Articles
India Begets Its First Lokpal, And How - Hitherto Unopposed And Virtually Opaque?
From being recommended by the First Administrative Reforms Commission back in 1966, from as many as eight failed attempts at a legislation up till 2011, to crusader Anna Hazare's hunger-strike the same year that effectively set the Parliament in motion, to the law eventually seeing the light of the day in January, 2014, and after battling it out at the apex court for nearly five years hence, on Saturday India got its first Lokpal chairperson in former Supreme Court judge Justice Pinaki Chandra...
Checking Ethical Dilemma For Litigation Funding In Indian Context
Recently, I, attended a top-notch law firm's panel discussion event. One of the topic was Third Party Funding in Litigation. Like most of the lawyers, my knee jerk reaction was- no we can't -our Bar rules bar that. It's unethical and immoral for us. Was I wrong or was I right? I guess both. I was right that we the lawyers cannot fund litigation or take contingency fee. But I was wrong at the same time. Topic was third party litigation funding (TPLF). This means that any but a lawyer can fund it....
Crimes Against Humanity : Need For A Legal Framework For Mass Crimes In India
In 1941, Winston Churchill in an uncertain response to Nazi atrocities called them "crimes without a name". Almost two years later Polish scholar Raphael Lemkin termed it for the first time as Genocide. In December 2018, the Delhi High Court in State Through CBI v. Sajjan Kumar and Ors. had its Churchill moment when adjudicating upon political riots against Sikhs (1984). It observed that India has not yet recognized Genocide and Crimes against Humanity (Para 367 onwards): "367.6 …..The...
The Ayodhya Mediation – An Optimist's View
Public opinion is divided on the decision of the Supreme Court of India to refer the Ayodhya dispute to mediation. There are some who welcome the decision in the hope that there will be a peaceful resolution of the long-pending, and at times bloody, dispute. However, others feel that this is not a fit case for mediation and that the Supreme Court is using mediation as a ruse to avoid the onerous task of deciding the vexatious issue. Is the referral to mediation an abdication of...
"Bird Feeding In Public-A Law Urgently Required !"
Remember the 1960s famous Alfred Hitchcock, horror/thriller film "The Birds"? For those who don't, it's about a series of mysterious indefinable bird attacks in an otherwise peaceful, sleepy town of Bodega Bay, Californiain August of 1961. The residents of the town are shocked at the sudden, unexplained congregation of seagulls and crows randomly attacking innocent citizens and even killing some. The movie, at first was not popular but with the passage of time it started getting more attention...
Remembering Senior Advocate Dipankar Gupta, Former Solicitor General
Mr. Dipankar Gupta truly represented the national dream of the 1950s which presented every citizen an opportunity to reach illustrious positions. Born in a middle-class family, he reached the top of his profession by industry, sincerity and dedication to his calling
The Distinction Between Section 7 And Section 13(1)(d) Of P.C ACT, 1988 Prior To Amending Act 16 Of 2018
The question as to whether "demand" and "acceptance" are essential pre-requisites for a conviction under Sections 7 and 13(1)(d) of the Prevention Prevention of Corruption Act, 1988o provisions by insisting on proof of the additional requirement of one Section as an inevitable concomitant of the other as well. Since all the three clauses under Section 13(1)(d) (by and large corresponding to Section 5(1)(d) of the P.C Act, 1947) use the expression "obtains" which involves some personal...
