• NATIONAL

HRD ministry's initiative on legal education reforms is questioned by BCI

Bar Council of India (BCI), the statutory body regulating advocacy and legal education has questioned the authority of HRD Ministry to initiate a round table to chalk out improvements in law courses offered by universities and colleges across the country. BCI chairman sees this as part of the government's hidden agenda to wind up the statutory body because of its staunch objection to allow entry of foreign law firms into the country. Sinha suggested that the `Round Table on Legal Education' was the latest example unveiling the government's urge to gain control over legal education, a primary purpose for which the BCI was created under the Advocates Act 1961. Sinha said a committee to overhaul the syllabus of legal education -- headed by former Supreme Court judge Justice A P Mishra and consisting of a sitting High Court judge, solicitor general Gopal Subramanium and former National Law School Bangalore director N L Mitra -- was already in place and there was no need for the HRD ministry's round table.

Kasab's lawyer not paid legal aid fee

Abbas Kazmi, appointed by the court to defend arrested terrorist Ajmal Kasab, has not been receiving his legal aid fee of Rs 2,500 per effective day of the 26/11 trial. "I have not received a single penny so far. All the costs have been borne by me," said Kazmi, who has cross-examined over 150 witnesses and has attended all days of the trial after his appointment. "I have moved several applications, all at my own cost." Kazmi, a private lawyer who was not in the state legal aid panel, was specially appointed by the court to defend Kasab on April 16 after Anjali Waghmare from the legal aid panel appointed earlier was removed from the case for professional misconduct. The procedure to claim fee from the state government by a lawyer appointed by the court requires the lawyer to provide proof of his attendance in court by showing the roznama. The court staff have been sending court records showing that Kazmi had been present for every hearing after he had taken up the case. While appointing Kazmi, the court had observed that legal aid fee (Rs 900 per case) was not reasonable. Judge Tahaliyani also ordered that the state government "is expected to grant a reasonable fee to the advocate." Thereafter, Kazmi's remuneration was hiked. The fee for legal aid lawyers was last revised in October 1997.

Revamping law related to Drugs and Cosmetics

Excessive pressure from global agencies pushed India to make significant changes in the Drugs and Cosmetics Act that will now subject perpetrators of spurious drugs to harsher punishments. From the times when offenders found guilty of manufacturing spurious drugs were allowed to go free with a minuscule penalty to now, when a 10-year prison and a hefty charge will be slapped, it is all a move in the right direction. The industry itself has been much worried about the menace of duplicate drugs but none came in the open to point out that fake clones of their own big brands were sold in millions. The effect would have been disastrous for their sales as brand sales would have been impacted and so companies preferred to lobby under associations on such critical issues. None of the revamped legal mechanisms can work if the manufacturers of fake drugs are not weeded out. Behind every criminal exercise like production of spurious drugs, there are many powerful people who protect the wrong doers.

Gayatri Devi's legal heirs hand over her ministerial bungalow to the Government.

A month after her death, legal representatives of Gayatri Devi, former Queen Mother of Jaipur, today handed over the possesion to the government of the ministerial bungalow in New Delhi occupied by her earlier. During the proceeding of the Delhi High Court, a counsel appearing for the Gayatri Devi's legal representatives handed over the keys of 91, Lodhi Estate bungalow to Additional Solicitor General A S Chandiok, appearing for the government. Justice Sanjeev Khanna also directed the servants of late queen mother residing in the bungalow to vacate it in a week. The servants had moved an application in this matter seeking a stay over the vacation. On August 3, queen mother's legal representatives had informed the court about their decision to vacate the bungalow. They also have requested the court to consider request to drop proceedings initiated by the government under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for not evicting the ministerial bunglow.

Legal Notice to Facebook for advertising tobacco products.

India's contribution to the attempt of Facebook landing in trouble comes in the form of a legal notice issued by Hemant Goswami, a social activist and crusader for public health causes. Apparently, Facebook revokes its policy of not advertising tobacco products. The social networking website allows the various brands and tobacco products to be promoted through member pages and groups. These are visible on all computers, and all terminals installed in India through which the site Facebook.com is accessed. His statement published in a press release says, Facebook allows promotion of smoking culture through advertisements. We have sent a copy of links of such examples which are considered an offence under the Indian law to M/s Facebook. Failure of the social networking website Facebook to remove pages and groups relating to various tobacco products, brands and articles is now likely to land the company in legal trouble, it adds. The Indian law on tobacco control, Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 mentions imprisonment for up to five years for violating the provisions relating to prohibition of promotion or advertisement of tobacco products and brands. Article 14 of FCTC, the treaty signed and ratified by 156 countries, calls for complete prohibition of cross border advertisement or promotion of tobacco products and makes it obligatory on all 156 countries which have ratified the treaty to enforce the laws.

Setting up a Fast Track Court to settle the multi-crore accounting fraud in Satyam

Satyam's founder-head Ramalinga Raju stunned corporate India on January 7 this year by admitting the multi-crore accounting fraud. The accuse face charges of cheating, criminal conspiracy, falsification of records and forgery. The scam-hit company was later taken over by Tech-Mahindra, the IT arm of the Mahindra group.

"Andhra Pradesh High Court has agreed to our appeal and has already given an in-principal approval to set up a fast track court for the settlement of the Satyam fraud issue. We're now awaiting the final Notification," said the Corporate Affairs Minister Salman Khurshid. The Minister also said investigation into the Satyam Case had almost been completed by the Central Bureau of Investigation (CBI).

• INTERNATIONAL

Life sentence for drunk driver - But not slapped with designation of 'dangerous offender'

It is the longest sentence ever handed down in Canada for a case of impaired driving - life in prison - and it's still not as tough as Crown prosecutors wanted. A judge rules on whether repeat drunk driver Roger Walsh should be declared a dangerous offender. Walsh pleaded guilty to drunk driving in the death of a wheelchair-bound woman last year. He also pleaded guilty to violating a court order from a previous conviction that barred him from drinking. More than 300 people in Canada have been declared dangerous offenders, making it easy to lock them up indefinitely.

'Gani' Prominent Nigerian activist dies

After a protracted battle with lung cancer, legal icon, Abdul-Ganiyu Oyesola Fawehinmi, popularly known as Gani, on Saturday lost the battle. The human rights activist passed on about 7.16 a.m. at the age of 71.According to a statement by the family signed by his first son, Mohammed Fawehinmi, the Senior Advocate of Nigeria died at Lister Medical Centre, Ikeja Lagos, as a result of lung cancer. Gani's According to a statement by the family signed by his first son, Mohammed Fawehinmi, the Senior Advocate of Nigeria died at Lister Medical Centre, Ikeja Lagos, as a result of lung cancer.

John Ashcroft could face legal troubles over terrorist-detention policies

A three-judge panel of the 9th U.S. Circuit Court of Appeals has criticized the administration of former President George W. Bush over the practice of detaining suspected terrorists without filing charges against the individuals. This could mean former Attorney General and Missouri Governor John Ashcroft might face personal liability for the decisions. A lawsuit against Ashcroft and other officials was filed in 2005 by Abdulla Al-Kidd, an American citizen who was born Livoni Kidd in Kansas, and who converted to Islam. He was arrested in 2003 while waiting for a flight to Saudi Arabia, and was held for 16 days as a material witness to a crime. He was never charged. Ashcroft has maintained he is immune from such legal action. The U.S. Justice Department says it is reviewing the decision.