Mr. JP Cama Senior Advocate

Transcription

GOVERNMENT LAW COLLEGE
ANNUAL MAGAZINE
2010-2011
A Heartfelt Thanks To Our
PATR ONS
AMARCHAND MANGALDAS
CRAWFORD BAYLEY & CO.
DHRUVE LILADHAR & CO.
D. M. HARISH & CO.
HARIANI & CO.
J. SAGAR ASSOCIATES
OASIS COUNSEL & ADVISORY
PANGEA 3
Contents
Messages
Principal-In-Charge
Dr. Mrs. M. V. Kagalkar
Editor-In-Chief
Prof. Mrs. Sushma Bansal
Chief Student Editor
Kanupriya Kejriwal
Assistant Editor
Kamakshi Ayyar
Treasurer
Aparna Bagree
Marketing Head
Suhani Dhanki
IV
V
VI
VII
IX
X
XI
Editorial
Inertia
India As A Permanent Member Of
The UN Security Council
1
3
An Interview with Senior Counsel Mr. Harish Salve
8
5
A transcript of the exclusive interview
given to the Magazine Committee in
November 2010.
Assistant Treasurer
Sherna Doongaji
Co-ordinators
Gurbani Walia
Vidhi Shah
Faculty Advisors
Prof. Mr. H. D. Pithawalla
Prof. Mr. D. A. Shinde
Prof. Mr. P. D. Daphal
About The Cover
MéLAWnge 2010-11 revisits the
headlines of the year gone by. Our
aim was to spread awareness and
to that end these burning issues
have similarly been embedded
within the pages of this Magazine.
II
President of India
Minister of Law & Justice
Chief Justice, Bombay High Court
Justice D. K. Deshmukh
From the Principal’s Desk
Editor-In-Chief Pens
General Secretary’s Message
At Your Mercy
Me, My Marks, My University... My Court
13
15
Knock-Out! 2010-11
16
Breaking News: Supreme Court Slams ‘Sensationalist’
Media. Is Fiction Eclipsing Fact In Order To Ensure An
‘Exclusive’?
31, 44, 67, 91,112
Courtroom Humour
32
The Past Revisited
34
Master’s Slave Or Slave’s Master
Julian Assange And The Wikileaks:
35
The Contentious Hero And The Virtual Edifice
An Interview With Adv. Mr. Satish Maneshinde
37
A candid talk about his true ‘rags to
riches' story.
ANNUAL MAGAZINE 2010-11
An Ode To Cannabis
A Year In GLC 2010-11
The DMH Experience
At Loggerheads
Justifying Justice
Mumbai: The Missing Links
Behind The Spirit
Mag Review
Coastal Regulation Zone Notification, 2011
The Urban Society
Speak Sense Or Sentiments?
After GLC…
Mosque & Muslim Community Centre
Near Ground Zero – Is America Ready?
43
46
49
50
53
54
59
60
62
66
68
70
75
th
79
10 Vyas GLC National Legal Essay Competition
Sports & Competition Law In India With Special
Reference To Cricket – Is Business In
Sports Defeating The Purpose
Of Competition?
80
Will Inadequate Environmental Legislation
And Judicial Slumber Allow Future Union
Carbides To Get Away With Murder?
Belles – Lettres: J. E. Dastur Memorial
GLC Short Fiction Essay Writing Competition
History Is A Dead Subject
The Strange Journey Of A Mafia,
A Scholar & An Innocent…
86
93
94
99
Sir Dinshah Mulla Legal Essay Writing Competition 103
Are Present Laws Adequate To Combat Corruption?
What measures Should Be Implemented
To Eradicate It?
104
GLC Achievers
Annual Committee Reports
About The Members
Assistant Editor's Message
Acknowledgments
110
115
142
147
148
Contents
Members
Aaheree Mukherjee
Aashna Shaparia
Ajinkya Potdar
Amal Sethi
Ambica Shukla
Amrita Vyas
Anjali Goklani
Ayaan Patel
Bhakti Mehta
Chaahat Wadhwana
Chesta Mehta
Deesha Kanabar
Jay Shah
Jenisha Shah
Karishma Mehta
Khyati Jain
Lavina Manghnani
Madhavi Doshi
Mallika Mallampalli
Manali Sangoi
Manjari Mukherjee
Maulika Hegde
Nitish Chaudhary
Nivedita Nathany
Paridhi Shroff
Prakruti Joshi
Praval Arora
Riddhi Rana
Ridhika Luthria
Roohi Musale
Saanya Bajaj
Saloni Lakhia
Shivanee Shrivastava
Shriya Kurupuran
Siddhi Parikh
Sonali Bhagat
Subir Sarkar
Surekha Srinivasan
Tanish Gupta
Uttara Srinivasan
Vipul Joshi
Zahabia Rajkotwala
Zeel Shah
III
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President’s Secretariat,
Rashtrapati Bhavan,
New Delhi – 110 004
Smt. Pratibha Devisingh Patil
President of India
MESSAGE
I am happy to know that the Government Law College, Mumbai is bringing out its
Annual College Magazine ‘méLAWnge’.
