Académique Documents
Professionnel Documents
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46
NDIA
EGAL
I L
www.indialegalonline.com
`100
THE PARIS
EFFECT
SMRUTI
Endemic
intolerance
34
CONSTITUTION
DEBATE
Modis balm 54
MURALI
KRISHNAN
Taslima
Nasreens
exclusive
interview
AJITH
PILLAI
Indranis
mess
gets
messier
42
56
ISSUE. 07
Editor
Inderjit Badhwar
Managing Editor
Ramesh Menon
Deputy Managing Editor
Shobha John
Executive Editor
Ajith Pillai
Associate Editors
Meha Mathur, Sucheta Dasgupta
Deputy Editor
Prabir Biswas
Art Director
Anthony Lawrence
Deputy Art Editor
Amitava Sen
Graphic Designer
Lalit Khitoliya
Photographer
Anil Shakya
News Coordinator/Photo Researcher
Kh Manglembi Devi
Production
Pawan Kumar
LEAD
42
In defense of Lalu
46
34
Circulation Manager
RS Tiwari
INTERVIEW
CFO
Anand Raj Singh
VP (HR & General Administration)
Lokesh C Sharma
SOCIETY
Paris is burning
France takes stock of its options post 13/11 while the clamor for closing
the doors on Syrian refugees grows. A report by Stratfor
14
16
22
74
DIPLOMACY
The dazzle of
Koh-i-Noor
With the legal route being used to bring this priceless
gem back to India, will Britain give up its claim on it?
SAJEDA MOMIN reports from London
HERITAGE
Haunting memories
72
STATES
POLITICS
PROBE
Follow the
money trail
54
56
REGULARS
VOLUME. IX
60
64
68
Quote-Unquote...........................................................6
Ringside......................................................................7
National Briefs.............................................................25
Supreme Court............................................................28
Courts......................................................................... 30
International Briefs.......................................................45
Campus Update..........................................................78
Figure It Out.................................................................80
Wordly Wise.................................................................81
People......................................................................... 82
QUOTE-UNQUOTE
Express
France would
be unforgiving
with the
barbarians
from Daesh.
French
President Franois
Hollande, after the
terror strikes in Paris
Aruna
VERDICT
Laws are spider webs through which the big flies
pass and the little ones get caught.
Honore de Balzac
INDERJIT BADHWAR
THE EFFICACY
AND LEGALITY
OF MASS
SNOOPING
Amitava Sen
Are methods
like sharpening
of intelligence
gathering
through
snooping and
surveillance
and the
preventive
arrest and
prolonged
interrogation
of suspects
which,
arguably,
impinge on
human rights
and privacy,
effective?
POLICY
FAULTLINES
(Right) A series of
attacks by ISIS,
including in Paris,
has raised doubts
about government
surveillance
UNI
Like in all
functioning
democracies,
the debate
over privacy
versus security
is also robust
and a matter
to which our
justice system,
particularly
the Supreme
Court, have
paid much
needed
attention.
10
Rohatgi submitted that in view of the judgments of the apex court in M.P. Sharma &
Others v. Satish Chandra & OthersAIR
1954 SC 300 and Kharak Singh v. State of
U.P. & Others, AIR 1963 SC 1295(decided
by eight and six judges respectively), the legal
position regarding the existence of the fundamental right to privacy is doubtful. He also
submitted that in several subsequent decisions, the Supreme Court referred to right to
privacy, contrary to the judgments in the
above mentioned cases which resulted in a
jurisprudentially impermissible divergence of
judicial opinions.
LANDMARK
VERDICT
(Above L-R) Justices
J Chelameswar,
SA Bobde and
C Nagappan of the
Supreme Court
11
Right to freedom
of speech and
expression is
guaranteed
under Article 19
(1)(a) of the
Constitution. This
freedom means
the right to
express ones
convictions and
opinions freely by
word of mouth,
writing, printing,
picture, or in any
other manner.
When a person is
talking on
telephone, he is
exercising his
right to freedom
of speech and
expression...
Supreme Court
12
HUMANE
APPROACH
The Supreme
Court gave
precedence
to personal
liberty and
privacy while
giving its
ruling on
Aadhaar
cards
Aadhaar card may also be used for the purpose of the LPG Distribution SchemeThe
information about an individual obtained by
the Unique Identification Authority of India
while issuing an Aadhaar card shall not be
used for any other purpose, save as above,
except as may be directed by a Court for the
purpose of criminal investigation.
editor@indialegalonline.com
14
EUROPEAN RAMIFICATIONS
The Paris attacks occurred during a Europewide political crisis over migrant flows from
the Middle East, Asia and Africa. A Syrian
passport was found near the body of one of the
Paris attackers, prompting a Greek official to
say November 14 that the name on the document belonged to a person who passed though
Greece in October. This news means that a
number of politicians critical of the European
Union's response to the immigrant crisis will
amplify their disapproval. In particular, advocates who want to end the Schengen agreement, which eliminated border controls in
Europe, will use Paris to support their cause.
This has already begun. Poland became
the first country to link the Paris attacks to
the uptick in immigration. On November
14, Polish Minister for European Affairsdesignate Konrad Szymanski said the Paris
attacks make impossible the implementation of an EU plan to distribute asylum
seekers across the Continental bloc. As
expected, France's National Front party also
demanded the end of the Schengen agreement. In a televised speech, party leader
Marine Le Pen said France has to recapture
control of its borders.
