Professional Documents
Culture Documents
60
34
NDIA
EGAL
I L
www.indialegalonline.com
i
`100
YAKUB
SHOULD
WE
SHOOT THE
MESSENGERS?
ALSO
What price witness protection?
Ajith Pillai talks to lawyers, judges, cops
Pachauris
ignoble
exit from
TERI
38
Ramesh
Menon tells
you how to
make an
online will
and rest in
peace 63
DEFAMATION LAW:
Strange bedfellows 28
16
INDERJIT BADHWAR
WITNESS TO
TERROR
his editorial is not about the pros and cons
of the death penalty. There are legal luminaries, some of the best in India who have,
during this century and the previous one,
debated themselves hoarse on the efficacy,
ethics and morality of this primeval lethal approach
to deter and prevent social and political crimes and
enforce obeisance. Perhaps one of the sharpest
brains on this subject is Dr Surya Deva, associate
professor of law, City University of Hong Kong, who
held forth with luminous erudition at a seminar on
Indian Supreme Court on Death Penalty: The Hero,
or Not So Hero?
He dealtbased on copious and painstaking
research and without casting any aspersions on its
integrity or motiveswith the approach taken by the
Indian Supreme Court in handing down death sentences, based on it having accepted, in principle, the
standard that capital punishment should be meted
out in the rarest of the rare cases. The eminent professors discussion was a scholarly critique of judicial
decision-making of the apex court and whether it
had been consistent in its approach.
This subject has relevance to the Yakub Memon
case because it threw up a startling new dimension to
the use of the death penalty as a whole. Should
rarest of the rare be the only criterion for sending a
man to the gallows or do other mitigating norms
perhaps not even falling within the definition of pure
law and jurisprudenceplay a role in determining
the fate of a criminal?
Most thinking peopleat least those who lead
their daily lives based on a concern for other human
beings and the welfare of society in general, rather
than driven by blind hatred and paranoiabelieve
that the rule of law must never be colored by political
considerations, intimidation, misplaced sentimentality or the demands of lynch mobs. Most controversial cases which kindle national-level, high-decibel
slanging matchesand the Memon case is one of
themare the real agni pariksha of our judges and
judicial system. These are the occasions when they
must stand up and be counted and, no matter what
their point of view, make themselves heard loudly
and clearly with the voice of reason and fair play as
their strongest weapon.
attention to the Law Commissions recommendations on the subject or to these famous lines penned
by Justice HK Sema in the K Anbazhagan vs Supdt
of Police, (2004) 3 SCC 767] case:
Free and fair trial is sine qua non of Article 21 of
the Constitution. It is trite law that justice should not
only be done but it should be seen to have been done.
If the criminal trial is not free and fair and not free
from bias, judicial fairness and the criminal justice
system would be at stake shaking the confidence
of the public in the system and woe would be the rule
of law.
In the Best Bakery Case, the Supreme Court reiterated that the state has a definite role to play in protecting the witnesses so as to avert the trial getting
derailed and the truth becoming a mere casualty, to
start with at least in sensitive cases involving those in
power, those who have political patronage and those
who could wield muscle and money power. As a protector of its citizens, the State has to ensure that during a trial, the witness safely deposes without any
fear of being haunted by those against whom he
wishes to depose, a leading law journal recently
commented.
Thats not a very complicated argument. Nor is it
easy to disagree with. We may never get to knowfor
national security reasonsthe details given to our
intelligence agencies by Yakub. But we need to establish even posthumouslyfor the sake of historical
veracitythe role he played in helping unearth
Pakistans trail of terror.
WATERSHED
MOMENT
The Mumbai blasts of
1993 that followed
widespread riots
changed the city
forever
editor@indialegalonline.com
INDIA LEGAL August 15, 2015
ISSUE. 23
Editor
Inderjit Badhwar
Managing Editor
Ramesh Menon
Deputy Managing Editor
Shobha John
Executive Editor
Ajith Pillai
Business Editor
Shantanu Guha Ray
PROBE
Political Editor
Bhavdeep Kang
Associate Editor
Meha Mathur
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
POLITICS
Tug of war?
LEAD
Trust deficit
16
Vice-President (Ad-Sales)
Vivek Mittal-09810265619
A million-dollar headache
The newly crowned Mysore maharaja, Boston-educated
Yaduveer Urs, has inherited huge properties along with
numerous litigations, reports IMRAN QURESHI
LEGAL EYE
CFO
Anand Raj Singh
VP (HR & General Administration)
Lokesh C Sharma
Circulation Manager
RS Tiwari
38
FOCUS
PROFILE
Indomitable Salian
Special public prosecutor for Maharashtra, Rohini Salian, refuses to toe
the line of the NIA in the Malegaon blasts case. SHANTANU GUHA RAY
describes her steadfastness in bringing justice to the nine who were
falsely charge-sheeted and arrested
41
Fretting of farmers
44
Kashmirs flooding
28
34
AASHA KHOSA
writes that torrential
rains and repeated
flooding of Kashmir
Valley have played
havoc with the
states economy,
making vegetables
costly and ruining
the carpet industry
PROPERTY
52
60
63
Concrete proposals
66
70
HUMAN RIGHTS
Dance therapy
74
They are educated and have the wherewithal to buy a home. Yet,
many Muslims are finding the doors shut on their faces. This,
says SABIHA FARHAT, is the biggest cause of ghettoization
56
REGULARS
VOLUME. VIII
Edit................................................................................4
Ringside........................................................................8
Quote-Unquote.............................................................9
Supreme Court............................................................10
Courts......................................................................... 12
National Briefs.............................................................14
International Briefs.......................................................78
Is That Legal............................................................... 80
Wordly Wise.................................................................81
People......................................................................... 82
QUOTE-UNQUOTE
Even if my husband
does anything wrong,
he too will not be
spared.
AIADMK MP R Sundaram, on
queries from the opposition
about Jayalalithaas health, in
The Indian Express
VERDICT
The best way to get a bad law repealed is to enforce
it strictly.
Abraham Lincoln
SUPREME COURT
No reservation
for Jats
Drug pricing
criticized
inding fault with the center over its
pricing policy of essential drugs, the
apex court observed that life-saving
medicines were not reaching the poor due
to skyrocketing prices, aggravating
their misery.
It was hearing a petition of All India
Drug Action Network, an NGO, against the
F
10
Take steps on
illegal migrants
Checking the
ordinance route
aking cognizance of a petition filed by a group of farmers NGOs that questioned
the Modi governments move to
bring in the land acquisition law
through the ordinance route, the
Supreme Court asked the center
to submit its response within four
weeks. The petition alleged that
the center was trying to impose
laws on the nation through ordinances by ignoring parliament.
The court wanted to find out
whether the constitution allowed
the government to re-promulgate
the land acquisition ordinance.
The petition pointed out that
the government was throwing
constitutional norms to the wind
by going for ordinance raj.
It held that only parliament
had the power to make laws, and
the land acquisition law was repromulgated three times by the
center. This was after it was first
promulgated in December last
year, without getting the
go-ahead from parliament.
