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• NATIONAL NEWS Company Law Board declines interim relief against Harsh Vardhan Lodha In Birla case The principal bench of Company Law Board has reportedly declined to grant any relief in cases against Birla Corporation and Harsh Vardhan Lodha, restraining the latter from shifting offices of Birla Corporation, and running day-to-day affairs of the company. Export of milk powder banned to augment domestic supplies Government on Friday, February 18, 2011 banned the export of skimmed milk powder and its products to improve domestic supplies. Export of casein has also been banned. New all India Consumer Price Index promises improvement over current indices Government has released data on a new consumer price index for the entire country, with 2010 price levels as the base, though a series will be available from next January only. Till now, government and RBI have been relying on Wholesale Price Index, which does not cover services, now an essential part of Indian economy. The current CPI series for rural labourers, industrial labour etc. is also not truly indicative of the data for the entire country, a shortcoming which the new index is expected to address. Bombay HC upholds Kasab's death sentence for waging war against India Bombay HC has today dismissed Md Ajmal Kasab's appeal, and upheld the death sentence awarded to him for 26/11 attacks in Mumbai. Convict Kasab reportedly joined the court via video conferencing. India to approach WTO if visa row with US is not resolved India plans to approach World Trade Organisation if the visa issue is not resolved with the US through bilateral dialogue.. US has recently effected steep increase in the visa fee for H-1B and L-1 visas, adversely impacting Indian IT companies. It has also imposed 2% import duty on imports form certain countries, to pay for free medical treatment of 9/11 victims, a step which India finds discriminatory. RBI begins talks on Malegam Committee Report RBI has started discussion with all the stakeholders regarding the implementation of Malegam Committee report on the MFIs. Some part of the report, like interest rate, is likely to become applicable from April 1, 2011. SC seeks status report of inquiry into complaint against former CJI SC has asked the government to update it within two weeks on the status of an inquiry into a complaint against former CJI KG Balakrishnan. A Delhi native had reportedly written a letter to the President and Vice President in May 2010, opposing the move to appoint former CJI as head of NHRC. SC's enquiry came in the course of a hearing on a PIL. Unfavourable CAG report leads to jail term for retired Lieutenant General in rations scam Based on a CAG report, a general level officer has been awarded jail sentence for alleged irregularities committed during his tenure. LT Gen (retd) SK Sahni has been sentenced to three years' RI and cashiered from service for procuring sub-standard meat and other rations for troops stationed in Siachen in 2005. Mismatch in election affidavits and IT returns lands high networth politicians under IT scanner Income tax department is believed to have launched a drive to match the IT returns of high networth politicians with their statement of assets declared to Election Commission. CBDT has proposed action against 103 politicians whose affidavits did not match the returns, and against another 195 who did not even bother to file IT returns. CBI moves SC in the Babri demolition case CBI on February 18, 2011 moved the Supreme Court against the acquittal of BJP leader LK Advani and others in the Babri Masjid demolition case. In May 2010, Lucknow Bench of Allahabad High Court had upheld a Lucknow CBI court order dropping criminal proceedings against Advani, Kalyan Singh, Uma Bharati and others. RBI hikes CAR for deposit taking NBFCs to 15% RBI has raised capital adequacy ratio for deposit accepting non banking finance companies (NBFCs) from 12% to 15%. The new norms will be effective from Mar 31, 2012. FMC wants to ensure adherence to shareholder trading rules on NCDEX Forward Markets Commission is examining trades on NCDEX (National Commodities and Derivatives Exchange) for possible violation of the norm prohibiting shareholders trading on the exchange. Jaypee Capital Services, whose owner was allotted shares at discounted price as anchor investor, is under the lens. SC scraps requirement for PSUs to obtain approval before initiating litigation against government SC has recalled its directions that required public sector undertakings (PSUs) to obtain approval of Committee on Disputes, for initiating litigation against other PSUs, ministries or the Union of India, stating that such mechanism has outlived its utility. New E-service Bill stipulates three years imprisonment, hefty fine for cyber crime The draft Electronic Delivery of Services Bill, 2011, to be introduced in budget session, provides for stringent punishment including 3 years of imprisonment, for hacking into a government computer network, impersonation on internet (even using biometric means) and introducing a virus