HC directs principal to act on complaint against teacher

Court directs principal to act on complaint against teacher

SPECIAL CORRESPONDENT

CHENNAI, December 27, 2010

The Madras High Court has directed the Principal of Don Bosco Matriculation Higher Secondary School, Egmore, to take action on a complaint against a teacher for humiliating and abusing a student.

Justice P. Jothimani's direction followed a petition filed by Srinivas Rajan, father of R. Sudharsan studying in Standard IX .

Mr. Rajan stated that history teacher Tharmen Fernandez was creating a lot of problems and behaving badly with students.

On November 26, the teacher asked a student not to mingle with his son and other students, claiming they were watching porn along with another teacher.

He said that their parents were also bad.

"After hearing the same, my son started crying and vomiting. When I enquired, my son refused to give any proper reason," he said. The boy revealed the reason only after repeated queries.

Evasive Reply

Mr. Rajan said though he took up the matter with the management, no action was taken against the teacher. "The management is giving evasive reply."

He stressed that the humiliation and abusive treatment of a child were not only in violation of the child's right to protection from violence but also counterproductive to their learning.

Mr. Rajan wanted a direction to Director of Matriculation Schools and Inspector to take action against the Principal for not acting on his complaint submitted on December 1.

Justice Jothimani said considering the fact and circumstances of the case, instead of ordering the Director of Matriculation Schools to take action against the Principal, the latter should be directed to take action on the complaint within four weeks.

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HC CJ Unveiling Mahatma Gandhi statue on the New Court Premises in Puducherry

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"Recruit law graduates in government departments"

Staff Reporter

It will help departments in drafting proposals: Narayanasamy

— Photo: C. Venkatachalapathy

New facility: Minister of State for Planning, Parliamentary Affairs and Culture V. Narayanasamy along with Chief Judge of Madras High Court M. Y. Eqbal unveiling the plaques to mark the construction of quarters and putting up of a statue of Mahatma Gandhi on the court premises in Puducherry on Wednesday. Lieutenant Governor Iqbal Singh and Chief Minister V. Vaithilingam are in the picture.

PUDUCHERRY: Union Minister of State for Planning, Parliamentary Affairs and Culture V. Narayanasamy has appealed to the territorial administration to recruit law graduates in government departments. Appointment of persons with legal background would help the departments in drafting proposals, he said.

He was addressing a gathering after unveiling plaques to mark the laying of foundation for construction of quarters for judicial officers and setting up of a statue of Mahatma Gandhi on the court complex here on Wednesday. Mr. Narayanasamy said that if proposals were clearly drafted, it could avoid the delay in getting vetted in the Law Department. He, along with Chief Justice of the Madras High Court, M.Y. Eqbal, unveiled the plaques in the presence of Lieutenant Governor Iqbal Singh and Chief Minister V. Vaithilingam.

Promising to look into the demands of the legal fraternity, he said the infrastructure needs of the court here would be addressed. Already, Union Minister for Law and Justice Veerappa Moily had sanctioned Rs. 10 crore for completing the civil works. To the demand on providing around 100 chambers in the court, he said it would be taken up with the Union Ministry of Law and Justice. He also appealed to the administration to provide stipend to lawyers in the beginning of their career.

The Lieutenant Governor said, "Judiciary in the country enjoys a very significant position since it has been made the guardian and custodian of the Constitution. It is a watchdog against violation of fundamental rights guaranteed under the Constitution and thus insulates all persons, Indians and aliens alike against discrimination, abuse of State power and arbitrariness."

Mr. Justice Eqbal said that he had requested the administration to construct a multi-storeyed building on the Madras High Court complex to house the Puducherry block.

"Once a building is constructed, there should be some lung space and that is why it is proposed to construct more floors than the original proposal and therefore, the Puducherry government should see to it that the required amount is sanctioned for the construction of the Puducherry block on the High Court campus," he said.

Appealing to advocates to impress upon their clients for settling disputes through mediation, Mr. Justice Eqbal said that by such referral for mediation, the lawyer need not have apprehension that the case was taken away. "In fact, the court will be referring the case for mediation to another advocate and that advocate is going to mediate the parties and thereby that another mediator will be given some remuneration by the Legal Services Authority. Now, the Bar Councils are convinced that Lok Adalat, Mediation and Arbitration are not supplement to their profession, but only complementary." Mr Justice Eqbal said.

Mr. Vaithilingam informed the gathering about the government's decision to provide health insurance coverage to judicial officers. They had to pay only a minimum amount as premium, he said, adding that the remaining amount would be paid by the government. Home Minister E. Valsaraj, Minister for Public Works M.O.H.F. Shahjahan and portfolio Judge for Puducherry and Executive Chairman of UTPLSA, Puducherry, D. Murugesan, spoke.

