vinod satpute
09 February 2009 at 16:12
Human Rights International v. Union of India
The erstwhile territory of ’British India’ was divided, and under the provisions of the Indian Independence Act, 1947, passed by the British Parliament, India and Pakistan were established. The said Act, under Section 7 (1) (b), also terminated the treaties or agreements ending British Paramountcy over the Native Indian States namely Kashmir, Mysore, Hyderabad, etc.
In pursuance of the end of British Paramountcy, the Maharaja of Kashmir acceded to India; Pakistan, however, contested the accession. The resulting hostility between the two nations led predictably to the wars of 1948, 1965, and 1971. In a bid to resolve issues peacefully, the Shimla Accord of 1972 was signed.
Subsequently, terrorists started attacking India and during the last two decades, about 20,000 people were killed and large numbers were injured. The arrest of a number of these terrorists and other information collected by the intelligence agencies indicated that these terrorists were trained in Pakistan. India protested against such trainings and requested Pakistan, through diplomatic channels, to deal with the perpetrators of the crime. However, terrorist activities remained unabated. The most dastardly was the terrorist strike on November X, 2008 in Mumbai which killed more than 200 people and maimed and injured several others.
Responding to the huge public out cry and detailed coverage in the media, the Indian Parliament debated the matter extensively. The US response to 9/11 incident was considered. It was finally decided to pass the Trial of Cross-Border Terrorists Act, 2008 [Act no X of 2008].
Section 2 declared ‘cross-border terrorist acts’ as ‘acts of war’ and such a terrorist, as an ‘enemy alien’. Section 3 defined a ‘cross-border terrorist’ as a person coming from Pakistan who commits an act of terrorism killing or injuring persons intentionally. Section 4 provided for the appointment of an ‘Investigating Officer’. Section 5 enumerated the powers of the investigating officer, which, inter alia included detention of suspected cross-border terrorists in their custody or camp till the end of their trial. Section 6 made confessions as admissible evidence. Section 7 placed the onus of proving his innocence on the accused cross-border terrorist. Section 8 provided for the establishment of a Special Security Tribunal headed by the Judge Advocate General to try the accused cross-border terrorist. Section 9 permitted legal representation for the accused cross border terrorist. Section 10 mandated full opportunity to the accused cross border terrorist to defend his innocence. Section 11 mandated the holding of proceedings in camera and completion of the trial within 3 months from the date of framing of charges or transfer. Section 12 prescribed minimum punishments which included life sentence. Section 13 barred the jurisdiction of the Supreme Court or any other Court against the conviction or sentence passed by the Special Security Tribunal. Section 12 mandated that the orders of the Tribunal be made public. Section 14 required transfer of all pending cases relating to the cross-border terrorists to the Special Security Tribunal. Sec.15 empowered the Central Government to make rules regulating the procedure of trial and incidental matters.
The Human Rights International headed by an Indian challenged the constitutional validity of the Act of 2008 under Article 32 of the Constitution before the Supreme Court. The division bench of the Court issued notice and referred the matter to the Constitution Bench to decide the question as to whether the Trial of the Cross Border Terrorists Act, 2008 is constitutionally valid.
WHAT ARE THE LAWS APPLICABLE TO THIS CASE AND HOW SHOULD I START WORKING FOR THIS CASE.
A. A. JOSE
09 February 2009 at 15:53
Dear Sirs,
For the first time in our country, the Electricity Act 2003 has provided for a provision under its section 153 for the constitution of Special Courts for trial of offences referred to in different section of the Act. The said special Courts are empowered with the power to determine the civil liability also under subsection 5 of Sectionb 154 of the Electricity Act and by virtue of the provisions of section 155 of the Act, such special courts hav power of Court of Session.
As per the provisions under section 145 of the Electricity Act 2003, the jurisdiction of civil courts have also been barred in respect of certain matters stipulated therein.Section 135 of the Act deals with the theft of electricity while section 126 deals with unauathorised use of electricity. There is a specific provision under section 127 of the Act for appeal againist the decision of assessing officer made under section 126 whereas for theft of electricity, the remedy lies to the Special Courts created under section 153.
Now my question is, whether considering the aftersaid provisions it can be concluded that no other courts/forum other than the Special Court has jurisdiction for trial of offences and other related matters including determination of civil liability for theft of electricity or not. Further, whether the consumer courts are competent to interfere in the case of proceedings for theft or unautherised use electricity cases initiated by the Electricity Companies or not.
Further, considering the fact that specific appellate forum has been provided for unauthorised use of electricity cases, whether it would be tenable for the consumer forum to interfere with such cases or not.
Sorry for the lengthy question, but the issues are of vital importance to all persons and therefore, may I request the experts to throw more lights with legal authorities please.
ram
09 February 2009 at 15:35
Respected Sir
what points taken in to consideration while purchased un regd will property. with best of my knowledge the un regd will is also legally valied. Pl give property suggession thank Q
DON BOSCO Proprietor of DON As
09 February 2009 at 13:09
What all are the registration needed to open a educational related training centre. please advice
Chandan Garg
09 February 2009 at 12:23
Opp. party is from Jamshedpur and i have filed case in Raipur.
The court has issued Arrest warrants but the party has managed the police of his area.
can i take the police of My city for his arrest?
If yes
then do i have to take warrants in the name of police of my city or not??
Chandan Garg
09 February 2009 at 12:18
please tell
can a landowner takes objection on passing of electricity line over his land??
if yes then how can it be resolved
advocate satya
09 February 2009 at 11:53
hi
we are an NGO and want to start an corresspondence institute for MBA, can the ld. members of this forum will let me know what are the procedure i mean paper work required to start this institute and we dont want to get affilation from AICTE, what is the other way out for it?
adv fauzia azim
08 February 2009 at 23:47
HELLO FRIENDS,
I AM IN NEED OF MEMORANDUM OF SETTLEMENT.BETWEEN AN EMPLOYER AND EMPLOYEE(MUMBAI).IT IS FOR VOLUNTARY RETIREMENT OF THE EMPLOYEE WHO IS SEMI-SKILLED AND ESTABLISHMENT HAS ONLY 3 EMPLOYEES AND FALLS UNDER MINIMUM WAGES ACT.PLEASE GIVE ME TIPS FOR CLAUSES TO BE INCLUDED IN THE SETTLEMENT SO THAT THE EMPLOYER IS NOT HARASSED BY THE EMPLOYEE IN FUTURE,THANKS FOR ALL THE SUPPORT FOR THE PAST QUERIES AND THANKING IN ADVANCE FOR THIS QUERY.
kalyani choudhury
08 February 2009 at 23:04
If there is an agreement to sell between a builder and X, if it is not registered is it valid in court ? Builder has paid some money to X and x is heir of part share of the property .If valid then for what time period ?
Kalyani
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