I extend my warm greetings and felicitations to the principal, staff and the students of
the College and congratulate the College on the launch of the Magazine.
(Smt. Pr atibha Devisingh Patil)
IV
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Yeejle mejkeÀej,
veF& efo uueer - 110 115
Minister of Law & Justice,
Government of India,
New Delhi – 110 115
Dr. Shri. M. Veerappa Moily
Minister of Law & Justice
MESSAGE
I am glad to learn that Government Law College, Mumbai, which started from
borrowed premises, today has an unparalleled list of alumni, great jurisprudential
tradition, and a modern futuristic approach, is bringing out its Annual College
Magazine , ‘méLAWnge’2010-2011.
I am happy that the Annual College Magazine, ‘méLAWnge – A mélange of Creativity
and Legalese’, provides a platform for the students to showcase their literary talent
whether legal or otherwise. I send my good wishes on this occasion.
(Dr. Shr i. M. Veer appa Moily)
V
N. Dabholkar Road,
Malabar Hills,
Mumbai - 400 006
Shri. Mohit S. Shah
Chief Justice, Bombay High Court
MESSAGE
I am delighted to know that the Government Law College, Mumbai, publishes its
Magazine, ‘méLAWnge’ every year since 1930. The Magazine is a mirror of the
academic and co-curricular activities undertaken by the college and the achievements
of the students during the last year. I am happy that the college provides an opportunity
and a platform to the students to explore their potential and exhibit their creativity in the
Magazine.
I wish grand success to theAnnual Magazine of 2010-2011.
(Shr i. Mohit S. Shah )
VI
GH COURT
HI
3 Lands End House,
N. D. Road,
Malabar Hill,
Mumbai - 400 006
AT B
O M B AY
Shri. D. K. Deshmukh
Judge, Bombay High Court
MESSAGE
I am pleased to learn that the Government Law College is publishing its Annual College
Magazine, ‘méLAWnge’. It is also commendable that the Government Law College is
in its 156th year.
On this occasion, I congratulate all those students, who have contributed towards this
publication and hope that this new edition of the college magazine will inspire others.
(Shr i. D. K. Deshmukh )
VII
th
In its 155 year, Government Law College(GLC) continues its legacy of
quality and excellence. Over the years GLC has created the perfect
atmosphere for holistic education; we blend heritage and tradition with
modern teaching techniques and continue to churn out excellent lawyers
who have maintained and upheld the integrity of the legal fraternity. GLC
believes in providing the students with an educational experience, not
merely in the classroom and offers its students a chance to evolve as
excellent and technically sound lawyers. We also ensure that they receive
an all round development through various extra-curricular activities and
initiatives taken by the college. Our esteemed alumni, who have been
nurtured in the classrooms of this very campus, keep giving back to their
alma mater and endeavour, with the college, to hone and sharpen the skills
of our students.
The college offers a plethora of events and opportunities for students to learn - moot courts, debates,
model united nations, panel discussions, work shops, legal aid events, lecture series by our alumni, are
only some of the pursuits undertaken to further cultivate and enhance the talent and values of the
students.
From The Principal’s Desk
It was an eventful year, with the college's infrastructure bring improved. Our students, as usual, did
not fail to make us proud. Relentless effort and tireless passion poured into the various events held
during the past year has only ensured that all our expectations have been surpassed.
The Placement Committee, attracting participation from more than 60 law firms, LPOs, corporates
and lawyers alike, organized an extremely successful Recruitment Week.
rd
The 3 Intra College Moot on International Law organized by the SPIL, Mumbai, was very well received
by the students. The Committee also hosted the 2nd GLC International Law Summit, which included key
note addresses and speeches by some of the brightest legal minds in India today.
The Moot Court Association has once again underscored the quality and excellence that GLC stands
for, by organizing the D.M.Harish Memorial Government Law College International Moot Court
Competition, with 5 sitting judges of the Bombay High Court judging the final rounds of arguments
and attracting participation from all over the world.
The 'Charity Sale' hosted by the Rotaract Club of GLC was a big hit with the students. It was
an exhibition of products made by various NGOs and allowed these organizations to promote
themselves well.
‘Knock-Out!’ – the annual panel discussion of the Magazine Committee was also a resounding success.
It stirred the consciousness of students with its exciting and thought provoking debate on the role of
the media and sensationalist journalism.
The GLC Model United Nations Society also exceeded all expectations when it organized the
National Model United Nations, Government Law College for the second year in a row,
with participation from 65 institutes, both legal and non-legal.
The M. C. Chagla Memorial Lecture series organized by the Students’ Council, was a grand success,
with speakers such as Hon'ble Mrs. Sujata Manohar (Former Judge, Supreme Court of India) and
Senior Advocates such as Mr. J. P. Cama and Mr. Sriram Panchu gracing the occasion.
