrous results in as much as we will be holding that the Judicial Magistrate had also connived with the Police in this alleged concoction,” they observed.

The children were picked up from their home by Muthukrishnan, who was the ex-driver of Surya Cabs October 29, 2010. He was later joined by Manoharan. The duo initially planned to extort money but later changed their plans. The girl was raped and then both the children were thrown into the canal at different places by Muthukrishnan and Manoharan

writingonblog uncensored: Bosch commissions 5MW solar power plant in TN

writingonblog uncensored: Bosch commissions 5MW solar power plant in TN: Thuraiyur: Bosch Limited, a leading supplier of technology and services, commissioned a five megawatt solar power plant in Tamil Nadu fo...

Bosch commissions 5MW solar power plant in TN

Thuraiyur: Bosch Limited, a leading supplier of technology and services, commissioned a five megawatt solar power plant in Tamil Nadu for its customer M/s. Sri Vinayaga Green Power Generation Private Limited.

Installed on a 23 acre land, Bosch provided turn-key solutions to the power plant and is responsible for engineering, procurement and construction of the same. Estimated to produce close to 7.6 million units a year, the generated power would therein be sold to third-party power consumers.

 The solar power plant has been provided with mono-crystalline silicon solar panels and high-efficiency central inverters. Various components such as solar panels, inverters, structures and other equipments have been sourced from approved partners of Bosch.

In 2011, Bosch Ltd. marked its entry into the energy portfolio and has since been offering quality and innovative products and solutions, initially through the installation of smaller solar capacity projects on roofs of industries, colleges, hotels and apartment complexes. Apart from the current installation of the power plant in Tamil Nadu, the team is currently in the process of commissioning two projects of one megawatt each in Andhra Pradesh and Haryana. Over the past two years the company has also developed several roof-top installations ranging from 25 kWp to 200 kWp capacity across India.

Madras HC dispenses with the personal appearance of Dinamalar editor in defamation case

Chennai:

The Madras High Court has dispensed with the personal appearance of the Editor of Tamil Daily Dinamalar over a criminal defamation complaint filed by the Trustees of Arulmigu Angalaparameswari and Kasi Viswanathaswamy Temple before II Metropolitan Magistrate Court.

Justice C T Selvam before whom the criminal original petition was filed by the editor, Dinamalar, said the editor has been dispensed with the personal appearance before the II Metropolitan Magistrate Court till the copies of complaint and the sworn statement recorded in the Criminal Case is furnished.

He also directed the registry to circulate the order copy to the below courts enabling them to follow the orders passed by High Court in 1998 in case of furnishing copies of the complaint to the accused along with summons.

The Editor of Dinamalar approached the High Court with a prayer to dispense with the personal appearance and to direct the Magistrate’s Court to furnish with the complaint copy and the sworn statements of the complainants to him.

writingonblog uncensored: HC rejects petition of AEC challenging tribunal or...

writingonblog uncensored: HC rejects petition of AEC challenging tribunal or...: Chennai: The Madras High court has rejected the petition of Atomic Energy Commission and director of Indira Gandhi Centre for Atomic R...

HC rejects petition of AEC challenging tribunal order

Chennai:

The Madras High court has rejected the petition of Atomic Energy Commission and director of Indira Gandhi Centre for Atomic Research, Kalpakkam, challenging the Central Administrative Tribunal order to provide GPF and other benefits under Central civil service (pension) rules 1972 to 16 employees absorbed as temporary workers in 1999.

Justice N Paul Vasanthakumar and Justice M Sathiyanaryanan after hearing the petitions from Atomic Energy Commission and director of Indira Gandhi Centre for Atomic Research, Kalpakkam which challenged the order to extend the benefit of pension under old pension scheme with effect from December 1999, said that the respondents have been appointed as casual labourers and subsequently conferred temporary status from December, 31, 1999.

"Merely because they have been absorbed permanently in 2005 in Group D service, they cannot be denied of their statutory right," the judges stated.

"The tribunal has approached the issue in a proper perspective and we confirm the said findings of tribunal," they stated.

writingonblog uncensored: TN special police youth brigade not a police force...

writingonblog uncensored: TN special police youth brigade not a police force...: Chennai: The Madras High Court has observed that Tamil Nadu Special Police Youth Brigade will not come under the purview of Tamil Nadu...

TN special police youth brigade not a police force says Madras High Court

Chennai:

The Madras High Court has observed that Tamil Nadu Special Police Youth Brigade will not come under the purview of Tamil Nadu District Police Act and Tamil Nadu City Police Act as it is not a police force.

