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| Thursday, September 7, 2000, Chandigarh, India   
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SC limits courts’ jurisdiction HC pulls
up MCD chief Judges’ LTC scheme:
clarification sought Bangaru meets Thakre
on office-bearers Jaya asks for copy
of letter rogatory |
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Order on entry of
criminals in politics reserved Disabled soldiers to scale peak Homoeo cure for cancer More funds for school civil works Defence services test on Feb 18 
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SC limits courts’ jurisdiction NEW DELHI, Sept 6 (PTI) — In an important ruling, the Supreme Court has held that territorial
jurisdiction of a court with regard to a criminal offence would be decided on the basis of the place of occurrence of the incident and not on the basis of where the complaint was filed. “So far as the question of territorial jurisdiction with reference to a criminal offence is concerned the main factor to be considered is the place where the alleged offence was committed,” a Division Bench comprising Justice K.T. Thomas and Justice D.P. Mohapatra said. The ruling came in a case of a dispute over the taking over of a company where the purchasers of a company in Mumbai went to Shillong in Meghalaya and filed a case of alleged fraud against N.N. Majitha, from whom they were purchasing it. Even after the Shillong police referred to the Mumbai police the investigation, the Bombay High Court refused to entertain Majitha’s petition for transfer of the case from Shillong to Mumbai saying it did not have the territorial jurisdiction over a case filed in Meghalaya. Justice Thomas said “we make it clear that the mere fact that fir was registered in a particular state is not the sole criterion to decide that no cause of action has arisen even partly within the territorial limits of jurisdiction of another state.” Justice Thomas further clarified that “nor are we to be understood that any person can create a fake cause of action or even concoct one by simply jutting into the territorial limits of another state or by making a sojourn or even permanent residence therein.” Quashing the Mumbai High Court order and transferring the case from Shillong to Mumbai, the Bench said the complaint lodged by J.B. Holdings Ltd against Majitha would be probed by the economic offences wing of the Mumbai police. |
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HC pulls up MCD chief NEW DELHI, Sept 6 (UNI) — municipal Corporation of Delhi
(MCD) Commissioner S.P. Agarwal appeared utterly helpless today when the High Court asked him to explain what action has been taken against officials responsible for the Malkaganj house collapse incident of 1998. Mr Agarwal was asked to appear in person before the court as the judges were not satisfied with the previous response of
MCD officials. He said showcause notices have been issued against those officials who failed to file their replies in the past. Mr Agarwal said two mcd officials — an assistant engineer and a junior engineer — were suspended on June 20 last year and a departmental inquiry was on against the officer in-charge (buildings). However, Chief Justice Arijit Pasayat and Justice D.K. Jain noted that both the engineers were reinstated six months later. “This shows a shocking state of affairs. Also, the crackdown should have started from the top, rather than from the bottom”. The judges asked Mr Agarwal what action was taken at the additional commissioner level. He had no answer. The court also noted that the officer in-charge (buildings) against whom departmental proceedings are on is responsible only for keeping records. “How can he be held responsible if a building collapses?, “ the judges asked. When Mr Agarwal again failed to answer, the judges said: “These are strange ways of mcd functioning.” They asked the mcd commissioner to file a fresh status report on action taken against the guilty officials and also state if any method could be devised so that high-ranking officials knew what was happening at the ground level. The report must be filed by October 10. The court was hearing a public interest litigation (PIL) filed by the All-India Lawyers’ Union (AILU), seeking adequate compensation to the relatives of ten dead and 35 injured construction workers in the Malkaganj house collapse incident. More than 60 workers were on the fourth floor of a building in north Delhi when the entire structure collapsed. Labourers in the basement were trapped and rescue operations were hampered as huge concrete boulders could not be removed
manually. |
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Judges’ LTC scheme:
clarification sought NEW DELHI, Sept 6 (PTI) — the Delhi High Court today sought clarification from the Centre under what provision it had issued a circular restricting high court judges’ entitlement of leave travelling concession
(ITC) claim only to travel by the Indian Airlines (IA). A Division Bench comprising Chief Justice Arijit Passayat, and Mr Justice D.K. Jain asked Solicitor-General Harish Salve to get further affidavit from the government in this regard by September 27 even as he said the circular did not fit into the “mechanism of the system” for
ITC facilities for the judges. While directing the Airport Authority of India
(AAI) to furnish detail since January this year to show on how many times
