The Tribune, Chandigarh, India

	Legal profession is a service, not a business: Experts Saurabh Malik Tribune News Service Chandigarh, May 6 The verdict is clear. The Bar Council of Punjab and Haryana does not want the long road to justice to meander its way through a rough terrain of expenses. Former Judges and legal luminaries also are not in favour of lawyers charging exorbitant fees from clients. Ruling against the practice of lawyers charging exorbitant fees, the Bar Council chairman, Rakesh Gupta, says that the legal profession is different from other vocations. “It is a service, and not a business”. Charging inflated fees from clients, no wonder, is just not justified. His assertion is significant as the issue of lawyers charging puffed-up fees was only recently brought to the notice of the Bar Council of Punjab and Haryana by a foreign couple. In their complaint to the Bar Council, American citizen Karma Lama and his Italian wife Paola Pivi have alleged that two Chandigarh-based advocate brothers, Ranjit Malhotra and Anil Malhotra, charged a whopping Rs 3.3 crore in just about nine months for a case hovering around the custody of a seven-year old. The couple claimed the “fee was calculated at $300 per hour, equivalent to more than Rs 18,000 per hour”. The Bar Council is in the process of seeking their comments on the issue. Gupta told The Tribune the code of ethics for lawyers makes it clear that the lawyers cannot ask for commissions; and the fee to be charged by them has to be reasonable. Refusal to hand over no-objection certificate for engaging another lawyer too amounts to misconduct. Punjab and Haryana High Court’s former Acting Chief Justice, Justice Mehtab Singh Gill, too is not in favour of senior advocates coming out with excessive bills. Refusing to comment on any particular case, he generally says the lawyers’ robe still has a mysterious piece of cloth attached to a shoulder. Legend says that since lawyers would not seek money for the service rendered, the clients placed payment in counsel’s pocket, literally behind their back, to preserve their dignity. The tradition continues, but ethics attached to it have, over a period of time, been lost in obscurity. He says the high court has put a cap on arbitration fee often paid to retired High Court judges by coming out with arbitration rules. But when it came to advocates, the Bar Council was yet to frame effective rules to ensure easy access to justice for a common man. Author of books on practical advocacy of law and other related subjects-cum-Director of University Institute of Legal Studies, Shimla, Prof Sunil Deshta, says the Bar Council of India rules make it clear that the scales of justice are tilted in favour of lawyers charging reasonable fee. “The rules framed by the Bar Council of India clearly say that the fee has to be reasonable. Any departure from the laid-down norm would amount to misconduct,” he says. “Otherwise also, some of the high courts across the country too have framed rules on lawyers’ fee”. A former Supreme Court Judge too believes that charging of fee on hourly basis is virtually unknown in this part of the country. “It is a concept followed by lawyers in the West. But in India, the notion is still alien as lawyers still believe in serving the community through their legal acumen,” he says. Case in question In their complaint to the Bar Council of Punjab and Haryana, American citizen Karma Lama and his Italian wife Paola Pivi have alleged that two Chandigarh-based advocate brothers, Ranjit Malhotra and Anil Malhotra, charged a whopping Rs 3.3 crore in just about nine months for a case hovering around the custody of a seven-year old
	India-Lanka talks on N-deal resume Ashok Tuteja Tribune News Service New Delhi, May 6 Pleased with India’s decision to abstain from voting against it at the UN Human Rights Council (UNHRC) in Geneva in March, Sri Lanka has resumed negotiations with New Delhi on a comprehensive civil nuclear agreement between the two countries. Top officials of India and Sri Lanka today concluded intense two-day negotiations on nuclear cooperation in Colombo. The Indian delegation was led by Amandeep Singh Gill, Joint Secretary (Disarmament) in the External Affairs Ministry while the Lankan team was headed by Dhara Wijayatilake, Secretary in the Ministry of Technology and Research. Official sources said the discussions were held in a warm, friendly and cordial atmosphere on the draft of a bilateral nuclear cooperation accord. The two sides agreed to hold the next round of talks in India in the second half of the year after a new government assumes office in New Delhi. This was the second round of talks on civil nuclear cooperation between the two countries. The first round was held in October 2012. Since then, India had been nudging Sri Lanka to hold further negotiations on the issue and had, in fact, also sent to Colombo the draft of the proposed pact. India is understood to have offered a comprehensive pact to Lanka that would cover all aspects of civil nuclear cooperation.