Justice S Nagamuthu after hearing petitions put forth by S Kirubakar and M Damodaran who challenged the selection process under Special Police Youth Brigade, rejected  arguments of the Additional Government Pleader that the Tamil Nadu Special Police Youth Brigade is a police force and stated that so far as Tamil Nadu is concerned there are two enactments known as “The Tamil Nadu District Police Act 1859” and” The Chennai City Police Act 1888” under which Police Force has been reorganized and which are the instruments for the prevention and detection of Crimes.

Two petitioners-- S Kirubakar and M Damodaran have stated in their petitions before the court that they secured more than the required cut off marks in all the tests conducted for the post of constable in Tamil Nadu Special Police Youth Brigade. But Kirubakar was not selected and Damodaran who got appointment and went to training later on was served with order of cancellation of appointment by the authorities.

While Kirubakar filed a writ petition challenging his non-selection, Damodaran filed writ petition challenging the cancellation order served on him. Both were not considered on the ground that they were involved in Criminal Cases. The case filed against Kirubakar was once for all closed as false and as on the date of application for the post there had been no criminal case pending against him. In the case of Damodharan on whom a criminal case was filed, it ended with an acquittal.

Justice S Nagamuthu directed the Uniform Services Selection Board to issue appointment order to S Kirubakar within a period of four weeks from the date of receipt of the copy of the order. However, he dismissed the petition filed by Damodharan and said that even though the case filed against him will not go to show that he has got a bad character so as to deprive him of employment. He is guilty of suppression of material fact of his involvement in the criminal Case he is disqualified for the appointment.

The Judge also observed that characterizing youth as unfit for public employment would amount stigmatizing them thereby infringing upon their right to live. The judge also stated that the Central and State governments till date have not laid down guidelines pertaining to the problems of rehabilitation of ex-convicts with emphasis on the need for their employment under the Government as discussed and deliberated in the “All India Seminar on Correctional Service” held at New Delhi long back in 1969

writingonblog uncensored: HC to decide on painting of two leaves on small bu...

writingonblog uncensored: HC to decide on painting of two leaves on small bu...: Chennai: Madras High Court has reserved it order on AIADMK petition challenging the Election Commission order on painting of leaves on b...

HC to decide on painting of two leaves on small buses on March 25

Chennai:

Madras High Court has reserved it order on AIADMK petition challenging the Election Commission order on painting of leaves on buses to March 25.

Chief Electoral Officer Praveen Kumar on Friday defended Election Commission’s decision to conceal painting of leaves on government buses stating that AIADMK’s “two leaves” symbol and painting of leaves on government buses is likely to be confused with the symbol of the ruling party.

In affidavit filed on behalf of The Chief Election Commissioner on Friday, Kumar submitted before the first bench comprising acting chief justice Satish K Agnihotri and Justice M M Sundaresh that the decision to conceal the painting of leaves in the government buses which was done at government coast was taken in order to ensure equal level playing field among all political parties and in interest of free and fair elections.

The Election Commission passed the order to conceal the painting of leaves appearing on mini-buses in Chennai so that it does not become mobile advertisements for the party, Kumar submitted.

The affidavit was filed after Madras High Court has directed the election commission to submit details on the basis of which it had decided to conceal the painting on small buses.

writingonblog uncensored: HC expresses displeasure over special court order ...

writingonblog uncensored: HC expresses displeasure over special court order ...: Chennai: Madras High Court expressed its displeasure over an order of the special court hearing the wealth case against Chief Minist...

HC expresses displeasure over special court order on wealth case

Chennai:

Madras High Court expressed its displeasure over an order of the special court hearing the wealth case against Chief Minister J Jayalalithaa and said Bangalore court had not shown ‘due respect’ to the observations of the High Court.

Expressing his displeasure while referring to the March 14 order of the special court dismissing a petition filed by a Chennai-based company Lex developers and imposition of Rs 10,000 cost on it, Justice A Arumughaswamy said, “It gives an impression that the special court has not shown due respect to the observations, as is expected from a judicial forum which maintains judicial discipline and decorum.”

The special court had dismissed the interlocutory application filed by the company stating no such observation was made by Madras High Court. “If the position is being so, it is incorrect on the part of special court to say that no such observation was made by the court,” the judge said.

The disproportionate wealth case, which was registered against Jayalalithaa in 1996, was being heard at a special court in Chennai. It was, however, transferred to a special court Bangalore by Supreme Court order on November 18, 2011, on a petition filed by DMK general secretary K Anbazhagan.

