- Apex Court seeks plan to install RFID at all Toll points in Delhi
The Apex Court has sought a plan from the civic agencies in Delhi for installing Radio Frequency Identity (RFID) system at 111 toll points to electronically deduct municipal toll tax & the environment compensation charge (ECC) from e-wallets of commercial vehicles. The plan has to be submitted by Aug 20, the Court said.
The RFID system is already working at 13 toll points in Delhi. There are total 124 toll points in Delhi.
The Top Court order, passed on Monday, came on a suggestion by Environment Pollution (Prevention & Control) Authority (EPCA) -- an expert statutory body assisting the SC in matters relating to environment & pollution. EPCA pointed out to the court that with the introduction of RFID technology, it has been possible to check the entry of commercial vehicles older than 10 years. It has further improved online collection of the environment cess, EPCA said. The ECC was imposed on commercial vehicles by the Top Court to dissuade their entry into Delhi in order to reduce air pollution.
In its latest report dated Jan 28, 2020, submitted to the SC, EPCA said, “The results from the 13 entry points are substantial & suggest that the efforts to mitigate pollution have been rewarded. There is a 95% reduction in the total particulate load from trucks entering from 13 locations, as compared to 2015. There is 87-94% reduction in NOx loads from light-heavy duty vehicles entering from 13 locations.”
A bench of Justice Arun Mishra, Justice Br Gavai & Justice Krishna Murari said, “It is agreed to by the learned counsel appearing for EPCA & the municipal corporation that on all the 111 entry points, RFID should be implemented & that can be done within the budget which is available. Let the steps be taken in this regard for implementation of the RFID & plan be placed on record before the next date of hearing on Aug 20.”
Senior Lawyer Aparajita Singh assisting the Court as amicus curiae in this matter told the news agency, “The 13 locations were selected since 80% heavy vehicles used them to enter city. But in the latest assessment, the South Delhi Municipal Corporation (SDMC) informed the court that commercial traffic was increasing at the 111 other entry points to the Capital.”
According to the EPCA report, the entry of commercial vehicles at 13 entry points has reduced from a maximum of 38,000 per day to 3,000 per day after the introduction of ECC and RFID system. “The number of commercial vehicles entering Delhi also reduced after the opening of Western & Eastern Peripheral expressways last year,” Singh said.
According to the EPCA report, “Vehicle owners (of commercial vehicles) are seeking new entry points to avoid payment of ECC.”
To plug this loophole, the EPCA urged the apex court to extend RFID to all entry points of the Capital on an urgent basis. The project, to be undertaken by SDMC, will incur a cost of Rs 36 crore. For the first phase (in 13 locations), Rs 80.94 crore was spent. The total cost for both phases will be Rs 116.94 crore, which is within the stipulated Rs 120 crore sanctioned as project cost by the Court, EPCA said.
A senior official of the South Delhi Municipal Corporation (SDMC), which is the nodal agency to collect ECC in Delhi, said 111 more toll points are to be equipped with RFID for which the SC has asked to submit a report by Aug 20. “EPCA has convened a meeting to discuss the issue on Thursday. Once the Supreme Court clears the plan, we will start work on it,” the official said, requesting anonymity.
- Staff entitled to a switch in Post if Disabled during Employment period: HC
On Wednesday, the High Court of Bombay said that every employee who acquires a disability during the course of his employment is entitled to be shifted to another suitable post, irrespective the percentage of his disability.
On Wednesday, a Single-Judge Bench of Justice Milind Jadhav rejected argument advanced on behalf Brihanmumbai Electric Supply & Transport (BEST) undertaking that it was not bound to accommodate a bus conductor Sadashiv Gaikwad on another suitable post, after he acquired disability of a lower limb since the percentage of his disability was less than 40 per cent.
The Judge also rejected BEST’s contention that Gaikwad wasn't entitled to the benefit of shifting to another suitable post after his accident, as contemplated under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, & that the civic undertaking was justified in terminating his services.