The petition alleged that the
center was not even bothered that
it had been issued a notice on the
issue by the apex court in April
this year.
11
COURTS
Shoddy affidavits
12
13
NATIONAL BRIEFS
BCCI to appeal
in high court
THE BOARD of Control for Cricket in
India (BCCI) has hinted it could appeal to
the high court against the recent decision
of a lower court in Delhi, exonerating
tainted cricketers. BCCI president Jagmohan Dalmiya, it is reliably learnt, has indicated that the cricket board could appeal to
the high court to challenge the lower
court's decision.
Dalmiya has told board secretary Anurag Thakur that the move was necessary
for the Boards image and also its ability to
manage corruption in the game. BCCI has
asked former Delhi Police Commissioner
Neeraj Kumar, now part of the Boards
14
Poor get
punished, rich
escape
No. HCM.II/109/2015/1819 _ Applications in the prescribed format are hereby invited from citizen of India
as defined under Article 5 of the Constitution of India as prescribed under schedule F(C)(1)(a) of Meghalaya
Judicial Service (Amendment) Rules 2007 and Meghalaya Judicial Service (Amendment) Rules 2012, to fill 7
(Seven) vacant posts ( 3 posts reserved for Schedule Caste & Schedule Tribe & 4 posts for General Category)
in Grade II of Meghalaya Judicial Service in the scale of pay of Rs. 39,530-920-40450-1080-49090-1230-54010/pm. plus other allowances as admissible under the Rules from time to time. Applicant must be a graduate in
law having not less than 5 years of practice as an Advocate in the Courts of Civil and Criminal jurisdiction,
who are not less than 30 years and not more than 45 years of age in case of General category and 48
years in ase of candidates belonging to Schedule Caste and Schedule Tribes as on the last date of filing
the application. The applicant must have the knowledge of Khasi, Jaintia and Garo language.
The application complete in all respects should reach the office of the Registrar General, High Court
of Meghalaya on or before 27th August, 2015. Belated and incomplete applications will not be entertained.
Attested copies of certificate of proof of his/her educational qualification, Bar Councils registration, age
and practice certificate along with 2 (Two) copies of recent passport size photograph duly attested, accompanied with a Demand Draft of Rs. 500/-(Five Hundred) only for general candidates, Rs. 250 (Two Hundred
Fifty) only in the case of SC/ST candidates from a Scheduled Bank drawn in favour of Registrar General,
High Court of Meghalaya payable at Shillong should be submitted.
The written test/viva voce test and all other conditions for appointment shall be as per the Rules laid down
in Meghalaya Judicial Service Rules (As Amended). The candidates shall have to appear in the written test /
examination and interview at their own expenses as and when called for.
Application forms and syllabus may be downloaded from the official website of this High Court (meghalayahighcourt.nic.in).
General Information :
1. Please attached attested copies of certificates, two (2) recent passport size photograph along with a self
address stamped envelop.
2. The last date for submission of application will be on the 27th August 2015 during office hours at the
office of High Court of Meghalaya at Shillong. Applications received after the last date of submission due
to postal delay or any other reason will be summarily rejected.
3. The last date for submission of application, shall also be the date of determining the eligi bility criteria
of the Candidates for the posts.
4. No. TA/DA shall be paid to the application for attending the examination and personal interview.
5. Incomplete Application shall be rejected.
6. For further details, the Registry of the High Court of Meghalaya may be contacted during office hours.
Honble the Chief Justice reserves the right to relax any conditions mentioned in this Advertisement.
By Order,etc.
Sd/-
REGISTRAR
A
BREACH
OF
TRUST?
Getty Images
16
QUESTION OF
FAIRNESS
B Raman, head of the
counter-terrorism division
of RAW, had revealed in
an article for Rediff.com
how Yakub had
surrendered
because of the publication of a column written by the late B Raman, who headed the
counter-terrorism division of the Research
and Analysis Wing (RAW), Indias external
intelligence agency, when Yakub Memon had
been persuaded to surrender in 1994. Raman
had penned his revelations in 2007 and submitted it to news portal rediff.com after the
TADA court had pronounced Yakubs death
sentence. However, Raman requested the
website to withhold publishing his views
since others might escape as a result of this
article if the higher court holds that the
entire case has been vitiated as a result of the
prosecution concealing a material fact from
the sentencing court. On July 24, rediff.com
printed Ramans column posthumously and
it kicked up a storm.
What comes through from Ramans column was a rumor that did the rounds among
crime reporters in Mumbai when the police
dramatically announced that Yakub had been
arrested at Old Delhi Railway Station in
January 1994. It was then said that the police
had worked out a deal and that Yakub was
promised a lenient punishment if he cooperated with the investigations. Ramans revelations more or less confirm this.
According to him, Yakub, who had fled
with other members of the Memon family
There is no
infirmity in the
procedure
followed by
TADA court in
issuing the
death warrants
on April 30 and
scheduling the
execution for
July 30.
The issuance of
death warrants
cannot be
faulted.
Supreme Court,
upholding death
sentence for Yakub
Memon on July 29
17
Getty Images
reputation, confirms that the entire operation was coordinated by me. According to
him, the then prime minister, Narasimha
Rao, was also kept in the loop.
Crucially, Raman goes on to say: The
cooperation of Yakub with the investigating
agencies after he was picked up informally in
Kathmandu and his role in persuading some
other members of the family to come out of
Pakistan and surrender constitute, in my
view, a strong mitigating circumstance to be
taken into consideration while considering
whether the death penalty should be implemented. In short, Ramans plea was that
Yakub should have been given a lesser penalty than what he was awarded.
18
SEEING REASON
(L-R) Justice Markandey Katju
calls Memons death sentence
a travesty of justice;
Former RAW chief AS Dulat
says theres no reason not to
believe B Ramans claims on
Rediff.com
MORAL SUPPORT
Ever since the column became public, politicians, from BJPs Shatrughan Sinha to
Congress Mani Shankar Aiyar and CPMs
Sitaram Yechury, have pleaded for a re-look
at Yakubs sentence. Former Supreme Court
judge HS Bedi has suggested that the court
should take suo moto cognizance of Ramans
column, while another former justice of the
apex court, Markandey Katju, has said that
there was gross travesty of justice in Yakub
INDIA LEGAL August 15, 2015
19
20
2015: April 9
SC nixes the review petition of Yakub
2015: April 29
Special court in Mumbai
fixes July 30 as execution day
2015: July 21
SC rejects Yakubs
curative petition. Yakub
sends his mercy appeal
to the governor
2015: July 23-29
Yakub moves SC seeking stay of execution.
Two-judge bench split,
refers it to CJI for consulting a larger bench,
which dismisses plea.
2015: July 29-30
Yakub files a fresh
mercy petition before
president and Maharashtra governor.
Governor rejects petition. President takes
close look at case,
seeks opinion of legal
and constitutional
experts. Finally, goes by
advice of home ministry
and rejects it
2015: July 30
Lawyers knock CJI HL
Dattus doors in the
middle of the night, convince him that the matter
needed one last hearing
2015: June 30
(3.16 am-4.16 am)
In one of the rare hearings in the apex courts
history, a three-judge SC
bench headed by
Justice Dipak Mishra
meets again in SC.