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SC judges work beyond midnight: P.Sathasivam, next CJI

"Supreme Court judges work beyond midnight"

MOHAMED IMRANULLAH S.

MADURAI, December 7, 2010

Supreme Court judge P. Sathasivam addressing lawyers after inaugurating the Madurai Law Academy in Madurai on Saturday. Photo: K. Ganesan.

Lawyers practising in the Madras High Court Bench here were in for a surprise when Supreme Court judge P. Sathasivam told them that the apex court library remains open till 10 p.m. on working days and some judges, including himself, stay awake beyond midnight working in their home offices.

Addressing lawyers at the inauguration of a law academy here on Saturday, he said: "We cannot keep all the books in our home library as we have to deal with cases from across the country with regard to legislations passed by different States. So, we keep the court library open till 10 p.m. and call for the books over the phone." As far as punctuality was concerned, "All judges of the Supreme Court, including the Chief Justice of India, assemble at a lounge on the court premises sharply at 10.15 a.m. Then we spend about 10 minutes by taking tea or coffee or Nariyal Pani (tender coconut water).

"We start leaving to our respective courts exactly at 10.27 a.m. and start working from 10.30 a.m. You cannot see a judge's car entering the court complex after 10.15 a.m. Being judges of the highest court of the country, we have to set an example to others," he added.

Explaining the way the apex court judges dealt with cases, he said: "Even if you say three plus three is six, we will not accept it and seek for some authorities (judgements) to substantiate the submission because the Supreme Court is the last court and anything we say becomes the law of the land." Some cases were heard for weeks and months together, the judge said and recalled that the Reliance gas dispute case was heard for 24 working days spanning over three months.

Completely in awe for the legal acumen of the judge, T. Srinivasaraghavan, a senior advocate, said: "It would be a proud moment for every Tamilian when Mr. Justice Sathasivam, hailing from an agricultural family in Kadapannallur of Bhavani Taluk in Erode district, assumes office of the Chief Justice of India in 2013."

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SC upholds "rotten" remark against Allahabad HC

Take action against incorrigibles in Allahabad High Court: Supreme Court

LEGAL CORRESPONDENT

NEW DELHI, November 27, 2010

The Supreme Court on Friday asked the Chief Justice of the Allahabad High Court to act against a judge who had passed orders on extraneous considerations, and against some other judges facing complaints.

A Bench of Justices Markandey Katju and Gyan Sudha Misra said: "We do not mean to say that all lawyers who have close relations as judges of the High Court are misusing that relationship. Some are scrupulously taking care that no one should lift a finger on this account. However, others are shamelessly taking advantage of this relationship. There are other serious complaints also against some judges of the High Court. The High Court really needs some house-cleaning (both the Allahabad and Lucknow Benches), and we request the Honourable Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfers of the incorrigibles."

In the instant case, on a writ petition by Raja Khan, a single judge directed the respondents (the Uttar Pradesh Sunni Central Waqf Board; the District Magistrate, Bahraich; and the Committee of Management, Waqf No. 19, Dargah Sharif, Bahraich) to allot Waqf land for running a circus, 'jhoola' and merry-go-round, and possession of the allocated land was ordered to be handed over within three days. A Division Bench set aside the order.

Dismissing the appeal against the Division Bench order, the Supreme Court said: "We are of the opinion that the two ex parte interim orders of the single judge were clearly passed on extraneous considerations. The property in question is in Bahraich district, within the territorial jurisdiction of the Lucknow Bench. Hence, the writ petition could not have been validly filed or entertained in the Allahabad Bench. The writ petition was not maintainable because ordinarily no writ petition lies against a private body."

The Supreme Court directed that a copy of this order be sent to the Registrars-General/Registrars of all High Courts for being placed before the Chief Justices of the High Courts.

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Allahabad High Court files expunction application

J. VENKATESAN

NEW DELHI, December 9, 2010

Full Court takes serious exception to Supreme Court's remark

In a rare instance of a High Court approaching the Supreme Court for redress of grievances, the Allahabad High Court, offended by its remark that "something is rotten in the Allahabad High Court," has filed an application for expunction. The application, filed on Tuesday, said general remarks like the one made in the November 26 judgment should not have been made as it was not the proper occasion for the Supreme Court to do so. There were other mechanisms available for making such remarks and addressing the issues raised in the judgment.

The application was filed on the decision of the Full Court, which took serious exception to the observations.

In its judgment, the Supreme Court Bench of Justices Markandey Katju and Gyan Sudha Misra had said: "Something is rotten in the State of Denmark said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High Court."

