Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les...

8
Supreme Court Sets Two-Week Timeline for Ganga Roadmap Black Money Pursuit: Swiss Amend Key Law on Foreign Requests TT Speaks: Happy 67 years of Freedom!- Page No. 4 Parliament Passes Judicial Appointment Commission Bill e Narendra Modi government succeeded in getting the National Judicial Appointments Commission Bill 2014 passed in Rajya Sabha, where the BJP is in minority, on ursday. Moving the Bill in Rajya Sabha, Finance Minister Arun Jaitley said the amendments will ensure transparency in the appointments of judges and to restore the essence of original constitution of India. Defending the Bill, Law Minister Ravi Shankar Prasad assured the House that the changes will not result in the political executive dominating over the judiciary. "ere is no provision for executive primacy in the Bill," he said. e Bill, still being contested by top judges as it seeks to change the way they are appointed, had passed the Lok Sabha test on Wednesday. e proposed legislation seeks to scrap the collegium system of appointing judges and in its place set up a commission for the same. e Bill proposes that the Chief Justice of India will head a six-member National Judicial Appointments Commission, other members of which would be the law minister, two senior Supreme Court judges and two eminent people. A collegium comprising the Prime Minister, the Chief Justice of India and the leader of the single largest party in the Lok Sabha will select the two eminent people. One eminent person will be nominated from among the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women. e Congress supported the Bill in Lok Sabha aer the government dropped the word "unanimous" from a clause that said all members of the commission have to agree to a judge's appointment if there are objections and the President sends back the same name for reconsideration. Meanwhile, leading constitutional expert Fali Nariman has opposed the Bill in its present form stating that it would be completely unacceptable to him. He also said that he will challenge the Bill in the Supreme Court. He maintained that the Supreme Court has the power to strike down the Bill even if it passes the Rajya Sabha test. e Supreme Court has set a two-week timeline for the government to submit an adavit providing details about what it proposes to do for cleaning the river. is is despite NDA-led government giving top priority to the cleaning of river Ganga. e Union Budget 2014-15 also set aside over Rs 2,000 crores for cleaning the river. e government had in June 2014 announced its intent to convert the cleaning of the holy river into a “mass movement”. Five ministers from water resources, environment, transport, power and tourism met to devise plans with regard to the redevelopment and cleaning of the Ganga, while the secretaries of these ministries are designing a roadmap. e BJP had, in its election manifesto, emphasized on “purication” of Ganga for the “spiritual as well as physical wellbeing of India”. For the BJP Ganga is “mukti dayini and jivan dayini”. PM Narendra Modi had made cleaning of the Ganga one of his major campaign subject in Varanasi. Responding to the pressure coming from India and other nations, Switzerland has introduced key changes in its local laws pertaining to assistance to foreign countries in their pursuit of black money allegedly amassed in Swiss banks. ese amendments would allow India and other nations to make ‘group requests’ for information about suspected black money stashers, while Swiss authorities would not give prior intimation to suspected individuals or entities before exchanging their information. However, the burden would be on India (or any other country making request) to prove that any prior intimation to the account holders before information sharing would defeat the “purpose of the administrative assistance” and the success of investigation would be impacted. In one of the main bottlenecks to eective and timely sharing of information with foreign authorities about suspected illegal account holders, the Swiss laws provide that the person concerned would be prior intimated of any such international assistance and he or she is also given an opportunity to appeal against this move and examine the les before being shared to the requesting country. Although Switzerland has decided to hang on to these clauses in its amended Federal Act on International Administrative Assistance in Tax Matters, it has now introduced at least 10 amendments in this Act to moderate its famed banking secrecy policies to improve its information-sharing framework. However, the new Act clearly stipulates that the Swiss authorities would not consider a request if “it constitutes a shing expedition” or “if it violates the principle of good faith, particularly if it is based on information obtained through a criminal oence under Swiss law.”

Transcript of Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les...

Page 1: Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les before being shared to the requesting country. Although Switzerland has decided to

Supreme Court Sets Two-Week

Timeline for Ganga Roadmap

Black Money Pursuit: Swiss

Amend Key Law on Foreign

Requests

TT Speaks: Happy 67 years

of Freedom!- Page No. 4

Parliament Passes Judicial Appointment Commission

Bill

e Narendra Modi government suc‐

ceeded in getting the National Judicial

Appointments Commission Bill 2014

passed in Rajya Sabha, where the BJP is

in minority, on ursday. Moving the

Bill in Rajya Sabha, Finance Minister

Arun Jaitley said the amendments will

ensure transparency in the appointments

of judges and to restore the essence of

original constitution of India.

Defending the Bill, Law Minister Ravi

Shankar Prasad assured the House that

the changes will not result in the political

executive dominating over the judiciary.

"ere is no provision for executive pri‐

macy in the Bill," he said.

e Bill, still being contested by top

judges as it seeks to change the way they

are appointed, had passed the Lok Sabha

test on Wednesday. e proposed legisla‐

tion seeks to scrap the collegium system

of appointing judges and in its place set

up a commission for the same. e Bill

proposes that the Chief Justice of India

will head a six-member National Judicial

Appointments Commission, other mem‐

bers of which would be the law minister,

two senior Supreme Court judges and

two eminent people. A collegium com‐

prising the Prime Minister, the Chief

Justice of India and the leader of the sin‐

gle largest party in the Lok Sabha will se‐

lect the two eminent people. One emi‐

nent person will be nominated from

among the Scheduled Castes, Scheduled

Tribes, OBCs, minorities or women.

e Congress supported the Bill in Lok

Sabha aer the government dropped the

word "unanimous" from a clause that

said all members of the commission have

to agree to a judge's appointment if there

are objections and the President sends

back the same name for reconsideration.