Yakubs lawyers plead
that he could not be
hanged at least
for 14 days after his
mercy plea was rejected
by the president, as
per SC guidelines. But
the bench stands by its
earlier judgment and
rejects the petition
2015: July 30
(6.43 am):
Memon hanged
21
UNI
Eliminating
Witnesses
MYSTERY DEATHS
(Clockwise from top) Anshul
Sachan, Pramod Sharma,
Akshay Singh and Namrata
Damor have lost their lives
in the Vyapam scam
22
CONCURRING VIEW
(L-R) Former Supreme
Court judge Justice Arijit
Pasayat and former chief
justice of India VN
Khare want a witness
protection program
23
24
FAVOURING
THE GUILTY
(Above and below) The
star witness in the Best
Bakery case, Zahira
Sheikh, turned hostile
leading to acquital of
the accused
25
WAKE-UP CALL
(L-R) Nitish Katara and
Jessica Lall cases forced
the Delhi government to
pitch for a witness
protection scheme
26
several years, making it easy for vested interests to persuade the witness to back off.
According to one lawyer, the entire business
of coming to court becomes long-drawn and
the witness becomes tired of this interfering
with his normal life.
Some police officials believe a system
must be evolved by which the statement of
the witness is secured and cross-examination is completed within reasonable time
after the statement is recorded.
he
Fourth
National
Police
Commission report touches upon the
trauma of a witness by quoting an
input sent to it by a senior district and sessions judge: A prisoner suffers from some
act or omission but a witness suffers for no
fault of his own. All his troubles arise because
he is unfortunate enough to be on the spot
when the crime is being committed and at
the same time foolish enough to remain
there till the arrival of the police.
Whats worse is that witnesses are not
even suitably compensated for the trouble
they take to obey court summons. Grover
says that the procedure for claiming even
travel allowance is cumbersome. The concept of paying for the travel of the witness
does not exist among prosecutors or the
police. It is presumed that those coming to
court will fend for themselves or will be
brought by the police or vested interests.
Former CBI director Joginder Singh told
India Legal that the treatment meted out to
witnesses is pathetic and a new law is
FOCUS/ Defamation
Watch your
WORDS!
Politicians and journos have often
been at the receiving end of
defamation laws. A case in the
Supreme Court hopes to limit the
potential of this legal weapon, which can
be used to curb free speech
By Venkatasubramanian V
28
The media
enjoys freedom
of speech and
expression
under the
constitution. But
a journalist has
no special
status under
defamation laws
in India.
29
FOCUS/ Defamation
BJP leader
Subramanian
Swamy (right)
challenged the
constitutionality of
legal provisions
making defamation
a criminal offense.
He is now joined
by 24 others,
including Rahul
Gandhi and
Arvind Kejriwal.
NO RIGHT
TO CRITICIZE
Swamy contends that
critics are turned into
criminals under the
current defamation laws
Photos: UNI
30
real danger is critics are turned into criminals and this will chill robust public debate
due to fear of arrest and the social odium
from criminal prosecution. If a law impacts
in this way for lack of access to adequate evidence that is fit for a court, then it erodes
Article 19(1)(a) unreasonably. Section 499,
by requiring good faith in criticism of public
officials, diluted Article 19(1)(a) unreasonably, he explained.
LEGAL BATTLE
(L-R) Both Rahul Gandhi
and Arvind Kejriwal are
fighting defamation
charges against them
in courts
31
FOCUS/ Defamation
THE BATTLELINES
Jayalalithaa has gone
to court against
Subramanian Swamy
and Nitin Gadkari has
slapped a case against
Arvind Kejriwal
32
truth or falsity.
But the Rajagopal case, according to
observers, has led to an imbalance between
criminal and civil defamation. Criminal
defamation, it is pointed out, is more draconian than civil defamation, which was held
inconsistent with free speech.
Under Section 499, the accused must not
simply prove that his statement is truehe
must also prove that it was made in public
interest. As the speaker could not decide this
issue beforehand, it would lead to self-censorship, and chill even legitimate speech,
which was the precise concern that led the
court in the Rajagopal case to modify the civil
law of defamation, according to Gautam
Bhatia, a Supreme Court lawyer assisting one
of the petitioners in the case.
In many countries, criminal defamation
has either been struck down as unconstitutional or diluted with sufficient safeguards to
neutralize the chilling effect.
Criminal prosecution for defamation has
been abolished in the US, Britain, Singapore,
Sri Lanka, Maldives and most of Africa. The
UK decriminalized defamation in 2010 and
enacted Defamation Act, 2013, to strengthen
civil remedies.
The defamation regime in India has certain unique characteristics, not present in
other jurisdictions.
Therefore, the outcome of the case in the
Supreme Court will show how much the
Indian judiciary is willing to borrow from
other countries in order to strengthen its free
speech jurisprudence. IL
I will fight,
I am a fighter
It is rare to find someone as gutsy and irrepressible as Rohini Salian,
Maharashtra special public prosecutor, who claims the NIA asked her to
go soft in the 2006 Malegaon case
By Shantanu Guha Ray
UNHOLY NEXUS
A Malegaon blast site,
where hardliners carried
out the explosion in 2006
EMBARRASSMENT TO NDA
Her accusations are very serious and have
caused embarrassment to the NDA government as they cast a shadow over other
34
35
PEACE DERAILED
The Samjhauta Express
blast caused a big
setback to India-Pakistan
diplomatic efforts
If I had talked
right after the
meeting, it
would have
been disastrous.
I would not have
been able to
collect the
evidence. But I
have managed
it now, it is safe
with me.
Rohini Salian
36
Maharashtra ATS and the CBI to adduce evidence regarding their charge-sheets, before
taking a call on how to push the case further.
But the situation has also turned grim.
Witnesses have turned hostile in two other
blast cases15 in the Ajmer Dargah case and
three in the Samjhauta Express case. In a
third case, the 2008 Modasa explosion, a closure report has been filed.
Salian says it important for everyone to
dissect the case she is fighting. It was on
September 8, 2006, that four bomb explosions rocked Malegaon, killing 31 and injuring 312. Nine Muslim youth were arrested by
the Maharashtra ATS for their alleged
involvement in the blasts.
On December 21, 2006, the ATS filed a
charge-sheet in the special MCOCA court
against the nine accused and four others
on the run.
MANY PROBES
Muslim groups across India raised a hue and
cry, alleging high-handedness by the Maharashtra ATS. Eventually, the CBI took over
the case in July 2007. In its initial investigation, the CBI backed the ATS stand and filed
a charge-sheet against the same accused on
February 11, 2010. Eventually, the case was
handed to the NIA on April 6, 2011.
What is important, claims Salian, is this:
TERROR INC.