	CBI must quiz PM in 2G scam: BJP New Delhi, May 6 The BJP today demanded that Prime Minister Manmohan Singh be questioned by the CBI in the 2G Spectrum case after former Telecom Minister A Raja told a court that every decision was allegedly taken with the PM’s “concurrence”. Describing Raja’s deposition in the court as “shocking”, BJP spokesperson Prakash Javadekar said, “Now, the CBI must interrogate the PM on 2G issues as the matter is in the court and the probe will not be complete if the PM is not interrogated. Now it is clear that the PM is also involved in the scam.” Raja, a key accused facing trial in the 2G case, had yesterday sought to drag Manmohan Singh’s name by saying that all actions were taken with the PM’s “concurrence” and not “unilaterally”. Javadekar said, “It is a very serious revelation by former Telecom Minister A Raja in the CBI court. Answering thousands of questions, he has made it very categorically clear that every decision about 2G was taken after the PM okayed it.” He said the PM owed an answer to the nation on the issue. Terming the UPA government as the “most corrupt government that India has ever seen”, the BJP leader also referred to the Commonwealth Games scam. “Sunil Dutt, who was made the chairman first, was replaced in a day by Suresh Kalmadi.” Referring to the coal scam, Javadekar said, “As far as coal is concerned, the PM himself was the minister and every decision on coal mines was done with his clear orders.” PTI Party’s stand Former Telecom Minister A Raja has said in a CBI court that every decision about 2G was taken after the PM okayed it It is clear that the PM is also involved in the scam The CBI must interrogate Manmohan Singh.... the probe will not be complete if the PM is not interrogated.
	Hit-and-run case: Witnesses identify Salman as SUV driver Shiv Kumar Tribune News Service Mumbai, May 6 In a setback for actor Salman Khan, two witnesses on Tuesday identified the actor in the 2002 hit-and-run case, saying he was behind the wheel of the SUV involved in the September 28, 2002, mishap. Witnesses Munnu Khan and Muslim Shaikh -- both workers of the bakery outside which the mishap took place -- told the Bandra Sessions Judge they saw Salman behind the wheel of the Toyota Land Cruiser on that day. They said Salman emerged from the SUV in a drunken condition and lost his footing as soon as he got out. He then got up and quickly ran away. Salman is accused of running his SUV over several persons sleeping on the pavement outside American Bakery in suburban Bandra, killing one and injuring four persons on September 28, 2002. The defence team had submitted Salman was not behind the wheel of the SUV when it ran over persons outside the bakery. Salman, dressed in a blue striped shirt and jeans, was in court when the witnesses were examined. (With PTI inputs)
	Campa Cola residents bank on politicians for succour Shiv Kumar Tribune News Service Mumbai, May 6 Residents of buildings at the Campa Cola compound in central Mumbai are once again knocking the doors of politicians after the Supreme Court ordered them to vacate their homes by May 31. On Monday, the Supreme Court refused to extend the deadline given to the residents last year. The residents of seven buildings which are to be partially demolished are now pinning their hopes on the politicians to save their homes even as they look for other legal avenues. "We will consult our legal team before deciding on our next course of action," said Nandini Mehta, a resident. While some residents want Gujarat Chief Minister and BJP's PM candidate Narendra Modi to intervene, others want the BJP-Shiv Sena combine which controls the Brihanmumbai Municipal Corporation to use its powers to stall the demolition. "The Maharashtra Government should issue an ordinance to prevent the buildings from being demolished," Mumbai mayor Sunil Prabhu said after meeting with the residents on Monday evening. While Chief Minister Prithiviraj Chavan has promised support to the residents, Mumbai's Municipal Commissioner Sitaram Kunte has announced that the civic body will soon float tenders to carry out the demolition. While the BMC's squad will break the interior walls of the buildings, private contractors appointed by it will cut the beams and bring down the illegal stories one by one. Mayor Prabhu felt that the government was within its powers to rein in Kunte. Opposition parties here allege that sections of the ruling party may be colluding with builders to demolish parts of different buildings to render them unsafe. "Some politicians want to hand over the prime property to builders for constructing multi-storeyed towers here," a resident told reporters outside the buildings. The Campa Cola apartments were constructed on land leased to Pure Drinks Ltd by the Maharashtra Government in 1955. The BMC had in 1980 given the company permission to develop the plot. Accordingly, builder Yusuf Patel and others were roped in to construct seven buildings. While the BMC granted permission to construct seven buildings of ground plus-five floors, the builders constructed one building, Midtown, of 20 floors. Another building, Orchid rose to 17 storeys. Other buildings in the complex, Esha Ekta, Shubh rose eight and seven stories respectively while others, BY and Patel are six floors each. Residents alleged they were duped by the builders. They also claimed that the civic body did nothing to demolish the illegal structures before they were occupied. Pressing for Modi’s intervention The Supreme Court has asked the residents to vacate their homes by May 31. The residents of seven buildings which are to be partially demolished are now pinning their hopes on the politicians to save their homes. While some want Gujarat Chief Minister and BJP's PM candidate Narendra Modi to intervene, others want the BJP-Shiv Sena combine which controls the Brihanmumbai Municipal Corporation to use its powers to stall the demolition.