The Alumni Association arranged an interactive session for our students, in GLC, with Mr. Veerappa
Moily, Union Minister for Law and Justice, Government of India. The visit was a great honour for us
and reinforced GLC's place and importance as an institute of legal education.
All in all, this year proved to be a dynamic learning experience with a touch of social entrepreneurship.
GLC once more added several more names to its list of victories and the students put their best foot
forward in every event they participated in.
This issue of méLAWnge epitomizes the spirit and passion of the students, staff and professors.
The synergies of their efforts put into creating this edition are credible and greatly acknowledged.
A special mention to the teaching and non-teaching staff of GLC, whose tireless efforts allow for the
smooth functioning of our college.
Dr. Mrs. M. V. Kagalkar
Principal-In-Charge
IX
Editor- In -Chief Pens...
It is difficult to put down in words the honour I feel at being able to
st
write the editorial for the 81 edition of the Government Law
College (GLC) Annual College Magazine. Being the flagship
publication of such a great institution, the Magazine has to be of
the highest quality, and we do our very best to try and maintain the
high standards set by the preceding editions. We take pride
in being able to be document the happenings and achievements
of GLC every year.
This year our 3 writing competitions – The Vyas GLC National Legal
Essay Writing Competition, the J.E Dastur Memorial Short Fiction
Writing Competition and the Sir Dinshah Mulla Legal Essay Writing
Competition – received an overwhelming response from the students. The level of writing has
only been getting better with each edition of the competitions and this year was no exception.
I would like to thank Senior Advocate Mr. Dinesh Vyas, Senior Advocate Mr. Soli Dastur and the
Mulla Trust respectively for their unwavering support and enthusiasm in the form of their
patronage.
The Magazine includes transcripted interviews of Mr. Harish Salve, Senior Counsel to the
Supreme Court of India and Advocate Mr. Satish Maneshinde, who were kind enough to spare
their valuable time and answer our questions.
‘Knock – Out!' is the annual panel discussion hosted by the Magazine Committee. The topic this
year was 'Breaking News: The Supreme Court slams 'sensationalist' media. Is fiction eclipsing
fact in order to ensure an 'exclusive'? '. We were treated to a lively debate, about the role of the
media in society, by the panelists Arnav Shah, Kunal Dwarkadas, Sneha Oak and Pranay
Aggarwal with Prof. K. Daswani moderating the debate.
This year the Magazine Committee has created a website, www.glcmag.com, in order to ensure
that all the information relating to the Committee is easily available to one and all.
I would like to thank our Principal-In-Charge, Dr. Mrs. M. V. Kagalkar for her support
throughout the year. I am also eternally grateful to Prof. H. D. Pithawalla and all the office staff
for extending a helping hand whenever we needed it. A big thank you to our patrons and
sponsors, without whose support we would not be able to function.
A word about the Committee this year. Kanupriya Kejriwal has been an invaluable Chief
Student Editor. She and her Committee have worked tirelessly all through the year, spending
hours on end on the minutest details. Their hard work and dedication is evident in the pages of
this edition.
This Committee has also ensured that the Magazine was ready to be published a month in
advance as compared to the preceding editions. This will enable us to officially launch the
Magazine before the end of the academic year.
I'd finally like to thank all my students. You are a constant source of inspiration for me, and I
can't wait to see the ways in which you will put your talents and ambitions to use. In the words
of Eleanor Roosevelt, “The future belongs to those who believe in the beauty of their dreams.”
Never lose sight of your goal, no matter what obstacles you have to face because once you
attain it, there will be no better feeling in the world!
Prof. Mrs. Sushma Bansal
Editor-In-Chief
X
Just to be a part of an institution which nurtured nearly all of the legal
stalwarts this country has produced is a matter of pride but to officially
represent this institution as the General Secretary and to be presented an
opportunity to be so intricately associated with shaping its future is an
absolute privilege. I began my tenure with a single motto – “perseverance”
– and I hope to stand by it in all my endeavours.
What sets Government Law College (GLC) apart from other legal
institutions is its consistent interaction with the legal fraternity, the
unfaltering support and guidance of its illustrious alumni and the
advantage of being situated in the heart of the legal activities around the
Bombay High Court thus offering a myriad of opportunities. It is my aim to
highlight these very advantages and ensure that the students derive the
most out of it. In consonance with this view, we have made a conscious
effort to bring back the eminent alumni to college to conduct guest lectures and offer the students an
experience second to none.
General Secretary’s Message
GLC, primarily being a student driven college, offers every student a plethora of extra-curricular and
co-curricular activities throughout the year.