Cases handled by NIA
2006: Malegaon blasts
2007: Samjhauta
Express blast case, Mecca
Masjid (Hyderabad) and
Ajmer Sharif blast
2008: Modasa blast
Status of various
cases
15 witnesses turn
hostile in Ajmer blast case
3 witnesses turn hostile
in Samjhauta Express
case
In Modasa case,
closure report filed
Malegaon case
Took place on:
September 8, 2006
Number of bomb
explosions: 4
Number of killed: 31
Number of injured: 312
Those held:: 9 Muslims
The date when Maharashtra ATS file chargesheet in special MCOCA
court: December 21,
2006
Case handed to CBI on:
July 2007
CBI files charge-sheet
against same accused on:
February 11, 2010
Case handed over to
NIA on: April 6, 2011
NIA files supplementary
charge-sheet against four
accused on: May 22,
2013
37
PROBE/ RK Pachauri
Climate
Changes
in
TERI
38
We found that
many who had
complaints of a
similar nature
against Pachauri
were not ready to
come forward
publicly because
of fear that he
would return....I
am told that
women wrote to
the governing
council that they
did not feel safe
with him in
the office.
Prashant Mendiratta,
complainants lawyer
39
PROBE/ RK Pachauri
HE Modi government is
sending out contradictory signals with respect to
globalization. The prime
minister seems to be in
perpetual courtship with
global capital. His government is clear that global capital and
industry have a role to play in creating the
millions of jobs promised during the 2014
election campaign. Yet, Nirmala Sitharaman,
commerce and industry minister, confirmed
that the governments opposition to foreign
direct investment (FDI) in the branded retail
sector has not wavered.
Jagdish Bhagwati, an eloquent exponent
of the Modi government, has said he expects
the government to reverse its opposition to
FDI in branded retail. Bhagwati has said the
government will change track as soon as it
consolidates adequate outside support to
overlook the concerns of the petty bourgeoisie, a loyal constituency of the BJP, which
is opposed to FDI in retail.
Anil Shakya
TOUGH CALL
(L-R) Members of the
governing council Kiran
Mazumdar Shaw of
Biocon, Naina Lal Kidwai
of HSBC Holdings and
Deepak Parekh of HDFC
40
attempts by Pachauri to foster personal relationships with employees amounted to violation of the prevention of sexual harassment
policy. In its 33-page report released in May,
it recommended that disciplinary action be
taken against him and that he should compensate the victim for the torture she had
gone through. It noted that her health had
seriously deteriorated because of the consequent stress and trauma and she even had to
resort to counseling. The committee had
examined 30 witnesses who deposed for
Pachauri, apart from 19 who deposed for the
complainant.
Pachauri then approached the Industrial
Labor Tribunal, praying that the recommendations of the ICC be stayed as he had been
denied the principles of natural justice. It
was stayed, but a judgment on it is yet to be
given. The next hearing is in September.
The committee said that it was under
pressure from certain individuals within the
organization.
Though the complainant was transferred
to Gurgaon in May, she did not join as
Pachauri continued as D-G and work given
to her was different and not suited to the
REALPOLITIK
Modi has no
option but to
woo the West
despite
ideological
compulsions
UNI
FDI IN RETAIL
However, the issue may be more complicated
than a problem of trading one support group
for another. The case of FDI in retail is one
example of a larger trend. The Hindu nationalism movements economic philosophy
sometimes clashes with the economic policies of the ruling BJP government.
Philosophy reflects the core thoughts of
an organization, while policy refers to day-today directives. Philosophy, like strategy, is
more stable, while policies, like tactics, can
vary as per the exigency of the moment.
INDIA LEGAL August 15, 2015
41
ON THE WAY?
(Right) It is a
matter of time
before big
retailers like
Walmart do
business in India
(Below) Many
traders, the
BJPs support
base, are
opposed to FDI
in retail
42
STRONG NATION-STATE
The tensions began in the term of the first
national BJP government, under PM Atal
Bihari Vajpayee, which sometimes acted
against the principles of cultural capitalism
and embraced globalization for political reasons. As the BJP broadened its electoral base
in the late nineties, it started strongly identifying a loyal voter in the middle class. Many
of BJPs new voters, while not identifying
with all aspects of Hindutva, agreed with
BJPs vision of a strong nation-state. These
voters expected that a strong state had to be
a wealth-creating one, which built the infrastructure necessary for economic growth.
The party realized the need to demonstrate
support for globalization and global capital
because domestic savings were inadequate
CONTRADICTORY
SIGNALS?
(Left) Commerce and
Industry Minister
Nirmala Sitharaman
confirms that the
center is still averse
to FDI
Photos:UNI
43
NO
TEEING
OFF
HERE
Fact File
Total land area of Tiracol village:
13,84,000 sq m
Area occupied by the village/
residences: 3,15,000 sq m
Land purchased/acquired by
Leading Hotels: 12,18,000 sq m
Total project area of golf course
resort: 9.90,000 sq m
Estimated purchase price: `
44
33 cr
FACING THE
HEAT
Mandrem
constituency
CM Laxmikant
Parsikar had
supported the
project earlier
3,31, 854 sq m
Permissible floor area ratio:
40,000 sq m
PANJIM
FIGHTING BACK
CRISIS POINTS
Zuari river
Nauxim villages
Sancoale
GOA
The company had been pursuing land purchase from 2006-2011, and had received as
many as 18 permits from various government
bodies, including the CRZ clearance in
December 2014, when a series of major legal
challenges filed by villagers and tenants hit
the project.
SERIOUS CHARGES
Two cases are before the Bombay High
Courts Goa Bench and one is being argued
before the National Green Tribunal. Two of
the cases make serious charges of fraud and
malafides in the manner in which the government and administrative bodies issued
permissions to the company.
More seriously, the petition before the
Bombay High Court wants the sale deed
quashed as it resulted in the transfer and
conversion of allegedly tenanted agricultural
land. This is against the provisions of the Goa
Daman and Diu Agricultural Tenancy Act,
1964; the Goa Land Use Act, 1991, and the
45
media that his hands were tied as the government had already accepted money to have
the land converted.
Incidentally, this project is located in
Parsekars Mandrem constituency. He had
openly supported the project and welcomed
the employment it would bring to the region.
He went on to say that five other major hotel
projects would come up in his northern
Pernem taluk, site for a contentious `3,000
crore greenfield second airport at Mopa. As
land values escalate in the area, landowners,
in particular feudal families that were given
thousands of acres in perpetual lease by erstwhile Portuguese colonialists, have reason to
celebrate. They see in it an opportunity to
monetize lands locked in tenancy claims.
Tiracol is one such instance. Almost the
entire village was granted in perpetual lease
in 1869 to Naguesh Shet Khalap after the
Portuguese got the scenic promontory from
the Raja of Sawantwadi. On one strategic
outcrop sits the historic Tiracol Fort (converted to a hotel by Goa Tourism). The
remainder supports cashew and paddy cultivation, both somewhat diminished, as the 50
Christian families there set up restaurants,
bars and rooms for tourists.
COMMERICIAL
INTERESTS
The historical
Tiracol Fort has
been converted to
a hotel by Goa
Tourism
Goa Foundation to implead the village panchayat and the original landlords in the case.
Matters came to a head in May 2015,
when Leading Hotels commenced work on
the land and brought in 50 bouncers, triggering a face-off that inflamed passions. Goa is
uber sensitive to the speedy loss of agricultural, forest and other land to moneyed people from major metros.