In Germany, Bavarian Prime Minister
Horst Seehofer said the Paris attack demonstrates that border controls are more necessary than ever. Seehofer has been very critical
of the German government's handling of the
refugee crisis, demanding permanent border
controls as well as faster repatriation of asylum seekers. The Paris attack will likely
strengthen his position and further weaken
the government of Chancellor Angela Merkel,
which was already facing internal dissent
because of the migration crisis. In recent
weeks Germany has seen an increase in antiimmigrant violence, including arson attacks
against refugee shelters. The November 13
attacks may encourage more extremist groups
across Europe to attack asylum seekers.
The anti-Schengen camp will feel vindicat-
Photos: UNI
ed by a parallel event that took place in southern Germany last week, when a Montenegrin
citizen was arrested while allegedly driving to
Paris with several weapons. While German
police have not established a direct connection
between this incident and the November 13
attacks, they have said that a link cannot be
ruled out. The fact that this man was from
Montenegroa country in the Western
Balkansand made it to Germany in his car
will strengthen the demands for stricter border controls along the so-called Balkan route
of migration, which connects Greece to
Northern Europe.
The Paris attacks will therefore improve
the popularity of anti-immigration parties in
many European countries, and continue to
weaken popular support for the Schengen
agreement. Several countries, including
Germany, Sweden, Slovenia and Hungary had
already re-established border controls because
of the immigration crisis. Hungary and
Slovenia have gone as far as building fences
along their borders. After the November 13
attacks, most EU governments will find it hard
to justify a policy of open borders. IL
Courtesy Stratfor
THE CRACKDOWN
Police patrol a spot
near Eiffel Tower the
morning after the
November 13 attacks
The Paris
attacks will
improve the
popularity of
anti-immigration
parties in many
European
countries, and
continue to
weaken popular
support for the
Schengen
agreement.
15
As a pre-dawn
raid on November
18 outside Paris
targets suspected
mastermind of
November 13
attack, his roots
point to the
shadow Belgium
casts over the
terror threat
in Europe
by Sebastian
Rotella
Update, Nov. 19, 2015: Paris prosecutors confirmed today that Abaaoud had
been "formally identified" as one of the
dead at the scene of the police raid and
gun battle Wednesday in the suburb of
St. Denis. His corpse had been disfigured by bullets and shrapnel from a
bomb explosion, prosecutors said.
Police were still hunting for fugitive
Salah Abdeslam, who allegedly took
part in the attacks and oversaw the
rental of cars, safe houses and other
logistics. Belgian police conducted new
searches in the Brussels area today as
part of a massive investigation.
Abdeslam fled to Belgium after last
Friday's attacks with the help of two
accomplices who are under arrest. "We
believe Salah is here," a senior Belgian
counterterror official said today. "He is
our top concern."
16
The leading
role of
Belgians in
the Paris
massacre
highlights the
large shadow
cast by
Belgium on
the map of
terror in
Europe during
the past two
decades.
Mastermind dead
Photos: UNI
17
UNI
18
19
In an interview, a
senior Belgian law
enforcement
official said
the swagger
and savagery of
the Islamic
State has a
disturbing appeal
among aimless
young criminals
in Molenbeek
and other
neighborhoods.
Courtesy ProPublica
Photos: UNI
20
21
The program
was generating
numerous tips
to the FBI. The
tips were so
frequent and
such a waste of
time that the
field offices
reported back,
in frustration,
Youre sending
us garbage.
22
Photos: UNI
FEAR RULES
French police
engaged in rescue
operations at one of
the sites of the
Paris terror attacks
23
An analysis of
225 individuals
recruited by
al-Qaeda or a
like-minded
group, and
charged in the
US since 9/11,
demonstrates
that traditional
methods
provided the
initial impetus
for investigations
in the majority
of cases.
24
claims about the success of surveillance programs in the wake of the 9/11 attacks as
overblown and even misleading.
An in-depth analysis of 225 individuals
recruited by al-Qaeda or a like-minded group
or inspired by al-Qaedas ideology, and
charged in the United States with an act of
terrorism since 9/11, demonstrates that traditional investigative methods, such as the
use of informants, tips from local communities, and targeted intelligence operations,
provided the initial impetus for investigations in the majority of cases, while the contribution of NSAs bulk surveillance programs to these cases was minimal.
Edward Snowdens leaks about the scope
of the NSAs surveillance system in the summer of 2013 put government officials on the
defensive. Many politicians and media outlets echoed the agencys claim that it had successfully thwarted more than 50 terror
attacks. ProPublica examined the claim and
found no evidence that the oft-cited figure
is accurate.
Its impossible to assess the role NSA surveillance played in the 54 cases because,
while the agency has provided a full list to
Congress, it remains classified.
The NSA has publicly discussed four
cases, and just one in which surveillance
NATIONAL BRIEFS
Courtesy ProPublica
Center
backpedals
on Swamy
prosecution
Maharashtras
petrol woes
aharashtras legal metrology
department has threatened
criminal action against state-owned
oil companiesHindustan Petroleum
Corporation Ltd, Bharat Petroleum
Corporation Ltd and Indian Oil
Corporation Ltdfor using outdated
technology for measuring and dispensing fuel, as a result of which
retail outlets receive less fuel while
being forced to pay for the full quantity, reports The Indian Express. To
curb this problem, the state govern-
Nirbhayas parents
move NHRC
he National Human Rights
Commission (NHRC) received
a petition from the parents of the
victim of the December 2012
Delhi gang rape, saying that the
juvenile offender in the rape and
murder of their daughter, who will
be released on December 15, continues to be a threat to society.