The Bench added: "We are sorry to say but a lot of complaints are coming against certain judges of the High Court relating to their integrity. Some judges have their kith and kin practising in the same court, and within a few years of [their] starting practice, the sons or relations become multimillionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of judges could derive no benefit from their relationship and had to struggle at the Bar like any other lawyer."

The Bench said: "There are also other serious complaints against some judges. The High Court really needs some house cleaning [both the Allahabad and Lucknow Benches], and we request the Chief Justice of the High Court to do the needful, even if he has to take some strong measures, including recommending transfer of the incorrigibles."

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Supreme Court upholds "rotten" remark against Allahabad High Court

PTI

NEW DELHI, December 10, 2010

PTI Security personnel stand guard outside the Lucknow bench of Allahabad High Court. File photo

The Supreme Court today upheld its controversial remarks that something was "rotten" in the Allahabad High Court where the "uncle judges syndrome" was rampant and needed cleansing.

A bench of justices Markandey Katju and Gyan Sudha Mishra, while dismissing the Allahabad High Court's application for expunging of the remarks, however, clarified that there were "excellent and good judges too" in the court.

Rejecting the arguments of senior counsel P. P. Rao that even a clarification that some are excellent and good judges would still cause suspicion on the integrity of the judges, the bench remarked, "It is not just time to react but also to introspect".

Reacting to the persistent plea of Mr. Rao that the clarification would not be sufficient, Justice Katju angrily retorted, "Do not tell all this. My family and I have more than 100 years of association with the Allahabad High Court. People know who is corrupt and who is honest."

Justice Katju further observed, "Tomorrow, if Markandey Katju starts taking bribe, then the entire country will know about it. So do not tell me as to who is honest and who is corrupt."

Mr. Rao submitted that the earlier observations had tarnished the image of the entire High Court judiciary and the rustic would not be able to distinguish between an honest and a corrupt judge.

"Do not tell me all those things about the rustic. They are much more enlightened. Do not think people of India are fools," the bench observed while dismissing the application.

The Allahabad High Court had taken strong exception to the apex court's remarks that "something was rotten" and there was "rampant uncle judge syndrome" in the higher court.

In an application moved through its registry, the High Court had sought expunction of the remarks on the ground that they "have made difficult" for the judges to function and tarnished the reputation of the entire judiciary in Uttar Pradesh.

"The remarks are unfortunate and uncalled for and has brought down the image of the Allahabad High Court judges in the eyes of the general public. The observations have made it difficult for the judges to function," the application had stated.

It had submitted that judges of the High Court are appointed only after clearance from the Supreme Court collegium and as such, there was no scope to question their integrity.

On November 26, in a strong indictment of Allahabad High Court, the apex court had said, "There is something rotten" there and raised serious questions about integrity of several of its judges.

"Something is rotten in the State of Denmark, said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High Court," a bench of justices Markandey Katju and Gyan Sudha Mishra had said, adding the high court "really needs some house cleaning".

The apex court bench had also asked the chief justice of the high court to take some strong measures, including recommending "transfers of the incorrigibles".

It had made the remarks in a 12-page order while making the insinuation that several judges of the high court suffer from 'uncle judge' syndrome, which refers to judges passing favourable orders for parties represented by lawyers known to them.

The bench's remarks came while scrapping a single-judge bench order of the Allahabad High Court which had asked a Bahraich-based Waqf Board to temporarily allot a portion of its land in May-June this year to the proprietors of a circus for its show during an annual fair.

Referring to the rampant 'uncle judge' syndrome allegedly plaguing the high court, the apex court bench had said, "Some judges have their kith and kin practising in the same court.

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Legal Practitioners Act, 2010

Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010

For FULL Enactment, visit the following link:

http://enactments.blogspot.com/2010/12/legal-practitioners-act-2010.html

Pondicherry: Thousands of cases booked under MV Act pending trial

Thousands of cases booked under Motor Vehicles Act pending trial

Staff Reporter

PUDUCHERRY: More than 80,000 cases booked under various sections of the Motor Vehicles Act during the last five years are pending trial in courts. As per the statistics compiled by the Traffic Police Department, which was mentioned in the agenda for the Standing Committee meeting for traffic regulation held on Thursday, there are as many as 89,588 cases pending trial.

The number of pending cases had come down in the last three years after the government decided to give the option of remitting fine to the traffic police on the spot for violations made by commercial vehicle users from 2008.