into government computers with malicious intent. Modern technology to reform PDS network Union food and civil supplies minister has suggested use of Aadhar number, among others, to reform public distribution system in the states. He asked states to switch to Aadhar and smart cards for beneficiaries, and use GPS system for tracking grain distribution by computerizing the PDS networks. Karnataka bans Endosulfan with immediate effect Karnataka on Thursday banned the use of Endosulfan pesticide with immediate effect. The move follows sustained campaigns by environment activists linking deformity and other health impairing effects on local population to the rampant use of the chemical pesticide. US striving to resolve Tri Valley University issue in a 'fair and just' manner US ambassador to India has said that his country is very proud of the participation of Indian students in American academic life, and the country is working to resolve the issue of Tri Valley students in a fair and just manner. Companies to follow new IFRS convergence norms from April 1, 2011 Government is expected to notify soon the format that companies will have to follow while preparing their account books, to conform to IFRS norms from April 1, 2011. The convergence with IFRS would provide reliable and comparable financial information to investors globally. The proposed accounting standards have been prepared after a detailed consultative exercise by the Accounting Standard Board of the ICAI. Alarmed by the irrational use of antibiotics, government plans stringent norms for healthcare providers Government is preparing a new antibiotic policy to curb irrational use of third and fourth generation antibiotics. The new policy entails creation of Sch HX under Drugs and Cosmetics Act to be sold only on prescription, prescription audit by DCGI (who will be furnished a copy of each prescription received by the chemists) and restricting the use of certain drugs by allowing their storage only in hospitals, who will receive such drugs directly from manufacturers. No HC can entertain petition on plastic packaging rules, directs the Supreme Court SC on Thursday ordered that no High Court would hear any petition against the ‘plastic packaging’ notification of the Union government. The new rules banning use of plastic sachets for packing gutka and pan masala come into effect from March 1, 2011. Anyone who wants to challenge the legality of the rules has to approach SC. Bombay HC asks CBI to scrutinise bank accounts of Adarsh coop society members Bombay High Court has ordered CBI to conduct close scrutiny of all bank accounts and financial transactions of the members of Adarsh Coop Housing Society. The court was hearing a bunch of public interest litigations, asking that CBI should not limit its Adarsh probe to land only. The next hearing in the case is in first week of March. Government terminates Antrix- Devas spectrum deal Cabinet Committee on Security has terminated the controversial satellite transponder lease between Antrix Corp. (commercial arm of ISRO) and Devas Multimedia signed in 2005. The Law minister had earlier said that the deal was being cancelled in view of the rise in demand for spectrum for national needs like defence and railways. Haque Committee suggests steps to reduce exploitation of tribals collecting minor forest produce A panel headed by Dr T Haque has recommended that a central agency be set up to fix the minimum support price for non-timber forest produce collected by tribals, with a view to ensure parity with NREGA wages. At present, such forest produce is purchased by contractors at very low prices, resulting in exploitation of tribals. High scoring students find their names missing from IIM shortlist, plan to approach Delhi HC Students aggrieved by the IIMs abruptly changing their admission criteria after the announcement of CAT results are planning to file a writ petition with the Delhi HC. The group includes even those who scored above 99 percentile, but did not find their names in the interview shortlist, as most IIMs subsequently imposed an additional criteria of minimum marks in graduation to qualify for the interview. Four drugs banned on safety concerns Government on February 17, 2011 banned four drugs over safety concerns- fever medicine nimesulide (for children under 12), gastrointestinal drug cisapride, nasal congestion drug phenylpropanolamine, and drugs made with human placenta. The drugs had been under review for a year by various authorities, for potentially dangerous side effects. Mahindra Satyam settles US lawsuit for $125 mn, to sue previous Satyam owners for damages Mahindra Satyam has settled a class action suit in the US for $125 million, arising from the scam perpetrated by owners of erstwhile Satyam Computers. Satyam was later taken over by Tech Mahindra. The company now plans to sue former owners of Satyam, and its auditors PwC to recover the damages. No gutka in plastic sachets, reiterates SC SC has declined to extend the March 1 deadline banning the marketing of tobacco products in plastic sachets. The court also issued notices to