Meanwhile, leading constitutional expert

Fali Nariman has opposed the Bill in its

present form stating that it would be

completely unacceptable to him. He also

said that he will challenge the Bill in the

Supreme Court. He maintained that the

Supreme Court has the power to strike

down the Bill even if it passes the Rajya

Sabha test.

e Supreme Court has set a two-week

timeline for the government to submit

an affidavit providing details about what

it proposes to do for cleaning the river.

is is despite NDA-led government giv‐

ing top priority to the cleaning of river

Ganga. e Union Budget 2014-15 also

set aside over Rs 2,000 crores for clean‐

ing the river.

e government had in June 2014 an‐

nounced its intent to convert the clean‐

ing of the holy river into a “mass move‐

ment”. Five ministers from water re‐

sources, environment, transport, power

and tourism met to devise plans with re‐

gard to the redevelopment and cleaning

of the Ganga, while the secretaries of

these ministries are designing a

roadmap.

e BJP had, in its election manifesto,

emphasized on “puri%cation” of Ganga

for the “spiritual as well as physical well‐

being of India”.

For the BJP Ganga is “mukti dayini and

jivan dayini”. PM Narendra Modi had

made cleaning of the Ganga one of his

major campaign subject in Varanasi.

Responding to the pressure coming from

India and other nations, Switzerland has

introduced key changes in its local laws

pertaining to assistance to foreign coun‐

tries in their pursuit of black money al‐

legedly amassed in Swiss banks.

ese amendments would allow India

and other nations to make ‘group re‐

quests’ for information about suspected

black money stashers, while Swiss au‐

thorities would not give prior intimation

to suspected individuals or entities be‐

fore exchanging their information. How‐

ever, the burden would be on India (or

any other country making request) to

prove that any prior intimation to the ac‐

count holders before information shar‐

ing would defeat the “purpose of the ad‐

ministrative assistance” and the success

of investigation would be impacted.

In one of the main bottlenecks to effec‐

tive and timely sharing of information

with foreign authorities about suspected

illegal account holders, the Swiss laws

provide that the person concerned

would be prior intimated of any such in‐

ternational assistance and he or she is

also given an opportunity to appeal

against this move and examine the %les

before being shared to the requesting

country.

Although Switzerland has decided to

hang on to these clauses in its amended

Federal Act on International Adminis‐

trative Assistance in Tax Matters, it has

now introduced at least 10 amendments

in this Act to moderate its famed bank‐

ing secrecy policies to improve its infor‐

mation-sharing framework. However,

the new Act clearly stipulates that the

Swiss authorities would not consider a

request if “it constitutes a %shing expedi‐

tion” or “if it violates the principle of

good faith, particularly if it is based on

information obtained through a criminal

offence under Swiss law.”

Page 2: Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les before being shared to the requesting country. Although Switzerland has decided to

2 TRIGGER TIMES, August 18, 2014

Apex Court Demands

Documents Attempting the Re-opening of 2G Spectrum

Case

SC Issues Notice to Centre and All e States On PIL Seeking Ban on

Cigarettes and Bidis

Bombay High Court Orders CCTVs in Police Stations to Monitor Custodial Deaths

News Brief From Courts

A Magistrate Not Become Functus Officio To Proceed

On A Protest Complaint Just Because He Accepted A Refer Report From e Police On

e Same Matter : SC

Nishita Golchha

A Supreme Court Bench comprising of

Justice H.L. Dattu, Justice P.C. Ghose

and Justice S.A Bobde has reportedly di‐

rected CBI Chief Ranjit Sinha to submit

all documents relating to the alleged at‐

tempts to seek a reopening of the 2G

Spectrum scam case, which is nearing

completion now. e bench rapped CBI

for jolting out of the probe supervising

officer, DIG Santosh Rastogi, from the

2G spectrum scam case and directed

CBIs special counsel K.K. Venugopal to

a s k C B I “ r e c t i f y t h e m i s t a k e

immediately.” CBI had reasoned that the

charge sheet against Swan- Reliance

Telecom (ADAG) needed to be revised.

e Supreme Court started monitoring

2G case pursuant to a Special Leave Peti‐

tion %led in the year 2010 by Central for

Public Interest Litigation. e SLP was

%led against dismissal of its prayer by

High Court of Delhi for court monitor‐

ing of CBI and ED investigation into 2G

spectrum scam. e court during the

hearing of the case had asked the CBI to

%le a status report on the application.

Haardik Sharma

e Supreme Court on ursday issued

notice to the Centre and all states on a

public interest litigation (PIL) seeking to

ban cigarettes and bidis in the country.

ere is already a ban on the sale of

cigarettes and bidis near educational in‐

stitutions and to those under the age of

18 years.

e move is being seen as a major set‐

back for smokers as well as people in‐

volved in tobacco trade. According to

the Cigarette and other Tobacco Product

(Prohibition of Advertisement and Reg‐

ulation of Trade and Commerce, Supply

and Distribution, COPTA) Act 2003,

selling of tobacco and related products

are banned within 100 meters of educa‐

tional institutes, airports and to minors.

But it was not strictly implemented so

far. Six years ago, India had also banned

smoking in public places as well and

made a punishable offence with imposi‐

tion of a %ne of Rs 200/-. However, vio‐

lations have been easy to spot till date.

e government may have enacted strin‐

gent law against advertising tobacco

products and even put pictures on

cigarette packets to deter people from

smoking and chewing tobacco, but for

seven years a Bombay High Court inter‐

im order allowed indirect advertisement

of cigarettes and tobacco products

through hoardings at retail shops. On a

petition by NGO, Health for Millions,

the Supreme Court on ursday stayed

the December 19, 2005, interim order of

the Bombay HC. A bench of Justices G S

Singhvi and Gyan Sudha Misra observed

that the interim order appeared to be at

the teeth of the law prohibiting all forms

of advertisement of tobacco products.