Under media focus, Tiracols golf course
project has now become a metaphor for
everything that has gone wrong with Goas
failed statehood. Like: loss of land, eviction
of local inhabitants, mega projects, including
an international luxury hotel chain and corralling of village residences into down-market and gated spaces.
HANDS TIED
These protests have spiraled out of control.
On June 2, hundreds of people drove to Goas
northernmost border village in solidarity
with the 50 tenant families residing there. It
put Parsekar on the back foot. But he told
46
FRAUDULENT SALES?
Trouble began when the landowner (successors of Naguesh Shet Khalap) sold a large
portion of land to Magus Estates and Hotels
in 2006, followed by more sales in 2007,
2008 and 2010. A green NGO, Goa
Foundation, and the Tiracol St Anthonys
Mundkar and Tenants Association swung
into action. In their petition, they elaborated
on the modus operandi used to alienate tenanted land. This involved tenants declaring
their claims as erroneous (negative declarations), facilitating a sale from the original
landowner to the third party buyer.
Arguing that since further permits were
based on this alleged fraud, Goa Foundation
sought quashing of the permissions which
the company had acquired, including okays
to convert the land from agricultural use to
eco tourism. It also sought a CBI inquiry into
the transfer of all Tiracol land after 2006 and
into all transactions involving alienation/sale
of tenanted, agricultural land in the state in
QUESTIONABLE LAND
TRANSFER
Goa Foundation has
sought a CBI inquiry into
the transfer of Tiracol land
If this process
(of large-scale
diversion of
agricultural
tenanted land) is
not arrested, then
all tenanted
agricultural land in
Goa will meet a
similar fate.
Claude Alvares,
secretary,
Goa Foundation
47
A third petition by the Foundation questions the environmental soundness of a ` 77crore long span bridge being built by a government agency in the no-development
zone of a highly protected CRZ beach.
The National Green Tribunal has stayed pier
work on both sides of the river until an expert
committee examines the ecological
issues raised.
The Congress and the BJP are locked in a
war of words over the project. Accused by the
BJP of taking money to facilitate clearances
while it was in power before the 2012 assembly electionsthe Congress is now demanding the BJP scrap all permissions.
ECO CONCERNS
A long span
bridge is being
constructed over a
no-development zone
case to have his name included as having tenancy rights through succession. Though
some of his relatives signed the papers, under
succession laws, deals cannot go through
unless all heirs are signatories to the same.
CLOSE TIES
Our ancestors have lived here for 200 years.
I have grown up here. Some of us have purchase certificates, buying the land in the mid
90s. The landlord has challenged these after
17 years, (on grounds they were ex-parte
orders) says local panchayat representative
Francis Rodrigues. He says the companys
first plan was a development plan over 35
years, which pushed the residential area to
one side. The second amended master plan
gives around one lakh sq m for the village to
reside ina move the company says was
offered to maintain goodwill.
With documents obtained through RTI,
Tiracol residents and Goa Foundation challenged the golf courses various permissions,
and raised several environmental issues.
These included harm to the biodiversity of
the ocean-facing plateau, leading to loss of
habitat in the river. Other contested issues
included applications to fell 1,966 trees, no
hearing prior to granting permits, manipulation of consents and disputes over private
forests areas within the project area.
48
NEW AMENDMENTS
Independent legislator Vijai Sardessai accuses the BJP government of passing amendments in 2014 to the Goa Agricultural
Tenancy Act to help golf course proponents
skirt around thorny tenancy issues. The BJP
government had passed amendments introducing a clause to file tenancy applications
before civil court jurisdiction from the more
tenant-friendly mamlatdars (officer in executive charge of a taluka) courts.
Meanwhile, the company says it is continuing work in areas its permits allow, since it
has all permissions and no contrary order to
the same as yet. Its plans include a standard
golf course and luxury villas, besides CSR
plans to beautify village residences as a typical Goan village. Pernems opposition politician and former union minister Ramakant
Khalap describes locating of the village
within a gated complex similar to displaying a live village as in a zoo. This is the sad
state we are reducing Goa to, he laments.
Still, the company successfully bid for
central government grants to set up the golf
course after the Goa Tourism department
floated expressions of interest in 2011 for the
eco-tourism project. The tourism industry
has always been keen on a world class golf
course to attract tourists and keep up with its
South East Asian competitors. Tourism
stakeholders, though, refused to comment on
the legal issues surrounding the project.
Though the government is facilitating the
project, ultimately, these issues will determine if the project tees off. IL
LAND GREED
Essar Power requires
the land to build a
corridor to move coal
stocks
The court
restrained Essar
Power Ltd and
the state
government
from taking
possession of the
agricultural land
till the next date
of listing. It said
the respondent
shall not interfere
in peaceful
enjoyment of the
petitioners land.
49
RESPONSE FEATURE
NEW STRIDES IN
DEVELOPMENT
50
51
WITHERING AWAY
Pink flowers of the
cherry tree
52
RISING PRICES
The ordinary Kashmiri continues to bear the
brunt of the floods even today and is struggling to cope with exorbitant prices of essential commodities and vegetables. Ever since
the flood waters receded, haakh, a leafy vegetable, belonging to the mustard family and a
staple dish in Kashmir, has become highly
prized at `80 a kilo.
Haakh is just not a vegetable, but a symbol of frugality and simplicity of life in
Kashmir, akin to coconuts for Malayalees
and lentils for North Indians. No meal is considered complete without it.
I wonder why I should buy haakh at such
an exorbitant price when I can get 250 gm of
MAN-MADE DISASTER
The September floods
have impacted normal life
in Kashmir
The drainage
system is
clogged and
natural sponges
for absorbing
heavy rains are
dead. Kashmir
will continue
to face
water-logging
for a very
long time.
Dr MRD
Kundanghar, a
scientist who headed
the Dal lake
restoration project
53
54
CHILDREN AFFECTED
With July being monsoon time, schoolchildren too face hardship. After a prolonged
vacation, children have gone back to floodaffected, damp school buildings. One wonders how much it would affect their health,
says Jameel Andrabi, a former politician.
For businessmen, the loss has been
irreparable. Ashok Bhat, who used to supply
carpets to retailers in the Valley, says he lost a
huge sum of money that retailers owed him.
Business runs on trustwe supply the stuff
and they make the payment afterwards.
I lost nearly `one crore in the floods as
almost every creditor claimed he had lost
carpets in the floods.he said. Knowing well
that no insurance or relief would cover his
losses, Bhat has shut down the Kashmir part
of his business.
Photographer Javed, who lives uptown,
says: Going to Lal Chowk (the business centre) is depressing and on top of it, there is the
traffic mess. While he avoids going there, he
wonders how long he can do it.
In the meantime, people look up at the
sky for traces of ominous clouds. For that
would spell doom. IL
Where the
Gods Rained
Gold
With the Modi government pushing its gold
monetization scheme for temples, and with
the Supreme Court ordering an audit of the
richest temple in the world, where does that
leave the Travancore royal family?
