Next Chief Justice of India favours reservation in higher judiciary

 

R. BALAJI
New Delhi, July 1: Chief Justice of India-designate Justice P. Sathasivam has favoured reservation for members of the Scheduled Castes, Scheduled Tribes and the Other Backward Classes in the higher judiciary, such as Supreme Court and high court judges’ posts.

Justice Sathasivam, who will take over as the country’s Chief Justice on July 19 from the incumbent, Justice Altamas Kabir, felt that members of the SCs, STs and OBCs could be elevated to the higher judiciary by giving them certain concessions in the appointment process, provided they fulfilled minimum requirements.

In an interview with The Telegraph here today at his residence, Justice Sathasivam said that such an arrangement would go a long way in assuring all sections of the society that their well-being was taken care by the country, irrespective of their social moorings.

“Yes, you are correct. We need to have some sort of reservation and representations for SCs, STs and OBCs. But at the same time we cannot ignore the minimum standards which are already in vogue for appointment. It does not mean we have to select a person far junior or who lacks merit. But we have to give them some concession,” the judge said.

“But they must satisfy the minimum requirements. It is in our (judges) mind. You can also say it is in my mind. I am anxious that persons from SC, ST and OBCs are appointed. Of course, there are members of the OBCs who are already in the higher judiciary,” Justice Sathasivam said in response to a query.

Although not specifically related to the ongoing tussle between the Bengal government and the state election commission on the former’s plea to re-schedule the panchayat polls in view of the Ramazan month, the Chief Justice-designate said courts and the election commission have to take note of public sentiments.

Refraining from directly commenting on the Bengal situation, Justice Sathasivam said: “Normally, the courts and the election commission have to take note of the sentiments of the people if the majority of the people feel inconvenienced. For example, during the Ramazan month, many employees leave their offices early. Even judges leave the courts early… that is because a devout Muslim is not allowed even to swallow his saliva. So we can’t have rigid rules or any straitjacket formula for such an issue. It all depends on the facts of each case.”

He rejected the government’s bid to bring in a judicial appointments commission to replace the present collegium system. Justice Sathasivam said the government could not claim that it would have its own representatives in the judiciary.

“The government cannot include their names as, by and large, the high court and the Supreme Court collegiums keep everything in mind while giving representations to all sections. Law officers like advocates-general, additional advocates-general, central government law officers, government pleaders are provided representation in the appointments,” he said.

The Chief Justice-designate agreed with a suggestion that judges of the Supreme Court should have a cooling period before accepting post-retirement jobs in tribunals like TDSAT (the Telecom Disputes Settlement Authority Tribunal), CAT (the Central Administrative Tribunal), NCDRC (the National Consumer Disputes Redressal Commission) to insulate the judiciary from allurement from political executives.

Conceding that the judiciary was not 100 per cent free of corruption, Justice Sathasivam said that the institution was still transparent unlike other wings like the legislature and the executive.

He pointed out that if a presiding judge in a subordinate court passed an order on the basis of some extraneous considerations, it was liable to be set aside by the higher judiciary — a remedy not available to the citizens before the other wings of the government.

 

 

 

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#India – Tribal Woman raped in bus, helper arrested #Odisha #Vaw

RAPE

Odisha Tribal woman raped in moving bus

PTI : Bhubaneswar/Cuttack, Wed Jun 19 2013, 1

TOP ST

A 25-year-old tribal girl was allegedly raped by the helper of an air-conditioned luxury bus in which she was travelling, police today said. The accused identified as Susanta Hembram has been arrested for allegedly raping the tribal girl, resident of Mayurbhanj district of Odisha, in the moving bus on Sunday night when other passengers were fast asleep, they said.

In her complaint, the victim alleged that Hembram raped her in the rear seat of the private bus en route Jagatpur near Cuttack, between 3 to 3.30 am when there were only few passengers and all of them were asleep, City DCP S Praveen Kumar said.

