Sunday, June 12, 2011

Starting the PIL revolution

Krishnadas Rajgopal in Indian Express Jan 26, 2010

Thirty-one years ago, a woman lawyer confidently climbed the 17 steps of the Supreme Court and walked into a cold, thick-walled courtroom without a thought for the frowns trained at her from the high priests of Indian judiciary and her male colleagues.

Senior Advocate Pushpa Kapila Hingorani had a mission that day in December — one that the Supreme Court had never heard of before and one which would eventually kick off a revolution called the Public Interest Litigation (PIL) across the country. It was the same year she had resolved to give up her law practice and stay home.

The two pages she carried to the court contained the plight of undertrial prisoners languishing in jails in Bihar— men, women, children, lepers and mental patients cast away into jails and forgotten by the state. She wanted the court to intervene immediately and give orders to release them on bail. The historic case, later known to every law student in India as Hussainara Khatoon Vs Home Secretary, Bihar, drew its name from one of the prison inmates. It was the first PIL in India.

A shocked Supreme Court Bench led by Justice P.N. Bhagwati went on to release over 40,000 undertrial prisoners from various jails nationwide.

“The success of the Khatoon case was so widespread that the Supreme Court in the 1980s opened a new section in the Registry devoted to PILs. Officers used to sift through the incessant bombardment of letters or petitions from citizens everyday and choose the ones which should be brought to the court’s attention,” says Hingorani, who was born at the Kenyan Capital Nairobi into an Arya Samaj family.

“The Supreme Court held in the Hussainara Khatoon case that speedy trial and legal aid to the poor are the two essentials of a PIL. Today, as a woman who gave birth to PIL, I get hurt when people misuse it or judges do not understand the public problem laid before them,” she says.

Her title— “Mother of PIL” — is well-deserved. She has over the past 30 years done nearly 100 PILs, free of cost, including the Bhagalpur Blinding case of 1981 and Rudul Sah case of 1983. Her personal favourite among the PILs she did was one in which the Delhi Development Authority (DDA) agreed to pay Rs 1,000 to lepers to build their jhuggies. “I asked the court how people who could not even eat with their hands, build jhuggies? I sought the court to order the DDA to build them jhuggies and build them better,” she remembers before slowly walking indoors to escape the winter evening nip.

Friday, June 10, 2011

Is another Nandigram imminent?

God knows if another Nandigran is soon going to happen ... on the soil of Jagatsinghpur in Orissa!

Here's an update on the situation (as posted on binayaksen.net):
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OVERNIGHT OR DAWN POLICE ATTACK IMMINENT ON POSCO AFFECTED VILLAGES

URGENT PRESS RELEASE
09 June 2011

The Odisha police have called in heavy reinforcements and are moving into positions all evening around the villages of Dhinkia and Gobindpur in Jagatsinghpur District of Odisha state. These villages form the epicentre of over 6 years of successful peaceful resistance to the scandalous POSCO steel-mining-power-port project – the world’s largest. This project is being pushed through by Odisha and Indian Governments in blatant violation of fundamental rights and a variety of environmental and economic laws of India.

According to confirmed sources within the Odisha establishment, the attack on this peaceful resistance is more than likely early morning tomorrow, if the police do not unleash terror overnight. The resilient people of these villages including women, children, elders, youth and men are holding overnight vigils along the borders of their villages now and will stay so till the police withdraw.

An alarming aspect of such abuse of police powers is that over 26 platoons of police have been mobilised around these villages over the past two weeks. Such heavy police presence betrays the Odisha Government’s claims that the acquisition of land for the project is peaceful.

The current Senior Police Officer in charge of the operation is the former Superintendent of Police of Kalinganagar, who had ordered firing on villagers protesting the Tata Steel plant, killing many tribals and injuring scores more. Under this officer’s ruthless leadership, the Odisha police has effectively declared an emergency on the resisting villages, completely halting normal life over the past several weeks. It is more than likely now that a needless carnage will result because of the such strong arm tactics of the police.

On behalf of the POSCO Pratirodh Sangram Samithi (PPSS), this urgent release is being made requesting your earliest attention to this impending disaster. India could do well without another Kalinganagar, or Nandigram, and the role of the mass media is critical in preventing such an incident.

