Monday, October 1, 2012

Only GOD Can Help India , Says Supreme Court


God help you and this country: Supreme Court to government ( News in Economic Times)

02.10.2012

God help you and this country: Supreme Court to government

New Delhi: The Supreme Court today took offense to the fact that retired judges, who are currently members of a tribunal, have not been given government accommodation in Delhi.

The judges told the government's lawyer, "You slip into deep slumber and you want court to wake you up? Why do you compel us to do something which we refrain from doing? God help you and God help this country."

The court wants housing to be provided immediately to the chairman and members of  the Mahadayi Water Disputes Tribunal, which was created in November 2010 to handle a water dispute between Karnataka and Goa.
The government says tribunal members are not eligible for accommodation, and can hire homes for which they will be reimbursed.

The court disagreed. "As per rules, they are entitled to get accommodation. You can't deny them (homes) when vacancies are available. Do you expect the retired judges to roam on the streets of Delhi? If you don't want tribunals to function, scrap the statutes (laws) which provide for the  appointment of judges to tribunals."

The case will next be heard on October 30.

MONDAY, SEPTEMBER 24, 2012

Supreme Court Can ONLY Expose Misdeeds OF Present UPA Government


Supreme Court issues notice to CBI, CVC and Centre on Air India scam

Dhananjay Mahapatra, TNN Sep 22, 2012, 02.37AM IST
The Supreme Court on Friday sought responses from the Centre, the CBI and the Central Vigilance Commission on a petition seeking probe by either the CBI or a special investigation team (SIT) into the functioning of the civil aviation ministry during 2004-2008.
The Delhi High Court had turned down the petition. Hearing an appeal by NGO 'Centre for Public Interest Litigation', which said the Delhi HC had erred in not ordering a probe even after finding that "all is not well" with Air India, a bench of Justices H L Dattu and C K Prasad sought the response of the concerned agencies.
(click on following link to read past cases When government was taken to task by Supreme Court )
God help this country! SC tells govt
News item published in 'Times of India' Today 
2nd Oct 20102
NEW DELHI: "God help this country", the Supreme Court observed today, as it chided the Government on the issue of providing accommodation in the national capital to members of tribunals. The court also put a poser as to whether the retired judges who are on the tribunals are expected to "roam" on the streets of Delhi. 
A bench of justices R M Lodha and A R Dave (rpt A R Dave) issued notice to the secretary, ministry of urban development to furnish information on the number of vacant type 7 and 8 bungalows in the capital. 
"You slip into deep slumber and you want court to wake you up? Why do you compel us to do something which we refrain from doing? God help you and God help this country," the bench observed, expressing its displeasure at the failure of authorities to provide Government accommodation to the Chairman and members of the Mahadayi Water Disputes Tribunal constituted an year back.The tribunal was set up in November, 2010 to adjudicate the water dispute between Karnataka and Goa. 
The bench was not impressed with the argument of the Additonal Solicitor General Harin Rawal who cited an April, 2012 office memorandum issued by the Government that the tribunal members were not entitled to Government accommodation under the general pool. 
"As per rules they are entitled to get accommodation. You can't deny them when vacancies are available Do you expect the retired judges to roam on the streets of Delhi?. 
If you don't want tribunals to function scrap the statutes (laws) which provide for appointment of judges for Tribunal," the bench observed while posting the matter to October 30 for further hearing.

CAG has powers to examine efficiency of policy decisions: Supreme Court

News in ET 2nd Oct 2012

NEW DELHI: The Supreme Court has said that theComptroller and Auditor-General had a duty to comment critically on the efficacy of policy decisions. The court rejected a PIL, seeking to rein in CAG, saying there should be no confusion over the auditor's mandate.

"Do not confuse the constitutional office of CAG with that of an auditor of a company or corporation...CAG is not the traditional Munimji to prepare only balance sheets. It is constitutionally mandated to examine the efficiency, effectiveness and economy of the decisions of the government in using resources. If CAG will not do this, then who will," an apex court bench comprising Justices RM Lodha and AR Dave asked.

The court's observation came amid criticism of CAG by the ruling side, over its report on coal block allocations. Prime Minister Manmohan Singh had described some of CAG's findings as 'disputable' and some as 'selective reading' of a 2006 law ministry opinion.

He termed as 'flawed' the auditor's premise that competitive bidding could have been introduced in 2006, by amending the existing administrative instructions. Congress spokespersons have made CAG their favourite whipping boy too. Congress general secretary Digvijaya Singh went to the extent of saying CAG Vinod Rai harboured political ambitions.

However, on Monday, the apex court said, "Article 149 of the Constitution, the 1971 Act and the Rules clearly mandate CAG to examine the efficiency, effectiveness and economy of the decisions. One should not forget that CAG report is tabled in Parliament through the President. There is a full-fledged mechanism to examine a CAG report and then debate it in Parliament. A constitutional office, as we said, should not be confused with a traditional Munimji," SC said.

To the plea of petitioner Arvind Gupta that CAG was meant to audit government expenditures and not comment on rationality of policy decisions made, the bench said "do not confuse the constitutional office of CAG with that of an auditor of a company or corporation".



No comments: