SC Judgment - PIL filed on 2G Spectrum Scandal : The CBI needs to be told to conduct Investigations?

The following directions have been issued by the Honorable Supreme Court of India on a writ filed by Centre for Public Interest Litigation for invoking the Jurisdiction of the Court under Article 136 of the Constitution. And the Court issued the following directions:

(i) The CBI shall conduct thorough investigation into various issues highlighted in the report of the Central Vigilance Commission, which was forwarded to the Director, CBI vide letter dated 12.10.2009 and the report of the CAG, who have prima facie found serious irregularities in the grant of licences to 122 applicants, majority of whom are said to be ineligible, the blatant violation of the terms and conditions of licences and huge loss to the public exchequer running into several thousand crores. The CBI should also probe how licences were granted to large number of ineligible applicants and who was responsible for the same and why the TRAI and the DoT did not take action against those licensees who sold their stakes/equities for many thousand crores and also against those who failed to fulfill rollout obligations and comply with other conditions of licence.

(ii) The CBI shall conduct the investigation without being influenced by any functionary, agency or instrumentality of the State and irrespective of the position, rank or status of the person to be investigated/probed

(iii) The CBI shall, if it has already not registered first information report in the context of the alleged irregularities committed in the grant of licences from 2001 to 2006-2007, now register a case and conduct thorough investigation with particular emphasis on the loss caused to the public exchequer and corresponding gain to the licensees/service providers and also on the issue of allowing use of dual/alternate technology by some service providers even before the decision was made public vide press release dated 19.10.2007.(iv) The CBI shall also make investigation into the allegation of grant of huge loans by the public sector and other banks to some of the companies which have succeeded in obtaining licences in 2008 and find out whether the officers of the DoT were signatories to the loan agreement executed by the private companies and if so, why and with whose permission they did so.

(v) The Directorate of Enforcement / concerned agencies of the Income Tax Department shall continue their investigation without any hindrance or interference by any one.

(vi) Both the agencies, i.e., the CBI and the Directorate of Enforcement shall share information with each other and ensure that the investigation is not hampered in any manner whatsoever

(vii) The Director General, Income Tax (Investigation) shall, after completion of analysis of the transcripts of the recording made pursuant to the approval accorded by the Home Secretary, Government of India, hand over the same to CBI to facilitate further investigation into the FIR already registered or which may be registered hereinafter.

While it looks comprehensive, it leaves some things to think about.

1) Is the Court satisfied with the contention that, left to itself, the apex investigative agency in the county, the CBI would not do the above said procedures? The directions are nothing but what the CBI should be doing in any ordinary investigation.

2) If the SC believes the CBI would compromise unless such directions are issued, would the Court also believe that once such directions are issued by the court, things will follow the strict line of action outlined here?

Both questions would pose some awkward answers, I am sure.

What is his occupation?

A grade school teacher was asking students what their parents did for a living. "Tim, you be first," she said. "What does your mother do all day?"

Tim stood up and proudly said, "She's a doctor."

"That's wonderful. How about you, Amie?"

Amie shyly stood up, scuffed her feet and said, "My father is a mailman."

"Thank you, Amie," said the teacher. "What about your father, Billy?"

Billy proudly stood up and announced, "My daddy murders people, steals from them, and drinks."

The teacher was aghast and promptly changed the subject to geography. Later that day she went to Billy's house and rang the bell. Billy's father answered the door. The teacher explained what his son had said and asked if there might be some logical explanation.

Billy's father said, "I'm actually an attorney. But how can I explain a thing like that to a seven-year-old?"

ECOCITY PROJECT WITH SPECIAL REFERENCE TO KOTTAYAM

Introduction:

Ecocity can be defined as a sustainable city, designed with consideration of environmental impact and inhabited by people dedicated to minimization of required inputs of energy, waste, water and food and output of heat, air pollution and water pollution – Wikipedia.

The term was first coined by Richard Register in his 1987 book entitled Ecocity Berkeley: building cities for a healthy future.

As per this definition, an ecocity can sustain itself with minimal dependence on the surrounding countryside and also use renewable sources of energy to power itself. The resultant impact on the environment will be the smallest drawing of natural resources and the lowest quantity of pollutants by the efficient use of land, air and water. This would also mean a better level of living for the inhabitants through offering them quality environment all around.

