Madras High Court notice to mobile companies for extra SMS charging

Posted on December 29, 2011 by bizandlegis

The Madras High Court Bench at Madurai has issued notices to as many as ten companies while considering a petition presented before the court seeking a direction to the mobile phone service providers and the Telecom Regulatory Authority of India (TRAI) not to charge extra tariff during festivals and other important days.

The companies include Bharti Airtel, Aircel, Vodafone, Reliance, Idea Cellular, Unitech, Tata Docomo, MTS mobile, BSNL mobile and Videocon.

Petitioner Arunachalam alias Arun also sought an interim stay on undue and sudden hike on SMS charges during important festivals and special occasions like New Year’s Eve on December 31 2011 and January 1 2012. He contended that mobile companies offered attractive packages while enrolling customers, including 200 Free SMS for one rupee a day, 50 paise per SMS but later announced they would maintain special SMS tariffs on December 31.

This hike in the costs forced users to restrict SMS and curtailed private space and free communication on significant festival days. He alleged that the TRAI was also not taking steps to prevent this abuse by the companies. He further stated that the mobile operators, regardless of tariff plans would charge Rs 1.50 per SMS on Dec 31, “which is unfair.” Due to the imposition of the hiked charges, he claimed that the previous year SMS revenue of the companies was Rs 100 crore on the New Year’s Eve. The petitioner said users are being charged extra at a time when they would desire to use their mobile phones the most, violating the natural justice and other rights guaranteed under the constitution. Among important days on which extra tariff was collected was Pongal, Christmas, New year, Valentine’s day, Independence day and Diwali.

The bench after giving due consideration of his arguments, issued notices to the TRAI chairperson and Zonal/Regional Managers of 10 companies Bharti Airtel ltd, Aircel Ltd, Vodafone, Reliance, Idea Cellular, Unitech, Tata Docomo, MTS mobile, BSNL mobile and Videocon.

The case has been posted for further hearing on January 21 2012.

Madras High Court notice to mobile companies for extra SMS charging

Legal News Report by Radhalakshmi R

Lokpal Bill passed: No constitutional status for the bill

Posted on December 28, 2011 by bizandlegis

The much awaited Lokpal bill was passed by the Lok Sabha on Tuesday after a lengthy debate session of 11 hours that lasted almost till the stroke of the midnight hour by a voice vote after the government agreed to 10 amendments. The House also passed the Lokayukta Bill and Whistleblowers Bill were also passed successfully. However, the UPA government failed to garner the support of two-thirds majority which was required for the passage of the legislation designed to grant constitutional status to the ant-graft watchdog. Finance Minister lamented the failure to pass the bill that confers the constitutional status and said that it was “a sad day for India, a sad day for democracy.” It was Congress General Secretary Rahul Gandhi’s vision to establish the Lokpal as a constitutional body.

At least 15 Congress members and close to a dozen belonging to UPA allies were not present at the time of voting, contributing to the defeat of the brainchild legislation of Rahul Gandhi, who had termed it a “game-changer” in August, which proposed to make the Lokpal a constitutional body. The government needed a majority of 288 votes out of the 432 members present in the House. It could manage only 249, though there were 275 UPA members present in the Lok Sabha in the morning. The defeat led BJP leader Yashwant Sinha to demand that the government quit as it had lost moral authority. “Say bye, not aye,” he quipped.

Lokayuktas will not be notified until states concur according to the amended version of the Bill and the ruling party had already been warned by the UPA allies such as Trinamool Congress against the impressing Lokyuktas on states.

The amendment made to the selection panel for the Lokpal would now comprise of leader of the opposition in Rajya Sabha in place of an eminent jurist – a suggestion by leader of the opposition in Lok Sabha Sushma Swaraj.

The armed forces would be specifically excluded from the purview of the lokpal – a lacuna pointed out by RJD chief Lalu Prasad.

Government also agreed to the amendment put forth by the BJP leader Sushma Swaraj to water down the provision which required three-fourths of Lokpal to agree to commence proceedings against the Prime Minister. The requirement has now been reduced to an agreement among two-thirds of the anti-corruption body. Section 24 which required presiding officers of legislatures to report to Lokpal action taken on reports filed against their members has been taken away.

The several amendments to the Bill appear to have left the bill as a feeble piece of legislation rather than the stringent legislation proposed by Team Anna. The legislation has already been rejected by anti-corruption campaigners led by Anna Hazare as “weak”.

Hazare has sought at least four key changes before his agitation could be withdrawn.

The bill will also have to get the approval in Rajya Sabha where the ruling alliance does not have a majority, before it becomes a law so the outcome of the anti-graft Bill will be at the clemency of the Opposition.