Hembram is believed to be an acquaintance of the victim,who works as a domestic help in Jagatpur, on the outskirts of Cuttack city. The incident came to light when the girl was rescued by some people at Gatiroutpatna, about 5 km from Cuttack on Cuttack-Jagatsinghpur road yesterday.

The Mahila police station of the city after registering a case sent both the accused and the victim for medical examination on the day. A police scientific team is also assisting the city police in investigating the case.

The State Transport Commissioner Surendra Kumar informed that the permit of the passenger bus in which the crime was committed has been cancelled. “It is one of the primary duties of the bus staff to ensure that the passengers boarding the buses travel safely and reach their destinations unharmed,” Kumar said. Meanwhile, the Private Bus Owners’ Association condemning the incident has demanded that stringent punishment should be given to the bus helper and urged the bus owners to ensure that the credentials of the persons are verified properly before they are recruited to perform duties in the buses plying at night.

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#India- Supreme Court agrees to hear PIL on US surveillance of Internet data

PTI : New DelhiWed Jun 19 2013,
Court
Supreme Court. (IE Photo)
The Supreme Court today agreed to give an urgent hearing to a PIL on the issue of US National Security Agency snooping on Internet data from India and seeking to initiate action against Internet companies for allowing the agency to access the information.

Agreeing to hear the PIL filed by a former Dean of Law Faculty of Delhi University Professor S N Singh, a bench of justices A K Patnaik and Ranjan Gogoi posted the case for hearing next week.

In his plea, Singh has alleged that such large scale spying by the US authorities is detrimental to national security and urged the apex court to intervene in the matter. He has claimed that the Internet companies are sharing information with the foreign authority in “breach” of contract and violation of right to privacy.

“As per reports, nine US-based Internet companies, operating in India through agreements signed with Indian users, shared 6.3 billion information/data with National Security Agency of US without express consent of Indian users.Such larges cale spying by the USA authorities besides being against the privacy norms is also detrimental to national security,” the petition, filed through advocate Virag Gupta, has said.

Singh has submitted that it is a breach of national security as government’s official communications have come under US surveillance as services of private Internet firmsare being used by them. He has sought directions to the Centre to “take urgent steps to safeguard the government’s sensitive Internet communications” which are being kept outside India in US servers and are “unlawfully intruded upon by US Intelligence Agencies through US-based Internet companies under secret surveillance program called PRISM”.

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Vedanta’s #CSR : Resettlement ‘prison’ and false arrests at Lanjigarh #WTFnews

18th June, 2013.  This report comes direct from members of the Foil Vedanta team on the ground in Niyamgiri:

Vedanta’s resettlment colony at Lanjigarh with Niyamgiri

Vedanta Raj- Age of New License Raj and Draconian Policing

On 7th June 2013, a four member team visited the Vedanta re-settlement colony in Lanjigarh, known as Vedanta Nagar, to interview a few people people settled there. As soon as we entered the colony, Vedanta’s Public Relations Officer – Mr. Siddharth Behera, and the Associate officer in charge of the colony – Mr Srikant Bohidar appeared riding a motorcycle, and started questioning us about what we were doing there and who we were. One of our team was a journalist with a press card, when he showed this one of the officers looked particularly worried. He started calling up higher level officials.

 

While two of us talked to these purveyors of ‘Corporate Social Responsibility’, the other two rushed to the house of Tula Dei whom we knew from before. Tula Dei and her family, from Sindhabahili village, was among the people who had vehemently resisted Vedanta when the refinery was being built in Lanjigarh, for which twelve villages were cleared. She and her family had refused to vacate their house and did not succumb to the pressure and force tactics applied by Vedanta. When we met Tula Dei, she informed us that they had to ultimately vacate their house and accept Vedanta’s resettlement package, as the poisonous smoke and dust from the refinery were affecting her and her families’ health and made it impossible to live there any longer. She complained how she still had not received her ‘patta’ and land document papers from Vedanta, and they had been not given the promised settlement money. She also informed us that her husband had been arrested by the police in January 2013, and has been in jail since then. She had not been provided any details by the police regarding what charges her husband had been arrested on –