	Plea dismissed, Sahara chief Subrata Roy to stay in jail R Sedhuraman Legal Correspondent New Delhi, May 6 Sahara chief Subrata Roy will continue to remain in Tihar Jail here as the Supreme Court today dismissed his petition challenging his detention for his failure to comply with its orders for the return of about Rs 20,000 crore to the investors through SEBI, the market regulator. Both civil and criminal laws had provisions for the arrest and detention of such defaulters to force them to meet their financial liability, a Bench comprising Justices KS Radhakrishnan and JS Khehar pointed out while rejecting Roy’s contentions to the contrary. Now, his release at least on bail would depend on a down payment of Rs 10,000 crore and providing a plan for refunding the remaining public money raised through fully convertible debentures by two group companies -- Sahara India Real Estate Corp Ltd (SIREC) and Sahara India Housing Investment Corp Ltd (SHIC). According to SEBI, Sahara’s liability now stands at Rs 32,000 crore, including 15 per cent interest. Roy and two directors of the group — Ravi Shankar Dubey and Ashok Roy Choudhary — were sent to jail by the SC on March 4. In fact, Roy was arrested by Uttar Pradesh police in Lucknow on February 28 in the light of a non-bailable arrest warrant (NBW) issued by the Bench on February 26 for his non-appearance in the court as directed. In today’s 207-page verdict, the Bench pointed out that all the efforts to cajole Roy and the two companies “were always stonewalled and brushed off,” while other methods to secure compliance of the court’s orders “were evaded and skirted.” The SC also rejected their contention that they had already returned the investors’ money by way of cash payments. The claim was supported only by general ledger entries without any authentication and as such was an “insufficient proof.” Even the companies’ auditors had not given a certificate to this effect, it noted. Pointing out that the group had been abusing the judicial process and flouting court orders, the apex court suggested that Parliament enact appropriate law to discourage frivolous cases in the interest of litigants on the other side. What the court said The Bench pointed out that all efforts to cajole Roy and the two companies "were always stonewalled and brushed off." Other methods to secure compliance of the court's orders "were evaded and skirted." The SC also rejected their contention that they had already returned the investors' money. The claim was without any authentication and as such was an "insufficient proof."
	Modi interview: Ministry asks Prasar Bharati CEO to seek board’s opinion New Delhi, May 6 Throwing the ball back into Prasar Bharati's court, the Information and Broadcasting Ministry today asked the public broadcaster to seek the views of its board on whether a probe is needed into the controversial editing of Narendra Modi's interview by Doordarshan. Sources said that the ministry today sent a reply to Prasar Bharati CEO Jawhar Sircar's communication in which he had said yesterday that the public broadcaster was ready to institute a probe but would do so only if the ministry assures that it would abide by the findings. Sircar had argued that in the past, the ministry had not taken any action on its recommendations against officials. "We have replied saying that the views of the Prasar Bharati board should be sought on the matter," a senior I&B ministry official told PTI. Sircar had earlier said that the Prasar Bharati has no control over the senior officials in the News Divisions of Doordarshan and AIR and that ministry has in the past not honoured its recommendations. "As Prasar Bharati's several earlier recommendations on Doordarshan and All India Radio (AIR) news wings have not been honoured by ministry, leading to complications, we have asked MIB to tell us clearly whether they would abide by a neutral enquiry or not," Sircar had said yesterday. He had also suggested that the public broadcaster could ask external professionals to do an enquiry into the episode pertaining to Doordarshan's interview of Modi. Doordarshan had on April 26 interviewed BJP's prime ministerial candidate Modi at Gandhinagar and then telecast it the next day. However, remarks made by Modi on Priyanka Gandhi and his claims of having been friends with senior Congress leader Ahmed Patel were edited out by DD, but became public through the social media, triggering a row. Sircar had himself written a letter to Prasar Bharati board members, saying that questions had been raised about the "impartiality" of the public broadcaster. DD News which had telecast the interview, however, maintained that "there was no deliberate editing or omission of any portion of the interview." — PTI