The academic year commenced with the annual National Tax Moot organized in the memory of late
Mr. Nani Palkhivala. The year progressed with the annual debate competition – ‘Knock – Out!’ where
the speakers displayed immaculate reasoning and oratory skills. The annual charity sale, which is
organized over a period of three days in college, helped our students make a difference in someone's
life and add a smile to someone's face.
The new year commenced on a bright note with the M. C. Chagla Memorial Lecture Series which saw
renowned legal luminaries, the likes of Justice Srikrishna, Mr. J. P. Cama, Justice Sujata Manohar,
Justice A. P. Shah, address the students on contemporary legal issues. The college also looks forward to
the annual GLC MUN which will be hosted towards the end of January and promises to be an enriching
experience for our students. February will prove to be an important month for our final year students,
with Placement week being just around the corner. Towards the end of the academic year, the college
will host an International Summit where students will be introduced to the multiple facets of
International Law by renowned speakers and experts on the subject. Immediately following it will be
the D. M. Harish International Moot and we fervently look forward to hosting 15 national teams and 15
international teams from all over the world.
Additionally, as always, GLC hosted an array of events related to music, drama, theatre and Intercollegiate festivals. The Magazine Committee deserves appreciation for their mammoth efforts in
bringing together all the events of the academic year 2010-2011 and preserving them eternally in the
pages of méLAWnge.
These illustrious activities would not have been possible without the co-operative convergence of the
various committees with their respective General Secretaries coming together to form the necessary
link that assists in making this college scale newer heights every year.
I take this opportunity to thank all the students of college who have contributed in their own modest
way by either representing college internationally and nationally or by being a part of all our
endeavours and making them successful ones.
This year's accomplishments and achievements reflect the sincere dedication and perseverance of the
students and the faculty of GLC. I would like to extend my deepest gratitude to the teaching and nonteaching staff of GLC for their encouragement and co-operation. In particular, I am indebted to
Professor Sushma Bansal and Professor Rachita Ratho for being our pillar of strength and support. I
consider myself extremely fortunate to have had the steadfast co-operation of each and every member
of the Students' Council as well as the Ad-Hoc Members in all my endeavours. I would like to make a
special mention of Ms. Rahela Khorakiwala, Mr. Ashish Sodhani and Mr. Raunak Shah for their constant
guidance, undying commitment and resolute support throughout my tenure.
Each and every student of GLC has, in some way or the other, played an indispensible role in making
this year a memorable one and I implore the students to continue their perseverance and dedication
towards taking GLC - our alma mater – to the zenith of excellence by reviving and preserving the glory
of this 150 year old legacy.
Ms. Riva Shah
General Secretary
XI
Sitting (L-R): Gurbani Walia (Student Co-ordinator), Suhani Dhanki (Marketing Head), Kanupriya Kejriwal (Chief Student Editor), Prof. H. D. Pithawalla (Senior Faculty Advisor), Prof. Mrs. Sushma Bansal (Editor-In-Chief),
Kamakshi Ayyar (Assistant Editor), Aparna Bagree (Treasurer), Sherna Doongaji (Assistant Treasurer), Vidhi Shah (Student Co-ordinator).
st
Standing 1 Row (L-R): Praval Arora, Ayaan Patel, Amal Sethi, Amrita Vyas, Shivanee Shrivastava, Sonali Bhagat, Nivedita Nathany, Siddhi Parikh, Jenisha Shah, Lavina Manghnani, Anjali Goklani, Ambica Shukla, Madhavi Doshi,
Chesta Mehta, Deesha Kanabar, Manjari Mukherjee, Nitish Chaudhary, Jay Shah, Subir Sarkar.
nd
Standing 2 Row (L-R): Karishma Mehta, Ridhika Luthria, Manali Sangoi, Khyati Jain, Uttara Srinivasan, Surekha Srinivasan, Prakruti Joshi, Mallika Mallampali, Maulika Hegde, Zeel Shah, Riddhi Rana, Aaheree Mukherjee,
Bhakti Mehta, Zahabia Rajkotwala, Shriya Kurupuran, Saloni Lakhia.
Magazine Committee
Editorial
Writing this Editorial takes me back in time to when I first joined
the Magazine Committee and aspired to be the Editor of one of its
prestigious annual editions. It gives me great pride to present to
you, méLAWnge 2010-2011. A lot of hard work has gone into creating
this edition of méLAWnge and I can confidently say that it has
matched up to the preceding eighty wonderful creations.
This year has been nothing short of a rollercoaster ride. It has
taught me to be patient, to adopt a practical approach while setting
goals for the Committee, to think positively when everything
seems to be going wrong and to always take a contradictory
opinion into account. I ensured that I implemented everything
taught to me by my predecessors and at the same time learnt from my own experience.
Being the Editor, contrary to popular belief, does not restrict your work to 'editing' as the name
suggests. It is coupled with other aspect like marketing, organizing competitions, picking only
the best articles which deserve to be published in the Magazine and then editing and designing
them. Having sleepless nights when one is tensed about not being able to give the 'print
command' in time becomes a routine affair.