Tuesday, June 07, 2011

High-speed Euro train gets green boost from two miles of solar panels



Tunnel on Paris-to-Amsterdam line topped with 16,000 solar panels to power Antwerp station and Belgian train network
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Damian Carrington The Guardian, Monday 6 June 2011
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A two-mile-long Belgian rail tunnel, built to shelter trains from falling trees, will from Monday provide a double environmental benefit by hosting a unique solar power project.

The high-speed line running from Paris to Amsterdam passes Antwerp and a nearby ancient forest. To avoid the need to fell protected trees, a long tunnel was built over the line which has now been topped with 16,000 solar panels. The electricity produced is equivalent to that needed to power all the trains in Belgium for one day per year, and will also help power Antwerp station.

"For train operators, it is the perfect way to cut their carbon footprints because you can use spaces that have no other economic value and the projects can be delivered within a year because they don't attract the protests that wind power does," said Bart Van Renterghem, UK head of Belgian renewable energy company Enfinity, which installed the panels.

"We had a couple of projects lined up around London with train operators and water utilities, but they have been put on hold."

Van Renterghem said this was due to the UK government's controversial review of subsidies for large-scale solar power projects, which will lower the returns available.

The UK government argues that solar technology is too expensive, but Van Renterghem said he had seen the cost of cells halve in the last two to three years thanks to economies of scale in Germany, France and Belgium.

The new Blackfriars station in London, which will span the River Thames, will host the largest single collection of solar panels in the UK when it opens in spring 2012.
The roof of the new station will have 4,400 panels and a capacity of 1MW, enough to provide 50% of the station's electricity. However, the development is not dependent on the level of government subsidy for solar power as the £7.3m bill was paid by the transport department's environment fund.

Monday, June 06, 2011

Richest Bureaucrat: IAS at 22 and 253 crore asset at the age of 45

5 June 2011

statesman news service
RAIPUR, 5 JUNE: A Chhattisgarh cadre who cracked the IAS exam in his maiden attempt at the age of 22 is probably the richest bureaucrat of the country. According to reports of the Income-Tax department this IAS officer has accumulated assets to the tune of Rs 253 crore, all by alleged corrupt means.
The 45-year-old serving IAS officer, Mr Babulal Agarwal, belongs to 1988 batch. From the country’s worst famine-hit district of Kalahandi in Orissa, he is now in the dock.
Of late, Bhopal-based I-T department has submitted about a 5,000-page report to the Chhattisgarh government, listing out details how the officer created an empire of Rs 253 crore. The report is based on the raid it had carried out at his residence and at his charatered accountant's place here in Feburary last year. Mr Agarwal was the then agriculture secretary.
Later, Chhattisgarh’s BJP government suspended him from the post but reinstated him after a few weeks that raised questions about the government’s intent to fight corruption.
The I-T report has recommended action against the officer who is always keen on foreign trips and said that Mr Agrawal has floated some 30-odd companies in the past 11 years and operated more than 470 bank accounts with a total asset pegged at a whopping Rs 253 cr.
The report has now hit the headlines in the state on which Union law minister Mr M Veerappa Moily said in March during his visit here that, "Chhattisgarh is the most corrupt place in the country." Mr Agrawal, who is now secretary, co-operatives, has termed the I-T report "baseless".
"The I-T raid in February 2010 had found Rs 8 lakh from my residence in Raipur and it was all tax-paid money,’’ Mr Agrawal told The Statesman, adding, "reporters should avoid conducting media trial on the issue because it’s sub-judice. I have moved the Chhattisgarh High Court at Bilaspur against what I-T department claimed about my assets.’’
Mr Agrawal was miffed with repeated questions about his illegal assets empire, and said, "I belong to a business family. How the I-T department can club assets of my family members in my name, my brother, father and other members, all have separate business activities for long time and you can’t show their income in my name, I will fight it out.’’
Chhattisgarh’s chief secretary Mr P Joy Oommen, when asked why is the government not taking action against the IAS officer for piling up an illegal assets empire, said, "the whole issue of I-T raid against Mr Agrawal and then I-T report to state government, has been sent to Economic Offences Wing (EOW) for its own investigation and action to be taken only after a final report of the EOW is received.’’
Official sources say that I-T report has specific mention of several evidences about 'rag and rich’ story of Mr Agrawal who has always been dynamic in engineering corruption since he got the first posting in 1988 as assistant collector of Khargone district in undivided Madhya Pradesh. Though a few senior officials here recall his contribution to effectively execute key government schemes in Sehore district in Madhya Pradesh in 1995 when he served there as collector.
As per the I-T report, Mr Agrawal amassed his mind-boggling illegal assets mainly in the past 11 years when his postings ranged as collector in Durg and Rajn-andgaon districts to secretary in health department and then in agriculture department with the Chhattisgarh government.