ECOCITY INITIATIVE IN INDIA

Most of the cities of our country are presently facing problems of deterioration of environment and socio-economic conditions. The major concerns are unplanned development, poor sanitary and living condition, urbanisation and associated problems including pollution related problems, poor infrastructure etc. The inadequate infrastructure facilities, deteriorating environmental quality and living condition coupled with the lack of finances, awareness, adequate technical competencies and organisational set-up, and the need for an immediate solution lead to the conceptualisation of “Ecocity” projects. A decade has passed with the first advent of the concept of Ecocity in India. The genesis of the Ecocity Programme in India may be traced to the Zoning Atlas initiative launched by the Central Pollution Control Board/Ministry of Environment & Forests (MoEF), Government of India (GoI). The concept was first seriously discussed at a Conference of Ministers of Environment belonging to different States in May 2000. Subsequently, the initiative was mooted in six small and medium sized towns in India. The thrust areas of Eco city initiatives are:

Environmental Quality: Reducing pollution of air and water is a primary concern. Conserving natural resources, better waste management, better sanitation, reducing air and water borne diseases are other important concerns.

Socio Economic Aspects: Improving the living conditions of the people is of primary importance. Encouraging tourism and other related activities to increase revenue for the local authorities is also targeted.

Recycling: Waste management is an important aspect. It includes reducing waste, recycling materials and reuse of products. Municipal solid waste management system is a thrust area.

Urban Design: Planned development with ample provisions for pedestrian friendly zones, clean and green open spaces, and community recreation areas. Area under green foliage is to be sustained and increased.

Transportation: Focal points would include pedestrian pathways, ample parking facilities, and better roads. Traffic is to be planned and restricted, service lanes to be built and maintained.

Urban Management: Urban sustainability Management System for improving urban management including facilitating with other modern cities and towns in European countries.

ECOCITY KOTTAYAM-KUMARAKAM

The Kottayam-Kumarakom Ecocity Project was born as a result of a collaboration between the Government of India through the Ministry of Environment and Forests (MoEF), Government of Kerala (GoK), Kottayam Municipality (KM) and IL&FS through its subsidiary Ecosmart India Limited (Ecosmart), formed for facilitating environmentally supportive infrastructure development.

The Project addressed the development needs of the Kottayam-Kumarakom Ecocity Region, comprising of Kottayam Municipality, and eight neighbouring panchayats that are mostly rural in nature. The region is on the eastern bank of the Vembanad Lake, the largest backwater lake in Kerala. It is an environmentally sensitive area, with tracts of marsh lands, and an extensive network of waterways. The region is witnessing a sudden spurt in tourism activities based on the lake and the waterways, followed by the resultant development pressures.

Regulatory Authorities

Overall Control: The overall control of various ecocity projects across the country rests with the Ministry of Environment and Forests, Government of India.

Planning and Coordination: Planning and Coordination including the function of researching different proposals and deciding on the basis of needs and resources rest with the Central Pollution Control Board, Government of India

Technical Support: Providing technical support to ensure quality results with the aim of improved urban sustainability rests with German Technical Cooperation (GTZ). GTZ also supports facilitating strategic alliances and project development.

Implementation: Implementation of the project including day to day activities rests with Kottayam Municipality and Ecosmart.

ECOCITY OUTLINE

There are two major projects undertaken as part of Ecocity initiative in Kottayam. The first is rejuvenation of the Mundar River and the second is Renovation of the Kacherikadavu Boat Jetty Canal. The Ecocity initiative is aimed at addressing problems of siltation, deteriorated water quality, growth of weeds, growth of rodents and pests and spread of diseases. The various activities outlined under the twin projects include embankment protection, wastewater treatment, sewerage development, removal of weeds, development of recreational facilities, and landscaping.

Objectives:

· The drive is expected to improve the water quality both in Mundar River and Kacherikadavu Boat Jetty Canal

· By cleaning both the waterways it is expected to reduce the number of rodents and pests and reduce spread of diseases

· Landscaping and development of recreational facilities would offer better meeting places for the local population

· The development of recreational facilities is expected to generate additional revenues for local government

· Traffic bottlenecks can be reduced when Kacherikadavu canal is used for navigation. It would reduce the pressure on road traffic

· Availability of trained personnel sensitive to sustainable urban management including solid waste management and waste water management

KOTTAYAM ECOCITY – A CRITICAL OUTLOOK

In trying to bring together the concept of the ecocity and the problems pertaining to sustainability that come with urban development, Mark Roseland has argued that a collection of apparently disconnected ideas about urban planning, transportation, public health, housing, energy, economic development, natural habitats, public participation, and social justice all hang upon a single framework that is called ‘Ecocity’.

However, it follows from this view that at least a good number of the above components need to be encompassed into the ecocity project for the expectant result. A look at the Kottayam Ecocity Project would reveal that the conceptualization fails in covering the major components of a sustainable Ecocity project. A few aspects are discussed below:

Limited Scale of the Project: The Central Pollution Control Board of India draws up the Ecocity initiative at Kottayam as “The project in Kottayam is aimed at rejuvenating Mundar River and Kacherikadavu Boat Jetty and Canal that have severe siltation and pollution problems”. The Ecocity project is brought down to a very limited scale of cleaning up a river and canal.