Lokpal Bill passed: No constitutional status for the bill

Report by Radhalakshmi R

400 arrested following protests over Mullaperiyar

Posted on December 27, 2011 by bizandlegis

The founder-president of Naam Tamizhar Katchi (NTK), Seeman, was arrested along with 300 of his party men at Walayar on the Tamil Nadu-Kerala border for striking on the road voicing the demand that the Centre should without delay find a method to settle the row over the Mullaperiyar dam.

Seeman, who is also a well known actor-director of the Tamil film industry, disrupted the traffic by picketing on the Palakkad-Coimbatore highway along with his party men. The group raised slogans against the Kerala government and demanded the implementation of the Supreme Court decision.

The Supreme Court had ruled in favor of Tamil Nadu by allowing the storage capacity of the Mullaperiyar dam to 142 ft which the neighbouring state had not implemented.

The police said that the picketing on the road which caused traffics to stop for nearly three hours had to be eventually met with security arrangement.

In addition to the NTK partymen, police said, about 130 workers of Socialist Democratic Party of India were also arrested at the city railway station when they attempted to stage a “rail roko” to protest the Kerala’s government’s stand over the Mullaperiyar dam issue.

The protestors attempted to enter the station and block Kerala-bound trains, but were prevented from doing so, police said.

From the way the scenes have been unfolding, it appears that if a solution to the dispute over the dam issue is not reached at the earliest, there could be aggravation of the violence that has already been sought to by the people of both the states.

400 arrested following protests over Mullaperiyar

Report by Radhlakshmi R

Iraq VP refuses to return to Baghdad to stand trial

Posted on December 27, 2011 by bizandlegis

Vice president of Iraq Tareq al-Hashemi said that he will not return to Baghdad to stand trial on charges of inciting violence in the country. Al-Hashemi denies the charges and has moved to the Kurdish region of northern Iraq to avoid appearing at trial, which he claims will be biased against him.

Hashemi, holed up at an official guesthouse of Iraqi President Jalal Talabani in the country’s autonomous Kurdish region, acknowledged his guards may have carried out attacks, but he has steadfastly denied any involvement.

Al-Hashemi’s statement comes in response to a warrant issued last week for his arrest by Shiite Prime Minister Nuri al-Maliki Al-Maliki alleging that Al-Hashemi and his security forces carried out secret assassinations of political enemies. The warrant against Hashemi has been the focus of a political row between Shiite Prime Minister Nuri al-Maliki and the Sunni-backed Iraqiya bloc, which is a part of his national unity government and of which Hashemi is a member.

Protesters took to the streets in support of Hashemi, many alleging that the charges against him are politically motivated. The sectarian violence was ignited just days after the last US troops left Iraq, and threatens to disrupt the peaceful transfer of power.

US Vice President Joe Biden spoke with Maliki, expressing his condolences for last week’s violence and discussing the political climate. The US ended its 9-year Iraq War earlier this month when the government officially declared the war at an end and withdrew its remaining troops from the country. The US also handed over the last detainee in Iraq, Ali Mussa Daqduq, to Iraqi authorities as part of the end of the war. US President Barack Obama had considered trying Daqduq on US soil, but were unable to come to an agreement with Iraqi officials and so transferred Daqduq to Iraq officials. Sectarian conflict arose almost immediately following the withdrawal of US troops, culminating in the last week’s violence.

Iraq VP refuses to return to Baghdad to stand trial

Report by Radhalakshmi R

Pakistan Govt issues showcause notice on memo scandal

Posted on December 26, 2011 by bizandlegis

The Pakistan government issued a show cause notice to the Defence Secretary Lt Gen (retired) Khalid Naeem Lodhi for allegedly filing an affidavit on the memo scandal before the Supreme Court without the approval of the Defence Minister. The Pakistan government has been at loggerheads with the army for quite some time now.

He notice was issued to Lodhi last week and as he is considered to be a close ally of the army chief Gen Ashfaq Parvez Kayani owing to which it is unlikely that he will be removed as the government does not want any confrontation with the powerful military force of Pakistan.

The insiders in the ruling Pakistan People’s Party said that the Prime Minister Yousuf Raza Gilllani criticized Lodhi vehemently due to Lodhi’s refusal to obey an order of the government.

The government was aggravated at the affidavit submitted by Lodhi to the court stating that the Defense Ministry had no operational control over the army and the Inter-Services Intelligence agency on December 21^st. The contentious affidavit had not been approved by the Defense Minister Chaudhry Ahmed Mukhtar.

Subsequent to Lodhi tendering the controversial affidavit, Prime Minister Gilani had directed him to submit a fresh affidavit which was in line with the stand of the government which he refused to comply with. This was the main reason for the fury of the PPP leadership.