The year began with marketing for sponsorship and the marketing phase went exceptionally
well with us reaching our target very early in the year. Thereafter, the three major
competitions, The Vyas National Legal Essay Writing Competition, The J. E. Dastur Memorial
Short Fiction Essay Writing Competition and The Sir Dinshah Mulla Legal Essay Writing
Competition, organized by the Committee, took place. To our joy and to that of our title
sponsors, we received an overwhelming number of entries this year. These competitions were
followed by our annual panel discussion ‘Knock-Out!’ - the flagship event of the Committee
where two current Government Law College (GLC) students attempted to knock-out two
former students. It was attended by a few hundred students of our College who passionately
participated in the heated debate making it doubly interesting. We had the privilege of
interviewing Mr. Harish Salve, Senior Counsel, Supreme Court of India and Advocate Mr. Satish
Maneshinde.
The theme of the Magazine was 'Awareness', i.e., to make the youth of today understand the
significance of being a well informed citizen. As law students it is our duty to be well versed
with global matters. To this end we've attempted to document all the contemporary concerns
of our Nation and the world at large. We have even highlighted the same with our cover page
which consists of clippings of newspaper headlines of the year 2010-11. These headlines have
been embedded within the pages of the Magazine in the form of articles such as India as a
permanent member of the UN SC, America's readiness for a mosque being built near Ground
Zero, analysis of the Ayodhya verdict, Commonwealth Games, Wikileaks, etc. The topic for
Knock-Out! revolved around the Supreme Court's verdict slamming sensationalist media,
thereby stressing on the importance of being aware of the facts as they exist and not fiction in
the garb of facts. Amidst these relatively serious articles, poems on a variety of subjects such as
marijuana, an article on a student's struggle against the infamous Mumbai University, a man's
quest to give up smoking, etc. have been published, making the Magazine a perfect blend of
fact and fiction.
Every year the Committee takes it upon itself to be innovative and bring about a change. This
year with 'Courtroom Humour' we had the privilege of publishing funny courtroom
experiences that have taken place in the illustrious careers of prominent legal luminaries of
our country as narrated by them. This enabled us to bring out the lighter side of the law. After a
lot of hard work and co-ordination with the various committees of our College we've managed
01
to compile a GLC timeline consisting of pictures of all the major events organized by our College in this
academic year.
Editorial
The long overdue website, www.glcmag.com, was created from scratch this year, and is hopefully here
to stay! The website exhaustively provides all the necessary information which one needs to know
about the Magazine Committee such as details of every competition, notices put up in College,
archives and information about the members.
This year we plan to announce the arrival of méLAWnge 2010-11 in a grand manner with an official
launch on February 26, 2011. The launch as well as this publication has been made possible due to the
undying support of our patrons and sponsor, i.e., the legal fraternity, and we are deeply indebted to
them.
I am immensely grateful to our Professor-In-Charge, Ms. Sushma Bansal who has gone out of her way
to help us in all our endeavours. Ma'am has truly been our pillar of strength. Our new members have
shown great potential to make this Committee scale greater heights of success in the years to come.
This editorial would be incomplete without making a special mention of the core committee. I am
immensely thankful to Kamakshi Ayyar, Aparna Bagree, Suhani Dhanki, Sherna Doongaji, Gurbani
Walia and Vidhi Shah. The Magazine would not have seen the light of day had it not been for their
immense hard work and passion towards the Committee. It's been a year filled with heated debates
and arguments, with us being unable to agree on anything- right from the articles to be published to
the cover page design. With seven of us yelling at the top of our lungs, core committee meetings could
often be heard all over College. However, every opinion was considered and the meetings lasted till a
consensus was reached. At the risk of patting myself on the back, I would like to say that I am very
proud of méLAWnge 2010-11 and I treasure each and every page of this edition. I hope that it meets the
expectations of our readers.
Here's to many more great editions of méLAWnge in the years to come…
Ms. Kanupriya Kejriwal
Chief Student Editor
02
Inertia
– Anjana Mohan, V-V
He knew he could read faster-he always did. For
the millionth time in the past ten minutes he muttered
the fatality of his mistake-his promise. Had it not been
for that one moment of emotional subdue, he would
never have given in. She would have rephrased it and
attributed it to sensibility. Logic did not always appeal
to his senses. Certainly not when it did not suit him.
He read it all over again. Too much brightness
seemed to suck the colour out of the words. He
was so used to the haze around him. He'd been reading
the same line for the past hour. Amidst heaving
recurrently, flipping and tossing the pen and twitching
his fingers, he'd managed to grasp a few words. It really
was not the light- the last few days he had read with
the brightness around him. Probably, it was just the
day.
“He'd predicted, much before it had occurred,
but nobody had paid heed to it”, a simple enough
sentence to have been absorbed by him an hour ago.
‘When else could you predict if not before?’, he mused.