Among the assets attached or seized by the prosecution were the properties of Lex which had been attached by police. When Lex moved the high court for appropriate orders, the court in 2011 directed it to approach the special court in Bangalore. The court also made it clear that if such a petition was filed, the special court would dispose of the matter “at first instance, before taking the main case towards its finality.”

On March 14, the special court dismissed Lex’s petition with Rs 10,000 cost. Aggrieved, the company came back to the Madras High Court seeking certain clarifications to its order.

Justice Arumughaswamy said the company must work out its remedy before the High Court of Karnataka. He, however, observed that, “The special court in Bangalore is, of course, not bound by the observations made by me in the earlier order. But, at the same time, the earlier order of this court certainly will have a persuasive value before the special court since the petition was filed only in pursuance of the observations made by the court. The special court cannot simply ignore the observations made by this court,” he said.

“Judicial discipline and decorum requires that a subordinate court, whether subordinate to the particular or not, if there is any observation by such High Court should be considered  while decision making,” the judge said.

He also said the petitioner is entitled to file clarification application before the court against the order passed by this court.

Madras HC rejects Union Home Ministry plea over freedom fighter’s pension

Chennai:

Madras High Court has dismissed the writ appeal of under secretary of Union Home Ministry which challenged the single judge order to grant freedom fighter pension to the widow of a freedom fighter from the date of application.

Justice N Paul Vasanthakumar and Justice M Sathyanarayanan in their order dismissed the contention that that the sanction of "Swatantra Sainik Samman Pension" can be ordered to the freedom fighters from the date of application only, if there is clear proof and not in doubtful cases.

They ordered the appellant Union Home Ministry to implement the order of the Single Judge within a period of three months from the date of receipt of a copy of this order.

Citing principles spelt out to ensure that no genuine freedom fighter was denied pension under the Scheme, the judges said the criterion for pension under the Scheme is not age, but participation in freedom struggle.  The freedom fighters' pension can, therefore, in exceptional cases, be granted even to those who were minors at the time of struggle, if evidence clearly showed that they had participated in the freedom struggle and fulfilled the requirements of the Scheme.

The judges also quoted an  earlier judgement which stated that the approach of the authorities implementing the Scheme should not be obstructionist or technical while examining the applications and documents produced, but be practical having regard to the fact that most of the applications are by old persons with no proper records

writingonblog uncensored: Plea to restore security to BJP functionary murder...

writingonblog uncensored: Plea to restore security to BJP functionary murder...: Chennai: After police withdrew protection to the key eyewitnesses in the murder of BJP State general secretary ‘Auditor’ V Ramesh in S...

Plea to restore security to BJP functionary murder witnesses

Chennai:

After police withdrew protection to the key eyewitnesses in the murder of BJP State general secretary ‘Auditor’ V Ramesh in Salem, a plea has been filed in Madras High Court to restore it.

The petition filed by V Seshadri, elder brother of deceased Ramesh, before Justice B Rajendran stated that lives of him, his brother’s wife Subha Ramesh and watchman Jayaraman are in danger as police withdrew protection without arresting the prime accused in the murder of the BJP functionary in Salem.

Seshadri stated that immediately after the murder of Ramesh, the state government provided security to him (Seshadri), Ramesh’s wife and watchman Jayaraman. But this was suddenly withdrawn on February 28, 2014 without any reason.

Abu Bakkar Siddhique, the prime accused in the case has not been arrested and those elements in and around Salem City who helped the terror group in murdering my brother are yet to be arrested. I being the de-facto complainant, mine and other eyewitnesses lives are in danger from the accused and their henchmen as the police protection has been withdrawn, stated Seshadri, who is also the zonal in-charge of Akhil Bharatiya Vidyarthi Parishad (ABVP).

The judge after hearing the petition issued notice to home secretary, director general of police and Salem police commissioner.

writingonblog uncensored: HC directs EC on to submit details on what basis i...

writingonblog uncensored: HC directs EC on to submit details on what basis i...: Chennai: Madras High Court has directed the election commission to submit details on the basis of which it had decided to conceal the pa...

HC directs EC on to submit details on what basis it decided to cover the leaves on small buses

Chennai:

Madras High Court has directed the election commission to submit details on the basis of which it had decided to conceal the painting on small buses.

The first bench comprising Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh on Thursday also made it clear that election commission has power to pass such orders.