The affidavit of Lodhi is said to have strengthened the impression that there is grave separations between the civilian and military on the memo scandal and whipped up stories about an imminent clash between the two institutions.

Gilani, in the Parliament, said that the army should not function as a “state within a state” and also questioned the failure of the forces to sense the presence of Osama bin Laden in Pakistan for over a time period of six years.

The chiefs of the army and ISI and the Defence Secretary is said to have turned a deaf ear to the request of the government to submit their affidavits to the court through the Prime Minister’s Office and the Law Ministry.

Pakistan Govt issues showcause notice on memo scandal

Report by Radhalakshmi R

Lokpal Bill: Govt asks Hazare to wait for outcome of Parliament debate

Posted on December 26, 2011 by bizandlegis

A day prior to Hazare commencing his fast against the unsatisfactory Lokpal Bill, the Government has asked him to wait for the results of the debated in the Parliament on the contentious anti-graft bill before he launches his protest.

Finance Minister Pranab Mukherjee has said that the Parliament should be left to decide what the shape of the bill would be as it is now under consideration in the Parliament.

Minister of State for Parliamentary Affairs Rajiv Shukla said “The Government has already piloted the Bill in Lok Sabha. It is a very strong and effective Bill. So, I think we will go by the decision of Parliament. Everybody will be deliberating upon that”. Shukla also said that the Parliament is the body that should decide the final fate of the bill.

Hazare has announced a 3-day fast which is expected to be launched on 27the December in Mumbai to voice his protest over the “weak” Lokpal Bill introduced by Government in Lok Sabha. The very same day deliberations on the bill are anticipated in the Lok Sabha.

The Government is introducing both Lokpal Bill 2011 as well as amendment for giving constitutional status to Lokpal simultaneously due to which it requires both simple majority to pass the bill as well as 2/3rd majority for constitutional status.

The government will also push for the Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010 (also known as whistle-blowers Protection Bill).

UPA has the numbers in the Lok Sabha so it is under pressure to get it passed in Rajya Sabha where the UPA is in minority. The Opposition will have to face the blame if the bill fails to be passed as it may move smoothly in the Lok Sabha.

Team Anna had on Sunday shot off an open letter to Prime Minister Manmohan Singh and MPs wanting enactment of “real and best possible” anti-corruption law which should also provide for an independent investigative department for the Lokpal.

Lokpal Bill: Govt asks Hazare to wait for outcome of Parliament debate

Report by Radhalakshmi R

Armenian genocide bill passed by French Parliament

Posted on December 23, 2011 by bizandlegis

The French National Assembly approved a draft law Thursday that would outlaw genocide denial, including the World War I-era killings of more than one million Armenians by Turkish soldiers. The measure would ban genocide denial generally, but it has sparked a diplomatic row with Turkey, which does not classify the killings as genocide. Turkish Prime Minister Tayyip Erdogan has strongly criticized the legislation, canceling all economic, political and military meetings with France and recalling its ambassador. France passed a law in 2001 recognizing the killings as genocide. The National Assembly approved legislation criminalizing denial of the Armenian genocide in 2006, but that measure was rejected by the Senate. The Senate must still approve the new legislation, which it will begin debating next year.

The Armenian genocide is also a contentious issue in US law and politics. Last month the US Court of Appeals for the Ninth Circuit decided to revisit a to determine whether a California law declaring Armenian genocide in Turkey conflicts with US foreign policy. In August 2010 a panel of the US Court of Appeals for the First Circuit unanimously dismissed a lawsuit challenging the exclusion of materials questioning the Armenian genocide from a school curriculum. In March 2010 the Obama administration announced its opposition to a resolution labeling the World War I-era killings as genocide. The announcement came after the US House of Representatives Committee on Foreign Affairs passed the resolution by a vote of 23-22. Erdogan condemned the resolution, and the Turkish government recalled its ambassador to the US.

Turkey has also recalled its ambassador from Paris and has restricted France’s use of Turkish airspace and docks, after the French lower house passed the bill making it a crime to deny that the mass killings of Armenians in 1915 in Turkey was genocide.

The French-Turkish relations seemed to be on ice with the current bill issue brewing to greater heights.

Armenian genocide bill passed by French Parliament

Report by Radhalakshmi R

DoT declares 3G roaming agreements to be illegal

Posted on December 23, 2011 by bizandlegis

The internal wing of the Department of Telecom (DoT) has ruled that the internal telecom agreements between Bharti Airtel Ltd, Vodafone India Ltd and Idea Cellular Ltd as illegal and has asked the department to initiate action against the three mobile phone companies, including the issue of show cause notice and imposition of pecuniary penalties. that the bilateral third-generation (3G) spectrum roaming agreements between the three GSM biggies offers high-speed Internet services to their users in license areas where they had not acquired spectrum in a 2010 auction.

