Articles
New Section 17-A Of Prevention Of Corruption Act Promotes, Rather Than, Prevents Corruption
This Section has become the source of confusion and multifaceted interpretations with regard to its applicability to pending actions in respect of offences committed prior to the incorporation of new offences under Amending Act 16 of 2018. My humble endeavour is to steer clear of any lingering doubt in this area. Some of the propositions of law are too well known that they continue to be immutable. The law as it existed at the time of commission of the offence would govern the...
Lessons From Myanmar On Discriminatory Citizenship Laws And Genocide
The International Court of Justice has delivered a momentous verdict against Myanmar on the Rohingya genocide issue in a case filed by African nation The Gambia.This is a big blow to Myanmar's official stand which refused to acknowledge the very identity and existence of Rohingya Muslims. The United Nations top court held that Rohingyas were a "protected group" within the definition of the Genocide Convention, and issued provisional orders directing Myanmar to take steps for their protection.The...
Feigning Dispute Under Insolvency & Bankruptcy Code
Insolvency and Bankruptcy Code, 2016 (I & B Code in short) which is a consolidated Act dealing with reorganisation and insolvency of corporate persons, partnership firms and individuals in a time bound manner with object of maximisiation of value of assets and protecting interest of all stake holders. A Financial creditor/s or Operational creditor may make an application for initiating corporate insolvency resolution process, if the minimum amount of default committed by the...
Decoding The ICJ Order On Rohingya Genocide In Myanmar
Yesterday, the International Court of Justice issued its decision relating to the request for provisional measures in the case brought by The Gambia against Myanmar, relating to the Genocide Convention and the Rohingya. This order is the result of an application filed by The Gambia on 11 November 2019 at the ICJ. As I have previously written about the application, as well as days 1, 2 and 3 of the hearings held in December 2019, I will not recap the arguments raised but instead...
Challenge Against The Citizenship (Amendment) Act : Beyond The Basic Arguments
Thus far, the constitutional debate around the Citizenship (Amendment) Act has been framed around the following arguments: (a) does the grant of immunity and citizenship to a select group of migrants violate the principle of "reasonable classification" under Article 14, by virtue of the individuals and groups it excludes?; (b) does the selection of groups lack any "determining principle", and is therefore unconstitutionally arbitrary?; and (c) by privileging religious persecution over other...
Analyzing Section 44A Of CPC In The Light Of Recent Govt.Notification Declaring UAE As A Reciprocating Country
Section 44A of Code of Civil Procedure, 1908 encapsulates the principle of reciprocity, i.e. execution of foreign decree passed by a foreign country(reciprocating) in India and the manner in which it is to be done. The said provision is reproduced as under: 44A. Execution of Decress passed by Courts in reciprocating territory— (1)Where a certified copy of a decree of any of the superior Courts of any reciprocating territroy has been filed in a District Court, the decree may be...
UAPA Cases - Does The NIA Act Affect The Federal System?
NIA and Its Jurisdiction. National Investigation Agency was constituted by the NIA Act, 2008 (NIA/Agency) for the investigation and prosecution of offences affecting the national security, sovereignty and integrity of the nation. The Agency became well-known among the public as the investigation of offences under the Unlawful Activities (Prevention) Act, 1967 (the law of terrorism) is mainly done by it. UAPA is one of the Acts adhered to the schedule to the NIA Act. The Agency is...
Decoding The Enquiries Under Prevention Of Money Laundering Act, Customs Act Vis-A-Vis The Personal Liberty: (PART 1)
India is one amongst the country who is apart from transforming its own economy, is proving its mettle at the world's stage. The spine of an economy certainly depends upon its tax, revenue regimes, and allied economic policies. For a country to grow, it is equally responsible for its law enforcement agencies how do they deal with the alleged tax and duty violators. Many cases allege harrying, pertaining to the enquiries made by the Directorate General, be it under Prevention of Money...
How Governments Sidestepped Compliance With The Salwa Judum Decision
In July 2011, a panel of Justice B. Sudarshan Reddy (who was slated to retire from office that week) and Justice S.S. Nijjar declared the establishment of Salwa Judum unconstitutional and ordered that it be disbanded immediately. It also directed an immediate end to the deployment of the SPOs in counter-insurgency operations. The state and central governments were censured for their conduct from the time of the filing of the PIL in 2005.The state government was criticized for making misleading...
