Tag: Law School

Introduction

The protection of the environment is immensely vital for the survival of mankind. It helps maintain the ecological balance and preservation of the environment. Two terms are often used synonymously, i.e. environment and ecology. Ernest Haeckel, who is known as the father of Ecology, has defined ecology pollutants as a reciprocal relationship between organisms and their surroundings. The term ‘eco-system’ is derived from the word ecology and it implies, “an organic community of plants and animals viewed within the physical environment or habitat.” According to Justice P. N. Bhagwati, the former Chief Justice of India, the term ‘Environment’ refers to “all the conditions within and around an organism, which affect its behaviour, growth and development, or life processes, directly or indirectly.”

What is an environmental crime?

An environmental crime is any illegal activity that breaches national and international environmental law. The unlawful exploitation of the planet’s natural resources is a threat to the survival of all organisms on Earth. India has a very rich animal and plant heritage. There are 13,000 species of flowering plants, 65,000 species of fauna, more than 2000 varieties of fishes, 200 species of birds and 340 kinds of mammals.

Environmental Crime is also known as Green Crime or Green Collar Crime. It is a life and death issue all over the world. The crimes against the environment are connected with the unlawful exploitation of wild fauna and flora, pollution, waste disposal and its trade.

What is environmental pollution?

The term “pollution” is derived from the word “pollute” which means to make unclear or dirty. The release of substances and energy as waste products of human activities results in changes usually harmful to the environment is called pollution. According to Section 2(c) Of the Environment Protection Act, 1986, when Pollutants substances which mark their presence in the natural environment may be present in solid, liquid or gaseous form, defined as environmental pollution.

Environmental Pollution And Crime

Natural pollution is caused due to natural forces such as tsunamis, soil erosion, fire causing forest destruction, cyclone, acid rain, global warming, greenhouse emissions etc. Air Pollution, Water Pollution, land Pollution, noise Pollution, and radioactive pollution are also called aerial pollution, food pollution, thermal power plant pollution, sea pollution and
pollution caused by solid wastes, and acid rain pollutants are kinds of artificial pollution caused by human activities and this pollution is an example of environmental crime. Wildlife crime, illegal mining, dumping into oceans and other water bodies, illegal fishing, illegal logging, groundwater contamination, burning garbage, improperly handling
pesticides and chemicals, and oil spills are the most common environmental crimes. In the current world context Environmental crime is one of the paramount concerns of India as well as all over the world.

• Wildlife Crime: The term wildlife not only includes terrestrial and aquatic animals living in the forest but it includes all the living organisms and microorganisms living in their natural habitat. Illegal hunting and killing of animals are called poaching. Laos, Thailand and Myanmar, are the golden triangle of wildlife evil action and also a hub for illicit wildlife business. China is the largest importer of illegal animal products. Animals are captured alive and traded into zoos. Uganda is the home to hunting majestic elephants. Zimbabwe, Uganda and Kenya are the biggest countries in the world having poaching problems. Pangolin is the most hunted mammal in India and the world’s most trafficked mammal. Illegal trade of Indian star tortoise, rhino horns, tiger and leopard skins, and tusks of elephants.

•Dumping into water bodies: Water pollution has many reasons which include the discharge of industrial effluents and drainage of sewage. In India, rivers like Ganga, Gomti, Yamuna and Kaveri have become polluted and unfit for drinking purposes. The practise of dumping dead bodies in rivers is one of them in India. Hundreds of corpses have been found floating in the river or buried in the sand of river banks. Villagers in India are usually dependent on the river for drinking, irrigation and giving water to their animals which has become a slow torturous process. Wastes from shipping fuel and oil, off-shore drilling rigs, toxic substances like cyanide, acetylene, acids and alkali present in industrial liquid effluents, and inorganic substances like chloride and nitrogen, and dyes which are harmful to make the water unsafe and harmful for human health. Atomic reactors contain different kinds of radioactive substances which are very harmful to organisms.

•Illegal Logging: Forests are the lungs of the environment and help the process of transpiration and condensation. Trees help to purify the air by releasing oxygen through the process of photosynthesis. Forests provide wood, timber, fuel, medical herbs etc which have a great trade value for industries. The uncontrolled logging to get wood for furniture or other good, and the trade of timber and ivory for financial gain is the most serious cause of environmental crime. There are several movements to protect forests. Chipko Andolan and APPIKO Andolan are the famous ones. Chipko Andolan was launched by Shri Sunder Lal Bahuguna, a noted environmentalist in the early 1970s in protest against the indiscriminate cutting of trees and deforestation.

Protection of Environment – Legal Framework

The former Prime Minister of India Late Smt. Indira Gandhi, the credit goes to her who spread awareness about the preservation and conservation of the environment. She was inspired by the Stockholm Conference (1972) on Environment in which she had represented India. The two new constitutional provisions were inserted in the Constitution of India by the 42nd Amendment Act 1976. Article 48-A imposes a constitutional obligation on the State and the Courts to protect and improve the environment and Article 51-A(g) imposes a duty upon the citizens to preserve the environment.
The major acts passed for the protection and control of environmental crime are as follows:

The Water Prevention and Control of Pollution Act, 1974, The Air Prevention and Control of Pollution Act 1981, The Forest Conservation Act 1980, The Environment Protection Act, 1986, The Wildlife Protection act 1972, The Biological Diversity Act 2002, Batteries and handling rules 2001, recycled plastics manufacture and uses rules 1999, municipal solid waste management and handling rules 2000.

Some other statutory laws also contain provisions relating to the prevention and control of the environment. They are:

1. The Indian Penal Code 1860 (chapter- XIV Nuisance, Sections 268 – 278 in Section 290) provides punishment.
2. The Code of Criminal Procedure, 1973 ( chapter X, Part B- sections 133 – 143 and part C -section 144).
3. Atomic Energy Act 1962
4. Insecticides Act 1968
5. Factories Act 1948
6. Ancient Monuments and Archaeological Sites and Remains Act,1958
7. Public Liability Insurance at 1991
8. The Prevention of Food Adulteration Act 1954.
9. Indian Easement Act 1882.

Landmark Judgements

•Narmada Bachao Andolan v. Union of India (2000) 10, SCC 664 (767)
The Supreme Court has declared the right to have access to drinking water as a part of the right to life and human rights as enshrined in Article 21 of the constitution of India.