There have been controversies revolving around the issue ever since the operators publicized in July that they had entered into roaming agreements with each other, allow them to make available to users 3G services, even in circles where they did not succeed in obtaining spectrum.

Bharat Sanchar Nigam Ltd (BSNL), the government owned telecom service, and various other telecom company managements had put in requests to the department to inspect whether the roaming agreements were legal. DoT had been given recommendations by the Telecom Regulatory Authority of India (TRAI) as well as several significant divisions of DoT, including wireless planning and finance, wireless planning and coordination, and the licensing finance divisions to declare the agreements as illegal.

The law ministry had also given their approval to declare the roaming agreements as illegal.

The contention put forth by the operators was that the agreements were purely of commercial nature and was based on a June 2008 amendment to the telecom rules that permitted an operator to provide services on another operator’s network till such time as they could set up their own. The amendment was made to help new operators, who had been given licenses in January 2008, start services as soon as possible.

The decision of the DoT also comes to effect due to the fact that the roaming agreement among telecom companies for 3G services would cause considerable loss of revenue to the government.

DoT declares 3G roaming agreements to be illegal

Report by Radhalakshmi R

US calls on UN Security Council to impose greater sanctions on Iran

Posted on December 23, 2011 by bizandlegis

The US Ambassador to the UN has pushed forth recommendations to the UN Security Council to intensify efforts to apply sanctions against Iran that it would not only slow down the nuclear program of Iran but would also give them sufficient time to resolve the nuclear crisis through diplomatic measures.

She said that the imposition of stringent sanctions would “show Iran there is a price to pay for its deception.”

At present Iran is already facing four rounds of sanctions due to the apprehension it has developed in the minds of other members of the UN seeking to develop nuclear weapons and refusing to put an end to uranium enrichment. However the Tehran government has declared that its use of the nuclear program is peaceful and that it is developing the program with the aim of producing energy for civilian use.

Rice has used the report given by the International Atomic Energy Agency last month which has made explicit that some alleged surreptitious work by Iran could not be used for any other purpose other than the manufacture of nuclear armaments.

Rice called on the Security Council committee monitoring sanctions against Iran and its panel of experts to act “robustly” in implementing sanctions and investigating violations.

China and Russia both called for stepped up diplomatic efforts and a new round of talks between Iran and six nations trying to rein in its nuclear program. The last round of talks between Iran and the US, Russia, China, Britain, France and Germany ended in failure in January.

The sanctions, which have chipped away at Iran’s economy, ban Iranian arms exports, prohibit the import of several categories of heavy weapons, bar Iranian investment in uranium mining, ban the import of nuclear and missile-related materials, and freeze the assets of key individuals, organizations and companies involved in nuclear and missile activities.

Rice announced that the “ultimate goal” of the United States is to ensure that Iran adheres to its international nuclear obligations and resolves outstanding questions from the IAEA.

US calls on UN Security Council to impose greater sanctions on Iran

Report by Radhalakshmi R

Gita ban: HC ask Centre to consider representation in Russia

Posted on December 23, 2011 by bizandlegis

A Division Bench of Chief Justice Mohit Shah and Justice Roshan Dalvi of the Bombay High Court has asked the central government to consider representing the Indian position before the Russian court which is to settle on outlawing of the Bhagwad Gita.

The court directed the government while it was hearing a public interest litigation filed by Wadala resident Vijay Dave and Santa Cruzbased Rasendu Nanavati, stating that the Indian government, through its embassy in Russia, has not taken any action to enlighten the Siberian court about the accurate interpretation of the holy text.

The petitioners have cited newspaper reports that a prohibition has been sought on Gita dubbing it as a literature spreading social discord.

The court has also asked the Centre to report to the court about what action it has undertaken to check the issue on the next date of hearing on January 9, 2012.

M I Sethna, counsel for the petitioners has criticized the movement of the government requesting Iskcon to defend the sacred text “as a grave insult to our culture” since they are of the opinion that the government should defend the Gita in the Russian court.

The PIL states that, Gita is a sacred text, and attempts to ban it would have far-reaching implications not only in India but also internationally. It contends that the subject concerned not just the Indians in Russia, but had world-wide significance. Any failure on Indian government’s part to intervene, supported by in-depth research, scholastic views and analysis, would cause irretrievable damage to our rich culture and heritage, the petition contends.

Gita ban: HC ask Centre to consider representation in Russia

Report by Radhalakshmi R