If the guy had predicted and someone had taken heed
of it, how could his prediction have been true? And how
then could anyone have known if his future predictions
were worth taking notice of? He chuckled to himself at
the stark realisation- the day was not all that bad!
The clock was racing! He had to finish vetting
the fifteen page article in the hour that passed. His eyes
intently gazed at each word while his brain desperately
tried to make sense out of them, the moment he would
collate the words to form a vaguely familiar noise, they
sunk into the abyss. He needed a break. He needed just
one gush of that fresh aroma.
He quietly wandered out of his cabin into the
cafeteria. He could recognise nothing that interested
him. As he'd done for the past few days, he decided that
coffee was not a bad idea to settle for. She loved coffee.
He really did not like the grip of the mug - an obese
container that held tasteless murky liquid. He couldn’t
imagine how people could call this brown froth
refreshing! How elegant it was to hold the sleek piece.
The feel of it was comforting. He'd had enough of it!
The first day that he'd forced himself into the cafeteria
and emptied the coffee, he had held a conviction deep
within- familiarity, even if it be a product of force,
would transform his conception of taste. She had
suggested gum- it hurt his self-respect to engage his
mouth all day long with extraneous substances that
directed the course of the former. The vapour danced in
the self-contained air: it was too much of an
extravaganza for a drink that gave so little satisfaction.
The word struck him with a daunting force.
Satisfaction was what he had experienced years ago in
the café down the lane from Charles point - the first
time, his egoistic inertia had resisted the oncoming air;
the second time, having found his breath in the same
good old tandem, he'd realised his vision of satisfaction.
There was no dearth of advice on offer. He got
them in various tones, moods and expressions. He
knew it all- every school-going kid did. He'd simplified
it- everything and everybody had strained it down to
one thing-you'll die. Some endeavoured to clarify the
process- a painful death. He'd decided to cross that
bridge when he got there. She despised that statement.
The idea was simple- everyone died. If everyone
knew of their prospective illness two days in advance,
leave letters would have had a whole different saga to
narrate. But then, what of it? The unpredictability of
death was a traditional idea. He liked to manoeuvre his
03
way. If nothing, it would ensure a sufficient cause if he
were to meet his end the way they suggested. And then,
wasn't that supposed to make him work more
efficiently- the very thought of a tomorrow you would
never see? She was never content with innovative
arguments. But that's how women are– non-receptive to
innovation except if that meant an improvement in their
shopping points. Too bad for him– he was at the
receiving end!
He stormed into his cabin. Two hours and
fourteen pages- he needed less than half an hour in the
normal course. His eyes wavered between the locker
and the sheet of papers. A solemn sense of
responsibility set in- he had to have more crosses in
there! He had a life beyond himself and he had to justify
that cause. He quickly gathered himself– emotions
were not things to be swayed away with, they were
instances which you had to take in your stride.
Reason v Emotion, he clarified. He had to learn to
bear the responsibility and if he did not finish this, he
might end up not doing exactly that. Everyone agreedif not, he knew for sure- his working capacity had
stooped. So, the deal was struck- a calendar with too
many crosses might just malign the whole ambience.
He swiftly rose and inserted the key that opened the
locker with a familiar, musical creek. He had no optionshe had ransacked his locker leaving just one in a
solitary pack. She had proclaimed it to be the ‘test of
fire for his will-power’, something he had been
immensely proud of. At the moment that did not figure
in the least of his worries.
At the back of his mind he'd almost guessed it:
the flap held her last attempt at negating the renege, it
read- 'Dad, Thank you! This is indeed the most befitting
reward trust could anticipate'. He felt a momentary
twinge.
As he turned to flick his lighter on, the six crosses
smirked at his feeble will. “Six days… Good Lord!”, he
mused. The last time he'd had Marlboro, it had not been
a bad option. In fact, he recollected suddenly, it had
been the best.
With Best Compliments From
PARAS KUHAD
&
ASSOCIATES
A D V O C AT E S
04
INDIA AS A PERMANENT MEMBER OF
THE UN SECURITY COUNCIL
-Ameya Naik, III – III
As a cynic, one finds it highly amusing to see
various arguments taken to support India's claim to a
permanent seat on the Security Council. (Of course, as a
cynic, one finds most things amusing). What is funny
about these many, many propositions is their
remarkably self-delusional nature, and consequently
their tendency to miss the mark
completely.
The most common thread
of reasoning speaks about the
growing influence of India on
world affairs; another popular
angle to take is the nonrepresentative nature of the UN
SC as it stands today. This writer
does not mean to suggest that
neither of these propositions has
substance - they do, if not to the
extent that patriotism would
dispose us to believe. What these and most other arguments - lack,
however, is an understanding of realpolitik.
