Articles
A Harsh Reminder Of ADM Jabalpur Case
"Today, there is no Emergency, yet the constitutional and basic rights of scores have been suspended in Jammu and Kashmir (J&K). Worse, the Supreme Court has virtually taken away their constitutional remedy to enforce those rights. Regrettably, the court has treated habeas corpus petitions in a most casual manner by justifying negation of the rule of law. Two episodes — though not directly connected — have left us searching for answers as to functioning of the court".
UAPA – Unlawful Arrest And Punishment Act ?
In 1962, the first meeting of the National Integration Council took place under the chairmanship of the then Prime Minister, Jawaharlal Nehru. Soon after the first meeting, the Council recommended that 'reasonable' restrictions be applied to the exercise of fundamental rights of the citizens in the interest of the sovereignty and integrity of the Indian State, and Parliament passed the 16th Amendment to the Constitution of India. The Amendment gave power to the government to put restrictions on...
Is Pakistan's Move To Take Kashmir Issue to International Court Of Justice A Lost Cause?
Since the Indian Government's decision to abrogate the special status of Jammu & Kashmir, Pakistan has tried every measure to Internationalize the issue. Islamabad restricted its diplomatic and trade ties with New Delhi, as well as dragged the issue to the UN Security Council. As announced by its foreign minister, Pakistan is now planning to take the Kashmir 'dispute' to the International Court of Justice. However, would such a move pass the test of the International Court's jurisdiction? ...
The Delhi High Court Order In P. Chidambaram v. ED: Three Thoughts
This week saw the arrest of a former Union Minister, P. Chidambaram, in connection with allegations of corruption and money laundering in what has popularly been called the "INX Media" case. In this post, I'm not interested in the arrest itself — the pageantry of which has already attracted much discussion — but the initial order of the Delhi High Court on 20.08.2019 which dismissed Mr. Chidambaram's plea for Anticipatory Bail and set the ball rolling [more on anticipatory bail generally, here]....
IBC - A Big Game Changer In Banking! (Part II)
In Part I, we have discussed about certain core fundamental competitiveness of IBC over other recovery laws such as Sarfaesi, DRT and Civil Courts. Now, we will dwell further upon other competitive factors which make IBC preferable recovery tool over other recovery measures. IBC – Separation of powers between commercial and judicial domains IBC separates commercial aspects of insolvency and bankruptcy proceedings from judicial aspects. Under IBC, the Adjudicatory...
The Trailblazer – Mr. Arun Jaitley
On a humid afternoon in September 1992, fresh off the boat and armed with a US law graduate degree and my resume, I did not know that the man who I was scheduled to meet will leave an indelible print on my life. It was the shortest job interview with a dynamic all of 39 years old lawyer who was setting the Delhi legal scene ablaze. I was utterly confused and yet dazzled by my encounter with a cucumber munching, incisive, fast speaking gentleman with quick as a wink decision making ability. I...
Arun Jaitley – A True Karmayogi : A Tribute by Justice Pratibha Singh
One never thought that the day to write this piece would come so soon. Our association with Jaitley sir (as I would fondly call him) is well known – though I have never been his junior or relative. He was like an elder in our family owing to Maninder's (Mr. Maninder Singh, Senior Advocate and former ASG) association with him spanning over more than 30 years. I met Jaitley sir when I started practising in the Delhi High Court in the early 90s, and was asked to brief him in many IPR matters. Sir...
IBC - A Big Game Changer In Banking (Part I)
The introduction of IBC was termed as the most powerful weapon in the hands of the bankers to reduce the frightening level of non-performance assets. It is expected that IBC will change the game plan of NPA Management in Indian banking space. The main objectives of the code were time bound reorganisation, maximisation of value of assets, promotion of entrepreneurship, availability of credit and balance interests of all stakeholders. The euphoria around IBC may prompt many to ask -...
The Myth And Reality Of Article 370
Article 370 has virtually ceased and is rendered redundant. The sound byte from top to bottom of the political rung was that since it was designed to be temporary, it has ceased. Reference in this regard is to the "Heading" given to Article 370. Some legal eagles also proclaimed that Article 370 is still existing with some "modifications and exceptions" as contemplated in Article 370(3). There can be no dispute that the provision is temporary or that it has not ceased ...
In Re: Jamaat-e-Islami, Jammu And Kashmir – Anatomy Of A UAPA Tribunal
In recent times, amendments to the Unlawful Activities Prevention Act (UAPA) that allow the central government to designate individuals as "terrorists", have been in the news. The amendments have been criticized on substantive grounds, on the basis that they vest too much unchecked power in the central government, and can enable social and political persecution. In all this, however, it is important to remember that the dangers of the UAPA are not just in its substantive provisions but in its...
Spare The Rod And Spoil The Child : Why India Is Not Yet Ready To Decriminalize Cannabis?
Cannabis use has been prevalent from times immemorial, especially in a place like India whether it is in the form of Ganja or Bhang. Cannabis can be used in several forms. It is often smoked as a dry, shredded green and brown mix of flowers, stems, seeds, and leaf. It can be smoked as a cigarette, in a pipe or bong, or as a blunt. A blunt is a cigar casing that has been filled with marijuana. It might also be mixed in food or brewed as a tea. A more concentrated form called hashish is...