the government and NGOs seeking such a ban, on a petition by the chewing tobacco manufactures challenging the rules. Next hearing in the case is on April 13, 2011. GoM meet to review environment issues dogging industrial projects A Group of Ministers met on February 17, to resolve the issue of efficacy of forest clearance norms, environment clearance for projects in high pollution areas, mining in no-go areas, and regeneration of forests in a time bound manner in areas where mining operations are over. During the meeting, the ministers of steel, coal, power and roads and highways are reported to have aired their grievances against the stance of environment ministry, and stressed the need to strike a balance between growth imperatives and ecological concerns. A more detailed performance appraisal system in the offing for ministries Cabinet Secretariat is reportedly working on designing a new performance appraisal system for ministries and government departments. As per the new system, each department will prepare a Result Framework Document at the beginning of the year, with accountability fixed for each level. The document will be reviewed at the end of the year, to gauge the performance at various levels, and of the ministry as a whole.. Italian PM to stand trial Italian Judge Cristina Di Censo has approved the request by Milan prosecutors, for Prime Minister Silvio Berlusconi to stand trial for buying sex from a minor. The trial will be heard by a bench of three women judges, and starts April 6, 2011. Anti-dumping investigation on Pentaerythritol exports from EU to India India has initiated anti dumping investigation on the supply of Pentaerythritol from European Union countries. The chemical is used in pharmaceutical and chemical industries, as also printing ink and explosives. The probe has been initiated by the authority at the request of Kanoria Chemicals. SEBI plans upgrade to XBRL reporting system SEBI has proposed a new unified reporting system based on XBRL (eXtensible Business Reporting Language) for all financial intermediaries, listed entities and mutual funds. The technology is expected to help SEBI in its regulatory function. To begin with, this system is proposed for mutual funds. New Eco sensitive Zone guidelines to protect fragile ecosystems around protected areas Environment ministry has framed new guidelines for development of eco-sensitive zones around national parks. The aim is to regulate activities that can be undertaken in the region immediately surrounding the national parks and Wildlife sanctuaries, to minimize the negative impact, if any, of such activities on the eco system and biodiversity around the protected areas. Environment ministry grants mining clearance to Orissa UMPP Environment ministry has reportedly given its nod to coal mining for Bedabahal UMPP (ultra mega power project) in Orissa, provided the power ministry agrees to protect a part of the forest where the mine is situated, and foregoes two more power projects to be set up in close proximity to the nearby mining areas. Regulation of medical education and research to be split between Health and HRD ministries As per a new understanding, National Commission for Human Resources in Health(NCHRH), under the health ministry will set standards for medical education, while National Commission for Higher Education and Research (NCHER) under HRD ministry will formulate policy for medical research. The two ministries were reportedly involved in a turf war over the regulation of medical education. CBI revises estimate of 2G loss, widens the scope of investigation CBI has revised its estimates of the loss from the sale of 2G spectrum to Rs50,000 crores. As per directions of the SC, it has also started questioning officials of more companies like DB Realty, Loop telecom, Unitech and S-Tel, to seek clarifications on the sequence of events leading to Unified Access Licence allocation. SC upholds death sentence awarded to Surinder Koli in the Nithari serial killings Case The apex court has upheld the death sentence awarded to Surinder Koli, in the Nithari serial rape and killing case. Koli was apprehended from a house in the upmarket Sector 31 of Noida, Uttar Pradesh (adjoining Delhi), after a number of young children went missing from nearby Nithari village. The children were later found to have been murdered, and the killings came to light when the police recovered clothes, slippers and dismembered body parts from the storm drain adjoining the house where Koli worked as a servant. SC directs centre and states to devise vocational training schemes for sex workers, sets May deadline SC on February 14, 2011 issued notices to the Union and state governments, directing them to devise schemes for giving vocational training to sex workers. The court observed that sex workers were driven to the trade due to poverty or coercion, and they also have a right to live with dignity under Article 21 of the Constitution. States have to respond by May 4, 2011, as to what steps they have taken to provide training, and what arrangements they have made to find a market for the products