•M.C. Mehta v. Union of India, (1988) 1 SCC 471

The River Ganga Pollution Case. To prevent the river Ganga from being polluted in Kanpur due to the industrial discharge of effluents and sludge into the river the Supreme Court issued directions to the Municipal Corporation labour. Increase and widening of sewers, construction of a sufficient number of public urinals, preventing throwing of dead bodies, installation of treatment plants in factories, prevention of waste accumulated at dairies and generating awareness about the importance of cleanliness and a pollution-free environment for public health.

• Indian Handicrafts Emporium v. Union of India AIR 2003 SC 3240.

The Supreme Court held that trading in ivory is totally banned under chapter V-A and any person who has obtained a certificate from the chief wildlife warden under section 49-C (3) may keep possession of such property but cannot display it on any commercial premises.

•Samir Mehta v. Union of India 2014 SCC OnLine NGT 927, 17-04-2014 – Marine pollution case due to the ship sinking.
National Green Tribunal held that ship sinking accident has led to marine pollution. Therefore, environmental compensation of Rs. 100 crores were imposed. It is one of the biggest compensation ever made by a private entity to the Government.

Conclusion

Industrial and technological development lead to environmental-related problems in developed countries whereas undeveloped countries have problems because of poverty and over-population. The balance between Environmental Protection and development activities could only be maintained by the principle of sustainable development. The objective of sustainable development seeks to maintain and protection of biodiversity and enhancement of the quality of life. Thus, Development and environment, both are interdependent and therefore, there cannot be development without the protection of the environment, nor can there be conservation of the environment without development. The Environment Minister, Prakash Jawdekar on 5th February 2015, inaugurated the sustainable development summit in Delhi. He said that India is carried out to improve the lives of future generations and urged all the nations to work together to save the earth from disastrous consequences. If we want to save the earth, then come forward and contribute to protecting the environment for ourselves and the upcoming generations also.

“Ecology and human consciousness cannot be separated. Only because human
beings have become insensitive, we have to talk today about saving the world…”

This article is written by Ashmita Dhumas who has completed her B.A.LL.B from Agra College and currently doing a
diploma in Corporate Law from Enhelion.

INTRODUCTION

Intellectual Property (IP) is a kind of invention by a living being in form of literature, artistic, designs, symbols, names, and images in trading.

Intellectual Property Rights (IPR) are granted to the owner of Intellectual Property. These rights protect the property’s misuse by someone other than the owner. Having intellectual property has become common in the modern world. Protection of Intellectual property enhances the publication and its distribution. It helps in boosting economic growth.

To distinguish IP from other forms of property is its intangibility. IP can be owned and owners have the right to protect the property. When you are given rights to protect the property you are also given duties to be fulfilled. As we all know there are various kinds of IP that leads to different kinds of rights and duties in society so that all IPs can exist together. Any IP once sold by its first owner to the other then the first owner’s claim to the property is completed. With new technologies around the world, the new items are making it up to the IP. Facilitating fair trading and competition in the market.

Bajaj Auto Ltd v TVS Motor Company Limited¹ this case has been pending before the court for 2 years leading to losses to parties due to which Supreme Court ordered that cases must be resolved within four months of filling any such related suit.

Yahoo Inc. v. Akash Arora² this case was about the IPR on the internet, in the instant, the domain name of the defendant’s website was identical to that of the plaintiff due to which people can easily get confused. The general public may believe that both the name must have some sort of connection. The court observing the importance of domain name ordered the defendant to stop the usage of an identical name as it is essential for the company’s advantage.

SUI GENERIS

The term ‘Sui Generiss’ is derived from Latin meaning its own kind and in layman’s terms unique. In legal it means a control-free legal classification. Provides a set of laws to protect Intellectual Property Rights, allowing the provider of the invention must be protected and compensated for the contribution made to society. It can also be a law that provides protection to copyright, patents, trademarks, geographical indications etc.

The policy laid down by the Indian government in 2016 aimed at making citizens aware of intellectual property. To promote modernization, acceleration of commercialization, expansion of institutions specialized in IP and development of human skills.

Intellectual property can be classified as—

COPYRIGHT:- The property in tangible form in terms of literature, artistic, poems, novels, songs, and computer codes. The copyright gives one authority over the work and the owner is capable of deriving economic benefits like commercializing the use of work and receiving respect for his/her work. Copyrights are based on the creativity and originality of work. In India, the copyright is governed under Copyright Act,1957.

PATENT:- It is an exclusive right that is granted to the owner of the invention. Invention means a new way of making use of something, the machine-made for some purpose. In India, the patent is governed under Indian Patent Act,1970 providing the owner of the patent to make use, sell, controlling the patented subject. It must be registered for getting the sanction of license. A patent can be given up by the owner of the patent by surrendering.

TRADE MARK:- It helps us in the differentiation of one product from other products that have the same class. It helps one product stands out from other products. Giving protection to any symbol, phrase, design, or icon helps in the recognition of the product. It is protected under the Trademark Act, 1999 objective of protecting trademarks from misuse of trademark, expanding the usage of trademarks and reputation of a firm’s trademarks.

GEOGRAPHICAL INDICATION:- Name and sign of product based on its geographical location. The indication leads to the defining quality and process for the manufacturing of the product. Geographical indications are governed under the Geographical Indication of Goods Act,1999  in India. It aims at providing protection to the protection considering the interest of the owner. The product that is based on geographical location may be a natural hood, agricultural good or ingredients used in a product taken from that geographical location.

INDUSTRIAL DESIGN:- It aims at protecting visual design created with dimensional or two-dimensional figures or shapes, coloured, lined, textured, and material used.

PLANT VARIETY:- There must be a diversity of plants distinct in nature, offering material used for selling, and providing material for imports and exports.

TRADE SECRETS

Trade Secret is a kind of intellectual property that includes the process of working, formulas to programs, the pattern of work or confidential information that is financially valuable, only a limited number of people are familiar and viable steps must be taken to keep the concerned information a secret. Some examples of trade secrets include Coca-Cola Drink, KFC, McDonald’s etc.

The law based on intellectual property rights forbids others to disclose a trade secret to anyone who is not part of a firm or project or not allowed to know. Trade secrets can be technical in nature including formulas, codes for programming, commercially including advertising, and processes of making.

ORIGIN

The year 1977 saw the rise of Trade Secret in India when the government orders Coke to surrender the formula for Coke due to which Coke pulled out of the Indian market and re-enter the Indian market when the central government changed. India was part of the General Agreement on Tariffs and Trade (GATT) in 1984 as the concept of intellectual property was based on immediate disclosure, publication, and registering the innovation whereas trade secrets are meant to be kept secrets as the term suggests, therefore, India refused to include trade secrets.

