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Advts: Classifieds | Employment | Obituary | Kerala
By Our Staff Reporter
KOCHI, MARCH 1. The Kerala High Court today upheld the Government order declaring as `protected system' the software developed for the FRIENDS-a single window for collecting bills of various Government departments and statutory bodies such as the Kerala Water Authority (KWA), and the Kerala State Electricity Board (KSEB). Justice C. N. Ramachandran Nair handed down the ruling while dismissing a writ petition filed by B. N. Firoz, proprietor, Comtech IT Solutions, Thiruvananthapuram, claiming Intellectual Property Rights (IPR) over the software. The Government had issued the order declaring the software as protected system under section 70 of the Information Technology Act, 2000. As per the section, those who secured or attempted to secure access to a protected system would be punishable under the section. The court also ordered that the petitioner was prohibited from exercising any right over FRIENDS software or assigning it or dealing with it in any manner, affecting the exclusive right of the Government.The single window collection centres had been set up in all over the State. In fact, the Government had entrusted the development for the software with the Centre for Development of Imaging Technology (C-DIT), Thiruvananthapuram, which in turn gave the work of setting up and providing continuous technical support and maintenance to the petitioner. Dismissing the petition, the Judge pointed out that the petitioner had no case that the C-DIT had assigned the right to him. Besides, the software was `a Government work' coming under section 2(k) of the Copyrights Act. The method adopted by the Government was to create an agency- C-DIT-as a total solution provider (TSP) and got the work done through a sub-contract. There was nothing in the provisions preventing the Government from assigning the copyright in Government works to any other person, the court observed.
Direction to produce files
The court has directed the Government pleader to produce the files relating to the grant of stay against the cancellation of licences of six toddy shops in Thiruvalla. The files should be produced on March 9. The direction was issued when a writ petition filed by V.K. Viswanathan, a licencee in the Changanassery excise range seeking a direction to the Excise Commissioner to dispose of his petition against the cancellation of his licence came up. It was cancelled following detection of 1.6 litres of arrack from his toddy shop. The court had earlier held that if a stay were granted against cancellation, it would defeat the very purpose behind the licence cancellation.
Directive on arrack workers
The Kerala High Court today directed the State Government to consider introducing provisions in the Foreign Liquor Rules and the condition in the Bar Licence and Beer Parlours Licence for reemploying a person who lost his job because of the closure of arrack and toddy shops. Justice C.N. Ramachandran Nair also ordered that the Government should consider `rationalising' the Abkari policy, if possible, by reducing the Bar licence fee in the mofussil areas so that the people did not have to consume spurious liquor. The court made the observations while dismissing a batch of writ petitions challenging rules 4(2) and 9(10) of the Kerala Abkari Shops Disposal Rules making it compulsory for the toddy shop licencees to employ one of the those who lost job on account of the closure of abkari and toddy shops. The rules were introduced following the arrack ban. The petitioner had said that the Government had no power to make such rules and was violative of the abkari laws.
Dismissing a contention of the petitioners, the court said that there was nothing in the Industrial Disputes Act, which prevented the Government from making provisions for rehabilitation of workers.
The High Court today dismissed a petition seeking a CBI probe into the allegations levelled against the Education Minister, Nalakath Soopy, and the Industries Minister, P. K. Kunhalikutty, in connection with the grant of NOCs for starting self-financing B.Ed colleges.
The petition was filed by K. Hamsa of Koothuparambu, Kannur. According to him, though the Lok Ayukta was seized of the matter, it had no machinery to investigate into the criminal charges. The petitioner, therefore, sought a CBI probe into the allegation of bribery, nepotism and favouritism raised against the Ministers while granting NOCs for starting the colleges.
Dismissing the petition, Justice G. Sasidharan observed that the petition was filed on the basis of newspaper reports. It could not be said that they were material that would show that "the commission of offence is prima facie established".
When the petition came up for hearing, the Advocate General, M. Ratna Singh, pointed out that the allegations were vague. Nothing had been prima facie established to indicate that the Ministers had committed any offence, warranting a CBI investigation.
The court observed that there should be material which would prima facie establish that there was commission of offence, before ordering a CBI inquiry
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