Also, India had banned smoking in pub‐

lic places six years ago although viola‐

tions have been numerous in the

country. While smoking is one of the

leading causes of preventable death

worldwide, tobacco kills nearly 6 million

people every year.

Nishita Golchha

A two judge bench of the Supreme Court

on Saturday held that having accepted

the %nal report the learned Magistrate

had not become “functus officio” and

was denuded of all power to proceed in

the matter. In Rakesh and Anr v/s. State

of U.P. the Supreme Court examined the

question “whether a Magistrate aer ac‐

cepting a negative %nal report submitted

by the police can take action on the basis

of the protest petition %led by the com‐

plainant/%rst informant?” and answered

in the affirmative. e Court relied on

Gangadhar Janardan Mhatre v/s. State of

Maharashtra & Ors.

Dismissing the appeal the Court held

that ‘ in the present case, the contention

advanced on behalf of the accused per‐

tained to the question of jurisdiction

alone; it was urged that having accepted

the %nal report the learned Magistrate

had become “functus officio” and was

denuded of all power to proceed in the

matter. e above stand taken and the

answer provided by the High Court

would not require us to consider the cir‐

cumstances in which the exercise of

power was made.”

Nishita Golchha

A Bombay High Court Bench compris‐

ing of Justice V.M. Kanade and Justice

P.D. Kode on Wednesday ordered instal‐

lation of CCTV cameras in police sta‐

tions with compliance report to be %lled

within four weeks. e Bench reportedly

directed magisterial inquiry against the

police officials accused in a custodial

death case. It also said that custodial

death cases should be treated on “high

priority basis” and a special prosecutor

should be appointed, who should be as‐

sisted by a woman public prosecutor.

e tapes of the recording were directed

to be preserved at least for a year, the Se‐

nior Police Inspector or In-charge of the

police station being responsible for en‐

suring that the CCTVs are operational.

e court directed the constitutional

mandate under Article 22 of the Indian

constitution to produce the arrested per‐

son before a Magistrate within 24 hours

needs to be “scrupulously followed in

letter and spirit.” Immediately aer the

arrest, relatives of the accused should be

informed of arrest and reason.

e court observed, “safety, health and

well being of the accused will be respon‐

sibility of the arresting officer, investigat‐

ing officer and the station house officer”.

Also, if an accused in police custody is

found to be injured, he shall be immedi‐

ately taken to nearby hospital and pro‐

vided “best medical attention” and the

injuries should be photographed.

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3TRIGGER TIMES, August 18, 2014

SC Issues Notice to CBI on Kanimozhi's Plea for Acquittal In

2G Scam Case

Daughter-in-law can't occupy in-laws' self-acquired property: Delhi High

Court

News Brief From CourtsBombay HC Bans Participation of Children

in Forming Human Pyramids In Dahi Handi

Haardik Sharma

e Delhi high court in a momentous

order has held that “A daughter-in-law

has no right to continue to occupy the

self-acquired property of her parents-in-

law against their wishes”. Justice A K

Pathak in a recent verdict, made it clear

that a self-acquired property doesn't fall

under the de%nition of a "shared house‐

hold" enunciated in the Domestic Vio‐

lence Act and a daughter in law can't en‐

force her right in such a property.

In fact, HC went a step further, holding

that even an adult son or daughter has

no legal right to occupy the self-acquired

property of the parents against their con‐

sent. "Daughter-in-law cannot assert her

rights, if any, in the property of her par‐

ents-in-law wherein her husband has no

right, title or interest. She cannot contin‐

ue to live in such a house of her parents-

in-law against their consent and wishes.

In my view, even an adult son or daugh‐

ter has no legal right to occupy the self-

acquired property of the parents; against

their consent and wishes. A son or

daughter if permitted to live in the house

occupies the same as a gratuitous li‐

censee and if such licence is revoked, he

has to vacate the said property," the

court noted in its order. HC was hearing

an appeal by the daughter-in-law against

a trial court's verdict directing her to

hand over peaceful and vacant posses‐

sion of the property to her estranged fa‐

ther-in-law. In her plea in HC the wom‐

an said she is a legally wedded wife and

has a right to live in the property from

where her father-in-law wants her evict‐

ed.

She claimed that the property was pur‐

chased out of joint family funds. Accus‐

ing the father-in-law and husband of ha‐

rassing her for dowry, she informed HC

that she is living separately from her hus‐

band due to matrimonial discord and di‐

vorce proceedings are on. Under DV

Act, the property is a shared household

where she has the right to reside, the

wife maintained.

But the father in law through advocate

Prabhjit Jauhar told HC that he is sole

owner of the self-acquired property.

Jauhar also convinced the court that the

property was not purchased from joint

family funds and his son had no share in

it. e father-in-law furnished before the

court proof that he disowned his son in

2010 who has since then been living sep‐

arately.

Justice Pathak concluded that the legal

position "which can be culled out from

the above reports is that the daughter-in-

law has no right to continue to occupy

the self -acquired property of her

parents-in-law against their wishes more

so when her husband has no indepen‐

dent right therein nor is living there, as it

is not a "shared household" within the

meaning of Section 17(1) of e Protec‐

tion of Women from Domestic Violence

Act, 2005."

HC also took into account lack of evi‐

dence to show that suit property was

purchased from joint family funds.

Haardik Sharma

No child below the age of 12 years will

be permitted to participate in forming

human pyramids during the popular

'Dahi Handi' festival, the Supreme Court

directed today while keeping on hold a

Bombay High Court order which barred

participation of children under 18.

e apex court also said that state au‐

thorities should ensure that the festival

be allowed subject to the condition that

the organisers follow all guidelines con‐

taining safety measures, recommended

by Maharashtra State Commission for

Protection of Child Rights, are followed.

e Dahi Handi ceremony is held on

Janmasthami, the birthday of Lord Kr‐

ishna, every year. It involves forming a

human pyramid and breaking an earthen

pot %lled with buttermilk which is tied at

a height. It is popular in Maharashtra.