	I&B meet discusses norms for govt ads Tribune News Service New Delhi, May 6 The Information and Broadcasting Ministry today convened the first meeting of the committee to prepare guidelines for government advertisements as per the directions of the Supreme Court. The committee after deliberations desired that the views of the stakeholders such as client ministries, state governments, recognised political parties and citizens should be taken into taken into account at the earliest. The website of the ministry will be one of the conduits for inviting such suggestions. The committee is scheduled to submit draft guidelines to the Supreme Court in three months. The Supreme Court on April 23 had directed the ministry to convene a committee for the same. The committee as per the directions of the Supreme Court includes Madhav Menon, Ranjit Kumar, Senior advocate, former Secretary General Lok Sabha TK Vishwanathan and Secretary, I&B as Member Secretary. The SC has delivered a judgment saying there is a need to distinguish between the advertisements that are part of government messaging and advertisements that are politically motivated designed to patronise media organisations and get favourable media coverage. The court found that the existing policy / guidelines do not govern the issues raised and do not lay down a criterion for the advertisements to qualify for public purpose as opposed to partisan ends and political mileage. Views of stakeholders vital The committee after deliberations observed that the views of the stakeholders such as client ministries, state governments, recognised political parties and citizens should be taken into account at the earliest The website of the ministry will be one of the conduits for inviting such suggestions. The committee is scheduled to submit draft guidelines to the Supreme Court in three months The Supreme Court on April 23 had directed the ministry to convene a committee for the same.
	CBI records statements of Antony, Nair in Tatra case New Delhi, May 6 The CBI has recorded statements of Defence Minister AK Antony and Prime Minister’s Adviser TKA Nair in a case in which former Army chief Gen VK Singh alleged that a retired senior Army official had offered him bribe to clear purchase of Tatra trucks from a PSU. The CBI, which has been probing the case for around two years now, decided to record the statements of Antony and Nair so that a final decision on whether to close the case or file a chargesheet can be taken at the earliest. “Yes, we recorded the statements of the Defence Minister and former Principal Secretary in the PMO as witnesses in the case,” CBI Director Ranjit Sinha today said. The former Army Chief had alleged that Lt Gen Tejinder Singh (retd) had offered him a bribe of Rs 14 crore to clear an order of over 1,600 Tatra trucks to be supplied by public sector undertaking BEML. The retired Lt Gen has denied VK Singh’s allegation. The Defence Ministry ordered a CBI inquiry into the charges levelled by the former Army Chief after which a case was registered in October 2012. The former Army Chief, who is now contesting the Lok Sabha election from Ghaziabad on the BJP ticket, had said in his complaint that he had informed the Defence Minister after the purported bribe offer was made by the retired Lt Gen on September 22, 2010. Nair was questioned by the CBI as the former Army chief had alleged that he was opposed to scrapping the Tatra deal, the CBI said. — PTI
	Rajasthan launches probe into Vadra deals Jaipur, May 6 The Vasundhara Raje government in Rajasthan has launched a probe into land deals of Congress president Sonia Gandhi's son-in-law Robert Vadra in the state when the Congress was in power. “The state government has directed collectors of Jodhpur, Barmer and Bikaner districts to gather information on deals and draft a factual report," sources in the Chief Minister's Office (CMO) told IANS. The collectors have been asked to submit the report by mid-May. Sources said CMO officials were in touch with the collectors regularly and were monitoring the work. It is alleged that the companies in which Vadra has stakes built a huge land bank of thousands of acres in Bikaner, Jodhpur and Barmer between 2009 and 2012. The then Ashok Gehlot government had announced sites for setting up solar power projects. It is also alleged as soon as the sites were announced, the land was sold at heavy prices by the companies. Several BJP parliamentarians, including Bhupendra Yadav and Arjun Ram Meghwal, earlier demanded a probe into the property deals allegedly involving Vadra. Former Chief Minister Gehlot has termed the allegations baseless. — IANS