manufactured by such women. Totally deaf can procure driving licence provided they clear all the tests, rules Delhi HC A division bench of the Delhi High Court on Monday permitted totally deaf persons to apply for a driving licence, provided they clear all the mandatory requirements and tests under the Motor Vehicles Act. A PIL in the court had sought quashing the ‘no hearing impairment’ requirement under the Act, which the court declined. PNGRB going ahead with next round of CGD bidding, authorisation will depend on decision of the SC Petroleum and Natural Gas Regulatory Board is going ahead with third and fourth round of city gas distribution (CGD) bidding, so that it is ready to grant authorization once the matter is resolved in the Supreme Court. The power of PNGRB to grant authorisation was challenged by Indraprastha Gas Limited in the Delhi HC, which ruled in the latter's favour. PNGRB has filed an appeal in the SC against HC’s ruling. Uninor directed by TDSAT to pay the penalty for Mumbai circle TDSAT on February 14, 2011 asked telecom service provider Uninor to pay Rs3.8 crore to the government as penalty, for delay in its rollout obligations for the Mumbai circle, against the conditions stipulated in its licence. Success of ombudsman scheme in banking and insurance may prompt creation of civil aviation ombudsman After banking and insurance, civil aviation sector may become the latest sector to have an ombudsman to resolve investor grievances. Civil aviation ministry might create a Civil Aviation Authority, to arbitrate in case of disputes on fares or services between airlines and the passengers. Tata Tele challenges TDSAT order in SC Tata Teleservices has filed a petition in the Supreme Court, challenging the order of TDSAT, which refused to stay the hike demanded by DoT in spectrum usage charges. Admitting the petition, the SC bench has asked the company to deposit 50% of the increase and submit a bank guarantee for the rest within a week. Centralised system soon at SEBI to track investor complaints SEBI is in the process of putting together a centralized database to monitor and resolve investor complaints. The new system would allow lodging complaints from anywhere in the country, and investors would be able to access online the status of their complaints, including action taken. ADB's funding limit unchanged, to focus on infrastructure projects in India Asian Development Bank has kept its funding limit for 2011 for India unchanged at $2 billion, but is looking at corruption issues before preparing its project financing plans. ADB mostly focuses on funding infrastructure projects like roads, energy and power sector, with special emphasis on India's eastern and NE states. FDI from Mauritius under the lens? Income tax department is planning to scrutinize all FDI proposals from Mauritius that go to the Foreign Investment Promotion Board for clearance, and conduct special audit where a company has received funds from Mauritius under automatic FDI route. Mauritius has liberal tax rules with favourable banking laws, which make it a favoured destination for foreign money. The Indian government wants to ascertain what is the source of FDI funds that flow into India from Mauritius. Government may constitute JPC to probe 2G scam, to end Parliament stalemate Government is expected to form a Joint Parliamentary Committee to investigate the violations of norms in allotting 2G Spectrum. Government’s refusal earlier led to the proceedings getting stalled during the winter session of Parliament, which the government is keen to avoid in the budget session starting Feb 21, 2011 Karnataka HC upholds disqualification of independent MLA's The full bench of Karnataka HC has upheld the Speakers’ disqualification of five independent MLA’s in the Legislative Assembly, who despite being ministers submitted a memorandum to the governor expressing lack of confidence in the chief minister. The MLAs plan to appeal in the SC, on the ground that since they did not belong to the ruling party anyway, the anti- defection law cannot be made applicable to them. Tax authorities to closely scrutinise mode of payment to Pakistani singer Pakistani singer Rahat Fateh Ali Khan’s passport has been impounded, and he is going to be questioned again by the DRI, over the foreign currency recovered from his possession on Sunday, February 13, 2011 night. Tax authorities are examining whether he subverted tax laws, by asking for cash payment for his shows. SC: Person employed in violation of mandatory provisions not entitled to any relief including salary The Supreme Court has held that it is a settled legal proposition that no person can be appointed even on a temporary or ad hoc basis without inviting applications from all eligible candidates. For a valid and legal appointment, compliance of Articles 14 and 16 is necessary. India signs third TIEA with British Virgin Islands India has entered into third Tax Information Exchange Agreement (TIEA) with the British Virgin Islands. TIEA was signed on 9th Feb, and provides for sharing information, including exchange of banking and