While passing the interim order, a bench

comprising Chief Justice R M Lodha,

justices Kurian Joseph and R F Nariman

issued notice to the Maharashtra Gov‐

ernment and concerned authorities,

seeking their replies within eight weeks

on a petition challenging the August 11

order of the Bombay High Court. Or‐

ganisers of the festival had approached

the apex court challenging the high

court's order banning participation of

children below 18 years in forming hu‐

man pyramids during the 'Dahi Handi'

festival.

e high court had cited fatal accidents

during the celebrations and had directed

the Maharashtra government to restrict

the height of human pyramids to 20 .

e court's directions had come while

hearing various public interest litigations

including that of a social worker. Issuing

various directions to ensure safety of the

'Govindas', the high court had asked the

organisers to give due importance to the

health and safety of the participants in

the festival scheduled on August 18.

e high court had said the organisers

have to give an undertaking that they

will make available immediate medical

help, including ambulances, %rst aid and

other infrastructure necessary to treat

injured participants and move them to

nearby hospital. Organisers shall provide

helmets and safety belts to Govindas and

cushion layers at the venue of perfor‐

mance, it had said.

e high court had asked the mandals to

provide names, addresses, photographs

and age proof of Govindas participating

in the human pyramids to the competent

authority. Besides, consent letters of vol‐

untary participation of each Govinda has

to be submitted by the mandals. e

high court had directed the state govern‐

ment to amend certain sections of the

Bombay Police Act and the Maharashtra

Police Act, which de%ne "dangerous ac‐

tivities", to include higher human pyra‐

mids which would then invite penal ac‐

tion. Section 143(B) of the Maharashtra

Police Act de%nes dangerous activities as

those where persons bury themselves

underground and seal themselves during

performances. "e government shall

carry out necessary amendment to in‐

clude such other performances as Dahi

Handi in the de%nition," the high court

had said.

Haardik Sharma: e Supreme Court is‐

sued a notice to CBI on a plea by DMK

MP Kanimozhi in 2G scam case for

quashing of the charges against her in

the spectrum allocation scam, claiming

she has been falsely implicated in the

case. A bench, headed by Justice H L

Dattu, sought a response from the agen‐

cy to %le its response within two weeks.

Kanimozhi, who is facing trial, sought

discharge from case contending there

was no evidence on record to justify the

charges of receiving alleged bribe money.

"Continuance of trial against the peti‐

tioner without any material basis would

amount to an abuse of the process of the

court and requires interference from this

court to secure the ends of justice. It is

submitted that the criminal proceedings

against the petitioner have been initiated

illegally and without jurisdiction," the

Rajya Sabha MP said in her petition.

e 44-year-old leader, who was granted

bail on November 28, 2011 aer spend‐

ing over six months in Tihar Jail, also

sought setting aside of all proceedings

that has ensued aer framing of charges.

She was arrested on May 20, 2011.

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4 TRIGGER TIMES, August 18, 2014

Happy 67 years of Freedom!TT SPEAKS

Tanvi Gadkari: Sixty Seven Years in a

Country’s Life is a small time and our

nation can be termed a very young na‐

tion in comparison to some of the west‐

ern developed nations. I do not claim to

have witnessed the %ght for freedom as it

happened except through the pages of

history but I claim to have lived in Inde‐

pendent India and breathed in the free

air of free India. And it has been good.

What intrigues me the most is my coun‐

try, its democracy and its people who de‐

spite unlimited barriers still remain one.

It is a feat not easy to achieve, and may

be it does seem like an ordinary thing

but we have stopped appreciating the

unity despite diversity because of how

we have incorporated it in our day-to-

day lives as if it were something as regu‐

lar as breathing.

Our Country has been a kaleidoscope of

diversity. It makes me proud when I take

a moment to stop and think that no oth‐

er country in this entire world has diver‐

sity like ours, as many languages as ours,

as many different culinary assortments

as ours. India bonds across its vast ex‐

panse through its people, its food and

the most fascinating of all- the unity we

manage to %nd in such a large diverse

population.

From what history has witnessed, India

has been ruled for years by a diverse

number of leaders. Before the British

came and made our country into what it

is today, the Hindus and Muslims lived

on the same land, with much peace and

prosperity. It wouldn’t be wrong to say

that India was one of the richest coun‐

tries in the world. It is oen speculated

that it is because of the British that our

country has gained a nationalized spirit,

that earlier India was a bunch of scat‐

tered and isolated kingdoms ruled by

small kings or emperors without much

scope to development and no national

spirit. But have we ever stopped to think

what it would be like had our Country

not been invaded by the British and we

were still one, whole nation. We could

easily have been a self sufficient and

much prosperous nation without the as‐

sistance of outsiders and walked hand in

hand with the changing global world-

and India could have done that without

having to wait for the two hundred years

that it was forced to.

What does the term independent mean?

If we go down to the basics, it just means

not being dependent and managing our

own affairs on our own. India has done a

great job on that front. We managed to

run the country, we appointed our own

administrators to handle our administra‐

tion. Parties came up, fought over form‐

ing the government in the country. Some

ruled; some fell- all part of fair politics.

Our country hasn’t exactly been in

shambles since the British have le and

for anyone who has a different view I say,

we’re doing quite well on our own.

ere are oen instances of comparison

of our Country to the United States of

America, who have incidentally been in‐

dependent since 1776. e British ruled

them, the British ruled us. e devel‐

oped status that they have achieved is

because they have been free for more

than 238 years now. Compared to the

USA our 67 years of Independence is a

small number.

e British ruled our country for two

hundred years which is a long, long time.