In 1991 the liberalisation policy was introduced aiming at private and foreign investment. India was part of the Uruguay Round that leads to the introduction of intellectual property rules into multilateral trade and the treaty was called as Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994. Consequently, India became a member of the World Trade Organization (WTO) in the year 1995. As per the agreement, it makes it an obligation towards members of the organisation to protect ‘Trade Secret’. Later, India enacted laws to comply with the terms of the agreement.

With the passage of time, the issue became important and the need for the new law was felt, therefore, the Indian government introduced the National Innovation Bill 2008 aimed at providing a boost to innovations done either privately or publically and codification of set of laws for maintaining trade secrets. Soon, the bill disappeared in thin air. India ignored the subject till 2016 when ministerial-level meetings were held between the U.S.A. and India leading to the mention of the term ‘Trade Secrets’ in the National Intellectual Property Policy.

PROTECTION

The one who owned trade secrets must be responsible for keeping them confidential by both technical and legal measures. The owner must know the importance of trade secrets, and access to such codes, formulas, and data must be protected by stronger security.

Trade Secrets became more prone to the risk of getting misappropriated when a former trustable employee leave and was suspected of using economically valuable information for its own benefit. For the protection of the trade secrets of a company, there must be stronger laws that include the agreement of secrecy and for breach of confidence etc.

The agreement of secrecy was not considered to hold back the practice of trade³. There is always an agreement of confidentiality between employer and employee⁴.

In the instant case of John Richard Brady v Chemical Process Equipment Pvt. Ltd.⁵ the usage of the same information that is provided by the plaintiff to the defendant under the clause of confidentiality was used for the defendant’s benefit hence the confidentiality clause was breached leads to the liability of the defendant.

When secrets are shared among competitors then the competition would be unfair hence, a company that is unable to meet the satisfaction of consumers leads to a lack of promotion of new innovations. Secrets can be kept for a longer time without a bar of certain years will be applicable immediately or at the stated time.

INTERNATIONAL TREATIES

Paris Convention on Protection of Industrial Property,1883: The first treaty in favour of Intellectual Property Rights having 30 articles revised in 1967 aiming at equal treatment to IP of other member nations same to that of its own citizens, the owner may seek protection from more than one country and all countries must have some common rules regarding IPR.

Berne Convention for Protection of Literary and Artistic Work,1886: The original should be given protection instantly from the time stated an equal treatment must be given to all such works. The protection must be given to work in other member countries as well.

Universal Copyright Convention,1952: The treaty aims at national equal treatment for all IP minimum safeguards.

World Intellectual Property Organization,1967: With the objective of providing people with state cooperation towards international applications for intellectual property, technical assistance for issuance of the certification of  IP.

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),1994 recognises the international intellectual property dispute resolution and protection mechanism.

WIPO Copyright Treaty,1996 promotes the protection of computer programs, and data stored.

CONCLUSION

Even after so many laws to protect Intellectual Property the owner still suffers the loss by bearing the high legal cost of certification and other losses. Laws are just imposed so one might know the consequence of their action but someone will follow the laws that aren’t necessary so the owners of intellectual property still face many problems. Sometimes, people may use your work as their own without your knowledge and consent, but by the time you cane to know the value of the product diminishes.

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CITATIONS

1 2009 (12) SC 103

2 1999 (19) PTC (Del)

3 1967 AIR 1098

4 130 (2006) PTC 609 Del

5 AIR 1987 Delhi 372

This article is written by Simran Gulia of Maharaja Agrasen Institute of Management Studies.                                                                           

INTRODUCTION

India is one of the largest populous countries in the whole world with a lot of diversity within the population. Being a democratic nation, the elections are the most important part of the system. It can be told that the elections lie within the heart of democracy. Only through the elections, do people participate in public affairs and express their will in the democracy. Only through the elections, it has been possible in India to change the power from one party to another in a peaceful manner. The authority of the government gets clothed with legitimacy. However, holding free and fair elections is a sine qua non in a democratic nation.

Even after 70 years of the attainment of independence, India still suffers from global issues like poverty, illiteracy and inequality, etc. In addition to these, the Indian population group themselves as per the caste, religion, region and also gender. It would be a stupendous task to conduct periodic elections by encouraging a large-scale population to participate.

Time and again, Indian have reposed faith in the elections as the most potent means of non-violent and peaceful protest against all acts of omissions and commissions of Government. It can be said that the imposition of the elections has been more successful than many other liberal democracies in the world.

However, several anomalies in the election system’s operation have become apparent. The necessity to address such troubling circumstances has sparked a discussion in the nation over election changes. The Election Commission, which is endowed with the real authority of supervision, direction, and control of elections in the nation under the Constitution, has from time to time made tangible proposals/suggestions based on objective issues experienced during election administration. Politicians have expressed their desire for change via the platforms of parties and Parliament, including the different committees established for that reason. Governments have also taken corrective action in response to suggestions from different bodies. The reform process, as well as the discourse around it, has been nearly continuous.”

Election Commission of India

The Part XV of the Indian Constitution mentions the Elections and specifies Article 324 regarding the Election Commission i.e., The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).^[i]

The Election Commission comes under the Ministry of Law and Justice. The commission consists of a Chief Election Commissioner and two election commissioners. Elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils, and the President and Vice President of the nation are conducted by this organization. The Election Commission is governed by Article 324 of the Constitution and the Representation of the People Act, which was adopted later. Under the Constitution, the commission has the authority to act appropriately when existing laws are inadequate to cope with a particular circumstance in the conducting of an election. The Election Commission, like the country’s higher courts, the Union Public Service Commission, and the Comptroller and Auditor General of India, is a constitutional entity that functions with both autonomy and independence. It is a constitutional body that exists indefinitely.

Challenges in Electoral Politics of India

Due to the obvious massive amount of money that must be spent and a large amount of muscle power necessary to win elections, the elections are not being held under ideal circumstances at the moment. The following are the key flaws with the Indian election system:

• Money Power:

Candidates in each seat must spend millions of rupees on campaigning, publicity, and other expenses. The majority of contenders spend significantly more than the permitted amount. The elections weren’t costly till 1952 when compared to the present days. Politicians used to think that it was unethical to work for a reward. But now the scenario has changed. In India, the implementation of planned and mixed economies with a high level of control, regulation, licenses, permits, and quotas gave significant chances for political corruption and resulted in an immoral relationship between electoral politics and the country’s corporate sector. Despite the liberalized economy caused to the country’s political system, this seems to be continuing today with much more devastating repercussions of an overflow of illicit money into the corridors of political parties. Elections in India are so far away from the average person that only individuals with a lot of money may run for office as a candidate since voting is no longer a reliable indicator of public opinion. It’s being purchased.