By Jacob George in
Thiruvananthapuram
56
hogged the limelight in 2011 when a courtordered inventory confirmed that its underground vaults contained huge treasures.
Gold ornaments, vessels and other valuables in five of the six vaults opened by a
committee set up by the Supreme Court are
estimated to be worth more than `one lakh
crore. The sixth vault, which is yet to be
opened, is said to have more than what has
already been discovered.
ASSETS MISMANAGEMENT
It was in 2007 that TP Sundararajan and
Padmanabhan filed a case before Kerala
High Court alleging mismanagement and
misappropriation of the temples assets. On
January 31, 2011, the high court ordered
GOLDEN HUE
(Above and facing page)
The riches of Sree
Padmanabhaswamy
Temple accrue from
centuries of royal
patronage and faith of
the devotees
57
care not to hurt the royal family. The CPM feels the treasure
belongs to the people. The
rationalists too have taken the
same stand.
TRADITIONAL PATH
The temple adheres to its
rituals steadfastly
Gold
ornaments,
vessels and
other valuables
in five of the
six vaults
opened by a
committee set
up by the
Supreme
Court are
estimated to
be worth more
than `1
lakh crore.
58
ROYAL DECREE
Going back in time, Anizham
Thirunal Marthanda Varma,
the first of the Travancore
maharajas, established his rule
in 1729. He declared that only
the government could buy and
sell pepper and other spices.
This fetched him huge revenue,
all in the form of gold coins.
Varma made underground
vaults in the Padmanabhaswamy Temple to keep
them safely. Towards the end of
his reign (1729-1758), he conquered Ambalappuzha, a little kingdom, in
the famous Battle for Ambalappuzha, and
took over all its valuables. He moved them to
vaults in the Padmanabhaswamy Temple. He
then dedicated the Travancore kingdom to
the Sree Padmanabhan deity in 1750 and
declared himself a servant of the deity. He
deposited gold and other valuables that he
had gained in the secret vaults of the temple.
The royal family has served the deity ever
since, with the maharaja heading the temple management. Subsequent rulers ruled
the kingdom for and on behalf of Sree Padmanabhan. After the integration of the
princely state in 1947, the royal rule came to
an end and most major temples in
Travancore, which comprised a large part of
southern Kerala and adjoining parts of Tamil
Nadu, were brought under a Devaswom
Board. But as a special case, control over the
Padmanabhaswamy Temple was not taken
away from the royal family.
PARTIAL MONETIZATION
Meanwhile, the Kerala government is determined to extend all security to protect the
temple, says chief minister Oommen Chandy.
Rahul Eswar, secretary of the Hindu
Parliament (a platform of 108 Hindu organizations brought together with a view to an
59
A Million
Dollar
Headache
Boston-educated Yaduveer
Gopalraj Urs, the new
Maharaja of Mysore, has not
only inherited massive
properties but also a
barrage of litigation
By Imran Qureshi
CROWN OF THORNS?
Yaduveer Gopalraj Urs with Pramodadevi
Wodeyar at his coronation
60
Muhindro Khundrakpam
UNEXPECTED
WINDFALL
Yaduveer has inherited
the Mysore Palace,
besides other
palatial properties
PROBLEMS GALORE
So, why would Yaduveer agree to be adopted
by Pramodadevi Wodeyar, wife of late Srikantadatta Wodeyar, to head a dynasty with so
many problems? Or, for that matter, why
would Chaduranga Kanthraj Urs (son of late
Princess Gayatri Devi, sister of Srikantadatta
Wodeyar) file a partition suit in the court of
the City Civil Judge, Bengaluru, when the
properties have shrunk dramatically over the
years with not much hope of a solution soon?
Kanthraj Urs was chosen to conduct the
61
old sons name. When I and my wife felt traumatic about it, she suggested the name
of Aditya Gurudev, son of Indrakshidevi
(another sister of Srikantadatta). He declined.
Yaduveer became the fourth choice, Urs told
India Legal.
His main grouse is that Pramodadevi
became abruptly hostile when the issue of just
partition among all the co-heirs was raised by
him. Urs point is that the 1984 family deed of
settlement was iniquitous, unfair and unconscionable and is also not binding on the plaintiff as he was a minor at the time. He also
wanted a permanent injunction restraining
Pramodadevi from alienating, encumbering or
otherwise creating a third-party interest in the
properties.
ROYAL GAMES
(Clockwise from top left)
Kanthraj Urs; Pramodadevi
Wodeyar; her deceased
husband Srikantadatta; the last
maharaja Jayachamarajendra
62
LINEAL PRIMOGENITURE
Pramodadevi declined to speak on any of the
issues raised by Urs because she felt it was
subjudice. But her objections in the court
point out that 1984 settlement cannot be
assailed by a grandson through a daughter of
the Mysore Maharaja on the plea that the
terms of the settlement are inequitable. The
estate of Jayachamarajendra Wodeyar is an
impartible estate governed by the rule of lineal primogeniture.
Her basic point is that Jayachamarajendra
Wodeyar had created trusts with substantial
properties in the names of his daughters.
These were still being enjoyed by the children
of the sisters. In addition, Srikantadatta
Wodeyar had also given maintenance to all the
sisters as per the 1984 settlement.
The tussle, therefore, boils down to control
of the existing properties for possible exploitation of resources in future. It is fundamentally
a problem of real estate, says Prof Nanjaraj
Urs, a historian of the Wodeyar dynasty. Hes
right, given the fact that even conservative
estimates put the value of the properties of the
Wodeyar family at hundreds, if not thousands, of crores.
So, Yaduveer has inherited property disputes, whose settlement seems a long way off
as the court is yet to frame the issues in this
civil suit. To a commoner, this would appear
like a game of Russian Roulette, where theres
no harm taking a chance since the stakes
are so high. IL
Amitava Sen
Rest in Peace T
An online will is a new way to secure
your assets and leave your loved ones
trouble-free. Besides being an authentic
document, it is cheaper than paying lawyers
By Ramesh Menon
63
service which made minor changes and finalized it. He then walked into the registrars
office in Mumbai to discover that registration
of the will would cost just `440.
I was amazed to discover that there are
government departments that are so efficient
and courteous. I did not pay any bribe. It was
all done in just 90 minutes. I am so glad I
opted to make a will online, he said.
Writing a will is
a wise decision
that will be
perceived as
wisdom by the
next generation.
Gagan Rai, MD and
CEO, National Securities
Depository Limited
Secure assets
What assets can be covered under the will?
All movable as well as immovable assets, including real estate, fixed
deposits, bank accounts securities, bonds, proceedings of insurance
policies, retirement benefits, art, precious metals like gold and silver,
photographs, sketches, blogs, websites and other digital assets and
Intellectual Property Rights. In short, any asset that the author of the will
has in his ownership at the time of his death can be included.
64
URGENCY OF WILL
Writing a will has become more relevant today
as many families have fractured relationships.
Even corporate families are increasingly
breaking up, unlike the old times when they
bonded together for the sake of business.
Mumbai-based Gokul Das, Managing Director and CEO, Warmond Trustees and Executors Pvt Ltd, says: Writing a will is one of
the most unselfish things you could do for your
loved ones to help them in a critical juncture
of their lives.