G Rajagopalan, senior counsel for the election commission sought time till Friday to clarify as to how the decision was taken on the basis of perception and subjective satisfaction of election commission authorities.

Advocate-general A L Somayaji, assisted by counsel for transport corporations I S Inbathurai, said transport department should have been heard by the commission. “They took the decision without giving notice,” he stated.

He also stated that EC observation that the paintings were virtual advertisement for the AIADMK, amounts to casting aspersions on the government.

R Muthukumaraswamy, senior counsel for Jayalalithaa, reiterated the stand that the two sets of green leaves painted on small buses had no resemblance to the party’s registered symbol of Two Leaves.

Meanwhile, DMK treasurer M K Stalin in his counter affidavit stated that his party reserves its right to agitate the unresolved issues and objectionable decisions made by the election commission more particularly in refusing to cover the giant sized Two Leaves  statue erected at MGR memorial.

Stalin also submitted that he also reserves his right challenge to challenge generic term ‘Amma’ on government schemes.

writingonblog uncensored: Advocates lay siege to chief justice’s court hall

writingonblog uncensored: Advocates lay siege to chief justice’s court hall: Chennai: Madras High Court proceedings were disrupted on Thursday morning after a group of about 20 advocates demanding Tamil be made of...

Advocates lay siege to chief justice’s court hall

Chennai:

Madras High Court proceedings were disrupted on Thursday morning after a group of about 20 advocates demanding Tamil be made official language of the court laid siege to the Chief Justice’s court hall on Thursday.

The incident happened when the first bench of Acting Chief Justice Satish K Agnihotri and Justice M M Sundresh was hearing the mentioned matters at 10.30am. Eyewitnesses said the advocates sporting black cloths around their mouth stormed into the court hall raising slogans. The protest lasted for nearly an hour.

Justice Agnihotri urged the advocates to maintain decorum. Later the judges retired to their chambers.

Interestingly, this also comes in the wake of fast by a section of advocates for more than a week demanding withdrawal of an administrative order issued by the high court administration in 1994 disallowing Tamil for arguments and judgments.

During the melee arguments also broke out between senior advocate G Rajagopalan and the agitating group as the former took exception to court proceedings being disrupted. Special government pleader I S Inbathurai and others too sprang in the support of Rajagopalan.

R C Paul Kanagaraj, president of Madras High Court Advocates Association (MHAA) placated the demonstrators. He said that the court required a few days to discuss the issue among judges, some of them sitting in Madurai bench.

Meanwhile,  social activist Traffic K R Ramasamy created a stir when he protested  near the chief justice’s chambers demanding action against the advocates who disrupted court proceedings. He was led away by police personnel on duty.

writingonblog uncensored: Chennai Metro Rail plans a skyscraper to accommoda...

writingonblog uncensored: Chennai Metro Rail plans a skyscraper to accommoda...: C Shivakumar Chennai: Chennai Metro Rail is planning to build a skyscraper in around ten acre plot of land in Nandanam to house its ...

Chennai Metro Rail plans a skyscraper to accommodate HQ

C Shivakumar

Chennai:

Chennai Metro Rail is planning to build a skyscraper in around ten acre plot of land in Nandanam to house its headquarters.

Chennai Metro Rail sources told Express that the plans for the multi-storied building is at the initial stage. It could be anywhere more than 20 to 25 storey building.

It is believed the building could be built provided it gets clearance from Chennai Metropolitan Development Authority as well as Airport Authority of India.

A Metro rail spokesman said that piling work for the headquarters has already started but refused to provide any further details stating that the work is at an initial stage.

The spokesman also said that tenders for incomplete seven stations on elevated stretch has been issued. The stations include Koyambedu, CMBT, Arumbakkam, Vadapalani, Ashok Nagar, Ekkatuthangal and Alandur.

After contract of Consolidated Construction Consortium Limited (CCCL) was terminated for the delay in the completion of these stations, Chennai Metro Rail is trying to complete the work in time so that the elevated stretch between Koyambedu and St Thomas could be thrown open to public this year.

Meanwhile, a total of 32 percentage of work on the tunnelling section is complete besides the Koyambedu depot would be getting two more trains by the end of this month.

Currently, there are seven trains in the depot, including two indigenously made trains at the Sri City plant. “We will be getting two more from Brazil by next week,” the spokesman said.

Meanwhile, Chennai Metro rail’s mock up at Chennai Moffusil Bus Terminus will be thrown open in the next two to three days. “We are planning to erect a barricade before opening it for display,” said the spokesman. The mock-up was built in Sao Paulo, Brazil.