The NHRC has issued notices to
the center and the Delhi government on the complaint.
The Times of India reported
that the parents asked the NHRC
to recommend that the govern-
ment prepare a plan to protect citizens from such delinquent juveniles upon their release. They
urged that laws requiring states to
monitor and track convicted sex
offenders following their release,
like those in countries like the
US and Canada should be
implemented in India.
Concluding that the parents
fears were well-founded and needed to be looked into, NHRC asked
the Delhi government to inform it
whether any post-release plan had
been prepared in the case and
whether the juvenile was
recently subjected to
psychiatric assessment.
25
SUPREME COURT
UP to pay compensation
he Supreme Court slammed the UP
government for procedural lapses
that led to the sacking and eventual
arrest of a forest officer in UP on false
charges. The Court asked the state
government to pay him `10 lakh as
compensation for mental agony, loss
of reputation and financial loss.
It was during Mulayam Singh
Yadavs regime in 2003 that Dr Ram
Lakhan Singh, an Indian Forest Service
officer, had to suffer such ignominy.
28
he apex court directed Vodafone India, Indias number two telecommunications company, to pay
`2,000 crore to the Department of Telecommunications
(DoT). If the UK-based company does that, it will be
able to re-start a three-year-old process of merger of its
six group units in India for operational efficiency.
The merger process had come to a grinding halt
due to a payment dispute with DoT as Vodafone needed
a license from it to proceed with the merger. The apex
court asked Vodafone to cough up the amount before
the merger takes place.
Whether Vodafone needs to pay more to settle the
payment dispute once and for all will depend upon the
result of litigation on the matter in lower courts. The
company had already received a favorable order from
MP governor
under
scanner
A
Vodafone to
proceed with merger
Culling
stray dogs
29
COURTS
30
Relief for
Greenpeace
he Madras High Court
did not approve
the cancellation of
registration of
Greenpeace India
by the Tamil Nadu
Register of
Societies (RoS) and
put a stay on the
latters order. It
ruled that the NGO
would operate in India
until the judiciary gave its
final verdict on charges of
financial improprieties
slapped on it by the center.
The Courts ruling
came after Greenpeace
India approached it
following the action taken
by RoS.
In April this year, the
center had put on hold the
NGOs registration in India
for six months. Greenpeace was not allowed to
source funds from abroad
and even its accounts in
hether he does
appear or not is a
million dollar question,
but a Mumbai sessions
court has summoned
David Coleman Headley
as an accused in the
26/11 terror attacks in
the metropolis.
Summons have been
shot off to the concerned
authorities in the US and
Headley will have to face
the court in a hearing
through video-conferen-
31
Idea of
India
under
Threat
34
GROWING PROTESTS
The government will undoubtedly unleash its
defense in parliament and attempt to bolster
it outside. After all, Finance Minister Arun
Jaitley dismissed the resistance against intolerance and bigotry as manufactured rebellion earlier. Others will attempt to dismiss
the movement too. But this is more than a
political issue. The resistance to the threat of
India turning into a bigoted, fanatical and
narrow-minded society has gathered social
momentum and brought a wide range of
SILENT SPECTATOR
Vehicles were set on
fire during violent
clashes between
Hindus and Muslims
in Vadodara; Modis
refusal to speak up in
the face of such
incidents is worrying
35
It is stupid to be
intolerant and this is our
biggest issue, not just an
issue Religious
intolerance and not being
secular in this country is
the worst kind of crime
that you can do as a
patriot.
Shah Rukh Khan, actor
protestors out into the public domain.
Two incidents in recent times acted as
catalysts: the cold-blooded murders of rationalists Dr MM Kalburgi in Dharwad,
Karnataka, and Govind Pansare in Kolhapur,
allegedly by right-wing Hindu fundamentalists on August 30, and the horrific lynching
of Mohammed Akhlaq in Dadri, near Delhi,
following allegations that he and his family
had consumed and stored beef in their house.
The latest to voice his insecurity about an
intolerant India has been actor Aamir Khan,
who on November 23, said: Kiran (wife) and
I have lived all our lives in India. For the first
36
the people who are the elected representatives we look upon these representatives to
take a strong stance, make strong statements
and speed up the legal process to prosecute
such cases. It doesnt matter who the ruling
party is.
PUBLIC STAND
The resistance started with writers returning
their awards to the Sahitya Akademi to symbolically protest against its studied silence as
writers freedom came under the shadow of
guns and open threats after Kalburgis murder. Soon, scientists, a community that rarely
takes a public stand on social issues, joined
their voices to the protests. Shah Rukh Khan
too spoke up.
As many of the protestors pointed out, the
stifling of dissent, curbs on freedom of expression and diktats being issued on what one
should eat, wear, read or watch by right-wing
Hindutva outfits seemingly enjoyed tacit
support from those in power.
Prime Minister Narendra Modi, meanwhile, chose complete silence instead of
words of reassurance or commitment to the
constitution. It was not lost on people that a
man who embraced social media and wished
colleagues on their birthdays and remembered leaders on anniversaries, did not offer
any comment on the rising intolerance.