It is typical of the pious Indian mindset to
suggest that our request is somehow intended to right
a greater wrong, and that though we do not especially
desire it we will take up this task if it is offered, in the
greater interests of humanity, etc. The bare fact,
though, is that our demand is one for power, and we
ought to own up to it. For those who disagree, please
consider: the UN SC could be expanded and made more
representative by giving India and some other
countries a permanent seat, but without the veto. Do
we still want the seat?
The crux of the debate is not 'permanent
representation', but the power to block multilateral
action against oneself or one's allies (which is really all
that the veto ever was or will be). When one frames the
question that forms the topic of
this article - does India deserve a
permanent seat, that is, a veto – it is
hard to think of a reason why.
The rationale behind the
Veto, considering that it is a highly
discriminatory and unequal power,
must be understood in the
backdrop of the formation of the
UN itself. The year was 1945, the
Second Great War had just come to
an end, and even as Wilson &
Churchill (amongst others)
struggled to create a structure that
could guard against the recurrence
of such global conflicts, the changed reality of the postWWII world had to be acknowledged. To the victor go
the spoils - and in 1945, a veto power on the UN SC was
very much part of the spoils.
That is, of course, the cynical interpretation.
Woodrow Wilson did not think of it thus. To his mind, it
was essential to make sure that the UN SC was both
effective and credible. What the SC mandated must
happen. What the SC forbade must not. This state of
affairs could never be established if even one of the 'P-5'
defied the council - so it was better to simply make no
05
statement that they would not follow. Equally, it was
true that a statement made with the backing of those 5
nations could not be resisted by any country. The veto
thus ensured the credibility of the UN SC, by making
sure its words were understood to carry the conjoint
authority of every great power in the world.
If we apply Wilson's logic today, the veto has
lost much of its purpose. For starters, there are no Great
Powers anymore - even USA & The People's Republic of
China, with the best claim to that title - find themselves
challenged and even held accountable in various
situations and fora. Nonetheless, one could still say
that - if only for financial reasons - it is immensely
difficult for the UN to implement something when USA
or PRC oppose it. They are, then, still entitled to the
veto-to-ensure-credibility.
The other 3 'P-5' nations have no such claim.
The co-operation of the USSR meant the difference
between success and failure in the Cold War era, but
the co-operation of the Russian Federation means little
to the world at large (just to Georgia & Ukraine). The
Russian government is reduced to haggling over the
price of obsolete equipment with India – a far cry from
pre-1991 Soviet power. The United Kingdom's opinion is
hardly respected even in Europe, perhaps because of
their persistent cribbing over the Euro and economic
integration. France - in any case historically the least
likely to invoke the veto - is almost stereotypically
moderate on practically every issue (excluding Algeria,
and the consequences of having a large Algerian
Muslim population). Their co-operation is practically
taken for granted, and they rarely even bargain for
benefits for extending it – perhaps because if they tried,
other nations would simply move on without them,
and their understanding of realpolitik has been almost
thoroughly flawless (again, with the exception of
Algeria). President Bush, for all his flaws, demonstrated
conclusively the limits of the French ability to impact
world affairs.
Although this would seem to create 3 'slots' for
new 'veto powers', it is rather difficult to see how any
06
of the nations pitching for the place deserve it.
Remember, the test is that their co-operation is
indispensible for the UN SC to take effective action.
Brazil, India, Germany, South Africa, Japan - the front
runners for these new seats - do not, in isolation,
command substantially more power than the UK,
France or Russia today.
What, then, is the solution? This writer would
like to suggest that it is to remain true to the concept of
the veto, and grant it only to nations whose
involvement is indispensible. The third candidate after
the US & PRC is the EU, and it is high time we saw a
single EU seat on the UN SC. It could be held by rotation
by UK, France & Germany, and each would have to
consult the others prior to a vote. Differences would
mean an abstention. Along the same lines, one would
expect a (for lack of better terms) pan-Asian seat held
by India & Japan and a 'Global South' seat held by Brazil
& South Africa. The reason this system remains true to
the veto is that a concerted refusal by any of these
groups of countries - the EU, the Asian tigers or the best
of Latin America & Africa - will indeed make
implementation of any measure very difficult, even if
only on financial grounds. This is not unlike the ‘groupveto' compromise solution that was suggested as a
condition for permanent membership for India, Japan,
Brazil & South Africa, but has the twin advantages of
not creating an additional tier of power, and of
maintaining the SC at its current size. (Both of these are
important factors - an executive body cannot afford to
be too large, or it loses efficiency. Three levels of
member countries would be confusing, with much the
same effect.) It is also the only proposed solution which
reconfigures the Council to be truly representative of
the realities of today's world.
Needless to say, it is unpopular with every
single stakeholder. If proposed, it will undoubtedly get
vetoed.
Good thing we cynics can find our amusement
anywhere.
AN INTERVIEW WITH SENIOR COUNSEL
MR. HARISH SALVE
A LAWYER WITH A CONSCIENCE.
“Winning and losing cases are an accident of history and
no measure of the excellence of a lawyer.”