A perusal of the data revealed that of 40,120 cases booked in 2005, only 15,462 were disposed. In 2006, as many as 40,193 cases were booked and only 10,153 were disposed. Out of 26,802 cases booked in 2007, as many as 17,712 were disposed and of 24,729 cases booked in 2008, a total of 6,662 defaulters opted to pay the fine to the police and 10,544 were disposed

In 2009, out of 31,729 cases booked, as many as 14,619 defaulters remitted the fine and 6,785 cases were disposed. As on November, 2010, the traffic police registered 29,084 cases and 17,345 paid the fine. When sought to comment on the large number of pending cases, Superintendent of Police (Traffic) G.P. Palanivel said it was due to administrative reasons in the court. Following a request from the traffic police, the government issued an order to create an additional court of Judicial Magistrate of the First Class.

On June 16 this year, the Lieutenant Governor issued a notification creating the additional court to dispose the cases fast, he said.

One of the reasons for re-introducing the compounding of traffic offences in 2008 was the growing number of pending cases for trial, Mr. Palanivel added.

In the year of re-introducing compounding of traffic offences, the police had collected a sum of Rs. 4,91,350 from commercial vehicle users for various offences under M. V Act. In the following year, a sum of Rs. 8,88,050 was collected and so far during the current year a sum of Rs. 12,69, 750 was collected.

The collected amount was deposited in a separate account with a nationalised bank. The Standing Committee's decision to include non-commercial vehicles for compounding offences, likely to be from January 2 next year, was also a step in this direction.

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HC: Unsettled loan no bar for wards education loan

'Unsettled loan no bar for wards education loan'

Express News Service

First Published: 03 Dec 2010 02:40:04 AM IST

CHENNAI: Unsettled business loan obtained by a person from a bank cannot stand in the way of grant of educational loan to his wards, the Madras High Court has ruled.

Justice R Sudhakar gave the ruling last week while allowing a writ petition from G Dhivya and G Preethi of Sengundram in Vellore who sought loan for pursuing their studies in the Veltech HiTech Engineering College, Avadi in June.

According to petitioners, both sisters, Canara Bank branch manager in Sengundram directed their father to furnish no objection certificates (NOC) from all the other banks situated in his place of residence. Accordingly, he produced the NOCs from all except from the

Indian Bank, Gudiyatham, where he obtained a poultry loan and about `3.57 lakh remained as due. Holding that since the father had obtained a loan from the Indian Bank and the same remained unsettled, the Canara Bank branch manager refused to issue the application forms to the sisters. Hence, the present writ petition.

Allowing the same, Justice Sudhakar observed that the submission of the bank stemmed from a misconception of the government policy to grant educational loans. The government, considering the importance of education, had formulated the Model Educational Loan Scheme in 2001. There was no clause in the scheme saying that if the coobligant had taken a loan for any other purpose, his wards would not be entitled to educational loans. The emphasis is that "nodue certificate need not be insisted upon as a precondition for grant of educational loan. It is indicated that the bank may obtain a declaration/an affidavit confirming that no loans are availed of from others banks.'' The purpose being to ensure that no student availed of more than one educational loan from other banks.

This should not be confused with the loan availed of by the father for his business purpose. Educational and commercial loans were independent of each other and operated on different parameters and terms. Moreover, if the educational loan amount was only `4 lakh, no security was required. Hence, the insistence of NOC from the Indian Bank was totally unnecessary and unwarranted, the judge said, and directed the bank to issue the application forms to the petitioners and process them for grant of the loan. The judge also directed the chairmen of all nationalised banks to instruct their managers, especially in rural areas, to ensure that as and when eligible poor students sought educational loans, their cases were considered sympathetically and in a customerfriendly manner, the judge added.

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HC: TN judiciary to get a separate calendar from next year

TN judiciary to get a separate calendar from next year

TNN, Dec 2, 2010, 02.57 am IST

CHENNAI: The Madras high court has said that the judiciary will have an exclusive monthly calendar from the year 2011, complete with the court holiday and engagement schedule. 

The first bench comprising Chief Justice M Yusuf Eqbal and Justice TS Sivagnanam passed an order to this effect on Wednesday on a public interest writ petition filed by advocate R Karunanidhi. 

In his petition, Karunanidhi contended that he had noticed that several courts throughout the state had different types of calendars, printed by private companies and agencies. They were of no use to the advocate fraternity and damaged the very image of the judiciary in the eye of the public, he said. 

Such calendars had details of only government holidays and functions, and not those concerning the judiciary. A separate and exclusive calendar for the judiciary is a must, without any political colour as is found in yearly calendars in the high court and in other courts, the petition said. 

The advocate also wanted the court to direct the chief secretary to make a proper assessment of the total number of calendars required for distribution to all courts in Tamil Nadu and supply them in time. 

The judges, noting that the grievance of the advocate that the calendars supplied by the government had only government-declared holidays, said: "The high court shall take up the matter and see to it that from the next calendar year, the high court shall also have a separate monthly calendar."

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