ownership information, and also of past information in criminal tax matters. CBDT takes steps to reduce tax related litigation In order to reduce litigation, the Central Board of Direct Taxes (CBDT) has enhanced the limits for filing appeals against taxpayers in the ITAT, HCs and Supreme Court, from tax effect of Rs.2 Lac, Rs.4 Lac and Rs.10 Lac, respectively, to Rs.3 Lac, Rs.10 Lac and Rs.25 Lac respectively. Indian Express names Chief Justice SH Kapadia the most powerful Indian in 2011 The Indian Express list of 100 most powerful Indians in 2011 features CJI SH Kapadia at no.1 spot. At a time when so much of politics is being determined by judicial pronouncements, the number one judge and the court he runs have become the country’s most influential arbiter, says the newspaper. SC sets deadline for Karnataka government to notify mining law SC has asked the Karnataka government to notify the proposed law to check illegal mining in the state by March 31, 2011. The state government had imposed a ban on iron ore export, which had been upheld by the Karnataka HC. Now the SC has asked the state government to allow iron ore stocks languishing in ports to be exported. If the government fails to notify the said law by March, mining firms would be entitled to interim relief, held the court. ADAG approaches SEBI, intelligence agencies to probe bear cartel Anil Dhirubhai Ambani Group MD said at a news conference on February 10 that they have written to SEBI, stock exchanges and intelligence agencies, to probe the bear cartel behind the malicious rumours which created doubts and negative sentiment in the mind of investors of about six group companies, resulting in their shares nosediving on the stock exchanges on February 9, 2011. Connecticut Bill to impact Indian LPO's ? A US newspaper has reported that the state of Connecticut has introduced a Bill to curb outsourcing of legal work like documentation drafting, analysis or research to persons who have not been admitted as attorneys in the state. Such legislation could have adverse impact on LPO’s in India, fear legal experts. Doing business with 'tax havens' to cost dear In order to ensure international cooperation, a government panel is believed to have suggested imposing higher tax burden and increased documentation on entities which transact business with ‘non-cooperative jurisdictions’ i.e, countries which do not cooperate with India in tax matters. Service book details of public servants not exempt from RTI disclosure Central Information Commission has ruled that service details of public servants available in service books can’t be treated as personal information and exempt from disclosure u/s 8(1)(j) of RTI Act. A PIO of Railways had earlier rejected an RTI query seeking service book details of a chief law assistant. Portability of health insurance policies in the offing IRDA has announced that portability of health insurance policies would come into effect from July 1, 2011. The new policy will allow policy holders to switch to another insurance company without losing cover for Pre Existing Diseases (PED). SC asks government to set up special courts to try 2G cases Supreme Court has asked the government to set up a special court to exclusively try 2G scam cases. SC also said that all those who benefited from irregularities in the distribution of licences should be brought to book. Government has to respond within two weeks, while CBI has been given four weeks. HC imposes fine on Dalit activist for moving PIL against religious rituals Gujarat HC has reportedly imposed a fine of Rs20,000, on a man who moved a public interest litigation for declaring Hindu rituals performed at a foundation laying ceremony in the court premises on May 1, 2010 as unconstitutional and non-secular. The court said that offering prayers for betterment of everyone can’t be called non-secular. Indian Newspaper Society assails 'penalty' features in new press bill as anti-democratic Union Cabinet has reportedly approved Press and Registration of Books and Publications Act, 2010. Meanwhile, Indian Newspaper Society has expressed concern that they were not even consulted, and that provision of ‘punishments’ in the proposed Act for technical violations is against democracy and freedom of speech. No statute can violate the Constitution, reiterates SC Supreme Court again reaffirmed the stand it had taken in Arup Bhuyan's case, that mere membership of a banned organization, without indulging in violence, would not be a crime. Taking note of section10 of Unlawful Activities (Prevention) Act, the bench said a statutory provision can't override a citizen’s fundamental rights guaranteed by the Constitution. SC sends ex- Kerala minister to jail for corruption Reversing a Kerala High Court judgment, SC sentenced an ex-minister of the state under Prevention of Corruption Act, for lapses in award of contract for Edamalayar hydropower project. The 76 year old ex-minister faces one year in jail and a fine of Rs10,000. Lokayukta issues notice to DERC members over flip flop on tariff hike Delhi Lokayukta has issued notice to a former and a currently serving member of Delhi Electricity Regulatory Commission over electricity tariff issue, on a complaint that they have changed their stance on the proposed tariff revision, which they had earlier opposed, under the influence of power distribution companies. Appointment at Kerala High Court Shri Justice Madathiparambil Lonappan Joseph Francis, Additional Judge of the Kerala High Court has been appointed to be a Judge of the Kerala High Court with effect from February 11, 2011.