Justice Jadhav held that for alleging the benefit of section 47 a person doesn't have to be certified as a “person with a disability” - a person with 40℅ or more disability.
The Judge clarified that section 47 envisages that if an employee acquires a disability during the course of his employment & becomes unsuitable for the post held by him, the employee should accommodate him on another suitable post, with same service benefits, & if no other suitable post is available, he should be posted on a supernumerary post till the time such a post becomes available.
“That is the mandate of section 47,” said the Judge. “There is nothing to suggest that for applying this mandate, the employee must be shown to be a ‘person with disability’ within the meaning of section 2(t), that is to say, a person suffering from not less than 40 per cent of any disability as certified by a medical authority.”
High Court said the interpretation sought to put by BEST on section 47 could not be accepted, as it would lead to an absurdity, in as much as, such reading of the benevolent provision would allow employers to terminate services of employees, if the percentage of disability acquired by them is less than 40℅.
The Court said, “That would be a travesty of justice & no sensible legislature could have ever intended such result".
Gaikwad was appointed as a bus conductor in Sept 1993 & was attached to Malvani depot. On May 3, 2011, he met with an accident in Pune district & suffered a serious injury to his left knee. After lengthy treatment, when he went to resume duty in Jan 2012, for some period he was accommodated on other posts with light duties, but eventually his services were terminated on Sept 1, 2015, on the ground that it was not possible to accommodate him anymore further on any post having light duty.
In between, the bus conductor was referred by his employer to various public hospitals in the city, one of which evaluated the percentage of his disability at 17 per cent & was also refused disability certificate as the disability was less than 40 percent.
Gaikwad then moved an appeal before the commissioner & competent authority for welfare of persons with disabilities, who on October 8, 2018 ordered his employer to reinstate him in service, pay him back wages & accommodate him on a suitable post. BEST had then approached High Court challenging the Oct 2018 order.
- HC directs State to respond to PIL seeking Taskforce to curb sale of Gutkha
On Tuesday, the High Court of Bombay directed the State Govt to file an affidavit in reply to a PIL which sought directions to constitute a special task force led by the CBI to deal with manufacturing, selling, trading of banned products including gutkha, khaini, zarda & other products which could contribute towards the spread of Coronavirus. The plea seeks stringent laws to implement the ban as well as immediate action against cartels, hoarders & transporters from Madhya Pradesh.
A division bench of Justices AA Sayed & SP Tavade, while hearing the public interest litigation filed by Advocate Arvind Singh, was informed by Senior Lawyer Jamshed Cama along with advocates Anil Mishra & Jindagi Shah that one of the contributors to the spread of COVID-19 was banned products like gutkha, khaini & zarda. Cama submitted that as Covid-19 spreads through droplets from the mouth, infected persons who consumed these products could transfer the infection through their saliva when they spit in public places. Cama further submitted that smoking could also result in the spread of the virus.
Cama further submitted that though the Food Safety & Standards (Prohibition & Restriction on Sales) Regulations, 2011 banned the use of gutkha & nicotine, the Food & Drug Administration (FDA), Maharashtra had banned the use of these products from time to time through orders. He also submitted that the Maharashtra FDA had, on February 7, announced that persons found manufacturing gutkha would be booked under the stringent Maharashtra Control of Organised Crime (MCOCA) Act.
He submitted that as the ban was in place, the products were coming from Madhya Pradesh after the district magistrate of Indore allowed pan masala wholesalers & retailers to sell their products outside the district. He submitted that a large consignment of gutkha had entered Maharashtra which posed a huge threat to the lives of the citizens, & hence immediate steps should be taken to stop it.
Cama stressed there was an urgent need to form a special task force to be led by Central Bureau of Investigation to unearth the trade routes, manufacturing units & selling points to stop the use of gutkha & related products.
