• NATIONAL NEWS

Delhi govt firm on Afzal Guru's Death sentence

The Delhi government is firm on the death sentence for Afzal Guru, sources have told NDTV. The state government has sent back Afzal's file to Lieutenant Governor Tejinder Khanna. The L-G had sought some clarifications on the Afzal Guru mercy petition late on 18th M. Guru was awarded the death sentence by a Delhi court on 18th December, 2002 after being convicted of conspiracy to attack Parliament on 13th December, 2001, waging war against the country and murder. The sentence was scheduled to be carried out on 20th October, 2006, but Afzal's wife Tabassum filed a mercy petition before the President. Afzal's execution was stayed.

Let Law take its own course in Afzal case: Omar

Jammu and Kashmir Chief Minister Omar Abdullah said on 19th May, 2010 that law should be allowed to take its course in the mercy petition case of Parliament attack convict Afzal Guru, who is a Kashmiri Muslim. In an exclusive interview to CNN-IBN Omar said that media or political trial of Afzal case should not be carried out. "That question should be asked from the Law Department and the Government of India. My only point is that we have some legal system and that legal system has certain checks and balances and it is important that those balances are fully carried out. Any person who has been given the death row has every right to knock on multiple doors, the last door being the President of India," Omar replied when asked about his views on Afzal's mercy petition.

Case against IOC for delivering less fuel to dealers

The Legal Metrology Department has registered a case against public sector Indian Oil Corporation (IOC) for delivering less fuel to dealers, a senior government official said on 20th May, 2010. "Acting on a complaint from petrol dealers, we checked tankers from IOC Vashi terminals and found two tankers were short-filled by 106-litres and 92-litres, each. We filed a case against IOC, Vashi," Konkan Region Legal Metrology Deputy Controller, A M Naik said.

'Uncle Judges' - relatives in court; P&H HC forwards names to Law Ministry

A Tribune report indicates that the Punjab & Haryana High Court has about 16 judges whose relatives practice in the same court, and at times, appear before the same Bench. The Chief Justice of the High Court, Justice Mukul Mudgal has forwarded a list to the Ministry of Law & Justice. Earlier this year, the ministry had sought the high courts to identify and furnish a list of all judges who have their kith and kin practising in the same court. The ministry's demand was backed by the 230th report of the Law Commission available here, which reads, "There are occasions, when advocate judges either settle their scores with the advocates, who have practised with them, or have soft corner for them. In any case, this affects their impartiality and justice is the loser." The report concludes, "In any case, the judges, whose kith and kin are practising in a High Court, should not be posted in the same High Court. This will eliminate 'Uncle Judges'."

Cipla scores victory in the Supreme Court

The Supreme Court has rejected F. Hoffman La Roche's petition to stop Cipla from marketing and selling Erlocip, the generic version of its lung and pancreatic cancer drug, Tarceva. Earlier, rejecting the arguments advanced by Roche's lawyers, Mr. Abhishek Manu Singhvi and Mr. Parag P. Tripathi, the Delhi High Court had held that Cipla has raised a serious doubt as to whether Roche in fact hold a patent for the product sold as Tarceva, and that they have been unsuccessful at making out a prima facie case in their favour for grant of an order restraining the defendant from marketing Erlocip. Cipla also recently emerged a victor when the Delhi High Court dismissed Bayer's plea to restrain the Drug Controller General of India from granting a licence to Cipla for the manufacture, sale and distribution of the drug 'Soranib'.

'Office of profit' amendment is constitutional, says Supreme Court

The Office of Profit judgment that had been kept reserved since 2008 was finally delivered on 23rd May, 2010. A three-Judge Bench of the Supreme Court comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal, has lent judicial sanction to the amendment which exempted 55 offices occupied by members of the Parliament. The petitions were filed by the Consumer Education and Research Society, a Gujarat-based NGO and Dinesh Trivedi, currently the Union Minister of State for Health, challenging the validity of the 2006 amendment to the Parliament (Prevention of Disqualification) Act, 1950, popularly known as the 'Office of Profit' Act.