Tula Dei resisting eviction from her old house

I have no idea why they arrested my husband. The police and lawyers do not give us any details. False charges must have been framed against my husband. They are constantly trying to intimidate and harass us. Whenever we raise our voice in protest, they frame some charge and arrest a family member. Our family’s livelihood has been completely destroyed. Vedanta has ruined our lives ever since it came here. Fear and injustice is all we have known since then”

 

As we were taking this interview with our video camera, the Vedanta official who was questioning us earlier, arrived at Tula Dei’s house, along with another CSR official. When we asked them why Tula Dei had not received any land documents yet, one of them replied saying,

 

These people came on the third and last phase, so their documentation is delayed. It should arrive in a week’s time. Initially they had resisted the company, but later on because of dust and other problems, they decided to accept the company’s package”.

 

This official however, denied having mentioned ‘dust and other problems’ when we interrogated him just seconds later about villagers around the refinery and resettled villagers, having TB and other diseases, —- “they drink too much, it has nothing to do with the refinery or pollution”, he said. We then asked them if we could get some documents about the rehabilitation process, at which we were told that we need to go to the Lanjigarh office for that.

 

Vedanta Aluminium‘s Jharsuguda resettlement colony

At this point, two of us left while the other two continued to face questions from the two employees of Vedanta. Siddharth Behera – who had introduced himself as the Public Relations Officer (PRO) for Vedanta began asking questions about the press card, calling the TV station to check that he really was a journalist. When this was confirmed he suggested they came to the Vedanta Aluminium office to speak to another PR Officer – Mr Bhagwan Hota. Later on we discovered that Mr Siddarth was not a company spokesperson but a local agent.

 

The other two of us were escorted to the bus stop outside Vedanta Nagar. We were prevented from talking to or meeting any more people in the resettlement colony. At the Lanjigarh bus-stop, two more senior employees of Vedanta’s CSR division arrived, making the number of people who had so far questioned us to four. While we were speaking to them, one of the senior employees took our photographs. They wanted us to show them our identity proofs and bombarded us with all sorts of questions regarding the purpose of our visit. In the end, one of the senior officials said, “Write a positive report, ok?”.

 

Lanjigarh refinery

This incident is indeed outrageous. Four CSR officials had come to question us within less than half an hour of our presence in the rehabilitation colony. Vedanta’s CSR is the establishment of a heinous system of surveillance and intimidation. The resettlement colony is like a fortress, where any ‘outsider’ presence is strictly monitored. This shows how scared Vedanta is of stories of its human rights violations and dubious rehabilitation reaching out to the public. This incident clearly elucidates that CSR officials of Vedanta are the company’s puppets, whose ‘responsibility’ is to police people, to hide the truth and to monotonously narrate lies of “Mining happiness”, of success stories of ‘development’ and ‘progress’. The resettlement complex is indeed Vedanta’s ‘colony’, where it has shamelessly set up mechanisms of draconian policing —- a neo-colonial License Raj on people who lie in fear at the margins and in whose name we call for ‘development’.

Posted:  June 18th, 2013   

 

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#MadrasHC- issues notice for withdrawal of cases against anti-nuclear activists

Chennai, June 18, 2013

PTI

 The Madras High Court on Tuesday ordered issue of notice to Tamil Nadu Government asking why steps were not taken to withdraw cases filed against anti-nuclear activists protesting against Kudankulam Nuclear Power Project.

First Bench comprising Acting Chief Justice Rajesh Kumar Agrawal and Justice M. Sathyanarayanan, ordered notice to the state government and sought reply within three weeks.

The notice was issued on a petition which sought a direction to the state government to withdraw all criminal cases filed against anti-nuclear activists, who have been protesting against the Indo-Russian project in Tirunelveli District.

The petition referred to the Supreme Court’s direction to the state government to withdraw all criminal cases against the protestors.

 

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