IA flights were on schedule, the court said the Centre wanted the judges to travel by national airlines even when it was discourteous towards them. The court also directed the
AAI to state what was the protocol for judges. |
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Bangaru meets Thakre
on office-bearers NEW DELHI, Sept 6—The new list of office-bearers of the BJP is in the final stage of finalisation with a meeting between the party President, Mr Bangaru Laxman and the Prime Minister, Mr Atal Behari Vajpayee scheduled to take place this evening before the latter’s departure to the USA. While a two-and-half-hour long closed-door meeting between Mr Laxman and his predecessor, Mr Kushabhau Thakre took place today at the party headquarters, the new BJP President also held consultations with other senior party leaders. Mr Thakre told TNS that he had advised Mr Laxman to go in for extensive
consultations even with those whom he was proposing to include in his team. Mr Laxman had met Mr Vajpayee and the Union Home Minister, Mr L.K. Advani yesterday. The BJP President had made it clear yesterday that the question of inducting the former party spokesperson and a former Minister of Communication, Mrs Sushma Swaraj ,in the set of new office beaers did not arise. While Mrs Swaraj has offered to work for the party like an ordinary worker, she has firmly declined the party’s offer of a post in the party. Earlier, Mr Gupta had a meeting with Mr Vajpayee. |
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Jaya asks for copy of letter rogatory CHENNAI, Sept 6 (UNI) — Former Tamil Nadu Chief Minister and AIADMK general secretary J Jayalalitha today filed an application before a special judge, seeking a copy of the letter rogatory and the orders passed thereon in the Rs 66.65 crore disproportionate wealth case against her and three others. When the application came up for hearing before Special Judge-1, A.C. Arumughaperumal Adityan, the special public prosecutor strongly objected to it and said a copy of letter rogatory could not be furnished to the accused. The judge posted the matter for hearing the defence counsel arguments to tomorrow. Based on the reply sent by British authorities to the letter rogatory, the Directorate of Vigilance and Anti-Corruption (DVAC) uncovered investments in two star hotels in London allegedly linked to Ms Jayalalitha and AIADMK MP T.T.V. Dinakaran. Following this, the DVAC filed a fresh FIR as purchase of the hotels allegedly involved a separate conspiracy and revealed an independent offence. Ms Jayalalitha had questioned the legality of the fresh FIR as any claim of fresh material gathered during the continuance of a probe in a pending case could only be filed as an additional charge
sheet. |
Order on entry of
criminals in politics reserved NEW DELHI, Sept 6
(PTI) — The Delhi High Court today reserved its judgement on a petition seeking direction to the Centre and the Election Commission
(ec) to take steps to ban the entry of people with criminal backgrounds in Parliament and state Assemblies. The petition by the Society for Awareness and Democratic Reforms
(SADR) has also sought that the government and the ec should make all relevant details about a candidate, including pending cases against him, available to electorates by publicising it in media at the time of elections. A Division Bench comprising Mr Justice Anil Dev Singh and Mr Justice
M.K. Sharma reserved its order after hearing arguments by SADR counsel Kamini Jaiswal and Additional Solicitor-General K.K. Sud for the past several days. The court during the course of arguments took exception to the government stand that no consensus could be arrived at between various political parties on the formulation of a law to prevent the criminalisation of
politics. |
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Disabled soldiers to scale peak NEW DELHI, Sept 6 (PTI) —Demonstrating a never say die spirit, 11 handicapped soldiers today embarked upon an expedition to the icy Himalayan peak of Mount Gangstang across Rohtang Pass in Lahaul valley. The team led
by Maj Som Prakash Sharma includes five members whose limbs have been amputated and four others suffering from gun shot wounds and splinter injuries. The remaining two have other disabilities suffered during operations in Sri
Lanka, Kargil and counter-insurgency operations, an official press note here said. Artificial limbs provided to the team members have been specially modified for the expedition,
which was flagged off by Lt- Gen R.K Sawhney,Deputy Chief of Army staff (Training and coordination). The team is likely to return by the second week of next month after scaling the 6162-metre majestic peak, known as the “deity of snow”. |