Conceptual Misrepresentation: It is doubtful whether the agencies involved with Ecocity Initiative in India have themselves grasped the concept in its totality. “The Kottayam Municipality (Kerala) is implementing ‘Ecocity’ programme to Renovate Kacheri Kadavu Boat Jetty Canal and Rejuvenate Mundar River which were severely degraded because of siltation, weed growth and disposal of domestic waste” explains the CPCB, India. The Ecocity concept is obviously lacking in its entirety in this statement.

Myopic Implementation: The implementation of Ecocity programme in Kottayam involved removal of weeds and vegetation, dredging of the canal, construction of sitting steps, and renovation of parking area. By admission of the implementing agencies, the weeds and vegetation have started to grow back again, and widening of culvert and protection of embankment could not be completed due to price escalation.

TAKING STOCK

A look at the set Objective would be helpful in taking stock of the Ecocity initiative in the pilot project of Kottayam. This would assist in understanding where the initiative lacks in wisdom as far as implementation is concerned and create referral points while formulating projects in future.

· Improving water quality was achieved to a limited scale by cleaning up weeds and vegetation in Mundar River and Kacherikadavu canal. However, due to poor follow-up the weeds and vegetation have grown back again. This happened because the objective was not integrated with the wider conceptual sense of Ecocity.

· Cleaning up waterways and thereby reducing the number of rodents and pests was also achieved to a limited scale. However, this advantage is also being lost since the waterways could not be kept that way.

· Landscaping and development of recreational facilities would meet its objective only if the waterways are kept clean and pollution-free. However, as this objective could not be achieved in full, the recreational facilities will not attract the local public into using them.

· Creation of additional revenue for the public through offering recreational facilities would only succeed when such facilities are frequented by the public.

· Traffic bottlenecks in Kottayam have only increased since the waterways still remain underutilized for transportation.

CONCLUSION

The Ecocity initiative can solve many of the urban development problems in Indian cities. However, the concept needs to be understood in its entirety and all components of the Ecocity concept including transportation, public health, housing, energy, economic development, natural habitats, public participation, and social justice need to be integrated into any projects for getting the expectant results.

Facebook - A Rogue State of Internet World

I like facebook, the way it connects people, the way it helps in collecting and passing information and in the way it allows me to hang out with the group I am comfortable with.

Sameway, I love my dog who is cute looking, playful, lovable and funny at times.

But how much would I love my dog if it were to go around mauling up kids, barking at neighbours, spoiling my lawn, bullying everyone around? Yes, I would start to hate him.

This is exactly what is happening to Facebook now. Facebook has become a bullying epithet for everyone in social media. It has gone to some absurd measures.

The latest in the news is that Facebook is going to be given ownership for Trademark for the word 'Face'. Unbelievable? But true... Facebook has received a notice of allowance from the U.S. Patent and Trademark Office for the trademark on the word “face” when used in the context of online chat rooms or bulletin boards.

That is how absurd it gets. They need to get it passed to start bullying others around.

In August, Facebook filed a suit against social network Teachbook.com in an attempt to protect the use of the word “book” pertaining to an online networking service.

At the same period, Facebook also sued Lamebook for its name. Lamebook is publicly pleading for donations for its legal fund, and calling out Facebook on its site. “Facebook didn’t get the joke. They’ve decided to pick on the little guys: small business owners who seem to be no match for a multi-billion dollar behemoth. But this is one website that’s not going down without a fight.”

There has been other instances too, when it pressurized Placebook, and the site was forced to rename itself to Triptrace. Another instance was Faceporn.

In general it doesn't look good. No one should be allowed to take such a general term as 'Face' and bully others into using the term for anything else. Trademark infringement on such absurd measures are not going improve anything, let alone a brand name.

Is it Judicial Myopia or Prudence?

Being a novice into the field of Justice System, I fail to understand certain aspects of the Judicial reasoning... And rightly so, lest the course would have been superfluous!

As per the common understanding each Judgment coming out from the Apex Court of the country should be impeccable pieces of Judicial understanding, unquestionable by clear rationality and backed by Judicial enactments.

Having said that, I would draw attention to a Judgment of yesterday. (23-11-10)

Download it Here

Board of Wakf, West Bengal v. Anis Fatma Begum & Anr.

Crux of the Case:

The dispute pertains to the Wakf estate of Shahzadi Begum which was created by a Registered Deed of Wakf dated 22.09.1936 by one late Shahzadi Begum. By the said Wakf Deed the Wakf was created with the object of dedicating the property being Premises No. 33, Shakespeare
Sarani, (formerly Theatre Road), Calcutta-700 017, partly for the benefit of the Wakifa, her family and descendants and partly for pious and religious purposes...