Once independent, the main concern of

India’s administration was to feed its

people. At that time, being new to the

job, we approached the Super Powers –

depending on them to supply us food

grains and other eating resources. Today,

however, India is self reliant in that sec‐

tor. We have our own thriving produc‐

tion and agricultural sector. During the

post independence days, for a long time

we were heavily dependent on the West

to support us in terms of technology,

medicine and agriculture as well. Unde‐

niably, today India as a country has

made great advances in all of these %elds

and become self-dependent in all these

spheres. And yet, most of us take these

luxuries for granted- we do not appreci‐

ate these little comforts as much as we

should.

e real meaning of freedom can only be

fully understood by the people who were

born in the British era and saw their

country being ruled by the British and

saw people forced being slaves to them.

ose people were the ones who have

seen the real struggle of living in a coun‐

try which is so dependent on another

country. ey know how it is being cur‐

tailed on many basic levels, like freedom

of speech and movement. ings which

we, being born in the independent India

take for granted.

It is only because of the sacri%ce of the

freedom %ghters and the trauma they

went through that we get to live in a free

India, ironically something they never

got the chance to experience. Perhaps

that is one of the reasons why the story

of our independence is taught extensive‐

ly to the young minds, so that they can

learn to appreciate and value the free‐

dom and so that they know that not al‐

ways was it as easy to survive as it is to‐

day.

I value my freedom and my country

even more when I look at the present

scenario in Countries like Iran, Israel

and Palestine where thousands of people

are being killed and slaughtered, merci‐

lessly. Our country offers us so many

luxuries, and a feeling of security. We are

one, united under the diversity, connect‐

ed to each other despite the expansive

geography- which is something to be

grateful for. Jai Hind.

e Author is a co-editor at Trigger

Ti m e s . S h e c a n b e r e a c h e d a t

[email protected]

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5TRIGGER TIMES, August 18, 2014

"If it's going to be a War, which

side will you stand for? "

Trigger Times: Announcement, Call for Editorial Column

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Your constant support and inspiration

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ere is no time limit since your editori‐

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me on the contact number given below.

Note :- Submission will be subject to

scrutiny by our panel.

Warm Regards,

Tanvi Gadkari

Co-Editor of TT Media

+91- 9638609356

[email protected]

Both sides designed,

Chaos endures,

ey like you setting %re,

To the stores.

ey want you to throw bricks,

ey like the fact they can make that

call,

To bring in Marshal Law.

What we destroying for here?

Aren’t we all getting screwed?

By the higher echelons of our society.

Divide and conquer is their key,

Can you not see that clearly?

Fighting each other as gangs unite,

‘Like for like’,

Aren’t we all human beings?

One common cause to string up the out‐

laws.

Skanking all our taxes,

Cutting bene%ts and hope,

So we become a joke.

ey build their palaces,

While we get crammed on trains and

buses.

Look up, not below,

Find out who’s really in control.

Propaganda on the news.

Bling, bling is what they show you.

Grab it, take it, kill a relative.

How insane!

But they want it that way,

You’re playing their game.Strip it down,

Back to the beginning,

Truth resides in you,

Don’t be their fool.

Control your anger,

Rise against the real tyrants.

Not the shopkeepers,

Not even the police,

Not even the wealthy kids on the street.

Few atrocious men hold the pieces,

And you’re their pawns,

Stop and search tactics,

Enticing you into a reaction.

Don’t join the agent provocateurs,

ey will land you behind closed doors.

Liken your mind with others,

Find out the truth, and %ght.Fight....

For freedom from this designed society.

Freedom from the mind programming,

Freedom from our dependency.

Freedom from the illegal wars,

Freedom from thinking its ‘protect and

serve’,

Freedom from being silenced,

Freedom from the lies,

Freedom from our judgments of one an‐

other,

Freedom from our possessions,

Freedom from our despair,

Freedom to join peacefully.

Not in hundreds,

Not in thousands,

In millions.

A people’s army.

-Raj Vardhan Tiwari

Page 6: Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les before being shared to the requesting country. Although Switzerland has decided to

6 TRIGGER TIMES, August 18, 2014

Prime Minister Modi at Red Fort,

Delhi.

Smt. Rajni Razdan takes

over as Chairman,

UPSC

PM dedicates to

Nation, a piece of

development

Cabinet Secretary

reviews Flood Preparedness

GOVERNMENT NOTIFICATIONS

WHO: Air travel, even from Ebola-

affected countries, is low-

risk for Ebola transmission

Disclaimer: Every sincere effort has been

made by the Trigger Times newspaper to

ensure that the information provided is

correct. Any mistake or omission is in‐

advertent and unintentional.

In case of complaints and other issues,

write to us at [email protected].

All claims, disputes or complaints are

subject to exclusive jurisdiction of

courts/forums/tribunals in Ahmedabad

only.

Editors and Team Trigger

1. Garvit Khandelwal (Chairman of

TT Media)

2. Siddharth Bapna (Deputy Chair‐

man and PR manager of TT Media)

3. Shalini Goyal (Secretary of TT

Media )

4. Tanvi Gadkari (HR manager of

TT Media)

5. Haardik Sharma (Joint Secretary

of TT Media)

6. Milap Chopra (Treasurer of TT

Media )

7. Karan Valecha (Joint Treasurer of

TT Media)

8. Nishita Golchha (Editor of TT

Media)

9. Sanjini Jain (Editor of TT Media)

River Rapti in Balrampur district of UP

is now 'owing in HIGH FLOOD SITU‐

ATION. At 8 in the morning today, it

was 'owing at a level of 104.79 meters

with a rising inclination. is is 0.17 me‐

tres above its danger level of 104.62 me‐

tres and 0.46 metres below its previous

HFL of 105.25 metres recorded in

September,2000.