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Homoeo cure for cancer CALCUTTA, Sept 6 (PTI) — Tiny sweet pills in slim glass vials, which were thought to do no better than cure common cold, have finally found their pride of place with world’s premier cancer research body approving an Indian homoeopathic treatment protocol. Thanks to pioneering research by a city-based father-son homoeopathic physician duo, the US Government’s National Institute of Health (NIH) and Cancer Advisory Panel for Complementary and Alternative Medicine (CAPCAM) have recognised the cancer treatment protocol as “very striking and unusual”. “Our efforts to gather a parallel footing for homoeopathy as an alternative medicine have finally borne fruit,” says Dr Prasanta Banerji, who is busy framing separate protocol for treatment for various forms of cancer. Backed by over four decades of research with a team of 10 doctors, Dr Banerji and his son Dr Pratip, were invited to speak before the Comprehensive Cancer Care 2000 conference in Washington on June 29. The team, which has had signal success in curing 70 per cent of brain tumour cases, first caught US attention at the Fifth International Oncologists Conference in Corfu, Greece in 1995. The global impact was felt immediately after Dr Banerji, the lone homoeopath among 1,200 physicians attending the Greece conference, presented 16 brain tumour regression cases cure with homoeopathic medicines. The US Department of Alternative Medicine followed it up with lab trials using, Dr Banerji’s homoeopathic medicine on cancer cells, at the M.D Anderson Cancer Centre in Houston. Having reviewed his case studies for over an year, NIH’s CAPCAM recently certified the series, including four cases of lung cancer, and is now keen on funding a clinic in Calcutta exclusively for cancer patients to be treated only with homoeopathic medicine. The family has been
practicing homoeopathy for over 140 years now with Dr Banerji’s ancestors passing on the “tricks of the trade” down the ages. Using basic medicine formulae like cali carbonium and ruta graviolins, used in common cold treatment, the team has churned out successful protocol for brain tumours through “mix and match’ experiments”. Most cases get cured within of six months, but some may take as long as two to three years,” says Dr Banerji, assuring that there are no side effects like in conventional allopathic cancer treatment. The medicine costs are quite reasonable, claims Dr Banerji, adding that it can become “everyman’s cancer cure”. But a cure is not always sure, he maintains. “Just like in allopathy no one can assure you a cure if the malignancy is at an advanced stage, homoeopathy too has its limitations,” he concedes. However, the treatment ensures a healthy living, unlike chemotherapy and radiation, which “rob the patient of his health and zeal to live,” he says. |
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More funds for school civil works NEW DELHI, Sept 6 — The government today raised the ceiling of civil works component in project investments of district primary education programmes by about 10 per cent to enhance funds for construction of primary school buildings and research centres. The civil works cost component of the total project investments has been raised from 24 per cent to 33.33 per cent for providing facilities for additional
enrolment that would take place during the project period, a Cabinet spokesperson told newsmen after the meeting. Till now, under the financial parameters of district primary education programmes, the cost of civil works component is limited to 24 per cent and management cost to 6 per cent of the total project investments. |
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Defence services test on Feb 18 NEW DELHI, Sept 6 — The Union Public Service Commission will hold the Combined Defence Services Examination (I) on February 18, 2001. The commission has invited applicants for admission to Indian Military Academy, Naval Academy and Air Force Academy for the courses commencing in January 2002 and Officers’ Training Academy, Chennai, for the course commencing in May, 2002. The approximate number of vacancies to be filled on the results of this examination is 450 for Indian Military Academy (including 32 vacancies reserved for NCC ‘C’ certificate holders), 20 for Naval Academy (including six vacancies reserved for NCC ‘C’ certificate (Naval Wing) holders, 32 for Air Force Academy and 250 for Officers’ Training Academy, an official press note said here today. Details about the examination will be available on Internet on the Commission’s Website at
http://www.upsc.gov.in. |
Rly
exam postponed NEW DELHI, Sept 6—The Special Class Railway Apprentices’ Examination 2000, which was originally scheduled to be held on December 10, 2000 has been postponed to December 24, an official press note said here today. |
New HP YC
gen secy NEW DELHI, SEPT 6 — Atul Sharma, former president, Himachal state
NSUI, has been made general secretary of the Himachal Pradesh Youth Congress. The appointment was made by Mr Randeep Singh
Surjewala, president of Youth Congress, here yesterday. |
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| Vajpayee speaks to
envoy in Pak NEW DELHI,
Sept 6 (UNI) — Prime Minister Atal Behari Vajpayee today spoke to the Indian High Commissioner in Islamabad, Mr Vijay Nambiar, to express his concern at the series of incidents of harassment and intimidation of commission officials and their families. The Prime Minister who spoke to the High Commissioner on phone, inquired about the welfare of the children of the diplomatic staff. |
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35 sentenced in sex scandal KOTTAYAM (kerala),
Sept 6 (UNI) — In a landmark judgement, Special Court Judge M Sasidharan Nambiar today
sentenced all the 35 accused, including a couple and two women, to imprisonment ranging from four years to 13 years in the sensational Suryanelli sex scandal case. Delivering the verdict, the judge who had convicted the 35 accused and aquitted four others in the case on September 2, also imposed fines on all the accused ranging from Rs 10,000 to Rs 21,000. |
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