Suit No. 488 of 1999 was filed in Original Summons jurisdiction for
answers to be given for the following two questions:

1) Whether the demarcation of the Wakf property being Premises No. 33, Shakespeare Sarani, Calcutta – 700 017, made as above in dividing the said property in two distinctive parts, one for
Wakf-al-al-aulad and the remaining portion for pious and religious purposes, is correct and has been made in consonance with the provisions of the Wakf Deed ?
2) Whether the Wakf Act, 1995 is applicable for the portion of the said property divided and earmarked for Wakf-al-al-aulad ?

By the order dated 30.02.2000 the Learned Single Judge answered the first question in the negative and the second question in the affirmative.

However, in appeal, the Division Bench by the impugned judgment has answered both the questions in the negative. Hence, this appeal.

It was submitted by Dr. Rajeev Dhawan, learned Senior Counsel appearing for the appellant, that only the Wakf Tribunal has jurisdiction in the matter under the Wakf Act, 1995 and hence the Suit filed in the High Court was without jurisdiction. We agree.

Judgment: For the reasons mentioned above, the impugned judgment of the Calcutta High Court cannot be sustained and it is hereby set aside. We hold that only the Wakf Tribunal has jurisdiction in the matter and the parties can approach the Wakf Tribunal, if so advised.

Now the points of my contention are:

The court lays down the reasons for the inactment of Wakf Act, and Tribunal as follows:

The obvious purpose of constituting such a Tribunal was that a lot of cases relating to Wakfs were being filed in the courts in India and they were occupying a lot of time of all the Courts in the country, which resulted in increase in pendency of cases in the Courts. Hence, a special
Tribunal has been constituted for deciding such matters.

Now, this particular case has been filed in the Civil Courts, considered by a Single Judge of the High Court, and on appeal again considered by a Division Bench. And again appeal to the Supreme Court.

Now the Supreme Court finds it should have been filed first in the Wakf Tribunal and only thereafter to the civil courts. Right view.

But anyway it has been brought up into civil courts. Already considered twice in High Court by Single Judge and Division Bench. The time that was supposed to have been saved by the formation of the Wakf Tribunal has already been expended. Now what is the point in referring it back to Wakf Tribunal?

Tribunal was constituted not because the High Court was incompetent to sit in judgement over the matter but merely to save time.

This case now goes back to Wakf Tribunal, and might come up again to the Civil Courts on appeals and finally to Supreme Court. Where have we saved time in this case?

Is it some sort of Myopia or Judicial Prudence? Enlighten me...

Even Australia may not be safe as Murder Destination

Remember the story we read earlier at this space, of a Honeymoon Killer who went to Australia to get rid of his wife, and then went on to serve an 18 month jail term.

The story is still unfolding, with the US accusing Australia of 'Extortion'. Well, US should definitely know how to identify an extortion.. they do it all the time.

It is high time that Austrlia take a second look at the way they handle justice. Honestly, justice was not done to the victim of the Honeymoon Killer. Now if you are not able to do justice yourself, just move over let someone else do the duty...

Of course, unless you honestly want to market your country as a 'Murder Destination' of the world!

Tort: Understanding Wrongful Death Lawsuit

A wrongful death lawsuit is very common these days. Premature death can occur to anyone at any time be it while taking a morning walk, getting treated for usual headache at your nearby hospital or undertaking a short travel, on roads, air or water.

Therefore, understanding the remedy available for wrongful death is also important.

Definition:

Wrongful death is a claim in tort against a defendant wһο through his negligence or wrongful act casued premature death οf another.

Basis:

Nothing can acatually bring back a loved one who has departed all of a sudden from your life. But, the truth remains that you have to take your own life forward. Thе decedent’s extant dependents have the rіɡһt tο recover monetary hurts οr financial compensation for the negligent, willful, οr wrongful act of another that resulted in the wrongful death.

Causes of Wrongful Death:

There can be a number of causes for a wrongful death. A list of possible causes are given below, though it is never a comprehensive list

• Accidents - Car, Dirt bike, Bus, Train, Boat, Ships οr Airplane


• Attacks from Animals

• Pedestrian accidents

• Negligent use of perilous goods

• Industrial Accidents οr construction site accidents

• Nursing home abuse or neglect

• Negligence of Hospitals or Medical Malpractice

• Birth Injuries

• Explosions

For successfully pleading wrongful death the following elements have to be kept in mind while preparing your lawsuit:

• The death of the victim was caused by the negligent act of the defendant either in part or in whole.
• Sufficient proof for negligence of the defendant or strict liability of the defendant
• There should be extant beneficiaries or dependants who suffers due to the wrongful death of the victim
• Proof of financial hurt or futur monetary loss.

Claims:

Entire loss due to the wrongful death of the victim can be claimed by a lawsuit. It would include compensation for financial losses including medical costs. This claim seek monetary hurts, lost wages, pain and suffering, mental anguish, tһе loss οf a relationship, and lost future earning capacity.