At present, candidates participating in MP elections spend Rs. 15 to 25 lakhs and candidates participating in the MLA elections is Rs. 5 to 10 lakhs. Any amount spent more than that is being considered corrupt practices as per the Supreme Court of India. It has elucidated as follows:

The object of the provision limiting the expenditure is twofold. In the first place, it should be open to any individual or any political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well-financed it may be, and no individual or political party should be able to secure an advantage over others by virtue of its superior financial strength.

In the case of L.R. Shivaramagowde v. P.M. Chandrasekhar^[ii] the supreme court stated, “If the account of election costs provided by the candidate is determined to be erroneous or misleading, the Commission has the authority to disqualify the candidate under Section 10A of the Representation of the People Act, 1951″.^[iii]

• Muscle Power:

Muscle strength is mostly responsible for violence, pre-election intimidation, post-election victimization, riggings, and booth capturing. These are common in many regions of India, and the sickness is progressively spreading throughout the nation. Criminals are able to win elections for their patrons by resorting to violence.

• Misuse of the Machinery of Government:

When a government is in power during an election, it is often noted that the official apparatus is used to help the electoral chances of its party’s candidates. Misuse of official machinery takes many forms, including the publication of ads at the expense of the government and the public exchequer publicizing their accomplishments, payments from ministerial discretionary funds, and the use of government cars for canvassing. The abuse of official machinery in this manner offers the governing party an unfair advantage during elections, resulting in the misuse of public monies to help candidates of a certain party advance.”

• Criminalisation of Politics:

Criminals join politics and guarantee that money and brute power win them elections, preventing the prosecution of their charges. Political parties are also content as long as they have candidates who can win elections. In exchange for cash, political parties cast criminals in elections and provide them with political patronage and security.

• Independent candidates that aren’t serious:

Serious candidates run non-serious candidates in elections to cut down on the number of votes that would otherwise go to competitor candidates.

• Casteism:

Certain caste groups have been known to offer considerable support to political parties. As a result, political parties make concessions to various caste groupings, while caste organizations strive to push parties to provide tickets for their members’ elections. Caste-based voting is common in the nation, and it is a significant blemish on democracy and equality. This causes schisms in the nation.

• Communalism:

The Indian political culture of pluralism, parliamentarians, secularism, and federalism is in danger of communal division. In the linked article, you may learn more about communalism.

• In politics, there is a lack of moral values:

In India, political corruption has turned politics into a business. People join politics in order to make money and maintain their wealth and influence. Few politicians join politics with the intention of improving the lives of their constituents. In India’s political arena, Gandhi’s virtues of service and sacrifice are absent.

Electoral Reforms in India

To overcome the challenges in the electoral system, electoral reforms are brought in by the suggestions of the Law Commission and National Election Watch. The following are a few reforms mentioned below:

The electoral reforms can be divided as follows:

Reforms made Pre-2000:

1. Reduction of voting age:

In the 61^st Amendment of the Constitution, the voting age has been decreased in India from 21 years to 18 years (Article 326).^[iv]

2. EVM introduction:

Electronic Voting Machines have been introduced in 1982. Its usage has been first present in Pakur village, Kerala. The amendments have been made to the Representation of People Act 1951 which has made provisions to the EVMs to Sections 61A.^[v] They were initially used in Madhya Pradesh elections in 1998, followed by assembly elections in Delhi and Rajasthan. Its arena was eventually dispersed around the country. EVMs are now at the forefront of elections, and they are unavoidable.

3. Disqualification on conviction for violating National Honours Act, 1971:

If convicted of breaking the National Honours Act of 1971^[vi], the individual would be barred from standing elections to Parliament and state legislatures for a period of six years.

4. Contesting from more than two constituencies is prohibited:

A candidate may only run in two constituencies at a time.

5. A contending candidate’s death:

The election had already been postponed due to the death of a contending candidate. No election will be annulled in the future due to the death of a contending candidate. If, on the other hand, the dead candidate was nominated by a recognized national or state party, the party concerned will be given the opportunity to nominate another candidate within seven days of the Election Commission issuing a notification to that effect to the party concerned.

6. The Arms Act of 1959^[vii] makes it illegal for anybody carrying a weapon to approach a voting place. Anyone detected in possession of weapons near the voting booth might face a penalty of up to two years in prison.

7. The employees of organisations get paid holiday during the poll days and it is punishable by a fine in case of violation.

8. Sale of Liquor:

A 48-hour ban on liquor will be imposed near the polling areas. No intoxicants will be allowed for sale till the conclusion of the poll.

9. Bye-elections’ time limit:

Bye-elections shall henceforth be conducted within six months after the occurrence of a vacancy in either House of Parliament or State Legislature. 

10. Election Commission Delegation:

For the duration of their employment, all workers involved in the preparation, revision, and correction of electoral rolls for elections will be regarded on deputation to the Election Commission and will be overseen by the Election Commission.

11. The Increase in proposers and security deposit:

The number of voters necessary to sign as proposers in nomination papers for elections to the Rajya Sabha and State Legislative Councils has been increased to 10% of the electors in the constituency or ten such electors, whichever is fewer, primarily to discourage frivolous candidates. To deter non-serious applicants, the security deposit has been increased.

12. The campaigning time has been shortened.

Post- 2000’s Electoral Reforms:

• Postal Ballot:

Service voters, special voters, spouses of service voters and special voters, voters under preventive detention, voters accountable for election duty, and Notified voters were among the six categories added to the postal ballot in 2013. The Electronically Transmitted Postal Ballot facility was provided to qualified foreign voters in 2020, in order to increase the number of voters, which had decreased during the year.

• Election spending cap:

Currently, there is no cap on how much a political party may spend on an election or a candidate. However, the Commission has set a spending limit for individual candidates. It costs between Rs. 50 and Rs. 70 lakhs to fight a Lok Sabha seat (depending on the state they are from), and between Rs. 20 and Rs. 28 lakhs to win an assembly election.

• Voter education:

 The government has made initiatives to improve voter education by designating January 25th as ‘National Voters Day.’