Sunday, June 05, 2011

Germany announces end to nuclear power by 2022

Associated Press, Updated: May 30, 2011 (NDTV)
Berlin: Germany's Environment Minister has said that Chancellor Angela Merkel's coalition government has agreed to shut down all of the country's nuclear power plants by 2022.

Norbert Roettgen also says the seven oldest reactors taken off the grid pending safety inspections following Japan's Fukushima nuclear disaster in March will remain offline permanently.

He says all but the three newest reactors will be shut down by 2021, and the remainder a year later.

Roettgen announced the agreement early Monday morning after hour-long negotiations between the governing parties.

Merkel in 2010 had pushed through to extend the lifespan of the country's 17 reactors with the last one scheduled to go offline in 2036, but she completely reversed her policy in the wake of Japan's nuclear disaster.

Baba Ramdev detained, asked to leave Delhi

NDTV, New Delhi: There was high drama at the Ramlila Ground in New Delhi after a defiant Baba Ramdev refused to call off his fast despite the government's best efforts. The government then hardened its stand and asked the yoga icon to leave Delhi.

Delhi Police served an externment order on Baba Ramdev and Section 144 of the Indian Penal Code (IPC), which prevents unlawful assembly of five or more persons, was imposed. Police sources say the order was issued after Baba Ramdev used the Ramlila Ground for staging a hunger strike against corruption instead of a yoga camp.

Sources have told NDTV that Baba Ramdev was detained and sent to Haridwar, but Home Secretary GK Pillai says the yoga icon voluntarily left Delhi.

The Press Trust of India (PTI) has reported that Ramdev has sought the intervention of the Chief Justice of India. PTI reports also suggest that at least 30 people were injured in the police action in Ramlila Grounds.


Read more at: http://www.ndtv.com/article/india/baba-ramdev-detained-asked-to-leave-delhi-110200?cp

Friday, June 03, 2011

I will join Baba Ramdev on June 5: Anna Hazare

CNN-IBN, Jun 02, 2011 at 10:30am IST

New Delhi: After the Baba Ramdev scare, there is a new complication for the government. Now, Anna Hazare and Baba Ramdev pose a combined challenge to the UPA government and the Congress party.

Anti-corruption crusader and Lokpal panel member Anna Hazare on Thursday announced that he will join Baba Ramdev's protest fast in Delhi on June 5 saying he won't allow the government to weaken the anti-corruption agitation.

Hazare lashed out at the Centre saying that the government has tried to cheat civil society members on the Lokpal bill and tried to sabotage the Lokpal panel.

"I will join Baba Ramdev on June 5. The fight is against corruption. I will talk to Baba on how to go forward on the fight against corruption. The government has tried to cheat us. The government had assured us that they would look into our demand," he said.

With just two days to go for Baba Ramdev's fast, battle lines are drawn between the government and civil society groups fighting for a strong anti-graft bill.

"I will support Baba Ramdev so that the government does not do what it did when we were fighting. We will fight together against corruption," he added.

Hazare claimed that the government lacks the intention to root out corruption from the system. He said that the government is insecure and is only trying to prolong its stay at the Centre.

"The government is bringing in clauses so as to let corruption grow. The government lacks the intention to root out corruption from the system," he said.

Anna Hazare also said that there is no divide in the civil society over the Lokpal bill.

"There is no two views on Lokpal bill between us and Baba," he said.

Meanwhile, the UPA's outreach to Baba Ramdev continues. Ministers are expected to meet Ramdev on Thursday as well.

The Cabinet too is expected to discuss the Ramdev issue. significantly the Congress Core Committee will also meet today. Baba Ramdev though is firm on going ahead with his fast, starting Saturday.

The meetings come even as the party indicated it was miffed with the government's red carpet rolled out to the Yoga guru at the airport on Wednesday - he was received by four Union Ministers and the cabinet secretary.

The party is also worried about the fact that the RSS has come out in support of Baba's protest.