When finally he did, under pressure, it was
VOICES OF PROTEST
(Clockwise from above)
In the light of growing
intolerance,
documentary
director Anand
Patwardhan has
returned his national
film award, novelist
Shashi Deshpande has
resigned from the
Sahitya Akademi
General Council and
writer Nayantara
Sahgal has returned
her Sahitya Akademi
Award
the most wishy-washy statement in the circumstances: Hindus and Muslims must fight
poverty together.
Jaitley, Home Minister Rajnath Singh
and others attempted to change the narrative
but the tag intolerant India had stuck.
Instead, BJPs spokespersons and apologists
mocked the Idea of India that stands for a
plural, secular, multi-denominational, inclusive and egalitarian country. Cultural Affairs
Minister Mahesh Sharma mocked that writers should stop writing. Together, they were
effectively undermining the letter and spirit
of the constitution.
INDIA LEGAL December 15, 2015
37
He questioned Shah
Rukh Khans patriotism
and said his soul is in
Pakistan.
As convenor of Shiksha
Bachao Andolan Samiti,
he is pushing Sanghs
ideology in textbooks.
38
39
DISCORDANT NOTES
The Shiv Sena did not
allow Pakistani singer
Ghulam Alis show to
happen in Mumbai
40
MORE NEWS
Practice in
lower courts first
enior advocate and
chairman of Bar Council
of India (BCI) Manan
Kumar Mishra told a
five-judge constitution bench
headed by Justice
JS Khehar that the BCI
is contemplating framing
of rules which would
make it mandatory
for a lawyer to practice
for a minimum of five years
in lower courts before joining
the high court, reports
The Times of India. At
present, a law graduate can
argue a case in all courts,
including the Supreme
Court, after clearing the
All India Bar Examination
conducted by
the BCI.
T
Pre-nuptial agreements
nion Minister for Women and Child
Development Maneka Gandhi wants to
make pre-nuptial agreements, which have
already caught favor in the western world,
to be recognized in Indian courts as a standard legal document, reports The
Huffington Post.
At the moment, the pre-nuptial agreement is not recognized in India. Couples
may enter into an agreement under the
Indian Contracts Act, but this has not been
legally upheld in courts. The ministry has
now called for a consultation on the matter
from several stakeholders, including former
solicitor-general Indira Jaising,
women-centric NGOs and so on.
41
This is a Different
India...! Hope Good Sense
Will Prevail
Exiled in 1994 for criticizing Islam in her novel
Lajja, controversial Bangladeshi writer
TASLIMA NASREEN is still dauntless and does
not mince words when it comes to opposing
religious fundamentalism and espousing the
cause of freedom of expression. Since 2004, she
has an Indian visa on a continuous basis. In an
interview to MURALI KRISHNAN, Nasreen, 53,
shares her worries about the shrinking space for
freethinkers in her country and says Islam
cannot be exempt from the critical scrutiny other
religions go through. Excerpts:
42
BACKWARD
MARCH
(Left) More and
more Bangladeshi
youth are taking
to the burqa and
the Hijab now
The Jamaat-eIslami, whose
leader Abdul
Quader Mollah
(below) was
hanged in 2013
for war crimes,
has infiltrated the
Awami League
43
INTERNATIONAL BRIEFS
ETHOS OF
INTOLERANCE
(L-R) Bangladesh
blogger Avijit Roy
and Indian thinker
MM Kalburgi
both fell prey to
fundamentalist
forces
Thailand repatriates
Chinese dissidents
C
bloggers and writers. All pro-independence people are not necessarily freethinkers. Many are believers. They support the punishment of war criminals
as well as the atheists. The real conflict
is between secularism and fundamentalism. Between rational, logical thinking and irrational blind faith, between
humanism and barbarism, between
those who value freedom and those
who do not.
44
I said that
pseudo-secular
people who speak
against Hindu
fundamentalists but
not against Muslim
fundamentalists are
hypocritical. I dont
understand why they
think they should
defend minority
fundamentalism.
killers are still after me. They have
made a new global hit list and my
name is on it.
ranian authorities
announced that American
journalist Jason Rezaian, a
reporter of The Washington
Post, held by the government for 16 months and
charged with espionage,
had been sentenced to jail,
reported NBC News.
Rezaian, a dual
American-Iranian citizen,
45
The Persecution of
Lalu Prasad Yadav
POLITICAL
VENDETTA?
The book questions
CBIs overzealousness
in dragging Lalu
Yadavs name into
corruption cases
ollowing
an
outrageous
attempt by the CBI officers in
Patna headed by UN Biswas,
Joint Director, CBI from
Calcutta on 31st July 1997 to
summon the assistance of the
army authorities to arrest Lalu
Prasad Yadav, former Chief Minister of
Bihar, I was appointed by the Cabinet
Secretariat to enquire into the incident and
submit a report in ten days time. There had
been uproar in the Parliament and to
assuage the feelings of other MPs cutting
across party lines, Prime Minister Gujral
decided to institute an inquiry. How this
assignment came my way while I was serving as DG RPF was a mystery to me. Perhaps
it was a vindication (and recognition) of my
consistently apolitical and independent
stance in my career.
I visited Patna and recorded statements
and collected the facts from concerned CBI
officials and army authorities and submitted
my report on 18th August 1997. In what
came to be known as the Animal Husbandry
Department scam, CBI had registered 49
cases and Lalu Prasad Yadav was involved in
seven cases, including RC-20 (A) /A/96Patna, which was a case of larger conspiracy (a term invented by Joint Director Biswas
APOLITICAL PROFILE
AP Durai is wellrespected for his
upright image
47
ASSAULT ON ADMINISTRATIVE
STRUCTURES
The second player in this scenario was the
Director, CBI of the relevant periodwho
also seemed to show keen interest in the
arrest of Mr Lalu Prasad but at the same
time, was helpless as Biswas had virtually
declared independence from his Director.