• Restriction of Exit Poles:

Exit polls were banned in 2010 when Section 126(A) of the Representation of Peoples Act, 1951 was introduced.^[viii]The Election Commission issued a declaration banning the broadcast of exit polls before the 2019 Lok Sabha elections. They said that exit polls may only be televised after the election’s final phase. This action was done to ensure that voters were not deceived.

• Every applicant is required to disclose their criminal history and assets. The candidates must reveal their criminal history thrice before an election, once in a national daily newspaper and again in two different regional language newspapers, and lying in the affidavit now carries a penalty of six months in jail, a fine, or both.

Conclusion

India’s Parliamentary system has been a successful standing example for emerging democracies. The elections are considered the heart of democracy. The people have vested their faith in the elections, as they get to choose their own representatives. However, there are many factors affecting the outcomes of the elections. There are many negative impacts on the voting population which decide upon whom they vote for, as aforementioned. Many reforms have been passed to make the electoral system a better version and to run in a free and fair manner. However, there are still a few flaws in our electoral system like candidates with criminal backgrounds being able to participate as representatives. There isn’t any provision that prevents them from participating in elections.

According to the Association of Democratic Reforms, “29% elected members of 17th Lok Sabha to have criminal cases of rape, murder, attempt to murder and crime against women. Since 2009, 109 per cent has increased in the number of MPs with serious criminal cases. In the 2014 Lok Sabha elections, 185 winners declared criminal cases against themselves. The political parties have become a shelter home for criminals. Now, criminal representatives of the legislative are involved in rule making process. This is a serious issue before electoral reforms. There is no legislative action to prevent criminal politicians from rule making process. Booth capturing, violence, pre-election intimidation, and victimisation are mainly the product of muscle power. However, the Apex Court has issued an order in 2003 that candidates must file an additional affidavit stating (i) information relating to all pending cases in which cognizance has been taken by a Court, (ii) assets and liabilities, and (iii) educational qualifications.”

There is an urgent need to make stricter laws like the Anti-defection law for preparing India to have free and fair elections and prohibit the candidates who perform malpractices to win the elections. The EVMs must also be taken care of, as there are many situations in which the machines have malfunctioned and benefitted the winning party.

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CITATIONS

[i] The Constitution of India 1950, art. 324.

[ii] L.R. Shivaramagowde v. P.M. Chandrasekhar, 1998 Supp (3) SCR 241.

[iii] The Representation of People Act 1951, s. 10 A.

[iv] The Constitution of India 1950, art. 326.

[v] The Representation of People Act 1951, s. 61 A.

[vi] National Honours Act 1971.

[vii] The Arms Act 1959.

[viii] The Representation of People Act 1951, s. 126 A.

This article is written by K. Mihira Chakravarthy of Damodaram Sanjivayya National Law University.

INTRODUCTION

‘Freedom of Press’ finds its origin in Article 19 of the Indian Constitution. It is derived from the freedom of speech and expression mentioned in the same article. ‘Freedom of Press’ is literally for the people who are responsible for providing information around the globe to citizens without any discrepancy. All institutions that are responsible for gathering and transferring news to the general public comes under the definition of the press. A free press plays a vital role in a democratic country like India and helps in sharing ideas, opinions, and comments, about the issues that involve the interest of the general public.

HISTORY

The invention of new technology of printing media enhanced the opportunities for people to know the happenings around them and in Raja Ram Mohan Roy’s words “looking for truth through the light of discussion”. In India the first newspaper was founded in 1780, Hickey’s Bengal Gazette, thereafter in 1822 India’s first Persian newspaper was published—Mirat-Ul-Akbar. The newspaper was written in Persian as it was known in courts of law and can reach the policymakers of the country.

In India, at the time of British rule, censorship of the newspaper was introduced.

Licensing Regulation, 1823 requires a license for the press. 

Licensing Act, 1857 imposed many restrictions on the publication of any printed material.

Vernacular Press Act 1878 was enacted to prevent press freedom so that policies framed by Britishers do not face public criticism.

Indian Press Act, of 1910 was framed to censor all kinds of print media.

FREEDOM OF PRESS

There is no separate article that provides for freedom to press separately. It is covered under Article 19 of the Indian constitution stating the right to speech and expression. Under this article, people are free to express their opinions, suggestions, and ideas regarding the issues of general importance obviously subjected to certain restrictions.

It was believed that freedom of the press is a mere exercise of freedom of speech and expression by the editor of a newspaper or magazine therefore, no special mention of freedom of the press is required.

Indian Express Newspaper  v. Union of India ^[1]  it was held that the mention of the term ‘freedom’ in the article means free from the interference of any government authority in the circulation of the newspaper. The purpose of the press is to provide information to the general public based on facts and create opinions in minds of the general public so that they can take part in decision-making.

In Ajai Goswami v. Union of India ^[2], a petition was made before the court to Request the issue of guidelines by the government regarding the publishing of sexually exploiting material in newspapers whether obscene or not. The court rejected the petition on the ground that the content published must be based on the nature of an ordinary man, not on a hypersensitive or ordinary person for that matter. Ban can’t be done solely based on the sensitivity of someone.

The imposition of censorship prior to its publication can’t be done as held in Brij Bhushan v. State of Delhi ^[3]. Prohibition on the publication of views and opinions in newspapers violates the right to speech and expression.

The government of Madras exercising its power under Section 9 1-A of the Maintenance of Public Order, 1949 issued an order prohibiting the circulation of journals in that state. The state’s action was challenged in Romesh Thapper v. State of Madras ^[4] court held that freedom of speech and expression comes with the freedom to propagate ideas and banning a circulation is necessary to ensure the liberty of sharing ideas.

In 1962 government passed a Newsprint Control Order that fixed the maximum number of pages that could be published was challenged in Bennet Coleman and Co. V. Union of India ^[5] claimed that it violated Article 14 and Article 19 of the Indian constitution. Court held that freedom of the press is both qualitative circulation and quantitative- content. Increasing the circulation by reducing the content is not justified.

The press has the right to criticize government actions but cannot persuade the general public against the government which could lead to riots. In the case of Sahara India Real Estate Corporation LTD v. SEBI ^[6]  was held that it was the right of the media to report the proceedings of the case and must submit faithful reports. Article 361 of the Indian constitution provides for the publishing of reports of parliamentary proceedings.

