Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les...
Transcript of Parliament Passes Judicial Appointment Commission Bill · against this move and examine the %les...
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.”
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.
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.
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
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
Legal Trigger Organization (www.legal‐
trigger.com) "Team Trigger" is proud to
announce that it has expanded its ven‐
ture through its Weekly Newspaper on
Law i.e. "TRIGGER TIMES".
Your constant support and inspiration
has led us to introduce our sister con‐
cern, through which we will be bringing
to you weekly updates in the following
segments:
a) Supreme Court/High Court Decisions
for the concerned week
b) Interviews: Ideas of legal scholars on
various politico-socio-legal issues
c) Did You Know: Certain unknown
facts
d) Awakening India
e.) Editorial Column
f.) Law School Coverage
Trigger Times take great pleasure in
inviting participation for editorials sec‐
tion of our weekly newspaper on Law:
Trigger Times.
All those who wish to submit their edito‐
rials on a topic of their choice or their
views on any area relating to law may
s u b m i t t h e s a m e a t
ere is no time limit since your editori‐
als will be published in the issue which
comes out the week next to your respec‐
tive submissions.
However, once a commitment to write
for the column is made by you; we shall
expect a submission since, a slot shall
then be reserved for your editorial in our
paper.
Team Trigger requesting to the interest‐
ed stakeholders to kindly contact us via
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For any further queries kindly contact
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Co-Editor of TT Media
+91- 9638609356
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
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.
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
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.