This collapse of the chain of command was
due to the fact that the Monitoring bench
had directed the Director, CBI not to interfere with the work of the Joint Director
(East). In addition, they had also injuncted
the Director from transferring out Biswas
from his present post. Thus a CBI within the
CBI was created, violating all cannons of
good administration. The Director should
48
Lalu and conducted a trial, and even convicted him in their newspapers. Under the
Rule of Law, everyone accused of a crime is
presumed to be innocent till he is pronounced guilty by the competent court. But
the press and electronic media in this country have gradually become judges in cases
which are pending investigation or pending
trial.
The lakshman rekha has been crossed
by all players and the resultant victim is the
rule of law in this country.
BISWAS GEARS UP FOR THE ARREST
To get back to the main story: Once the CBI
had got a non-bailable warrant issued
against him on 23rd July 1997 and his arrest
was imminent, Lalu Prasad had quit office
and installed his wife as chief minister. He
then promptly announced his plan to surrender to the court in view of the non-bailable warrant issued against him. Joint
Director UN Biswas and his CBI team in
Patna, decided to thwart Lalus plan and
arrest him on 30th July, but they could not
do it thanks to the big gathering of Lalus
supporters around his residence. This
prompted Biswas to think of obtaining the
Armys assistance. If he had succeeded, the
emotionally surcharged atmosphere would
have exploded in Patna, placing the
Government of India in a
big mess.
Seeing that the state
police did not share their
zeal, the CBI officers consulted the monitoring
judges orally and sent a
requisition to the army
commander in Dhanapur
to render help in arresting Lalu on the morning
of 31st July 1997. UN
Biswas and his legal
counsel, Rakesh Kumar,
were in constant touch
with one of the judges of
the monitoring bench.
This they quoted in their
statements before me
during my enquiry as
their authority for what
WRONG PRECEDENT
The erring CBI officials
requisitioned the army to
arrest Lalu Yadav, in
violation of the law of
the land
49
50
WELL-GROUNDED
(Left) Lalus performance as railway
minister during UPA-I regime attracted much
public admiration
(Below) The author found Lalu Yadav a man of
earthy common sense and devoid of arrogance
51
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UNUSUAL
INVOLVEMENT
The author found it
strange that CBI officers
could meet Patna High
Court judges outside the
courts and seek oral
directions
52
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30
Salve after
Mindless Salvos
The
Constitution
Day debate
was marked by
acrimony and
verbal dual till
Modi reached
out and
smoothened
ruffled feathers
By Ajith Pillai
PRAGMATIC
APPROACH?
(Above) Modi tried
to soothe ruffled
feathers in his
address on the
Constitution Day in
parliament
54
Photos: UNI
PLAYING TO
THE GALLERY?
(Above) Congress
president Sonia
Gandhi was
desperately trying
to appropriate the
Ambedkar legacy in
her speech
Home Minister
Rajnath Singh
set the tone and
tenor of the
debate on day
one. He paid
tributes to
Ambedkar, Patel
and Nehru but
soon strayed
into familiar
Hindutva-RSS
territory.
55
The Money
Strangle
Photos: UNI
PLOT THICKENS
(L to R) Peter Mukerjea
being taken for
interrogation; Indrani
Mukerjea with the cops
56
VITAL LINK
Vidhie, Indranis
daughter from
her marriage to
businessman
Sanjeev Khanna
The arrest of
Peter Mukerjea,
on November
19 by the CBI,
came as a
surprise. New
strands of
information
have suddenly
emerged,
adding a
shocking twist
to the tale.
57
On record, there
was an inflow of
about `750 crore
into INX Media.
Much of it came
from equity
companies and
was shown in
the books as
expended or as
losses and
allegedly
siphoned off.
IN HAPPIER DAYS
Sheena with Rahul,
Peter Mukerjeas son
58
THE RADIA
CONNECTION
Niira Radia was
liasoning with the
NewsX management
on financial matters
that possibility.
A police official in Mumbai who has been
following the case closely told India Legal
that high stakes must certainly be involved
for someone like Sanjeev Khanna (Indranis
ex-husband) to get himself entangled in the
sordid mess. Remember, he was a fairly successful and respected businessman in
Kolkata, owned an upscale restaurant and
dabbled in real estate and the hotel development business before he was implicated in
the murder. Why would he get involved?
The explanation that he willingly joined the
plot so that his daughter Vidhies interests
would be served and she would become the
rightful heir to Peters wealth is too simplistic. It may be recalled that Sanjeev was
dumped by Indrani and their daughter was
legally adopted by Peter. Why would Sanjeev
agree to be part of the murder unless there
were big bucks involved and he was promised a share? he asks.
There are several questions that have
bewildered investigators ever since the
sensational murder came to light in August
this year. What has complicated the case
further is the fact that those linked to the
crime, including the Mukerjeas, have
emerged as people with no real emotional
bonding between each other. And yet their
lives criss-crossed.
As for the killing itself, it was speculated
that Indranis own insecurity and misgivings
may have made her strangle her own daughter. It was even said that she was simply a
person with a diseased mind. But if that was
true, then what about the others who were
willing accomplices to the crime? How did
Indrani convince them to come on board?