After hearing the submissions, the Court directed the state to file an affidavit in response to the plea & posted the matter for hearing on Sept 1.
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- Consider opening places of worship for all faiths: HC to Maha Govt
The Bombay high court (HC) on Tuesday said the Maharashtra government should consider allowing people of all faiths to visit their respective places of worship, especially when a gathering of 20-30 people was being allowed to attend weddings and funerals amid the raging coronavirus disease (Covid-19) outbreak in the state, which is the worst affected as far as the contagion is concerned.
“All religions should be allowed to some extent … If you allow people to gather for weddings and funerals, why not allow them in temples?” asked the two-member HC division bench, comprising Justices SJ Kathawalla and Madhav Jamdar.
The bench suggested that in order to ensure that no crowd gathers at the shrines at any point of time, the state government could fix certain time slots and the number of persons to be allowed to enter a temple within the stipulated timeframe.
It recommended that the public might be allowed if they follow the standard operating procedures (SOPs) laid down by the Union Ministry of Home Affairs (MHA), including maintaining social distancing norms etc.
The bench was hearing a petition filed by Ankit Vora (30), a Bhandup resident, seeking direction to the state authorities to permit opening of Jain temples for the annual holy festival of Paryushana, which will be held between August 15 and 23.
He also sought permission for allowing members of Shwetamber Murtipujak Jain community to perform religious functions and worship during this festive season in Jain temples.
Vora contended that the Central government has permitted the opening of places of worship, subject to following maintaining social distancing, and, as a result, the state go
vernment should also allow religious shrines in Maharashtra to open and come out with necessary guidelines to that effect.
Prafulla Shah, who represented Vora, submitted that offering prayers at places of worship were more necessary amid the Covid-19 pandemic, when the public is striving for mental peace.
Shah complained that places of worship were ordered to remain closed when liquor shops are allowed to do business.
State government pleader Purnima Kantharia responded to the petition pointing out that the authorities have been indiscriminate in opening places of worship to all faiths.
Additional solicitor-general (ASG) Anil Singh responded to the petition pointing out that the Central government has permitted the opening of places of worship outside Covid-19 containment zones and on July 29 issued separate guidelines for such places.
“Now, there is no restriction on visiting places of worship outside containment zones,” Singh said. But there can be no gatherings at the shrines, he said.
The offering of common prayers, religious functions, and ceremonies, touching of idols, etc. is prohibited under the guidelines, he added.
Singh, however, suggested that the state government should take a call on the issue. He supported the court’s suggestion that the petitioner should be asked to submit representations to the state government, which, in turn, should be directed to decide the matter expeditiously.
HC accepted the suggestion and directed the petitioner to submit representations to the secretary, disaster management department, Maharashtra.
The bench will hear the case next on Thursday (August 13).
- HC: Media should verify facts before raising issues like 'prejudice' in Delhi Riot Cases
The Delhi High Court has denied quashing an order passed by Special Commissioner of Police in wake of the recent 'Delhi Riots' in which he advised the Police Officers to take due care in making arrest of people with Hindu background as he cited that there is 'resentment among the community'.
The SCP in his order issued on 08-07-2020, stated:
"As per an intelligence input, arrests of some Hindu youth from Chand Bagh and Khajuri Khas areas of North-East Delhi recently in connection with Delhi riots has led to a degree of resentment among the Hindu community there. Community representatives are alleging that these arrests are made without any evidence and are even insinuating that such arrests are being made for some personal reasons..........Due care and precaution be taken while arresting any person. All evidences, including direct and technical evidences, be properly analysed and that the arrests are backed by sufficient evidence be ensured. No arbitrary arrest should be made in any case and all evidences must be discussed with Special PPs assigned for each case."
The petitioners herein has lost both their parents in the riots and belong to Muslim Community. They are aggieved of the order as they deem it reflects bias on part of Police and has a direct bearing on the investigation and adjudication of the criminal cases relating to deaths of their immediate family members.