Out of many reasons why people dont
make their will in India is lack of awareness.
Others avoid doing it fearing the expense.
Many also delay doing so thinking it is too
early to write one. And, then, death deals a
sudden blow. Many families suffer financially
when the person they depend on suddenly
passes away without making a will. Determining who gets what becomes complicated
and there are invariable fights.
Gagan Rai, Managing Director and CEO of
National Securities Depository Limited, which
is the depository for the equity market in
India, says: Writing a will is a wise decision
that will be perceived as wisdom by the next
generation.
And it has become so much easier to do so.
The online explosion has dramatically
changed our lifestyles, the way we shop, conduct our financial transactions, pay our taxes,
fix our insurance policies and communicate
with each other. Writing an online will is
another new trend punctuating this sphere.
EASY PROCESS
An online will is drafted by registering oneself
on the portal of the company that deals with
online wills. To begin with, you fill in details of
your assets and heirs in a standard format. You
then upload it on the portal. The will is then
Get cracking
Why is it important to write a will?
A will ensures that your interests are taken care of and your dear ones
have a seamless and trouble-free transfer of assets.
It is an authentic document.
If you have not left a will, your wealth will be distributed as per the law. It
may not match with your wishes.
65
OFFICIAL
APATHY
(L-R) Nobody
cares about
recycling or
reusing
C&D waste
in India
66
Unofficial
estimates in
2013 by the
Centre for
Science and
Environment
says India
generated 530
million tons of
Construction
and Demolition
waste.
INDIA LEGAL August 15, 2015
67
HOPE DAWNS
The C&D waste
processing plants
can recycle the
waste generated
68
isposing C&D waste remains a problem. While there are some identified
areas where this waste is dumped,
large-scale illegal dumping happens in landfills, empty plots, catchment areas, low-lying
or marshy places. The waste also finds its way
to river beds, with serious consequences.
There are other environmental concerns
about C&D waste and its disposal. India has
no more land now for creating new landfills.
Moreover, the production processes of some
building materialsuch as Portland Cementcan lead to greenhouse gas emissions.
The mining of minerals is not a sustainable
business and will not be able to support the
construction boom.
So what is the solution? Reuse and recycle
C&D waste and turn it into an asset. But that
is easier said than done. C&D waste finds a
brief mention in the Municipal Solid Waste
Rules notified by the Ministry of Environment
and Forests in 2000. The rules lay the respon-
ENVIRONMENTAL
DISASTER
Rivers like this are
dying a slow death due
to dumping of waste
69
Jailhouse Rock
Madhuparna Banerjee
Sujit Bhar
Take up one idea. Make that one idea your lifethink of it, dream of
it, live on that idea. Let the brain, muscles, nerves, every part of your
body, be full of that idea, and just leave every other idea alone. This is
the way to success, that is the way great spiritual giants are produced.
Swami Vivekananda
70
FTER two hours of fun and play, it was time for threeyear-old Sumi to leave school and head for home.
Ebare bari jete hobe (Now you have to go home),
Alokananda Roy, well-known danseuse and social
reformer, gently told her in her mother tongue, Bengali.
Bari? (Home?) was the little girls surprised query. For her, home is
jail with its high, forbidding walls. She was born there to a mother who
was jailed. How would she know what home is? Not that she knew
Madhuparna Banerjee
RIGHT
BEGINNING
Minister-incharge Haider
Aziz Safwi
inaugurates
the school
71
VIEWS ON NEWS
PROPER ACT
Jail inmates get ready
for the play, Valmiki
Pratibha, in Kolkata
EVERY FORTNIGHT VIEWS ON NEWS WILL BRING YOU TELL-ALL NEWS, ANALYSES AND
OPINION FROM THE SHARPEST INVESTIGATIVE REPORTERS AND MOST INCISIVE MINDS
IN THE NATION
Views On News (VON) is Indias premier fortnightly magazine that covers the wide spectrum
of modern communication loosely known as the media. Its racy, news and analysis oriented
story-telling encompasses current global and Indian developments, trends, future projections
encompassing policy and business drifts, the latest from inside the print and electronic
newsrooms, the exciting developments in ever-expanding digital space, trending matters in
the social media, advertising, entertainment and books.
72
Sectio
S
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VIEWS
nance
Gover
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ENVIROBUNM
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HYGIENE
TO
PPENED
WHAT HA PROMISE?
TOILET
52
NAMOS
com
newsonline.
son
www.view
GLOBAL
ES
OVER BE
48
07,
AUGUST
Sujit Bhar
2015
`50
ns:
Bihar Electio
An ENC Publication
If the media is leaving you behind, stay ahead of it by
picking up yesterdays Views On News!
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UNLECAESDHEINNGTED
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get
State to g
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12
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MURDER RE
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Avirook Se llai analyzes medias
ISING:
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Ajith Pi
NEWS ON
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THE GO gers
Your fin
do the 30
walking
FILMS: h Menon
Rames s
review li
Bahuba
36
of sex
28
SOCIETY/ Muslims/Ghettoization
TRUST FACTOR
The well-to-do Muslims
looking for an upscale
accommodation are
turned away on
flimsy pretexts
NO CHOICE
In Delhi, Muslims are
forced to stay in places
like Batla House, in
Jamia Nagar
Minority
Malaise
The story of traditional Muslims
facing housing problems is an old
one. But now, even educated and
well-travelled Muslims are finding
the door shut in their face.
When will this polarization end?
By Sabiha Farhat
74
Anil Shakya
Anil Shakya
HOUSING ISSUES
A study done by TwoCircles.net, a non-profit
voice for marginalized sections, looked at
membership records of all housing societies
registered in New Delhi from December
2012 to October 2013 to find the percentage
of Muslims in them. There were 1,345 housing societies which had no Muslims, while
544 housing societies had less than 10 percent members as Muslims (See graphic). As
for Muslim dominated societies, there were
31 of them, where Muslims owned 90-100
percent of the houses. So essentially, there
were 1,889 (1,345+544) Hindu-dominated
societies versus 31 Muslim-dominated ones,
showing clearly that society was polarized.
This is a disturbing trend for the future of
plural India, says Kashif-ul-Huda, the founder member of TwoCircles.net.
While poor and economically deprived
Muslims were always at the lower end of the
social ladder and victimized, what is shocking today is that even upwardly mobile, welleducated Muslims like Tabassum are facing
the brunt of this blatant communalism.
75
SOCIETY/ Muslims/Ghettoization
SECOND CLASS
CITIZENS?
Children playing in
the forecourt of
Jama Masjid after
offering namaz
on Eid-ul-Fitr
Perception fallout
UNI
No of housing
societies
1345
544
15
5
1
4
3
4
2
6
31
Percentage of
Muslim members
0
0-10
10-20
20-30
30-40
40-50
50-60
60-70
70-80
80-90
90-100
Source: TwoCircles.net
76
bodies or non-state actors and recommend measures. That is our role. We are
neither implementing any welfare
scheme nor doing any financial intervention; that is done by the ministry. We had
a case in 2013 where a portal called 99
acres put out an advertisement for a
house that had a No Muslims tag. A
petition was filed and a notice issued to
the owners and proprietors of this portal.