We now know that money was part of the
murder matrix. And that too big money... IL
INDIA LEGAL December 15, 2015
59
PRICEY DREAM
An artists impression of
the smart city of Dholera
Land
of No
Return
Farmers in 22 Gujarat villages whose land
has been acquired for the Delhi-Mumbai
Industrial Corridor Project are an unhappy
lot. Though a PIL has been filed,
nothing has come out of it
By Kaushik Joshi in Ahmedabad
60
DSIRs
Importance
gapassociate.com
61
We have documents
with us and we want
the government to
check them and give
our land back. The
stock reply is the land
now belongs to DSIR.
Pradyumnasinh Chudasama,
leader, Bhal Bachao Andolan
We have already
started the process
for verifying the
records and if
there are genuine
grievances, we will
redress them.
Rajkumar Beniwal,
collector, Ahmedabad
ing was presided over by the collector of
Ahmedabad on March 3, 2014, where he
promised to do justice to the farmers within
a month, nothing has been done so far, allege
the farmers. These are lands the farmers got
under the tenancy and agricultural land ceiling laws. Though they have evidence to that
effect, thanks to shoddy records of the revenue department, the lands were treated as
government land and allotted to DSIR.
Rajkumar
Beniwal,
collector
of
Ahmedabad, said: We have already started
the process for verifying the records and if
there are genuine grievances, we will redress
them. It could take a couple of months. AB
Gor, resident additional collector of
Ahmedabad too said: We have instructed
62
DISPOSSESSED
A sit-in by farmers
at the office of
the collector in
Ahmedabad
Mahesh Makwana, 30, a farmer from Shela village, a postgraduate, has 350
bighas of land. Under DSIR, he has lost half of it. Does the government want
us to do petty jobs in DSIR? Do we have to go to work with
tiffins? We shudder to think of it.
Sixty-year-old Lakhadhirsinh Chudasama (in photograph) is
from Kadipur village in Dhandhuka tehsil of Ahmedabad
district. He has 30 bighas of land and is entirely dependent
on agriculture. The government has applied town planning
law to our agricultural land. If we are not given what is
rightfully ours, we will commit suicide on the same
land. They have denied us even the Narmada canal
waters for irrigation, leaving us in the lurch.
Narubhai Makwana, 50, is from Mingalpur village
in Dhandhuka tehsil of Ahmedabad district. He has
55 bighas of land and said: They (revenue officials)
came, measured our land and entered DSIRs
name even in land under dispute. But we have the
documents. Earlier, princes ruled over us. Now we
have government officials in the same role. Where
do we go?
63
Andhra CM
Chandrababu
Naidu wants
Amravati to be
a rival to
Hyderabad as
the historic
city combines
mythology,
history and
modernity.
Tale of Two
Capitals
Andhra Pradesh Chief Minister
Chandrababu Naidu has grand
plans to develop a new state
capital which will be both historic
and futuristic. But the big
question is whether Amravati
can be a second Hyderabad
By Kalyani Shankar
HIGH HOPES
(Left) Prime Minister
Narendra Modi,
Andhra Pradesh CM
Chandrababu Naidu
and others at the
foundation-laying
ceremony of Amravati
(Below) An artistic
impression of
Amravati
narendramodi.in
64
65
Photos: UNI
ICONIC BUILDING
Charminar in Hyderabad,
where the old and the
new exist seamlessly
66
FUTURISTIC CAPITAL
The master plan for the new
capital envisages a core capital, capital city and capital
region in three layers boasting of tall glass structures,
boulevards, wide roads and a
pedestrian way, metro and
river-way transport and
walkways. A water taxi service like in Venice is also being
planned. The core capital will
consist of the Raj Bhavan, a
secretariat and an assembly
but financial support for
these structures has to come
from the Union government
as specified in the Andhra
Pradesh Reorganization Act.
The 7,325-sq km Capital
Region Plan is the first of a
three-stage master plan for
the capital city. Amravati will
be a blue and green city involving nine mini
cities dedicated exclusively to entertainment,
education, health, economy, justice, hardware, electronics and tourism. Till now, the
central government has allocated `1,500
crore. The new capital is planned for 1.40
crore people by 2050 and for creating 40
lakh jobs in the next few years.
According to officials, in the first phase,
95,000 jobs will be created followed by
1,60,000 in the second, 52,000 in the third,
1,77,000 in the fourth and 1,13,000 jobs in
the fifth phase. The Andhra Pradesh government, through the AP Capital Region
Development Authority, has acquired some
33,000 acres of land through a land pooling
scheme. If government land is tagged, the
land pool swells to 54,000 acres creating a
massive land asset.
Naidu may face many challenges in fulfilling his dream. The first is the political challenge. Naidu is not on a strong wicket as the
opposition parties, including the YSR
Congress led by Jaganmohan Reddy, the
Congress and the Left are critical of his
inability to get special status for Andhra
Pradesh. Prime Minister Modi announced no
special package on the occasion of the capitals foundation laying ceremony; he just
UNITY IS BETTER
(L to R) Andhra
Pradesh Chief Minister
Chandrababu Naidu
and his Telangana
counterpart,
Chandrasekhar Rao
The CMs of
Andhra Pradesh
and Telangana
should
realize that
complementing
each other is
more beneficial
than being
competitive.
