MONTH THAT WAS

Illegal Evidence may be admissible: SC

The Supreme Court held that obtaining evidence illegally by using tape recordings or photographs is admissible in law although such methods was not the procedure established by law 

"It is a settled legal proposition that even if a document is procured by improper or illegal means, there is no bar to its admissibility if it is relevant and its genuineness is proved. If the evidence is admissible, it does not matter how it has been obtained," a bench headed by Justice B S Chauhan said.  The bench, however, said that before accepting such evidence, the court must come to the conclusion that the evidence is genuine and free from tampering.  "However, as a matter of caution, the court in exercise of its discretion may disallow certain evidence in a criminal case if the strict rules of admissibility would operate unfairly against the accused. More so, the court must conclude that it is genuine and free from tampering or mutilation," it said. "This court repelled the contention that obtaining evidence illegally by using tape recordings or photographs offend Articles 20(3) and 21(Protection of life and liberty) of the Constitution of India as acquiring the evidence by such methods was not the procedure established by law," the bench said. 

The court passed the order while directing CBI to conduct a probe against Andhra Pradesh DGP accused of amassing disproportionate assets and pulled up the state government for refusing to investigate the case on the ground that the complaint against the state's top police official was forged. 

The apex court held although the complaint was forged the documents annexed with it shows property details of the top cop, which must be looked into.

Unfair pharma practices 

under CCI lens  

 New Delhi: Emphasizing that pricing aspects of pharmaceuticals are critical for the general public, CCI Chairman Ashok Chawla has said that some cases of probe into alleged unfair practices in this space are in the “pipeline”. 

Competition Commission of India (CCI) has already slapped penalties on some entities, including chemists and druggists associations, for including in unfair trade practices. “There are a number of cases, which have been dealt with. There are some (more) cases in the pipeline,” CCI Chairman Ashok Chawla told PTI. 

On healthcare sector, the Commission is looking at possible anti-competitive practices with regard to hospitals asking patients to take the services of a particular entity. 

However, the CCI chief noted that pricing of services in the healthcare would not exactly fall under its purview. “When there is tying in of supply of services, there are some cases we are looking at…,” he said. 

Without providing specific details, Chawla said that one case is at an advanced stage where the allegation is that of insisting on going to a certain supplier of services by hospital.”… otherwise whether the charges are high or low, it is not really for us to see.  

Phocomelia - No disability for MBBS: HC

The Bombay High Court  directed the state authorities to grant admission to a disabled student, who has phocomelia (shortened limbs), in the MBBS course. 

Rajdeep Deshmukh, who has two fingers in each hand and short  big toes on his feet, had contended that the deformity would not come in his way while studying medicine.  According to Deshmukh, his mother, when pregnant, was given thalidomide to prevent morning sickness. Consequently, he was born with phocomelia, his petition said. 

The division bench of Chief Justice Mohit Shah and Justice M S Sanklecha asked the Directorate of Medical Education and Research to admit the petitioner in MBBS course, after receiving a report from doctors of Grant Medical College and Sir J J Group of Hospitals. 

The report certified that Deshmukh was capable of performing basic practical examination with certain limitations. The judges noted that report stated that Deshmukh is capable of holding a syringe, and pursuing the MBBS course otherwise. 

"On account of shortened right index and middle finger and deformity of right thumb, petitioner's ability is partially affected, but does not prevent handling of slides, holding scissors and also there is sensation in the shortened fingers,"  the Court noted.

Sweden best country to grow old, 

Afghanistan the worst

Geneva: Sweden is the best place to grow old and Afghanistan the worst, according to a UN-backed study  that warns many countries are ill-prepared to deal with the old age time bomb, reports AFP. 

In a rapidly graying world, the Global Age-Watch Index – the first of its kind – found that Sweden, known for its generous welfare state, followed by Norway and Germany were best equipped to deal with the challenges of an ageing population.

How countries care for their senior citizens will become increasingly important as the number of people over the age of 60 is set to soar from some 809 million today to more than two billion by 2050 – when they will account for more than one in five people on the planet, the report said. 

“The 21st century is seeing an unprecedented global demographic transition, with population ageing at its heart,” the authors of the study said. 

The survey ranked many African and South Asian countries as the worst places to be retired, with Tanzania, Pakistan and Afghanistan rounding out the bottom three.

The index was compiled by the Help Age International advocacy group and the UN Population Fund in a bid to provide much needed data on ageing populations worldwide. It ranked the social and economic wellbeing of the elderly in 91 countries, by comparing data from the World Health Organisation and other global agencies on older people’s incomes, health, education, employment and their environments. 

While the world’s richest countries – including Western European nations, the US and Japan – predictably ranked highly, the report somewhat surprisingly found that a number of lower-income countries had put in place policies that significantly improved the quality of life for their elderly.

Bolivia, which offers free healthcare to its older citizens despite being one of the poorest surveyed countries, and Sri Lanka, with its long-term investments in health and education, were among those singled out for praise. 

The emerging economies of Brazil and China ranked 31st and 35th in the survey, while South Africa, India and Russia came in much lower at 65, 73 and 78 respectively.

Muslim faith school closes in UK 

London: A Muslim faith school in the UK accused of imposing strict Islamic practices on students and staff has been closed following an inspection. The Al-Madinah School in Derby has been dogged by controversy recently over its practices. The schools regulator visited the school and decided to close it, citing “health and safety” reasons. 

An unnamed former staff members of Al-Madinah, which opened as a free school in September last year, had alleged that girls were forced to sit at the back of the classroom, and that female staff members, including non-Muslims, had been forced to wear the hijab, BBC reported. Acting head teacher Stuart Wilson said the school would close temporarily. A Department for Education spokesman said: “We were already investigating this school before allegations became public. We discussed the problems with Ofsted and it launched an immediate inspection. We are waiting for Ofsted’s final report and considering all legal options.” 

The free school was opened in September 2012. Its first head, Andrew Cutts-Mckay, left after less than a year in the job. On its website, the school describes “a strong Muslim ethos” with shorter holidays and longer school days “to maximize opportunities for pupil achievement and success”. The Education Funding Agency – from which the school gets its public funding – is also investigating alleged financial irregularities, the BBC reported.