• INTERNATIONAL NEWS The surveillance provisions of the controversial Patriot Act extended The US House of Representatives to extend surveillance provisions of the USA Patriot Act which was set to expire. The particular provision included the authority: for roving surveillance, to compel production of business records under section 215 of the Act and to allow the US to target non-US persons who engages in international terrorism or preparation but are not necessarily associated with an identified terrorist group. The provisions were previously extended in February 2010 after the Senate Judiciary Committee was asked to do so by the Obama administration. This Patriot Act was passed in 2001 after the 9/11 attacks, which expanded the US law enforcement's powers of surveillance while conducting terrorism investigations. China finally declares war on inflation People's Bank of China has announced increase in reserve ratios for banks by half a percent from February 24, 2011. Central bank governor Zhou Xiaochuan also said that they will use all means, including rates and currency, to battle inflation. Our forests not for sale, say British nationals Public opinion might lead to the British government abandoning a plan to privatize more than half a million hectares of forest area in the country. The government had hit upon the forest sale plan to raise cash, but environmental activists were appalled, as they feared the forests would be razed, to make way for golf courses or holiday resorts. EU faces legal threat for refusal to disclose FTA correspondence Brussels based organization Corporate Europe Observatory is planning to sue European Union, for its reluctance to fully disclose documents and letters exchanged with certain business groups and industry bodies like Confederation of Indian Industry, as part of its negotiations for a Free Trade Agreement with India. Alleged violations of medical, ethical standards yet to be decided It has been alleged by a doctor that Pfizer Inc. has violated medical and ethical standards, by paying off foreign officials during their 1996 drug trials on children with meningitis in Nigeria. These allegations were contained in a letter that was addressed to the U.S. District Court Judge who is presiding over the matter now. The letter further alleged that the families affected did not consent to the experimentation on their children. and that Pfizer physicians chose "patients with more favorable symptoms" to enroll in the drug trial. However, the spokesperson of Pfizer denied the allegations and found that they were not supported by facts. The suit is yet to be decided upon. China family planning ruling to be clarified A Chinese immigrant who was detained in China and was forced to undergo insertion of IUD has been given a second chance to stay in the United States, based on her claim that she was subject to China's coercive family planning policies. After hearing the oral arguments in Wong v. Holder, the Second Circuit Judges Reena Raggi and Peter Hall, and, sitting by designation, Judge Gregory Carman of the U.S. Court of International Trade, affirmed the immigration board's finding that an involuntary assertion must be accompanied by aggravating circumstances, but it remanded the case for clarification. However, the panel wanted to know why the dual requirement that Wong pay a fine and submit to IUD insertion to secure release from detention, were insufficient to constitute the requisite aggravating circumstance. Tyson Foods Inc. to pay $4 million? Tyson Foods Inc. will pay the federal government $4 million to resolve the allegations of committing the crime of bribery. The government alleged that Tyson violated the Foreign Corrupt Practices Act, and that its representatives made improper payments to government-employed veterinarians who inspected two of the company's chicken processing plants in Mexico. It has also been stated by the DOJ officials that responsibility for the actions of its subsidiaries in Mexico has been taken by the company. However, Tyson's lawyer who practices in white-collar criminal defense and securities was unavailable for comment. Violation of International law An inquiry by the Turkish government into the flotilla raids by Israel stated that the Israeli soldiers violated international law. The panel's final report indicates that before the commandos boarded the Mavi Marmaraat, the largest ship in the flotilla, at least two activists were killed. The report concludes that excessive, indiscriminate and disproportionate force was used on unarmed civilians. The report reasons that, because Israel's naval blockade is