67
Anil Shakya
A Rajasthan High Court judgment has held that if temple lands are
transferred to a tenant for cultivation, they cannot be immune from
acquisition by the state. It has been challenged in the apex court
By Venkatasubramanian
68
The Supreme
Court had held
that when
property is given
absolutely for
the worship of
an idol, it vests
in the idol itself
as a juristic
person. The idol
is capable of
holding property
in the same way
as a natural
person.
DIVINE RIGHT
Every deity,
such as
Rajasthans
Karni Mata
(left), has
a juridical
status
69
RICH TEMPLE
Southern shrines like
the Meenakshi temple
in Madurai have
traditionally owned
large tracts of land
IN GOOD FAITH
A queue in Karni Mata
temple at Deshnoke.
The apex court holds
that deities must
have a direct link to
cultivation of land with
the temple
70
71
From Ghost
Town to Glory
SPOOKY FEELING
(Above) Today,
Kuldhara blends into
the alien desert
environment and
wears a desolate,
forlorn look
72
restoration project. Shailendra Agarwal, principal secretary, tourism and archaeology, said:
Kuldhara has a story to tell and a look at the
ancient village would give the visitor an impression that once it was a prosperous place. We
have decided to restore the glory of this village
and in the first phase, `4 crore has been earmarked to restore some of the historic havelis.
The idea is to encourage tourists to extend their
stay in Jaisalmer so that apart from the famed
fort and the sand dunes, they will also be able to
see Kuldhara.
BAD TIMES
Till some two centuries ago, Kuldhara, in the
thick of the Thar Desert, was a thriving center
of trade that connected the Sindh province (in
undivided India) with the rest of the country.
That was till it fell upon bad times. Legend has
it that the then Kuldhara chieftain, a Rajput
Paliwal Brahmin, had a stunningly beautiful 18year-old daughter who caught the fancy of the
debauched dewan of Jaisalmer, Salam Singh.
Word was sent to the village chieftain that he
wanted to marry his daughter.
Salam Singh was so keen to marry the girl
that he also held out a threatif the girls father
HAUNTED VILLAGE?
Recently, a team from the Paranormal Society
of Delhi visited the village after hearing stories
about it. Equipped with electronic equipment,
it scanned the entire village and encountered
strange happenings. From moving shadows
and haunting voices to hand imprints of children on cars, the team members lived through
one of their scariest nights while they were
there. However, the team could not concretely
detect any supernatural phenomenon in Kuldhara. Perhaps the alien desert environment
was playing tricks on their mind.
A team of geologists from the Indian
National Science Academy, including famous
geologist Professor AB Rai of Udaipurs ML
Sukhadia University, presently working at Kuldhara, provided a more rational clue to the mystery. It discovered that the region was located
on an active earthquake faultline. The geologists believe that a natural calamity or the fear
of one must have forced the villagers to abandon their village in 1824-1825. Their conclusion
is that the story of the Paliwal Brahmins abandoning the village overnight might have nothing to do with the conduct of Singh.
EXPLORING
MYTHS?
A team of
archaeologists
inspecting Kuldhara
73
PRIZED
POSSESSION
(L-R) Shah Jahans
Peacock Throne had
been adorned with
the precious
diamond
Nadir Shah of Iran
took the coveted
diamond with him
as war booty and
gave it the name
Koh-i-Noor
UNI
Whose Diamond
is it Anyway?
A group of campaigners is seeking
the help of British courts to get the
Koh-i-Noor back to India. Will this
bring to an end a dispute which has
raged for years over the worlds
most precious gem?
By Sajeda Momin in London
74
75
LITANY OF LOOT?
Greece too has been
demanding the return
of the Parthenon
marbles from British
Museum
76
SPOILS OF WAR
Believed to have been mined from the Kollur
Mine in Guntur district of Andhra Pradesh
sometime during the 13th century reign of
the Kakatiya dynasty, the diamond was said
to have been installed in a temple of a goddess as her eye. From the early 14th century,
the diamond became one of the spoils of war
for various conquering armies. From the
Khilji dynasty to the succeeding dynasties of
the Delhi Sultanate, the diamond was passed
77
CAMPUS UPDATE
NO I
HOLDS
BARRED
Interpretation of Sedition
AJITH PILLAI
49
Liberated sex wo
JUSTICE N CHAPALGAONKER
RAMESH MENON:
52
alegal volunteers
N L EGAL
E
L NDIA
INDIAL EGAL
NDIA L EGA I
CORRUPTION BEH
lonline.com
www.indialega
RAMESH MENON
www.indialegalonline.com
`100
`100
42
2015
October 31,
www.indialega
November
15, 2015
lonline.com
`100
NT
THAT COU
STORIES
BIHAR ELECTIONS
LITICS
MEAT PO
RAISING
THE
STAKES
HWAR,
INDERJIT BAD
AI,
AJITH PILLNKA
R,
KALYANI SHATNA
GAR:
BHA
ESH
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s of the
In-depth analysi
l, ethical,
legal, politicaens
ions of
religious dimban 22
beef
STORIES
Moditvas
ditvas
Diminishing
minishing
Returns
urns
NJAC
Justice
Jagdish S Khehar
Justice
Kurian Joseph
Exclus
lusive details and
Indias hottes
lysis of
t judicial conana
troversy 12
By Kalyani Shankar
Modis Freakonomics
By Ajith Pillai
Special colu
mn
IURP-XVWLFH
Pracharak or PM?
