Legal WIND-World In Discourse

12/12/2021

𝐈𝐍𝐃𝐈𝐀 𝐈𝐒 𝐒𝐄𝐓 𝐓𝐎 𝐖𝐄𝐋𝐂𝐎𝐌𝐄 𝐈𝐓𝐒 𝐅𝐈𝐑𝐒𝐓 𝐆𝐀𝐘 𝐉𝐔𝐃𝐆𝐄

Who is Kirpal Saurabh and how he is the first Judge?

He was one of the leading advocates in the landmark case of Navtej Singh Johar, which led to decriminalising homos*xuality in 2018. He has also edited S*x and Supreme Court: How the Law Is Upholding the Dignity of the Indian Citizens (2020). Kirpal is the son of Justice B.N.KIRPAL, who was the 31st CJI holding office from May 2002 till November 2002. Kirpal graduated from St. Stephan’s college and studied law at Oxford University and Cambridge University. And has been a practising advocate since. Kirpal’s journey for High Court Judge has been a roller coaster ride as Kirpal was recommended by the H.C collegium but the Centre reserved its appointment due to IB’s suspicions regarding Kirpal’s partner. After much delay, the current collegium is headed by CV RAMANA who again recommended Kirpal’s name and as per the Memorandum of Procedure which consists of a set of guidelines makes it mandatory for the government to accept the recommendation this time.

How Judges are appointed in High Court.

Chief Justice of concerned HC. in consultation with 2 senior-most judges of that HC will shortlist probable candidates for the appointment of HC Judges. The state government can send their recommendation if they have any person in mind. Then the HC collegium will send its recommendation to the governor of the state, then the governor along with his recommendation (which means the state govt. recommendation) will send the name to Union Law Ministry.

Then Ministry will forward it to the collegium of SC and for this purpose of appointment of HC Judges the collegium consist of CJI plus 2 senior-most judges of SC

10/12/2021

𝐂𝐀𝐒𝐄 𝐍𝐀𝐌𝐄: 𝐑𝐚𝐭𝐧𝐚𝐦 𝐒𝐮𝐧𝐝𝐞𝐬𝐡 𝐈𝐲𝐞𝐫 𝐯𝐬 𝐉𝐚𝐜𝐤𝐢𝐞 𝐊𝐚𝐤𝐮𝐛𝐡𝐚𝐢 𝐒𝐡𝐫𝐨𝐟𝐟

In this case, the Appellant wanted to sell share in MSM since 2002 and for this he signed a placement instruction on 15.01.2005, authorising Standard Chartered Bank (SCB) as its agent and purchasing appellant’s shares in Atlas.
Respondent files a complaint with Economic Offences Wing in Bombay regarding forged signatures. On 19.04.2010 against appellant and SCB. Parties agree to solve the issue with Deed of Settlement (DOS) which contained clause 9 for breach of deed to be resolved through arbitral proceedings.
Arbitral proceeding starts and the final award in favour of the Appellant is finalised on 10.11.2014 awarding a claim of liquidated damages of US $1.5M. And for this Respondent files a petition u/s 34 of in Bombay high court on 24.01.2015 while Appellant files for ex*****on of the award.

Judgement passed by the Learned Single Judge of the High Court is to set aside the award passed by the arbitrator, whereas appeal filed by the Respondent u/s37 of the said Act was dismissed by the Division Bench in terms of the impugned judgement dated 20.04.2021.

Para 17 of the judgment … “the plea of the award being vitiated by the patent illegality is available for an arbitral award, such an award has to be a purely domestic award, i.e., the plea of patent illegality is not available for an award which arises from international commercial arbitration post the amendment”.

Section 34 of the Arbitration and Conciliation Act post-2015, will be applied only after the effective date of the amendment.

Supreme Court set aside the Award and affirmed that the judgement passed by the Single Judge and Division Bench of Bombay High Court interfered with the award and also made an observation in the arbitrator’s judgment that “it is not in accordance with the fundamental policy of Indian laws and can be set aside as per the pre-amendment of section 34”.

07/12/2021

𝐌𝐀𝐓𝐇𝐔𝐑𝐀 𝐂𝐋𝐀𝐒𝐇𝐄𝐒: 𝐈𝐍𝐂𝐈𝐃𝐄𝐍𝐓 𝐓𝐇𝐀𝐓 𝐊𝐈𝐋𝐋𝐄𝐃 37 𝐏𝐄𝐎𝐏𝐋𝐄



INCIDENT

On 02 June 2016, an armed conflict occurred at Jawahar Bagh Public Park in Mathura City, In Uttar Pradesh, India.