Good news for India as Legal Outsourcing gets formal support from Ohio Supreme Court

The Ohio Supreme Court's Board of Commissioners on Grievances & Discipline has offered guidance to the state's lawyers on outsourcing legal or support services. The advisory states that there is nothing the Ohio Rules of Professional Conduct that prohibits the use of outsourcing services. Although advisory opinions are non-binding, the opinion marks the first time that a state Supreme Court has officially approved legal outsourcing. Consequently, the move is likely to boost the US profile of LPO services, which are used widely by IP lawyers as a cost-effective means of fulfilling client demands.

Dipak Misra new Delhi HC CJ

Chief Justice Dipak Misra of the Patna High Court has been transferred to the Delhi High Court. He is expected to assume charge on or before May 28. Bar & Bench had earlier reported rumors of his transfer. After starting his practice in 1977 at the Orissa High Court, he was appointed as an additional judge in the same court in 1996. A year later he was transferred to the Madhya Pradesh High Court where he became a permanent judge. In 2009 he assumed charge as the Chief Justice of the Patna High Court. Justice Madan B. Lokur has been holding the fort at Delhi as Acting Chief Justice since Justice A.P. Shah's retirement in February.

Delhi High Court stays strike by Air India employees

The Delhi High court has restrained Air India employees from continuing with their strike. The court has imposed a stay on the ongoing strike and also on the strike that they had proposed to undertake from May 31. The stay will be on in place till July 13, the next date of hearing. The National Aviation Company of India Limited (NACIL) had moved a petition in the Delhi High Court challenging the strike by Air India employees.

• INTERNATIONAL NEWS

SC takes up challenges against 18th Amendment on 26th May, 2010

A 17-member larger bench of the Supreme Court will start hearing on 24th May, 2010 a set of almost identical petitions challenging certain provisions of the 18th Amendment, particularly the formation of a judicial commission for the appointment of superior courts' judges. The petitions were filed by the Supreme Court Bar Association, Lahore High Court Bar Association, Lahore High Court Rawalpindi Bench Bar Association, district bar associations of Rawalpindi, Sangarh, Gujrat, Sialkot, Pakistan Lawyers' Forum, Watan Party, Naeem Ahmed advocate, Ijazul Haq, Sardar Khan Niazi, Shahid Orakzai, Kowkab Iqbal and Al-Jehad Trust.

States back WHO chief against flu pandemic 'smear'

The World Health Organisation received backing from member states on 17th May, 2010 over its handling of the flu pandemic as WHO chief Margaret Chan said the world had been "lucky" with swine flu. As the WHO's annual assembly opened here, French Health Minister Roselyne Bachelot bluntly dismissed criticism of the UN health agency as "unjust", calling some of it a "smear campaign". Chan told representatives of the WHO's 193 member states that "good news" in public health terms was normally driven by political commitment, resources and the ability to deliver care. "Sometimes, though, we are just plain lucky. This has been the case with the H1N1 influenza pandemic," she said.

Lawyers observe Strike against Caricature

The lawyer community on 20th May, 2010 observed complete strike in Rawalpindi district against blasphemous caricatures on internet.The lawyers did not attend the courts and held special meetings at bar rooms to condemn this the blasphemy. The Rawalpindi District Bar Association (RDBA) held an extraordinary meeting at the bar room of the District Courts. RDBA President Malik Waheed Anjum, Secretary General Khurram Masood Kiyani, former President Raja Asif, other office-bearers and large number of lawyers attended the meeting.

Tribune Facing Legal Battle With Creditors

The Tribune Company will have to wait another week before its reorganization plan is sent to creditors for a vote, and the plan will have to include letters warning that approval will lead to protracted legal battles, a judge ruled on 20th May, 2010. Holders of both senior and junior claims made it clear at a bankruptcy court hearing that Tribune faced a legal slog before it exited Chapter 11. The company, which owns The Chicago Tribune and The Los Angeles Times, has proposed turning over its operations to investors holding $8.7 billion in senior loans, while leaving little for other creditors holding more than $3.6 billion in claims.