By Inderjit Badhwar
Justice
Adarsh K Goel
NAR
CHAPALG ENDRA
AONKER
20
Justice
J Chelameswar
VIPIN
PUBBY
Defamation
turbulence
42
MEENA
TAHIR
MENON
MAHMOD
Haji Ali
ute 50
Is Muslim
law Disp
personal
still valid?
58
THAT COU
NT
Your Lordships,
We be
b g to differ
VIPIN
PUBBY:
PLUS:
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Identity
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Scrap 3-ye
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Ram Rah
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Gurmeet
z
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Insan: Relig
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Jurisdicti
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Italian Mar
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war 66
BIKRAM
VOHRA:
Air travails
of the
disabled 64
RK MISRA:
Wanting a
Womb 26
VIPIN
R RAMASUBRAMANIAN:
PUBBY:
Bad blood in
6WDWHVRIIHU
Madras HC 42
largesse
to
ODZRIFHUV
30
Justice
Madan B Lokur
SHOBHA
JOHN:
KALYANI
SHANKAR:
PAPIA
New
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Santharar
SAMAJD
guideline
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Maharas
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38
58
Term (Years)
No. of Issues
% Saving
1 Year
24 Issues
2,400/-
1,200/-
1,200/-
50%
2 Years
48 Issues
4,800/-
1,920/-
2,880/-
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78
CTa\bR^]SXcX^]bP__[h?[TPbT_a^eXSTdb#fTTZbc^bcPach^dabdQbRaX_cX^]
IT OUT
About 78, 800 bank employees,
including 37,000 officers, will be
retiring in the next one year.
The electricity bill of Indian
Railways is around `12,500 crore
and has been increasing at the rate
of 5 percent a year.
The Indian Railways is the
backbone of long distance public
transport in the country. It daily
carries over 2 crore passengers.
India has 712 universities,
37,204 colleges, 30 million
students and 1.3 million teachers.
The total number of pending court
cases in India is 32,336,744. At least
1,598 PILs are pending in the
Supreme Court, the oldest having
been filed 23 years ago.
38 percent of police complaints
relate to economic offenses.
India has only 11 judges for every
10 lakh people (US has 107).
During January-June 2015,
Santhara, the Jain practice of
dietary abstinence leading to
death, was chosen by 118 people to
end their life.
Air India has 1,400 pilots, including 650 in the commander category.
There is only one doctor for
every 1,700 people in the country,
which has 54,348 seats in medical
colleges.
Y
L
D
R
O
W ISE
1. To cut a dash
A: To injure
B: To impress
C: To succeed
D: To fail
2. Look sharp!
A: See for yourself!
B: Get ready!
C: Dont pretend!
D. Be quick!
3. Dead men
A: Martyrs
B: Discarded boxes
C: Fake coins
D: Empty bottles
4. Jim-jams
A: Money
B: Depression
C: Children
D: Utensils
5. To skedaddle
A: To depart quickly
B: To cheat
C: To slip
D: To collide
6. Moxie
A: Sleeping pill
B: Big taxi
C: Courage
D: Maternal aunt
7. To step on the gas
A: To hurry
B: To streamline
C: To run away
D: To take risk
8. The witching hour
A: Sunrise
B: Midnight
C: Prayer time
D: Hour before death
9. Grotty
A: Gruesome
B: Miserly
C: Strong
D: Unpleasant
10. On with the motley!
A: Join the crowd!
B: Lets begin!
C: Run!
D: Start dancing!
11. To stump up
A: To stun
B: To mess up
C: To pay
D: To ruin
12. Scuttlebutt
A: Thief
B: Poor joke
C: Taunt
D: Gossip
13. Motormouth
A: Nagging wife
B: Constant talker
C: Politician
D: Bad singer
14. Catechist
A: Religious teacher
B: Copywriter
C: Opportunist
D: Social activist
15. Frugivore
A: Man eater
B: Hunter
C: Hunger striker
D: Fruit eater
16. Killing of son
A: Fratricide
B: Filicide
C: Sororicide
D: Progenicide
17. To spin a long yarn
A: To work hard
B: To work overtime
C: To exaggerate
D: To mesmerize
18. Put a sock in it!
A: Act fast!
B: Clean it!
C: Go away!
D: Shut up!
19. To shuffle off this
mortal coil
A: To die
B: To forget
C: To forgive
D: To settle
20. To penelopize
A: To advise
B: To boast
C: To procrastinate
D: To feign ignorance
ANSWERS
1. To impress
2. Be quick!
3. Empty bottles
4. Depression
5. To depart quickly
6. Courage
7. To hurry
8. Midnight
9. Unpleasant
10. Lets begin!
11. To pay
12.Gossip
13. Constant talker
14. Religious teacher
15. Fruit eater
16. Filicide
17. To exaggerate
18. Shut up!
19. To die
20. To feign ignorance
FIGURE
SCORES
0 to 7 correctYou
need to do this more
often.
8 to 12 correctGood,
get the scrabble
board out.
Above 12Bravo!
Keep it up!
textdoctor2@gmail.com
80
81
BACK-BREAKING
ROUTINE
Laila, 8, works at a
brick-making factory
outside Kabul
NOT A BED OF ROSES
Young marigold sellers in New Delhi eagerly
await customers
LEARNING TO COPE
A mother with a
mentally challenged
child at Bengalurus
Asha School for
Development
Disabilities
82
LITTLE SAVIOR
A boy salvages
recyclables from
a fire that killed
two and rendered
500 families
homeless in
Malabon, Manila
Compiled by
Kh Manglembi Devi
Photos: UNI