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Tuesday, January 12, 2010

CJI comes under RTI Act: High Court

The Delhi High Court on Tuesday held that the office of the Chief Justice of India (CJI) is a ‘public authority’ under the ambit of Right to Information Act and it is bound to provide information about the declaration of asset details by judges of the Supreme Court.

A three-Judge Bench comprising Chief Justice A.P. Shah, Justice Vikramjit Sen and Justice S. Muralidhar upheld the judgment of a single Judge and dismissed an appeal filed by the Secretary-General of the Supreme Court against this judgment. The Bench, however, granted leave to the appellant to file an appeal to the Supreme Court against this judgment since important questions of law required interpretation.

The single judge had on September 2, 2009 dismissed an appeal from the CPIO against an order of the CIC asking the Supreme Court Registry to furnish to RTI activist Subash Chandra Agarwal information in the CJI’s possession on assets of the judges.

“We are satisfied that the impugned order of the single Judge is both proper and valid and needs no interference,” the three-judge Bench said rejecting the submissions of the Attorney General, G.E. Vahanvati who contended “We cannot expose our judges to public scrutiny or inquiry because it would hamper their functioning and independence.”

Writing the 88-page judgment, Justice Shah said “The CJI cannot be a fiduciary vis-à-vis Judges of the Supreme Court. The Judges of the Supreme Court hold independent office, and there is no hierarchy, in their judicial functions, which places them at a different plane than the CJI.’’

“The declarations are not furnished to the CJI in a private relationship or as a trust but in discharge of the constitutional obligation to maintain higher standards and probity of judicial life and are in the larger public interest. In these circumstances, it cannot be held that the asset information shared with the CJI, by the Judges of the Supreme Court, are held by him in the capacity of fiduciary, which if directed to be revealed, would result in breach of such duty,’’ Justice Shah said.

The Bench said “Judges of the superior courts should make public their assets as they are not less accountable than the judicial officers of the lower courts who are bound by service rules to declare assets. Judicial independence is not a judge’s personal privilege but a responsibility cast upon him. A Judge must keep himself absolutely above suspicion, to preserve the impartiality and independence of the judiciary and to have the public confidence thereof.”

The Bench said “the introduction of the stipulation of declaring personal assets is to be seen as an essential ingredient of contemporary accepted behaviour and established convention. Judiciary of undisputed integrity is the bedrock institution essential for ensuring compliance with democracy and the rule of law. Even when all other protections fail, it provides a bulwark to the public against any encroachments of its rights and freedoms under the law.”

“Accountability of the Judiciary cannot be seen in isolation. It must be viewed in the context of a general trend to render governors answerable to the people in ways that are transparent, accessible and effective. Behind this notion is a concept that the wielders of power – legislative, executive and judicial – are entrusted to perform their functions on condition that they account for their stewardship to the people who authorise them to exercise such power. Well defined and publicly known standards and procedures complement, rather than diminish, the notion of judicial independence. Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant,’’ the Bench observed.

The Bench quoted Edmund Burke who said “All persons possessing a portion of power ought to be strongly and awfully impressed with an idea that they act in trust and that they are to account for their conduct in that trust.”

Sunday, January 10, 2010

At What age should I start talking to my son about SEX?

my son is 5 years old . i want him to get a head start on the nasty world of sex. I want to teach him all that there is to know.

is this too young?

How often should i have sex with my girlfriend?

My girlfriend and i have been together for 5 years, and we have a long distance relationship.We speak on the mobile phone everyday and i see her once every 2 to 3 weeksShe complains that i want to have sex with her anytime i see her and its is a big problem to her. But i said to her its not a big deal when only have sex like about 2 or 3 times a month, but she still complains to me and even considered breaking up with me because i want to have sex with her anytime i see her. What should i do?

Friday, January 8, 2010

Guarding fences: SSB


'Sashastra Seema Bal' (SSB) celebrates its 46th Anniversary on December 20, 2009 in New Delhi.

teenage smoking


21.1 per cent boys have ever used tobacco as against 14.7 per cent girls. Lead author and doctoral student at the Harvard School of Public Health, Amenah A. Babar, noted: “As a leader in global tobacco prevention, India faces many challenges in addressing the tobacco epidemic that has affected one of its most vulnerable populations -- India’s children.’’

SRK, Priyanka bag top honours at Apsara Awards

Avatar - the screen magic


The 3-D Avatar of a paraplegic ex-marine sent to infiltrate a tribe falls in love with the princess Neytiri and the people.Cameron again combines elements of massive spectacle and intimate character to tell a relatable and emotional tale.Like 'The Matrix' and 'Star Wars,' 'Avatar' too is the quintessential story about good warriors led by the destined Chosen One battling evil oppressors who control the system.Cameron's film is a feminist statement despite its male protagonist, simply because it's the women in the film who wear the pants and save him consistently. The woman is the face of preservation in both camps.It shouldn't totally surprise us if an animated character gets a Supporting Award nomination, that's the level of detailing.'Avatar' is a blend of live-action photography and new virtual photorealistic production techniques.'Avatar' packs every single conflict we've faced in recent history and explores these themes rather seamlessly, employing the 3-D fusion technology only to flesh out the canvas demanded of such an epic.Avatar is an instant classic not because it's a game-changer for cinema, visual effects and the way stories are told on this planet but because it is the most definitive film of our times.

SC issues notice to Centre, Maha govt on security of hotels

The Supreme Court today issued notice to the Centre and Maharashtra government on a petition seeking laying down of security guidelines for hotels to avoid any terror attack like the 26/11 strikes in Mumbai.

The apex court also sought response from the East India Hotels Limited, owners of Oberoi Trident and Indian Hotel Company Limited, owners of Hotel Taj in Mumbai on the issue of providing compensation to the victims of terror attack.

The PIL was filed by Sarla Parekh and others who had lost their kith and kin during the Mumbai terror attack.

Advocate Meenakshi Arora, appearing for the petitioners, submitted that all hotels should have public liability insurance to provide compensation to the victims of such attacks.

She submitted that there should be some guidelines for internal security in the hotels to provide safety and security to the guests and hotels staff should also be trained to meet such emergency situations.

Thursday, January 7, 2010

HC issues notice to N D Tiwari on paternity suit

The Delhi High Court today issued notice to veteran politician and former Andhra Pradesh Governor N. D. Tiwari on a paternity suit filed by a youth claiming to be his biological son.

A Bench headed by Chief Justice A. P. Shah asked Mr. Tiwari to give his response by February 9 on the suit filed by Rohit Shekhar, 30, seeking its direction to declare Mr. Tiwari is his biological father.

Wednesday, January 6, 2010

Google, Apple fight to conquer mobile market


Google is billing its phone, called the Nexus One, as a “super” phone, a device designed for people looking for something more advanced than the iPhone, Research in Motion Ltd.’s BlackBerry and other devices that serve as pocket-sized computers.

indialink exchange