They were asked to make some interventions so that the portal was free of such
objectionable and malicious content.
What happens in cases where it is
UNI
77
INTERNATIONAL BRIEFS
Uber approaches
Europes apex court
AFTER A series of bans across Europe,
California-based online ride service provider,
Uber Technologies, has approached the
European Court of Justice (ECJ) to clarify
whether national transportation laws across
the region can be applied to online services.
Earlier, the company requested a Barcelonabased court to refer a similar case to Europes
top court. Uber claimed that outdated rules are
being used to favor already established taxi
companies.The ECJ is to decide whether Uber
is a transportation company or an online infor-
UAE criminalizes
religious intolerance
78
Surveillance law
annulled in the UK
THE UK High Court has ruled against the
emergency surveillance legislation passed
by the government last year, as judges found
it inconsistent with EU law. The litigation was
filed by Labour MP Tom Watson on the
ground that it lacked privacy safeguards. The
act was framed to regulate methods to be
used by investigative agencies to gain
access to communication data provided by
phone and internet companies.
Judges found two errors in the lawit did
not stress on the establishment of an authority which would ensure that only necessary
information is being examined. Two, there
was no definition as to what would qualify as
a serious offense in need of examination.
NO
HOLDS
BARRED
es the
DILIP BOBB profil
who
intrepid reporter
76
exposed FIFA scam
JAYALALITHAA:
Surprising legal
challenge
28
SINGLE
MOTHERS
Supreme Court to the rescue
But
ORDINANCE RAJ:
why was SC/ST ? 66
.com
allowed to lapsewww.indialegalonline
10
WHO IS AFRAID
LK Adv
OF THE EMERGE
NCY?
E
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INDIAL EGAL
IDNanDgeIrAouLs EGAL INNDIA
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JUSTICE
SHIP:
CENSOR
up
Thumbs
rfor Ambedkay
Periyar Stud
Group 36
:
DHINGRA
Man
behind
Vadra land
probe 46
It is evident
Delhi does not
solid case that
have a
inst Modi, who
shaken up agapoli
certainly
tical blishas
forcing everthe
hme
yone to ducesta
k for cover 22nt,
The former
intelligence chief
pens a startling
new chapter
about intrigue
and deception
in Kashmirs
politics 24
Omar Farooq
SPECIAL:
Kashmirs
teleterroris
32 dead
and still
counting 50
m 44
AS Dulat
VYAPAM
HORROR:
More troubles
in Chouhans
kitbag 30
BIKRAM
VOHRA:
Jungle law
in India 42
ONE RAN
K
ONE
PENSION:
Soldier
writes to
the
chief just
ice
of India
48
INDIRA JAIS
unplugged: ING
40
BANK
LIQUIDITY:
Wheres
the money
honey?
44
Lalit Modi
NEW TAR
GET
Successful S:
Dalits
57
Landmark Japanese
bill on defense
THE LOWER house of the Japanese
parliament passed two controversial
bills. The changes would allow
Japanese troops to fight overseas for
the first time since World War II. With
two-thirds majority in the upper
house, the government will be able to
pass the amendments successfully,
say experts. The amendments will
change the military doctrine called
collective self-defense to expand
the role of the military beyond the
political boundary of the country.
However, neighboring powers like
South Korea and China have
expressed concern over this shift, as
it may escalate tension in the region.
Moreover, even after the changes in
the law, Japans army would be able
to mobilize overseas only when
Japan is attacked and there is a
threat to its survival or when a close
ally is attacked.
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/-
60%
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28
lonline.com
`100
IS THAT LEGAL?
3. Whos a blackleg?
A: Mine worker
B: Fraudster
C: One who works
during strike
D: Thief
4. She said: ATB.
A: All The Best
B: All The Boys
C: Away To Bank
D: Ask The Boss
Illustrations: UdayShankar
80
1. Unwanted third
person.
A: Red herring
B: Gooseberry
C: Queer fish
D: Black sheep
2. Compulsion to steal.
A: Robomania
B: Automania
C: Hidomania
D. Kleptomania
5. Shaggy-dog story.
A: Childrens story
B: Boring novel
C: Long joke with silly
end
D: Cartoon show
6. Ladys slipper.
A: Orchid
B: Skate
C: Necklace
D: Hatred
7. To lie doggo.
A: To brag
B: To relax
C: To hide
D: To surrender
8. One pair is wrong.
A: Meat and eat
B: Fife and drum
C: Chalk and cheese
D: Cheap and nasty
9. Willy-nilly, pell-mell
but fiddle- .
A: middle
B: faddle
C: twiddle
D: riddle
10. Fear of the dark.
A: Photophobia
B: Necrophobia
C: Xenophobia
D: Nyctophobia
11. Just my luck!
A: I am lucky!
B: I am unlucky!
C: I trust my luck!
D: Only I am lucky!
12. Shooting the breeze.
A: Talking idly
B: Talking to corpse
C: Break wind
D: Taking a walk
13. Dead from the
neck up.
A: Sleeping
B: Stupid
C: Dead
D: Deaf
14. Correct spelling?
A: Millenium
B: Millennium
C: Milennium
D: Millenniam
15. A foxy lady is .
A: cantankerous
B: rich
C: unintelligent
D: sexually attractive
16. A curates egg.
A: Good in parts
B: Excellent
C: Rotten
D: Unbreakable
17. Profanum vulgus.
A: Foul language
B: Slum-dwellers
C: Petty thieves
D: Common herd
18. Necessity knows
no .
A. manners
B. law
C. time
D. status
19. Thrift is a great .
A: revenue
B: virtue
C: habit
D: art
20. Dull in the eye.
A: Partially blind
B: Eve-teaser
C: Drunk
D: Old man
ANSWERS
1. Gooseberry
2. Kleptomania
3. One who works during
strike
4. All The Best
5. Long joke with silly end
6. Orchid
7. To hide
8. Meat and eat
9. faddle
10. Nyctophobia
11. I am unlucky!
12. Talking idly
13. Stupid
14. Millennium
15. sexually attractive
16. Good in parts
17. Common herd
18. law
19. revenue
20. Drunk
Y
L
D
R
O
W ISE
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
81
BLISSFUL ABANDON
Children laugh as they swim with floats at a seashore
covered by algae, in Qingdao, Shandong province, China
HAND-IN-HAND
A boy sits next to a
Shin-chan model
during an exhibition
in Joy City, Beijing
HANGING OUT
Children at a park in Dharavi, Asia's
largest slum, in Mumbai
COWBOY ON WHEELS
A woman walks with her dog and child in
front of police vehicles, following a visit by
US President Barack Obama and German
Chancellor Angela Merkel in Kruen, South
Germany
82
CUDDLY MERMAID
A baby and her mother take part in the Mermaid
Parade on the streets of Coney Island in Brooklyn,
New York
DIVINE EMBRACE
Pope Francis holds a baby during
his weekly general audience at
Vatican City
Compiled by Kh Manglembi Devi
Photos: UNI