The single Judge Bench of Justice Suresh Kumar Kait has observed that 'no prejudice has been caused'. He stated that the letter has been issued after the accused persons have been chargsheeted.
The Court noted that the cases related to the Delhi riots were registered before the issuance of the impugned letter on 8th July. It mentioned that charge sheets have been filed in many cases and that till date 535 Hindus and 513 Muslims have been charge-sheeted in all the cases.
The Court thus observed:
"Since in my considered opinion, the accused persons have already been chargesheeted before issuance of letter dated 08.07.2020, no prejudice has been caused."
The mention of the order has been an article published by Indian Express titled ‘RESENTMENT IN HINDUS ON ARRESTS, TAKE CARE: SPECIAL CP TO PROBE TEAMS’ on 15th July, 2020.
The Court was of the opinion that the article was in contrary spirit to the letter and thus reminded Media of its duty and rresponsibilty.
It stated:
Therefore, it is suggested that media being the fourth pillar of democracy, news should be clear after verifying the facts so that no prejudice is caused to anyone or hatred is spread among communities in this country."
In previous hearing of the same matter, Justice Kait had orally observed that the order was 'mischievous' and raised objection on its issuance and asked for the response of the Delhi Police.
The order has been passed on 07-08-2020.
- School Teacher arrested for leaking Exam Papers
On Wednesday, Azad Maidan Police arrested an art teacher of a Chembur-based School who allegedly leaked intermediate papers on WhatsApp in Sept 2019. The Police registered a first information report (FIR) against 2 art teachers, Amit Pore & Gangadhar Sawant, in July this year after an investigation report was submitted by the education department.
Senior Inspector Vidyasagar Kalkundre, Azad Maidan Police Station said that “Amit Pore was arrested after his anticipatory bail plea was rejected by session court & the high court recently. He was produced in the court & remanded in police custody till Aug 12".
Sawant has not been arrested yet. The mobile phones of the suspects have been given to the forensic department in Kalina forensic science laboratory to gather evidence, said Kalkundre.
The intermediate drawing exams were scheduled to be held from Sept 26 to Sept 29, 2019, & the papers were leaked on Sept 24, 2 days before the exam. Following this, the concerned department of Directorate of Art of Maharashtra Govt cancelled the exams, said a Police officer.
The department then informed all the centres to return the sealed bunch of question papers to the examination centre.
Police said, “The Art department formed a committee & during an inquiry, they found that the seal of one bunch of question papers, sent by the Chembur-based school, was tampered with".
The inquiry further found the involvement of Pore & Sawant, who were the art teachers of the school & in-charge of the question papers. A written complaint regarding the matter was filed by the controller in Sept 2019.
The Senior Inspector said that “The police conducted an inquiry & found them to be involved. A case has been registered against both for breach of trust & under relevant sections of the Information Technology Act in the second of July, this year. Pore had first approached the sessions court & then the high court seeking anticipatory bail, but his plea was rejected. However, he surrendered in the metropolitan court on Monday & was arrested thereafter".
- HC upholds life sentence of a widow who killed her new born daughter to hide illicit relationship
On Tuesday, the Bombay high court (HC) upheld the conviction and life sentence of a widow, who had killed her new-born daughter 27 years ago, purportedly to hide her illicit relationship and the unwanted pregnancy caused eight years after her husband’s death.
The two-member HC division bench, comprising Justice RD Dhanuka and Justice Surendra Tavade, upheld the conviction of Kamlabai Gharat, as the prosecution had proved the chain of circumstances against her beyond the shadow of reasonable doubt.
There was nobody else, except the appellant-accused to commit the murder of her new-born daughter, the court said.
The bench has directed Alibag district and sessions court to secure Gharat’s presence and remand her to prison for serving the remainder of the jail term.
According to the prosecution, on November 10, 1993, residents of Nhava Sheva in Uran found a new-born girl abandoned near Sheva bus stand.