illegal, any action related to it is likewise illegal, including the raid on the flotilla. These findings directly contradict those of Israel's Turkel Commission which was assigned to investigate into the raids and had concluded that there was no violation of international law by Israel. Lift of Emergency only on Mubarak stepping down It has been pledged by the Egyptian Supreme Council of the Armed Forces that when circumstances improve, country's emergency laws will be lifted. This announcement came shortly before the resignation of President Hosni Mubarak, who has placed the Council in charge of affairs of state. The announcement of Mubarak's resignation was due to the demonstrators who have been protesting against his government for nearly three weeks. It has also been mentioned that Mubarak had approved the formation of a committee to oversee changes to Egypt's constitution, for which the Government is reaching out to opposition party for cooperation. However, the political groups have made it clear that such cooperation will be provided only on meeting other demands and one such demand was the removal of Mubarak. Prisoner voting right rejected in the UK The UK House of Commons rejected the a controversial European Court of Human Rights ruling on prisoners' voting rights, thereby preventing prisoners from voting in British elections. Earlier the Policy Exchange asked UK to withdraw from the ECHR jurisdiction. The report which details out as to why UK should break ties also explains how the ECHR has gradually grown in power. It calls for the UK to negotiate reforms with the Court and if unsuccessful, states the UK should establish a Supreme Court in London as the final appellate court for human rights law, and withdraw from the ECHR jurisdiction. However, some legal experts say that severing ties would harm UK's commitment to protecting human rights. National security takes precedence over criminal convictions The Canadian Supreme Court affirmed the constitutionality of a provision that vests in the Federal Court the authority to determine the national security implications of evidence that prosecutors seek to withhold. The court noted that a balance must be struck between ensuring security and a fair judicial system while reaching this conclusion. The case stems from the prosecutions of the "Toronto 18" who had plans of bombing various sites of Ontario due to Canada's military involvement in Afghanistan. Law suit by Japanese challenging surname requirement The constitutionality of a civil law that forces married couples to choose a single surname has been challenged by five Japanese in a lawsuit. It has been claimed that Article 750 of the Japan Civil Code, which requires the husband and wife to have a single surname violates Articles 13 and 24 of the Japanese Constitution which ensures equality between husband and wife in a marriage. Further, it is asserted that one of the spouse's legal right is infringed if they are made to choose a single surname. The government of Prime Minister Naoto Kan has also been challenged, as it had promised to change the law relating to one surname but failed to do so. Special court in Iran for media crimes The judiciary of Iran has set up a special prosecutors Office to deal with offences committed in media and cultural platforms. The court and office will operate under the supervision of Tehran's Chief Prosecutor. It is asserted that this new court is necessary because of the advances in mass media. However, the opponents are worried that the new court may be used to crack down on dissidents. Detainee pleads guilty to terror charges A Sudanese Guantanamo Bay detainee pleaded guilty before a military Tribunal for providing material support for terrorism and conspiracy. These charges have stemmed from meetings with al Qaeda and due to his service as a weapons instructor at the military camp in Afghanistan. It is stated that this place was used as a training centre by hijackers and other members of al Qaeda prior to the 9/11 attacks. A jury, consisting of at least five US military officers are to issue a sentence in the hearing. A common patent system consented by EU It has been argued by the EU lawmakers that there is a need for a uniform patent system to maintain competition with global rivals like China. However Spain and Italy refused to participate because using English, French and German as the sole official languages of EU patents has been insisted upon. Earlier too, the EU member states had attempted to establish a uniform patent system, but due to disapproval from a few member countries a unanimous vote was unobtainable. Nonetheless, the EU Parliament has consented for the same as the enhanced cooperation system of Lisbon Treaty is expected to be adopted soon. Egyptian Constitution to be amended The Egyptian Supreme Council of the Armed Forces has announced the formation of a Committee to oversee amending the Egyptian Constitution. On assumption of power, the Council had proposed for such amendment as a transition plan. This may cause a creation of new political powers. In this regard the Muslim