Meanwhile, National Crisis Management

Committee under the chairmanship of

the Cabinet Secretary Shri Ajit Seth took

stock of the preparedness in the wake of

'oods in Nepal. National Disaster Re‐

sponse Force teams have also been kept

ready for rescue operations in Nepal, if

required. ree Helicopters have been

kept on the stand by at Gorakhpur for

this purpose. Flood situation in UP, Bi‐

har and recent heavy rains and cloud‐

burst in Uttarakhand were also reviewed

with the State Governments.

Prime Minister Shri Narendra Modi de‐

livering speech at the Red Fort on the

occasion of Independence day as he

spoke on issues like the progress of the

nation, the contribution of farmers, la‐

borers and youth to the nation, how he is

the Prime Servant of the Country, him

being an outsider to Delhi, nation build‐

ing being his prime objective and the

duty that the government owes to its citi‐

zens.

Since its outbreak on 10.08.2014, 9207

health cards of passengers from Ebola

Virus Disease affected countries have

been returned by Immigration Depart‐

ment (151 on 10.08.2014; 497 on

11.08.2014 and 1034 on 12.08.2014;

1407 on 13.08.2014; 2146 on 14.08.2014;

2441 on 15.08.2014 and 1531 on

16.08.2014) to the Airport Health Offi‐

cers of the Airports at Delhi, Mumbai,

Bengaluru, Chennai, Trivandrum and

Kochi. All these passengers have been

screened at the concerned Airports.

A family of three Nigerian nationals,

who arrived in Delhi on the morning of

13th of August aged 4 (male), 37

(female) and 79 (male), and had fever

during the screening were immediately

admitted to the Dr. RML Hospital. eir

tests are being done at National Centre

for Disease Control, Delhi. Moreover,

another Indian national- a 32 year old

male belonging to the Ditrict Durg,

Chhattisgarh who returned from Nigeria

has been admitted to the Bhilai Hospital.

Samples of his blood and stool are being

tested at the NCDC.

According to WHO “Air travel, even

from Ebola-affected countries, is low-

risk for Ebola transmission.”

WHO has reported a total of 2127 cases

and 1145 deaths (as on 13th August

2014) due to Ebola Virus Disease from

affected countries, a majority of 810 cas‐

es being from Sierra Leone and 786 from

Liberia. However the maximum deaths

recorded are in Liberia, to a whooping

number of 413 people.

Smt. Razdan, an Indian Administrative

Service Officer of Haryana Cadre of

1973 Batch, joined the Commission as

Member on April 19, 2010.Smt. Rajni

Razdan, Member, Union Public Service

Commission, took the oath of office and

secrecy as Chairman, Union Public Ser‐

vice Commission (UPSC) here today.

e oath was administered by Prof. D.P.

Agrawal, outgoing Chairman of the

Commission. Before joining the UPSC,

she held various important positions in

the Government of India and that of

Haryana. She was Secretary, Department

of Pension & Pensioners’ Welfare and

Administrative Reforms & Public

Grievances.

Prime Minister, Shri Narendra Modi,

chalked out an all-inclusive plan for the

different new modes of infrastructure

development in the country, which

would include nationwide connectivity

networks of roads, power transmission

lines, gas grids and water grids.

In a function held at Solapur, the Prime

Minister dedicated the four lanes of

Pune-Solapur National Highway No. 9

section and Raichur-Solapur transmis‐

sion line to the nation. Citing the exam‐

ple of South Korea, the Prime Minister

said, “across the world, countries which

had invested in infrastructure creation,

had reaped the fruits of development

and prosperity.” He claimed that the

roads and highways development will be

given priority now onwards.

e Prime Minister shared the concern

earlier voiced b Chief Minister of Maha‐

rashtra, Shri Prithviraj Chavan, over

power plants and how they remained

under-used because of shortage of coal

and gas. He said the Union Government

would do all it could to ensure enough

fuel for power plants. Coal would be ex‐

tracted in a way that did not harm the

environment.

He referred to the union’s decision to

give permission to raise the height of the

Narmada Dam adding that the decision

had been pending for years, and the new

government had taken a decision on it

soon aer assuming office. He said, soon

the State of Maharashtra would get elec‐

tricity supply worth Rs. 400 Crore, free

of cost, every year.

Page 7: Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les before being shared to the requesting country. Although Switzerland has decided to

7TRIGGER TIMES, August 18, 2014

Powered By:- e Knowledge Steez

Online Certi$cate Course on

Introduction to Corporate

Social Responsibility

RGNUL Student

Law Review

Developing a Rights-based Approach to

TB at University of

Chicago, Center Delhi

Postgraduate Diploma/Masters

from King’s College London in

EU Competition Law – Distance

Learning Programme

Events for Law StudentsInternational

Journal of Legal Research (ISSN- 2349-8463) has invited papers

for Vol. 1. Issue 1

Call for Papers: Youth Voice Journal

A properly implemented CSR concept

can bring along a variety of competitive

advantages, such as enhanced access to

capital and markets, increased sales and

pro%ts, operational cost savings, im‐

proved productivity and quality, efficient

human resource base, improved brand

image and reputation, enhanced cus‐

tomer loyalty, better decision making

and risk management processes.

is course will prove extremely helpful

for Students & Professionals from Legal

& Managerial Backgrounds. e purpose

of this Certi%cate Course is to provide

the learner an experience-based, integra‐

tive exposure to this emerging and dy‐

namic %eld of business practice.