Ram Vriksha Yadav had converted Jawahar Bagh into his personal dominion that can be entered from two directions. The first route goes around the district juvenile court and the district police superintendent's office, while the second runs alongside Jail Colony, a residential area where the district jail's workers live. The army camp is about a kilometre distant, and the district court is only a five-minute walk away.

An armed group led by Ram Vriksha Yadav had been occupying the land since 2014, In 2016 when the court-ordered their eviction, the eviction controlled by the police eventually led to mob violence. As a result, the group responded violently killing two policemen and 35 squatters.

Santosh Yadav, a station house officer, was shot in the head, and superintendent Mukul Dwivedi was stabbed to death.



BACKGROUND

It all started in February 2014, when Ram Vriksha Yadav was granted permission to conduct a protest gathering, according to the police officer. It was a modest gathering, with Ram Vriksha Yadav and around 200 followers shouting anti-Indian chants and demanding an 'Azad Hind Sarkar’, which eventually led to 3000 followers.



RAM VRIKSHA YADAV

Ram Vriksha Yadav, a resident of Raipur Baghpur hamlet in Ghazipur, was a member of the Doordarshi party, which was founded in Ahmedabad in 1980 by a spiritual leader Baba Jai Gurudev.



CLAIMS AND DEMANDS OF GROUP

The organization was calling for the election of certain members of the government to be cancelled. They wanted the prime minister and president positions abolished because they considered the parliamentary system as a legacy from the British colonial masters. The group asked to know the President's nationality on a poster that was pulled down by the police.

04/12/2021

Continuing a legacy is called Tradition but continuing NRC will be called the creation of more Detention Centre, as NRC (NATIONAL REGISTER OF CITIZEN) is a legacy of Assam Accord of 1985 whose demand was DETECTION, DELETION AND DEPORTATION of illegal migrants to Bangladesh. It is a register maintained by the government containing the names and certain relevant information regarding citizens. The rationale behind the NRC is to w**d out illegal migrants coming from different parts other than India. Yet as many as 19.07 lakhs (approx.) were excluded from the final NRC conducted on 31st August 2019, in Assam. This is why NRC implementation has become such a political hot potato.

Now let’s imagine a situation, where your grandfather and father both possess legitimate identity proof but there’s a slight mistake in your id proof regarding your father’s spelling, in such minor cases you will be declared an illegal migrant. So was the case of Sukhdev Ree and many others like him, who are waiting to be included in the NRC.

There are many people like Sukhdev Ree and Kamrul Hussain Laskar who are still in Silchar Detention Centre, being declared foreign national by authorities who have poor judgment making, police who have the upper hand of making people accept the notice by way of force or other, illiteracy, lack of money or most important necessary documents. If NRC is to be continued people like me and you are not far away from siting at XYZ Detention Centre, as we may have proper documents, literacy or can afford lawyers but we may never know what types of documents will be considered as “valid” as to the situation or where there might be “spelling error” or even after electing a government for decades our name will not show up in next voter’s list.


Drafted By: Divya Rathore

30/11/2021

Announcing the Best Interns of the Month of November!

We congratulate Aditya Malhotra, from guru govind singh university , Shriya Subhadra from KIIT School of Law Kalinga Institute of Industrial Technology and Kumar from Presidency University for being selected as the Best Intern of the Month of November.

Great Work Guys!
We are amazed at your hard work and best performance.

Congratulations and Best wishes from Team Legal WIND the future success. We wish this association will continue and will bring lots of success in the upcoming future.