brotherhood, which is banned in Egypt, announced its plans of forming a party for the upcoming elections. However critics have stated that such changes cannot be done in calculated days as substantial changes are required. Same sex civil unions recognized The Hawaii House of Representatives has passed a Bill to give recognition to same-sex civil unions . Now, before reaching the desk of Hawaii's new democratic Governor who has previously supported this union, the Bill will be advanced to the state Senate for a vote. If this Bill succeeds, it will recognize civil unions and provide all the same rights, benefits, protections, and responsibilities under law that are granted to individuals entering into marriage. Earlier a similar Bill was vetoed by the former governor who felt that, due to its societal importance, it was better suited for a vote in a public referendum. Hawaii will now be the seventh state to provide similar benefits to same sex unions. However, the Opponents fear that the sanctity of marriage will be lost if such Bill is passed. Immigration staff in the UK fails visa-controls An independent chief inspector of the UK Border Agency, John Vine said that the visas of migrants whose jobs had ended were not being cancelled, and, moreover, there are insufficient checks on companies which sponsor overseas workers. On examination of the points-based system for skilled workers who want to come to the UK, it was found that there were 150 cases where the migrants were required to leave the UK, but even then their visas were not cancelled. Free trade agreement between Japan and India A free-trade agreement that will see tariffs on 94% of goods scrapped has been signed between Japan and India. This deal was inked in Tokyo, as Japan was keen on boosting up its trade after being ranked second as the world's second-largest economy, and India being the world's fastest-growing economies is looking for new markets for its companies' products. Terrorism defined by UN Special Tribunal for Lebanon in a trial A unanimous ruling was issued by the appeals chamber of the UN Special Tribunal for Lebanon (STL) on several procedural issues, which included the definition of terrorism, in judicial proceedings relating to the assassination of former Lebanese prime minister. This debate began in order to determine which laws should apply against persons who were involved in killing Hariri and other people. While giving out its ruling, the Court stated that by using the Lebanese Criminal Code, they may not apply any international definition for the word terrorism. While defining, the Court referred to several other case laws but found them to have a narrow interpretation. Therefore the Court rejected the narrow interpretation and held that the trial judges should be given latitude in determining whether the requirement was met, after having considered the facts presented in the case. Rights of demonstrators to be respected, urges UN Commissioner There is a need for Bahrain to respect the rights of demonstrators, the UN High Commissioner for Human Rights has said. This announcement was made after the news of two peaceful protesters being killed in Bahrain. Pilay stated that "authorities everywhere must scrupulously avoid excessive use of force, which is strictly forbidden in international law. They must conduct prompt, impartial and transparent investigations where there have been breaches of this obligation." Furthermore he emphasized on the importance of freedom of expression and the right of peaceful assembly for Bahrain's stability, and that being a party to the International Covenant on Civil and Political Rights, Bahrain is obliged to respect such rights. Adoption policy in UK gets new guidelines Under the new guidelines on adoption in UK, white couples can be allowed to adopt black and other ethnic minority race's children. The local authorities are to speed up the process in placing a child into a suitable family, to avoid any inconvenience. Many of such children are not adopted because the social workers always look out for same background families, but now the situation has changed. The new guidance does not change the law but only states that as long as prospective adopters show that they are able to care for the child, then race should not be a factor. It is advised that social workers must give "due consideration to the child's religion, culture, background" but does not specify whether race should be regarded as an important factor. However the confirmation of these new guidelines is yet to be made official. UK's Barclays Bank reveals humongous corporation tax A shocking BP 113 million was shelled out as corporation tax by one of the leading banks in UK. This revelation shows that despite having benefited from the government's rescue plans during the financial crisis, the bank was not paying its fair share towards the deficit it had created. Although Barclays was not directly rescued by the UK government, it was able to borrow cheaply because of the Bank of England's decision to slash interest rates. |
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