One of the residents took the infant to his house, where she was provided with the necessary care and food.
He reported the matter to local police authorities, who arrested Gharat after finding out that she was pregnant, and suspected her of abandoning the new-born.
Initially, the police took Gharat and the infant to the Rural Hospital at Uran and later to Alibag Civil Hospital, where she strangulated her child.
In 1995, the sessions court convicted Gharat for murder and sentenced her to life.
However, she was acquitted of abandoning the child.
Later, Gharat moved HC in an appeal challenging her conviction on various grounds.
The bench on Tuesday dismissed the appeal.
It concluded that the prosecution had proved all the circumstances against Gharat such as the abandonment of the child, the good physical condition of the neonate before her murder, and the fact that the new-born girl was with her ever since they were taken to the Rural Hospital at Uran and later to Alibag Civil Hospital.
The bench held that the prosecution had proved homicidal death of the child and that there was no one around when the infant was killed, except for Gharat.
The judges found that there was a motive for Gharat to commit the crime --- to hide the entire episode of her illicit affair -- the pregnancy caused eight years after the death of her husband and birth of the unwanted child.
- Are you in US Supreme Court: As Lawyer addresses CJI Bobde with ‘Your Honour’, Judge Shoots Him Down
During a routine hearing in the Supreme Court on Thursday, a lawyer who addressed Chief Justice of India SA Bobde as “your honour”, he was schooled by the judge on the ways of address in Indian courts.
As the lawyer rose & addressed CJI Bobde as “your honour”, the Chief Justice asked him, “Are you appearing before the US Supreme Court? The use of ‘your honour’ is in US & not in Indian Supreme Court.”
The lawyer then said that there is no prescribed law on how to address judges in Indian courts.
To this, CJI Bobde said, “It may not be in the law but it is about practice of the court. We don't use ‘your honour’. Please use the terms that are used in practice in India.”
How to address the judges of the HCs & the Supreme Court has become a subject of debate over the past few years. Petitions have been filed in courts seeking a review of the colonial practice.
Interestingly, in 2014, Justice SA Bobde now the Chief Justice of India was part of the Supreme Court bench with Justice HL Dattu when they ruled that it was not compulsory to call them “my lord”, “your lordship” or “your honour”.
Hearing a petition by then septuagenarian lawyer Shiv Sagar Tiwari, Justices Bobde & Dattu said, “When did we say it is compulsory. You can only call us in a dignified manner."
The petitioner had sought a ruling for a uniform address to judges in courts across the country. The petitioner wanted a ban on using the phrases “my lord or your lordship” in courts is a relic of colonial era & a sign of slavery.
The Supreme Court bench had then said, “To address the court what do we want, only a respectable way of addressing. You call (judges) sir, it is accepted. You call it your honour, it is accepted. You call lordship it is accepted. These are some of the appropriate way of expression, which are accepted.”
In recent months two instances have stood out in this respect. Justice S Muralidhar, whose transfer from the Delhi HC to the Punjab & Haryana HC led to a controversy, requested lawyers in March to avoid using terms such as “my lord” or “your lordship” while addressing him.
A note had been issued in this connection. It read, “It is for the information of respected members of the Bar that Hon'ble Justice S Muralidhar has requested that they may try & avoid addressing him as 'your lordship' or 'my lord'.”
The Punjab & Haryana HC Bar Association had previously asked its members to prefer addressing judges as “sir” or “your honour”. However, most lawyers continued to use “your lordship” to address the judges.
In July this year, Calcutta HC Chief Justice TBN Radhakrishnan advised all judicial officers under the jurisdiction of the HC to address him as “Sir” instead of “My Lord” or “Your Lordship” as has been the norm. The registrar general then shot off a letter to all officers of the state in this connection.
In 2019, Justice S Ravindra Bhatt currently a Supreme Court judge -- as the Rajasthan HC chief justice had suggested not to use “My Lord” to address the judges of the HC.
