Relief for Dinakaran as Supreme Court Stays Impeachment Proceedings

Source : Indlaw

In a major relief to Sikkim High Court Chief Justice P D Dinakaran, who is facing allegations of corruption, land grabbing and judicial misconduct, the Supreme Court today stayed the impeachment proceedings pending against him.

A bench comprising Justices H S Bedi and C K Prasad also issued notices to Vice-President and Rajya Sabha Chairman Hamid Ansari and senior advocate P P Rao, a member of the three-member inquiry committee asking them to explain why the notification appointing a three-member panel headed by sitting Supreme Court Judge Aftab Alam, should not be quashed. 

The apex court granted them two weeks time to respond to the allegation made in the petition filed by Justice Dinakaran.

The Supreme Court collegium, headed by the Chief Justice had recalled its earlier recommendation of elevation of Justice Dinakaran to the Supreme Court, following the media reports exposing corruption and land grabbing allegedly indulged in by him during his tenure as Chief Justice of Karnataka High Court. He was later shifted to Sikkim High Court. 

Senior Counsel Amarander Saran, appearing for Justice Dinakaran, contended before the court that Mr P P Rao was biased against him being a member of the lawyers' delegation that met the then Chief Justice K G Balakrishnan against his elevation to the Supreme Court. Therefore, a free and fair inquiry was not possible till the removal of Mr Rao from the panel. 

The third member of the panel is Karnataka High Court Chief Justice J S Khehar. 

A bench comprising Justices D K Jain and H L Dattu had yesterday recused from hearing the case.

Supreme Court Delivers Split Verdict on Ex-BCCI President’s Plea

Source : Indlaw

A two-judge bench of the Supreme Court today delivered a split verdict on a petition filed by former BCCI President AC Muthiah challenging the amendment made in BCCI Rules to enable N. Srinivasan to contest election for the post of BCCI secretary. 

Justice JM Panchal dismissed the petition while Justice Gyan Sudha Misra allowed the petition filed by Mr. Muthiah and declared the amendment made in BCCI Rules to favour Mr N. Srinivasan as null and void and discriminatory. 

Mr. Srinivasan has stakes in Chennai Super Kings, one of the teams participating in IPL tournaments and the BCCI Rules did not permit a person having stakes in any other tournament affiliated to BCCI to contest the election. The rule was amended just to favour Mr. Srinivasan so that he may contest for the post of BCCI secretary, the petitioner contended. 

Petitioner has also contended that the amendment was arbitrary and illegal and therefore it should be quashed. 

The case shall now be heard afresh by a larger bench which may also have a relook at the earlier Supreme Court judgment which had declared that BCCI is not a state under Article 12 of the Constitution. 

The two-judge bench directed that the matter be placed before the Chief Justice of India for constituting an appropriate bench.

Find the copy of the Judgment in A.C. Muthaih v Board of Control for Cricket in India & Anr.

CWG Scam: Suresh Kalmadi Sent to 8-days Police Custody

Source : Times of India

Former chief of the Commonwealth Games Organising Committee Suresh Kalmadi was on Tuesday sent to eight days police custody by a city court here. 

Kalmadi, who was arrested on Monday for alleged irregularities in awarding contracts for the October 2010 Games, had spent the night in CBI custody. 

66-year-old Kalmadi has been accused of awarding illegal contracts to a Swiss firm for Timing-Scoring-Result system for the Games causing a loss of Rs 95 crore to the exchequer. 

"I am granting him police custody till May 4," ordered Additional District Judge Talwant Singh. 

The judge also said that during this period, Kalmadi "would be medically examined after every 48 hours and could also meet relatives and counsellors everyday for 40 minutes." 

Kalmadi's arrival at the Patiala House court complex was very dramatic. An unemployed man flung a slipper at him as he was entering the complex escorted by a posse of policemen. The person, identified as Kapil Thakur, was immediately detained, police said.

Competition Commission of India Finalises New Notification for Mergers & Acquisitions

Source : Indlaw

The Competition Commission of India (CCI) is going to finalise a new notification on Corporate Mergers & Acquisitions (M&A) at its meeting on April 29 and gazette it on May 1, 2011. 

Its objective is to promote competitiveness in the market and safeguard the consumer interest, keeping in view the economic growth of the country said Mr Dharendra Kumar CCI Chairman, addressing an interactive meeting of representatives of CII, FICCI, Assocham and Indian Merchants’ Chamber and Law Firms organized by IMC on April 25 to consider the Commission’s discussion paper on Regulation of Combinations. 

The Union Minister of Corporate Affairs (MCA) Mr. Murli Deora, chaired the meeting and the Secretary to MCA, Mr. D K Mittal and Mr Kumar interacted with a galaxy of industrialists and top legal experts specializing in M&A. IMC President, Mr. Dilip Dandekar, welcomed the Minister and other distinguished speakers and members of the audience. 

Mr Deora later told reporters that a new policy on corporate affairs would be chalked out soon.

He said that his Ministry would also consult the Union Finance Ministry, RBI and SEBI before finalizing the notification for laying down Rules for M&A by corporates.