To register for the course visit: http://

rostrumlegal.com/course/introduction-

to-corporate-social-responsibility/

Submissions to the Youth Voice Journal

(YVJ) are done by emailing the Editor-

in-Chief Professor Dr. eo Gavrielides

[email protected]. We accept

only original contributions that have not

been published elsewhere. We publish

research papers of theoretical and empir‐

ical nature as well as book reviews, arti‐

cle reviews and commentaries.

is programme has now been attended

by over 2000 students drawn from the

UK, other parts of the European Union,

the European Economic Area, Central

and Eastern Europe, and from further

a%eld, such as the USA, Hong Kong,

Brazil, Argentina, South Africa, Kenya

and Australia. It provides tuition from

one of the world’s leading centres of Eu‐

ropean law and is studied on a distance

learning basis, thereby avoiding crucial

time spent away from your office. e

programme will allow you to gain a

competitive advantage in a difficult job

market and increase your skills at this

crucial time.

e programme aims to provide the pro‐

fessional with an in-depth and up-to-

date knowledge of EU competition law,

focusing on practical aspects as well as

the substantive law. It is spread over 8

months starting on October 1, 2014 and

ending with an examination at King’s

College London in May 2015.

e units will be dispatched at fortnight‐

ly intervals. ese will take you system‐

atically through the constituent provi‐

sions of EU Competition Law – Article

101, Article 102, Article 106, Articles

107 – 109 and the Merger Regulation.

Subsequent units will look at particular

business phenomena – joint ventures,

cartels, distribution agreements andli‐

censes of intellectual property rights

considering how the law impacts upon

each of these. e %nal units deal with

particular problems of EU competition

law procedure and enforcement. Suc‐

cessful postgraduate diploma students at

Merit level may, if they wish, apply to en‐

rol in a Masters in EU Competition Law,

also studied part-time by distance learn‐

ing from King’s College London. LINK:

http://www.ibclegal.com/event/eu-com‐

petition-law-postgraduate-diploma-by-

distance-learning-from-kings-college-

london-kcl?xtssot=0

In an effort to generate and promote

thought, dialogue and policy actions sur‐

rounding a rights-based approach to TB,

the organizers will hold a conference in

December 2014 in New Delhi, India.

e organizers hope to include stake‐

holders and partners from India and

around the world. Participants will range

across a number of disciplines and pro‐

f e s s i o n s , i n c l u d i n g m e d i c a l

professionals, lawyers, academics, com‐

munity members, policy makers, and

others. e goal is to promote cross-dis‐

ciplinary thought, dialogue and action

on developing and implementing a

rights-based approach to TB. e con‐

ference will consist of panel discussions

and workshops on various subjects relat‐

ed to human rights and TB. To this end,

the organizers would like to invite poten‐

tial participants to submit paper propos‐

als for the conference. Limited funding

will be available for conference partici‐

pants based on need. Abstract submis‐

sion deadline is September 1, 2014.

International Journal of Legal Research

(IJLR) (ISSN- 2349-8463) invites Arti‐

cles, Short Notes, Book Reviews Case

Commentaries and other such for Vol‐

ume 1, Issue 1, July- September

2014.Academicians, Practitioners, re‐

searchers, students and others interested

in the %eld may send original, unpub‐

lished papers to [email protected] lat‐

est by August 30, 2014.

e Last Date for submissions is October

5, 2014 by 11:00 P.M. e Journal shall

retain all copyright arising out of any

publications and only the moral rights

will vest with the author.For more details

about the Law Review, visit http://

www.rslr.in .For any further queries, you

can contact the Editorial Board at

[email protected].

Page 8: Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les before being shared to the requesting country. Although Switzerland has decided to

8 TRIGGER TIMES, August 18, 2014

Law School CoverageRam Manohar Lohiya

National Law University, Lucknow (RMLNLU)

Dr. Ram Manohar Lohiya National Law

University, was established by an Act of

Govt. of Uttar Pradesh in 2005, U.P. Act

No. 28 of 2005 and came into being on

January 4, 2006 to meet up the new chal‐

lenges in legal %eld and to strengthen the

vision that was given by the establish‐

ment of %rst National Law School of the

country. Originally incorporated as ‘Dr.

Ram Manohar Lohiya National Law In‐

stitute, Uttar Pradesh’, word ‘Institute’

was substituted by the ‘University’ later,

vide an amendment in the Act in

November 2006.is was done to give a

comprehensive national character to the

Institute on lines with the other premier

National Law Universities of the Coun‐

try.

e University, which is getting liberal

grants from the State Government, is

committed to provide excellent infras‐

tructural facilities and environment to

advance and disseminate learning and

knowledge of law and legal process and

to develop in the students and research

scholars a sense of responsibilities to

serve the society in the %eld of law by de‐

veloping skills in advocacy, judicial and

other legal services and legislation and

the like. e present law has to meet the

requirements of the society, which is en‐

tering into 21st Century. Law has to deal

with problems of diverse magnitudes

and a student of law and an Advocate

has to be trained in Professional skills to

meet the challenges of globalization and

universalization of law. With the advent

of multinationals in India as anywhere

else, the task of lawyers would be highly

technical and an imperative need would

arise to have competent lawyers who

would be trained in the right culture of

Legal Education. is makes a sound

case for introducing reforms in Legal

Education, and we at Dr. Ram Manohar

Lohiya National Law University aim at

all these aspects.

e Objectives of the University:

• To advance and disseminate learn‐

ing and knowledge of law and legal pro‐

cesses and their role in national develop‐

ment;

• To develop in the student and re‐

search scholar a sense of responsibility to

serve society in the %eld of law by devel‐

oping skills in regard to advocacy, Judi‐

cial and other legal services, legislation,

law reforms in the existing laws and the

like;

• To organize lectures, seminars,

symposia and conferences, to promote

legal knowledge and to make law and le‐

gal process efficient instrument of social

development;

Location:

Located in the South-West part of the

Lucknow City, the University has 40

acres of sprawling campus in LDA's

Kanpur Road Scheme. e Campus is a

complete township having accommoda‐

tion facilities for 1500 students and over

100 number of teaching and non-teach‐

ing staff members. Distance from

Amausi airport is 3.0 kilometres and

from Lucknow railway station is nearly 7

kilometers. Sanjay Gandhi Post Gradu‐

ate Institute of Medical Sciences and

Baba Saheb Bhimrao Ambedkar Univer‐

sity are the other neighboring education‐

al institutes of higher education. e

District Court, High Court of Judicature

at Allahabad, Lucknow Bench, Vidhan

Sabha, Tribunals, are all in the radius of

10 kms.

