Saturday, October 8, 2011

Sanjiv Bhatt’s bail petition to be heard on Tuesday


Suspended IPS officer Sanjiv Bhatt’s bail plea has been deferred for hearing till Tuesday.
By Vijay Shah
Suspended IPS officer Sanjiv Bhatt failed to get immediate relief on Monday when a local court in Ahmedabad deferred the hearing on his bail plea for Tuesday. District judge VK Vyas issued notice to the state government and the state police chief in the bail application filed by the IPS officer.
Sanjiv Bhatt has been at loggerheads with the state government over his stance on the Gujarat riots which run contrary to the government claim. He has also dragged Chief Minister Narendra Modi within the shadows of questionable and outright guilty conduct.
The officer had also filed an affidavit before the Supreme Court on the issue. The state government took action on a FIR lodged by one Karan Singh Panth (46), a constable working with Meghaninagar police station in Ahmedababd. In the FIR Pant alleged that Bhatt threatened him and forced him to sign a false affidavit regarding a meeting called by the Gujarat Chief Minister Narendra Modi on 27 February 2002.
Bhatt is currently lodged at Sabarmati central jail in judicial custody. IH Syed appeared for Sanjiv Bhatt while public prosecutor Pravin Trivedi appeared for the state.
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Victim statement recorded through video conferencing from Australia 08.10.2011 | 15:43 Ahmedabad Vijay Shah

For the first time in Gujarat, the Ahmedabad District Court recorded the statement of a rape victim through video conferencing live from Australia at a Court room here.

As the victim has shifted to Australia, and under new rulings of the Supreme Court and the Gujarat High Court it is necessary to record the statement in rape and cyber crime cases, the statement was recorded through video conferencing.

“Today according to Indian time at 9 am and according to Australian time at 2 pm, Court contacted SB Misra, deputy consulate general at Indian embassy located at Sydney of Australia though audio-video conferencing. In the presence of Misra, statement of rape victim was recorded within forty-five minutes in the court of second additional sessions judge PC Thakar,” Public Prosecutor Sohini Patel told Law et al. News on Friday.

Sohini Patel further said, “The video conferencing was actually scheduled for the last week but Chetana (victim, name changed), was not present to record the statement. Court had imposed the fine of Rs. 2000 on her for disturbing the court proceedings last week. Finally she was present today.”

Advocate PR Agrawal representing the accused was also present during the video conferencing.

The accused in the case, Chirag (name changed) is being lodged in Ahemadabad jail from the last three years. Police has charge sheeted him under Section 106, 376, 387, 388, and 507 of Indian Penal Code and under Section 66 and 67 of Information Technology Act.

Three years back, Chirag and Chetana used to live together at Ahemadabad. Chetana a minor then was forced to have physical relation by Chirag. Later when the couple broke up, Chirag uploaded the video of their intimate moments on a social networking site.

Chirag was later arrested after an FIR was filed by Chetana at a local police station. Meanwhile Chetana was shifted to Australia by her family.

Tuesday, October 4, 2011

Paucity of judges result in piling up of cases at Gujarat Co-op tribunal 04.10.2011 | 18:13 Ahmedabad Vijay Shah

More than seven thousand cases are pending before the Gujarat State Co-operative tribunal, a reply to a Right to Information (RTI) application has revealed. The information was sought by the Gujarat Co-operative Tribunal Bar Association. The Association had sought details of cases registered, disposed off and pending each year from 1960 to 2008.

“In1994 there were only 424 pending cases before tribunal as there were four judges to hear the cases. In 2008 the numbers of pending cases reached to 5587 as there were only two judges. We got all the details in reply to RTI plea filed by bar association to co-operative department of the state.” stated Hitendra Shah, President of Gujarat Co-operative Tribunal Bar Association.

“Every year average 500 new cases are filed in the tribunal and there are only two judges to hear the cases, so the toll of pending cases has reached above 7000.” Shah added.

In the year 2007, Gujarat government had amended the Gujarat Cooperative SocitiesAct, 1965. Under Rule 40-A and 78, the qualifications for appointment as judges to the Co-operative Tribunal stated that state government shall appoint a person who is or has been a judge of a Gujarat high court or is or has been a district judge, to be the President of the Gujarat Co-operative Tribunal.

“In 2007 there were four judges but after the amendment, two judges have resigned as they did not possess any legal qualification as per to the amendment. Presently, district judge HP Patel and assistant district judge AG Raval are the only two presiding judges.” said shah.

The Gujarat high court had earlier ordered the state government to fill the vacancies of judges at the tribunal.

A practicing lawyer at the tribunal lamented the present situation at the the tribunal and hoped that the government will take necessary action of apointing more judges.