- COVID-19: SC Committee recommends Regular Hearing of cases in final stage after 10-15 days in three Courtrooms
A committee of seven judges of the Supreme Court has recommended resumption of regular physical hearing of cases which are in their final stage after 10-15 days in three courtrooms.
Physical hearings in the apex court have been stopped since March 20 owing to the conditions created by COVID-19 pandemic.
The matters are being taken up for hearing and judgments being pronounced through video conferencing.
The panel has also met leaders such as Bar Council Chairperson Manan Kumar Mishra, Supreme Court Bar Association President Dushyant Dave and Shivaji Jadhav on the issue of resumption of physical hearings in SC. It must also be noted that the physical court hearings will be in addition to the virtual court hearings that are already taking place.
"Looking at the current time and economic condition of many of advocates, though it appears to be a good initiative but unfailing caution and due care is also required to be exercised by all who are going to physically appear in courts," said Vivek Narayan Sharma, Advocate on Record for Supreme Court Advocates On Records Association (SCAORA).
"I may also add that the physical courts are in addition to virtual courts and people would have option to do virtual hearing as well. Matters from the final hearing list published before the lockdown would be listed before the physical courts. Final decision would be taken by the judges' committe in a day or two," Shivaji M Jadhav, President of the Supreme Court Advocates on Record Association (SCAORA) said.
In the meantime, the the apex court's registry would take necessary steps to prepare the courts for physical functioning, Jadhav added.
- Don’t have PUC? Keep Rs 10,000 ready
Don’t have a valid Pollution Under Control (PUC) certificate for your vehicle? Be prepared to pay a fine of Rs 10,000 next time you hit the road. Delhi Govt’s transport department has begun a special drive against polluting vehicles & most of the challans have been issued for not carrying PUC certificates.
A Transport Department official said that “We have deployed 40 teams across Delhi to check & penalise polluting vehicles & the focus is on the 13 pollution hotspots identified by Delhi Pollution Control Committee, including Anand Vihar, RK Puram, Jahangirpuri, Vivek Vihar, Mayapuri etc".
He added that “At these hotspots, joint teams of our enforcement wing personnel, DPCC officials & Delhi Traffic Police personnel are also collecting diesel & petrol samples from vehicles to check adulteration & impurities".
The amended Motor Vehicles Act, which came into effect from Sept 1, 2019 in Delhi, hiked the fine for not carrying a valid PUC certificate from Rs 1,000 to Rs 10,000. The ten-fold hike had resulted in a sudden rush at the nearly 1,000 PUC centres in Delhi & the transport department had issued as many as 14 lakh PUC certificates in that month itself.
The Union Ministry of Road Transport & Highways has extended the validity of all transport documents like driving license, fitness, permits, registration etc. that have expired since Feb 1 to Sept 30, 2020. Delhi’s transport department officials, however, said that no such exemptions are being granted to vehicles with expired PUC certificates.
“Vehicle owners should not be under the impression that they would be spared for not having a valid PUC certificate. They should get their vehicles checked on time at any nearby PUC centre,” he said.
“Vehicles need to have valid PUC certificates or their owners should be prepared to pay a penalty,” he added.
The official said, “We are mainly targeting vehicles that are visibly polluting or don’t have valid PUC certificates, apart from other violations. Our personnel have handheld e-challans that are linked to servers & we can get all details of any vehicle on the spot,” he said, adding that more than 100 challans have been issued just for not carrying PUC certificates since Tuesday. “In July, we had penalised 610 vehicles for not carrying PUC certificates".
PUC centres in Delhi were reopened in May as part of Unlock-1, but they received negligible number of vehicles for inspection.
The number of vehicles checked at these centres in June was 5.2 lakh, out of which about 5 lakh vehicles passed the test. In July, only around 4 lakh vehicles got PUC checks & hence, the transport department is taking strict measures to ensure compliance.
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