Indian Press ranked 150^th out of 180 member countries of the World Freedom Press Index in the year 2022. The data is taken for ensuring the level of freedom the press enjoys. The violence that happens against the press should be the main concern of the Indian government. It was also claimed that the media is dominated by powerful leaders around the country. All these claims got justified as last year’s rank of 142 falls to 150.

IMPORTANCE

The press helps in the exchange of ideas around the world. It helps in enlightening people about the events which happen but are just ignored as a minimal thing. It creates awareness among people and allows the general public to voice their opinions and suggestions. It’s like a pillar of democracy that works alongside the organs of the government. If anyone or any public body violates the right of the general public by being in an upper position, the press can help by acting as a medium that protects poor people from the hands of corrupt officials.

As per the data, India is one of the largest markets for newspapers over 240 million copies are produced each day. It gives a gist of citizens about political, social, and economic development in the country and the outside world.  

Indian media was criticized for its control by popular and powerful people. In 2015, when Nepal face nature’s wrath INS the form of an earthquake that decimated parts of the country, a slogan was raised ‘Go Home Indian Media’ despite the Indian government’s help to victims of the earthquake. Delhi CM Arvind Kejriwal advised having a public trial for Indian media. Arun Jaitley, the late cabinet member stated that despite there being thousands of channels, there was still an inadequacy of facts.

NEED FOR EXTERNAL REGULATIONS

At present date, Freedom of Press is governed by the Press Council Act,1978. This act provides for the creation of a body that consists of 28 members that have the power to censure the content written by journalists, ensure their independence, fostering a sense of responsibility among citizens. However, the Press Council of India seems to lack the authority to penalize the violators, it is just like while writing news one should keep a check pf these guidelines but if not followed you can’t take any action against them.

The press has surely gained popularity with the advancement of technology. But still, the press often overlooks the thin line of difference between authenticity and inaccuracy of facts. This only results in the downfall of the media. Freedom without restriction leads to inaccuracy, credibility, of situation. Restrictions such as

To reduce the problem of inaccuracy— there is felt a need for external regulations.

1. The acts passed regarding press laws must keep a check for powers of the press must not be misused.
2. The press must not take advantage of influencing people.
3. In the corporate world authenticity of news cannot be trusted.
4. Review the material before publication.
5. Paid news has resulted in no or less independence among the press.
6. The hunger for Television Rating Points (TRPs) results in only covering more of less important topics.

MEDIA TRIAL

Media trial is facts of the case designed by the press and presented to the general public to seek their opinions on the said matter. It is not prohibited in India, it influences the views of people on the case. In Jessica Lal’s murder case a female bartender refused to serve liquor as the bar was closed but she was shot dead in New Delhi. Many people have suspected this case went through a media trial.

The recent case of the death of famous actor Sushant Singh Rajput in his apartment was tried by the media whereas the High Court of Bombay held that a trial by media influences the media leads to delay in justice.

This may lead to criminal contempt of court by any resource that may reduce the power of courts over the matter and may interfere in proceedings.

CONCLUSION

Though Freedom of Press is not literally mentioned in the Indian Constitution its traces can be found. We are free to share our ideas, opinions, and suggestions, with each other. But every right comes with responsibility, protecting sovereignty and integrity of the state, must not say, write anything that may trigger violence in society, must not act indecently, or do something that may harm the relationship between India and foreign countries. Anything without restriction could cause chaos in society. Freedom to Press must be given but the government must keep a check on the freedom given so that press may not oversteps its boundary.

CITATION:

1. 1986 AIR 515
2. AIR 2007 SC 493
3. AIR 1950 SC 129
4. AIR 1950 SC 124
5. AIR 1973 SC 106
6. (2013) 1 SCC 1

This article is written by Simran Gulia a BA LLB student from Maharaja Agrasen Institute of Management Studies.

About the Company

LTI (NSE: LTI) is a global technology consulting and digital solutions Company helping more than 400 clients succeed in a converging world. With operations in 32 countries, we go the extra mile for our clients and accelerate their digital transformation with LTI’s Mosaic platform enabling their mobile, social, analytics, IoT and cloud journeys. Founded in 1997 as a subsidiary of Larsen & Toubro Limited, our unique heritage gives us unrivaled real-world expertise to solve the most complex challenges of enterprises across all industries. Each day, our team of more than 33,000 LTItes enable our clients to improve the effectiveness of their business and technology operations and deliver value to their customers, employees and shareholders.

About the job

Title – Regulatory Compliance (CA Background)

Location – Powai, Mumbai

Job Description

Responsibilities would include:

Independent Management of LTI subsidiaries –  

• Ensuring quarterly/regular Board meetings, agendas, drafting minutes, action points, updation of registers, quarterly filing of Forms. 
• Secretarial/Compliance Audit of subsidiaries- data compilation/filling secretarial compliance checklist and ensure smooth conduct of secretarial/compliance audit  
•  Compliances- Annual & interim Disclosures of Directors, coordination & Filing of APR (overseas subsidiaries) and other MCA & RBI compliances. 

Independent Management of LTI Branches- Updation of records/ compliances, renewals of registration and licenses 

Assistance for LTI- Board & Committee Management: Assist in meeting calendar, Conduct of Board & Committee Meetings, preparing draft agendas, minutes and updating records.  

Independent Management of LTI-Investor Services: 

o       Oversee, monitor & coordinate with RTA on various investor services –timely resolution of investor complaints & requests; and  

o       Coordination with RTA for different corporate actions- Dividend processing & Management, voting, Postal Ballot, ESOP and for reporting are with Stock Exchanges. 

ESOP Management – Implementation of ESOP Schemes in coordination with HR and L&T ESOP Cell- Email Notification for Exercise period, allotment & corporate action and listing of exercised vested options, filing with ROC & RBI and updation of shareholder records. 

Monitoring of Insider Trading compliances- MonitoringInsider trading reports, track and ensure approvals, timely disclosures, updation of insider list & coordination with HR on entry & exit, facilitating and ensuring awareness of emails  

Compliances of RPT– monitoring and updation of list of RPs and coordination with Finance team for monitoring & control of RPTs & reporting for Audit Committee presentation 

LTI Board Management– Tracking of Directors attendance, commission structure, provision and payment of fees/Commission and their annual and interim disclosures. 

Statutory Quarterly and Event related filings/ disclosures with MCA & Stock Exchanges.  

Projects- Lead LTI Annual Report Compilation– Benchmarking & tracking requirements both regulatory & strategic, planning timelines, coordination, compilation, reviewing and getting same finalized through internal stakeholders, Management and outside agencies -printer, designer, layout, proof reading, final sign off from internal stakeholders and publication and dissemination. 