Achievements:

• Team comprising of Ms. Roli

Sharma, Ms. Smrithi Punnoose, Ms.

Shradha Rakhecha, Mr. Agrawal and Mr.

Abhishek Dwivedi were adjudged as

third best team of the 55th Philip C. Jes‐

sup International Law Moot Court Com‐

petition (North India Rounds)in

January, 2014. e team won the award

of the 2nd best memorial and Ms. Roli

Sharma was adjudged as second best

speaker.

• Team comprising Ms. Aarushi

Mishra, Mr. Shaurya Sahay and Ms.

Renu Singh Shekhawat were adjudged as

third best team at the National Rounds

of the 5th Leiden Sarin International Air

Law Moot Court Competition, 2014 and

will be representing the University at the

International Rounds in Bucharest, Ro‐

mania.

• Team comprising of Mr. Agrawal,

Ms. Veena Kamath and Mr. Abhishek

Dwivedi advanced to the semi %nals of

Manfred Lachs Space Law Moot Court

Competition (ISRO India Funding

Rounds) in May, 2013. e team was ad‐

judicated as quarter %nalists in the Asia

Paci%c Rounds held in Tokyo in June,

2013.

• Team comprising of Ms. Divya

Chaudhary, Ms. Garima Prakash and

Mr.Aayush Jain were adjudged as semi-

Finalists at the Asia-Paci%c Regional

Rounds of the 12th European Law Stu‐

dent Association (ELSA) Moot Court

Competition, 2014 held in Malaysia in

March 2014 and have thus advanced to

the World Rounds. e World Rounds

will be held in Geneva, Switzerland. Ms.

Divya Chaudhary also won the Best Or‐

ator award at the Asia-Paci%c Regional

Rounds.

• Team comprising of Ms. Nayan

Jain, Ms. Ashika Verma and Ms. Apurva

Vishwanathan won the best memorial

Surana and Surana South India Rounds

of 18th Annual Stetson International En‐

vironmental Moot Court Competition in

November, 2013.

Library:

"MadhuLimaye Library" houses a valu‐

able collections of legal materials, and

provides access to numerous online ser‐

vices and internet sources which serves

the legal research needs of the Students

and Faculty. e reading section is divid‐

ed in three parts i.e. General Reading

section, Reference & Journal Section and

Magazine section. e library is a two

'oor centrally air-conditioned building.

e ground 'oor has Digital Lab of 56

client-server based computers, Circula‐

tion counter, Round table group discus‐

sion Room and Videoconferencing

room. e Chamber of Librarian and

Asst Librarian are also on the ground

'oor. e %rst 'oor has Reading

sections, separate faculty reading section

and photocopy counter. Library is pro‐

viding access bibliographical database of

library materials and online database ac‐

cess and many other services like back

years question papers through Web

OPAC. In addition, wireless internet ac‐

cess is available throughout the library.

e library has state-of-the-art facilities

and also employs CD-ROM technology.

Infrastructure and Facilities:

Dr. Ram Manohar Lohiya National Law

University sustains its vibrant intellectu‐

al life and strong community spirit by

encouraging collaboration and new ways

of thinking, seeking new ways to support

its work, and providing the %nest facili‐

ties to its students. ey have made

available to their students online legal

databases , which include-Lexis-

Nexis,Westlaw, Manupatra, Indlaw. and

Supreme Court Cases. ese online

databases are immensely helpful to the

students. Cases from countries all across

the world are just a click away. Online

journals and other articles have also

been made available. is helps the stu‐

dents in their research work for their

projects and various other things.

To provide easy access to the internet,

campus wide wi-% facility has been made

available to the students. e library also

provides the students with a web

gateway, it houses 60 computers which

are open to all. e student run cyber

committee takes care of all the matters

related to computer networking, updat‐

ing the university website and providing

webbased solutions to enhance the

learning process.

e university takes utmost care of phys‐

ical health of the students. Various

sports and other recreational facilities

are available to the students which in‐

clude a plush gym with high end mod‐

ern equipments, football %eld, a multi‐

purpose indoor sports complex, and up‐

coming Olympic size swimming pool,

Lawn tennis and badminton courts. e

students also organized an intra univer‐

sity sports meet in the month of January.

University has an in built Hospital and

currently one doctor is appointed there.

On-campus medical staff takes care of

the health of the students. e university

provides a 24 hour ambulance service

which is serves anyone who requires ur‐

gent medical attention.

ere are separate halls of residence for

boys and girls, it is compulsory for all

the students to reside on campus. e

students are provided with plush and

fully furnished rooms, on double occu‐

pancy basis. e rooms have been de‐

signed in a way that natural light and

fresh air pour in without any difficulty.

All the interiors are provided by

Godrej.e university boasts of high-

tech seminar halls and moot court halls,

w i t h a u d i o - v i s u a l r e c o r d i n g

facilities.University aims at providing the

students with every possible resource

available so they are able to act and

achieve to the best of their abilities.

If you want to see your law school here,

Please mail us at milapchopra@legal‐

trigger.com.