29/11/2021

16/11/2021

Beware about the messages you send on Whatsapp, Instagram or various social media platforms as they may land you in jail. Recently South Africa’s President, Cyril Ramphonsa signed an Act where certain types of messages on social media can land a person in jail for up to three years or fine or both. But what about India, without any specific Acts cops can still penalize you under the IT Act 2000, for various kinds of messages such as:
Sharing doctored videos or morphed photos of important people,
If a woman complains of harassment over WhatsApp, police can arrest you,
Impersonating and creating a fake WhatsApp account with someone else’s name,
Sharing p**n clips, especially child p**n, images or obscene material on WhatsApp,
Using WhatsApp to sell drugs or other prohibited things,
Spreading hate messages to provoke harm to any religion or place of worship,
Using WhatsApp to send hidden s*x clips or video clips of people filmed illegally or voyeurism can get you arrested,
Sharing fake news or multimedia files or rumors on sensitive topics to incite violence
India is a country where awareness about basic law is a privilege and understanding new laws and amendments pertaining to WhatsApp is an overestimation of everyone. Currently, there are no laws properly governing social media which ask for protection against arrest in the above-mentioned scenarios because a vague definition of any provision can result in abuse of power by the hands of government or police. Abuse of power has been seen in the landmark case of Shreya Shingla (2015) in which SC struck down section 66A but even after that around 1,307 cases were registered under the Section. =
A channel has been started by the Department of Telecommunication (DoT) to take immediate action against the culprits and Ashish Joshi (DoT controller communications) has said - "if any person receives any kind of abusive, vulgar or threat messages can report it at [email protected]."

14/11/2021

Former Chief Justice of India T S Thakur broke down while making an appeal to the government for the appointment of more judges as such issues hinder the speedy dispensation of justice. The Ministry of Law & Justice at the Union level is responsible for raising the issue before parliament and dealing with the concern issue for the proper functioning of the judiciary. India has 19 judges per 10 lakh people on an average, according to Law Ministry data which also states that the judiciary faces a combined shortage of over 6,000 judges. These numbers prove that getting proper access to justice has become a mammoth task.
Studies also show that recruitment cycle in most States often exceeds the time limit suggested by the Supreme Court. There are many reasons for the shortage of judges which have been stated, reported, documented, researched, and evaluated but no action has taken place. Now is not the time to discuss or analyze but to act upon, as population and crimes are increasing with time.
Economic Survey of 2017-18 called for coordinated action between government and judiciary to reduce pendency of commercial litigation for improving Ease of Doing Business (EODB) and boost economic activities. A report from News18.com in July 2021 said there are a total of over 5 crore cases pending in all courts. In 2019, Markandey Katju retired former SC judge had stated that it would take 360 days to dispose of the pending cases even if no fresh cases were filed. The total number of pending cases back then was 3.3.crore.
Unambiguously, we need a better system, internet connectivity, well-equipped infrastructure, uniformed judicial exams (conducted twice a year), etc. to at least ensure JUSTICE IS OR WILL NEVER BE DELAYED in terms of shortage of judges

08/11/2021

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04/11/2021

May this Diwali fill your lives with new hopes, new dreams and new adventures for tomorrow.

With lots of love , wishing you a Happy Diwali from Team Legal WIND. Best wishes!🕯️❤️

01/11/2021

Announcing the Chapter of LEGAL WIND (WORLD IN DISCOURSE)!

We are elated to announce that, our Australian Chapter of Legal WIND is active now with the leadership of our Regional Director Parisa Sekandari. Ms Parisa Sekandari is the Research Officer at Politics and International Relations, School of Social Sciences, Faculty of Arts, Monash University and the Legal Operations Assistant at Office of General Counsel. She is also working as our Academic Advisor.

Our special thanks to Rosita Sekandari for her constant support.