 Projects- Lead Shareholders Meeting– Convening of AGM/EGM- Planning activities, booking venue-offline/virtual, coordination with internal & external stakeholders, dealing with speaker shareholders, Q&A, Chairman report and related disclosures.    

LTI- Strategic: Assist in M&A related and Scheme matters, where assigned. 

 M&A: Assistance towards due diligence during acquisition, closure activities- Change in ownership/ management/ transfer/ minutes/resolutions/ updation of registers, post closure action points- SPA related secretarial compliances, ROC forms, intimation to authorities, Authorizations.  

Merger/ Schemes- Assist in review of Scheme related documents, coordination with inter-department stakeholders for information, lawyer and agencies related to documents, review, execution, hearing and closure & regulatory filings. 

Standardization/ Automation/SOP of Processes overseen 

Budgeting: Maintenance and overseeing of budgets for the projects overseeing.  

Updation & Impact assessment of changes in law/compliances in areas of work. 

Secondary Accountabilities

• Inter-departmental Support- Advisory related support to CSR /Finance/ Business (RFP/ RFIs) 
•  Support gap/ team for secretarial compliances/ ongoing projects 
• Support Management with MIS reports- ESOP, Directors remuneration, benchmarking of industry practices 

To set up an interview:

Pls Contact – Tanveer Alchi

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The Parliament put an end to all the speculations as it announced that there will be no Winter session for the Parliament due to the outbreak of the Coronavirus pandemic. All political parties have favoured the scrapping down of the session in order to curb Covid spread and would straight away be jumping to the Budget session that takes place in January as per the information received by Parliamentary Affairs Minister Pralhad Joshi. 

The news was confirmed through the means of a letter on Monday which was in response to Congress leader Adhir Ranjan Chaudhary’s demand for a session so that the new farm laws could be discussed owing to its controversial nature as the massive farmer protests have taken over the highways near Delhi. Stress was laid on the need to amend these laws that have been forced through Parliament by the government. 

The justification provided in the letter for not holding the Winter session of the Parliament was said to be in support of the cases of coronavirus which have seen an increase in the winter months and therefore it was crucial to take steps in order to manage the pandemic.

“It would be appropriate to have the Budget Session, 2021 in January, keeping in mind the unprecedented circumstances created by COVID-19 pandemic (sic),” the letter said.

It was decided that since it was the middle of December and the vaccine is supposedly going to come very soon thus all the floor leaders of various political parties were expressing concerns over the increase of the pandemic and they were of the consensus that the Parliament should do away with the Pandemic. 

However, since the Parliament will be now meeting for its Budget session in 2021 which is expected to be held in the last week of January before the budget is announced on the first of February. 

The decision to scrap down the winter session also came forth after the Monsoon Session had to be cut down because many members of Parliament had contracted the Coronavirus disease. Since a large figure of the parliamentarians is elderly it naturally made them more prone to the coronavirus and this is also one of the reasons that had to be considered.

Was The Congress not consulted in making the decision? 

Though the Parliamentary Affairs Minister made it clear through a letter to the Congress that all political parties were in favour of not holding a winter session in order to avoid further Covid spread and would directly beholding the budget session in January however Congress has said that it was never consulted in the first place

Does the scrapping down of the Winter Session have anything to do with the controversial farm laws? 

The monsoon session was held in September after a long delay yet was considered to be one of the most productive sessions as there were 27 bills that were passed in the continuous sittings that were held by the parliament. 3 farm laws which have sparked the current protests were also passed during this session and though the justification given by Parliament for scrapping down the winter session was to curb the spread of the virus however in the opinion of Congress’s Lok Sabha leader Mr Chaudhary the letter addressed to him was actually a way of the government to get away with the mess that has been caused because of the current farmer protests.

Another senior Congress leader Mr Ramesh also tweeted that the government was actually “departing from the truth” and the Leader of Opposition in the Rajya Sabha, Congress Member Ghulam Nabi Azad had actually not been consulted before taking the decision of scrapping down the winter session this year.

Several Congress leaders have demanded that a session be held in the Parliament with necessary precautions at the earliest because they were various concerning issues involving the country that needed to be discussed with included the economy, the situation with China as well as the farmer protests.

Since 17 members of the Lok Sabha and 8 members of the Rajya Sabha had tested positive before the session started and many other members of Parliament who had tested negative initially later contracted the virus during the monsoon session is the reason why the Parliament was of the opinion that it was best to do away with the winter session for this year.

Not being able to hold the winter session owing to the pandemic situation in a time when there is a lot happening in the country that needs to be discussed and addressed can definitely be termed as a crisis that the country is dealing with due to the Covid-19.

Report By- Alifya

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In a petition filed before the Orissa High Court regarding the circulation of offensive videos on social media websites or applications. The Habeas Corpus petition was filed by the father of the girl. The girl (the petitioner here) who was being harassed by one of the respondents circulating some of her offensive videos on social media had been rescued. 

The petitioner has mentioned in her application that she had filed an FIR before the inspector at the Jagatpur Police Station, Cuttak, but it still was not registered and neither any action was taken against the accused. In a similar case adjudged by the single bench of Justice SK Panigarhi, the court noted that the petitioner was on the receiving end of abuse and unabated mental torture, and thus rejected the bail application of the accused. 

The court directed the police to take cognizance of the matter as soon as possible and examine the FIR. And look if the case has not already been registered. If it is, then take up further investigations and raid the house of the accused is required. 

The court in its observations also noted that young people especially women are usually on the receiving end of the of harmful abuses and torture and any accused would secretively outrage the modesty of the woman concerned if the right to be forgotten is not recognised sooner. 

Report By- Tanuj

The High Court of Madras has recently granted relief to a lawyer by setting aside the order of a Principal District and Sessions Judge who had found him guilty of the usage of unparliamentary words in the virtual proceedings of the court. (G Samwell Rajendran v. The Principal District and Sessions Judge, Thoothukudi).

Facts of the case

Advocate G Samwell Rajendran was appearing before the Principal District and Sessions Judge virtually through a WhatsApp video call for an application of bail of his client when he suddenly started uttering certain unparliamentary words. This was observed by the learned Public Prosecutor, Stenographer, Protocol Officer and System Analyst. On this, the learned judge issued a show-cause notice under section 228 of IPC r/w section 345 of Cr.P.C. through email to the advocate concerned and the latter replied by email as well. The learned judge was not satisfied by the email received, and imposed s fine on the advocate of Rs. 200 and referred the matter to the Bar Council, against which the Advocate has filed for a revision this revision case. 

Arguments

The learned Principal District judge of Thootukudi reported that the advocate had during the virtual proceedings of the court had uttered the usage of some unparliamentary words which are unacceptable and cannot be brushed aside. Further, he noted that there is no dispute over the facts and the appellant was given the opportunity to file his reply through mail indicating sufficient time, which the court found unsatisfactory. 

On the other hand, the appellant had mentioned in his reply that because of poor signals he was attending the virtual proceedings in his car and someone had very rashly driven and caused scratches to his car. And in the spark of that moment, the appellant had abused the driver. The appellant had no intention to disrupt the proceedings of the court or insult the court of law. The appellant has further mentioned that he was not given the opportunity for a physical hearing and he, not being accustomed to the technology found a typographical error in his reply. Instead of writing, ‘this would not occur in future’, the judge mistakenly must have misunderstood ‘it would not occur in due course’. Moreover, he also submitted that even after paying the fine, the learned Principal District Judge had referred the matter to the Bar Council. 

Judgment

The high court mentioned in its judgment that considering the fact that the virtual courts have been introduced for the conduction of proceedings and that the appellant had extended his apology, the order of the district court must be set aside along with the fine being refunded to the appellant.

Report By Tanuj

The Supreme Court in its judgement recently held that it had now been made permissible to switch a charge that was under Section 149 of the Indian Penal Code into a charge that was under Section 34 of the Indian Penal Code if the facts prove that the crime was actually committed in the furtherance of an intention that was common.

[THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS.V. SHAJI POULOSE & ORS]

The bench comprised of Justices  SN V Ramana, Surya Khan and Aniruddha Bose and it observed that Sections 211 to 224 of criminal procedure code give significant flexibility to courts for altering or rectifying the charges as these sections deal in the framing of charges in criminal trials.

The bench while giving the judgement quoted the dictum laid down in the case of Karnail Singh v State of Punjab (1953). It had been held in this case that 

“…if the facts to be proved and the evidence to be adduced with reference to the charge under Section 149 would be the same if the charge were under section 34 then the failure to charge the accused under Section 34 could not result in any prejudice and in such cases the substitution of Section 34 for Section 149 must be held to a formal matter.” 

The bench also made observations that even when the Sections 34 and 149 of the Indian Penal Code are both modes for apportioning vicarious liability on either individual members of a group there actually exists some important differences between the two provisions and Section 149 of the Indian Penal Code has been formulated to assign liability on the basis of membership of an unlawful assembly however Section 34 requires such active participation and a prior meeting of minds so that the section can be proved. Such common intention, however, is in reality usually referred to indirectly on the basis of the conduct of the individual and it is very rarely done with the help of direct evidence.

What do Sections 149 and 34 of the Indian Penal Code provide?

Section 149 of the Indian Penal Code provides for the vicarious liability of members who engage in an unlawful assembly for the crime committed by any member of the assembly for the furtherance of a common object and also makes such persons liable for the same punishment. The prerequisite required for invoking this section is that there should be more than 5 or at least 5 persons in the assembly.

Section 34 of the Indian Penal code, on the other hand, holds that whenever a criminal act is done by several persons in the furtherance of any common intention that is held by each one of them then each of such person is liable for that act in the same manner as if it was done by either of them alone.

In the present case, the Supreme Court was actually dealing with a situation where 3 out of a group of 7 persons who had been accused under section 307 of the Indian Penal Code which provides for an attempt to murder had been acquitted. Since the number of convicts under the assembly had now become less than 5 hence the application of Section 149 was not possible in the present case the issue, therefore, arose before the court as to whether it was lawful if the court could make the use of Section 34 of the Indian Penal Code that is the common intention in order to ascribe criminal liabilities to members of the group.

What the Supreme Court opined- 

With the reference made to various precedents, the Supreme Court came to the conclusion that Section 34 of the Indian Penal Code could be used in such a situation if the common intention had already been proved.

The Supreme Court was of the decision that the appellants  had not suffered any unfavourable effects when three of them had been held individually guilty for the offence by the Punjab and Haryana High Court for attempting murder without the aid of Section 149 of the Indian Penal Code thus on the said facts the Supreme Court was of the opinion that the requirements of Section 34 of the Indian Penal Code had been well established in the present case as the attack was apparently premeditated. 

Consequently, the conviction of the appellants under section 307 of the Indian Penal Code for the attempt of murder was thus upheld.

Report By-Alifya Kasimuddin

An interesting dauntless move made by the Principal Sessions Judge Abdul Rashid Malik in 

Sheikh Salman v. JKUT through SHO P/S Saddar, Srinagar

He stated that he gets a mobile call at 9:51 in the morning from the Secretary to Justice Javed Iqbal Wani of the Jammu and Kashmir high court when the bail plea moved by one Sheikh Salman was condemned to be heard. the contents of the call made by Tariq Ahmad Mota, Secretary to Justice Wani, were:

 “I have been directed by the Hon’ble Mr Justice Javed Iqbal Wani to convey you to make sure that no bail is granted to Sheikh Salman. If there is any Anticipatory bail pending, the direction is the same.”

 Ad rem, the president for Jammu and Kashmir High Court Bar Association (J&K HCBA)  Mian Abdul Qayoom is the father-in-law  Of Justice Javed Iqbal Wani.

Mr Qayoom was arrested during the clampdown launched last year, ahead of the Centre’s move to revoke J&K’s special status. Mr Qayoom was upheld in detention under the stringent Public Safety Act (PSA) and his release was opposed by Justice Wani, as government’s advocate.

The applicant in the case was alleged to be accused of being punishable for attempt to Murder, Wrongful restraint and Hurt which are covered under sections 307, 341 and 323 of the Penal code.

Mindfulness of a person’s right to liberty Abdul Rashid Malik took a courageous step

He directed in an order dated December 7 that the bail application be submitted to the Registrar Judicial of the High Court, and requested that the same may be placed before the High Court Chief Justice Gita Mittal 

 On 11th of December The bail application was further directed to Additional District and Session Court, The accused was granted the anticipatory bail in the same.

 Ad rem, In view of the retirement of the Chief justice Gita Mittal, Justice Rajesh Bindal has been appointed by the President as the Acting Chief Justice (CJ) of the Jammu and Kashmir Court

Report By Anjali Singh