𝐖𝐞 𝐚𝐫𝐞 𝐢𝐧𝐭𝐞𝐧𝐭 𝐭𝐨 𝐞𝐯𝐨𝐥𝐯𝐞 𝐧𝐞𝐰 𝐥𝐞𝐠𝐚𝐥 𝐫𝐞𝐬𝐞𝐚𝐫𝐜𝐡 𝐭𝐞𝐜𝐡𝐧𝐢𝐪𝐮𝐞𝐬 𝐨𝐫 𝐚𝐩𝐩𝐥𝐲 𝐭𝐨𝐨𝐥𝐬 𝐨𝐟 𝐨𝐭𝐡𝐞𝐫 𝐝𝐢𝐬𝐜𝐢𝐩𝐥𝐢𝐧𝐞𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐚𝐫𝐞𝐚 𝐨𝐟 𝐥𝐚𝐰 𝐚𝐧𝐝 𝐩𝐫𝐨𝐯𝐢𝐝𝐞 𝐥𝐞𝐠𝐚𝐥 𝐢𝐧𝐬𝐢𝐠𝐡𝐭 𝐟𝐨𝐫 𝐩𝐚𝐬𝐬𝐢𝐨𝐧𝐚𝐭𝐞 𝐥𝐚𝐰𝐲𝐞𝐫𝐬 𝐭𝐨 𝐩𝐫𝐨𝐩𝐨𝐮𝐧𝐝 𝐚 𝐧𝐞𝐰 𝐥𝐞𝐠𝐚𝐥 𝐜𝐨𝐧𝐜𝐞𝐩𝐭.​​ 𝐖𝐞 𝐡𝐨𝐩𝐞, 𝐭𝐡𝐢𝐬 𝐜𝐡𝐚𝐩𝐭𝐞𝐫 𝐰𝐢𝐥𝐥 𝐠𝐢𝐯𝐞 𝐚 𝐧𝐞𝐰 𝐥𝐢𝐠𝐡𝐭 𝐭𝐨 𝐨𝐮𝐫 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚𝐧 𝐒𝐭𝐮𝐝𝐞𝐧𝐭𝐬 𝐚𝐬 𝐰𝐞𝐥𝐥 𝐚𝐬 𝐰𝐢𝐥𝐥 𝐡𝐞𝐥𝐩 𝐮𝐬 𝐭𝐨 𝐜𝐫𝐞𝐚𝐭𝐞 𝐚 𝐬𝐭𝐫𝐨𝐧𝐠 𝐀𝐜𝐚𝐝𝐞𝐦𝐢𝐜 𝐚𝐧𝐝 𝐏𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐛𝐨𝐧𝐝 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐈𝐧𝐝𝐢𝐚 𝐚𝐧𝐝 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚.

Our new initiatives and further programmes of this chapter will be announced soon.

𝑰𝒇 𝒂𝒏𝒚 𝒔𝒕𝒖𝒅𝒆𝒏𝒕 𝒐𝒓 𝒑𝒓𝒐𝒇𝒆𝒔𝒔𝒊𝒐𝒏𝒂𝒍 𝒇𝒓𝒐𝒎 𝑨𝒖𝒔𝒕𝒓𝒂𝒍𝒊𝒂 𝒘𝒂𝒏𝒕𝒔 𝒕𝒐 𝒋𝒐𝒊𝒏 𝒕𝒉𝒆 𝑻𝒆𝒂𝒎 𝒐𝒇 𝒕𝒉𝒆 𝑨𝒖𝒔𝒕𝒓𝒂𝒍𝒊𝒂𝒏 𝑪𝒉𝒂𝒑𝒕𝒆𝒓, 𝒌𝒊𝒏𝒅𝒍𝒚 𝒎𝒂𝒊𝒍 𝒖𝒔 𝒚𝒐𝒖𝒓 𝑪𝑽 𝒘𝒊𝒕𝒉 𝒄𝒐𝒗𝒆𝒓 𝒍𝒆𝒕𝒕𝒆𝒓 𝒕𝒐 𝒍𝒆𝒈𝒂𝒍𝒘𝒊𝒏𝒅2021@𝒈𝒎𝒂𝒊𝒍.𝒄𝒐𝒎. We will be glad to have you with us on this journey.

(𝐍𝐨𝐭𝐞: 𝐓𝐡𝐢𝐬 𝐭𝐢𝐦𝐞, 𝐨𝐧𝐥𝐲 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚𝐧 𝐬𝐭𝐮𝐝𝐞𝐧𝐭𝐬 𝐚𝐧𝐝 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥𝐬 𝐚𝐫𝐞 𝐚𝐥𝐥𝐨𝐰𝐞𝐝 𝐭𝐨 𝐚𝐩𝐩𝐥𝐲. 𝐖𝐞 𝐦𝐚𝐲 𝐚𝐜𝐜𝐞𝐩𝐭 𝐩𝐞𝐨𝐩𝐥𝐞 𝐟𝐫𝐨𝐦 𝐈𝐧𝐝𝐢𝐚 𝐚𝐧𝐝 𝐨𝐭𝐡𝐞𝐫 𝐫𝐞𝐠𝐢𝐨𝐧𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐮𝐩𝐜𝐨𝐦𝐢𝐧𝐠 𝐝𝐚𝐲𝐬.)

Website: https://www.legalwind.org/

Our best wishes from India!

Thank You!