Mr. Salve, Senior Counsel, Supreme Court of India, in an exclusive interview with the Magazine Committee, speaks of
th
his journey from a Chartered Accountant to India's Solicitor General to the 27 most powerful man in the country. He
talks about everything from the Indian judiciary, the institution of PILs, BCCI, Mr. Ram Jethmalani to the current state of
politics in our country and a lot more…
Magazine Committee: Sir, you started
any more, and it was best I left when
your career as a Chartered Accountant,
they still were very keen for me to
practicing on the taxation side before
continue.
Magazine Committee: India Today has
moving over to the profession of law.
What instigated the change in career?
ranked you the 18th most powerful
Sr. Counsel Harish Salve: I was
person in the country in 2008 and the
interested in constitutional law even
27th in the 2010 issue. How did you
as a student. I was equally interested
carve your pathway to such
in taxation law. With the role model
phenomenal success?
of Mr. Palkhivala (he won the Bank
Sr. Counsel Harish Salve: As to all
My relationship with the
Nationalization case in 1969 followed
these rankings – I would say that they
government
was always excellent, are excellent proof of why we should
by the Privy Purses case in 1970,
and I got a lot of respect – and
which established him as the finest
not always take the media seriously.
constitutional lawyer and not just a
affection – from the senior
Magazine Committee: Whether it is
tax lawyer), the die was cast! The
battling to get the POTA charges
functionaries.”
infamous emergency intervened in
dropped against the Godhra accused
1976 when I was doing my law – that and the events
or getting the DDA to stop hacking trees at Delhi's
that followed effaced any doubts as to what my future
Siri Fort Complex, how do you find the time to fight for
should be. And it has quite worked out that way - for
a cause pro bono and how difficult is it, as a lawyer, to
while the taxation (and commercial law) practice pays
have a conscience? Does it not prove to be a hindrance
the bills, most of my constitutional law work is pro
in this profession?
bono.
Sr. Counsel Harish Salve: As far as finding time is
Magazine Committee: Was it rewarding to serve as
concerned, God created a day – night cycle with twenty
India's Solicitor General from 1999 to 2002? What made
four hours and this is inflexible. It was yet another test for
you decline a nomination for a second term after
evolution – to ration our time sensibly. A lawyer has to be
November 2002?
a human being in the first place – and a good lawyer has
Sr. Counsel Harish Salve: It was very rewarding to
to be a good human being. To be a good human being, you
serve as Solicitor General. It was an excellent
need a strong sense of right and wrong – and more than
opportunity to learn how the system works, and also
that the courage to do what is right. Once you follow
an opportunity to do some good work. By 2002 I felt
these rules – and follow them inflexibly, you do away with
that I had served an excellent first term, and it would be
“choices” that could lead you astray. A cause close to the
best if I went back to private practice. I must add that
heart always should get priority over yet another paid
my relationship with the government was always
brief. I must hasten to add – not all paid briefs are bereft of
excellent, and I got a lot of respect – and affection –
a cause. To give an example, a politically motivated case
from the senior functionaries, but due to certain
foisted upon a businessman or even a politician can be
reasons, I felt that the I would not be able to do my best
both - a paid brief and a cause.
A lawyer has to be a human being in the first place – and a good lawyer has to be a good human being. To be a good
human being, you need a strong sense of right and wrong – and more than that the courage to do what is right.
A cause close to the heart always should get priority over yet another paid brief.”
08
The Supreme Court has to be a watch dog of
democracy – a function in which, in my personal
opinion, it has, in the recent past, been somewhat over
reticent and conservative.”
based on egalitarianism, secularism and most of all on
the rule of law. What we see today is governance at its
nadir. We do not even spare the martyrs of a war and
shamelessly use them as a ruse for self aggrandizement.
When the devalued and exposed “head” of the CWG
read the final speech, the Prime Minister sat in silence
and his soul was not bestirred even by the howling of
the citizenry of Delhi. Caste is used – as is religion – to
attain political power, which power is the gateway to
rampant corruption. If this continues, without
correction of course, the demise of democracy cannot
be ruled out – for it is not inconceivable that
the harrowed common man at some stage is then
seduced by a dictator who suggests that benevolent
dictatorship may be better than what we have today.
What we see today is governance at its nadir. We do not even spare the martyrs of a war and shamelessly use them
as a ruse for self aggrandizement. When the devalued and exposed “head” of the CWG read the final speech, the
Prime Minister sat in silence and his soul was not bestirred even by the howling of the citizenry of Delhi. Caste is
used – as is religion – to attain political power, which power is the gateway to rampant corruption. We have to
recognize that the single greatest evil today is corruption – and its twin affiliates – casteism and communalism –
and we must develop a zero tolerance against this.”
dog of democracy – a function in which, in my personal
opinion, it has, in the recent past, been somewhat over
reticent and conservative. Hopefully this trend is
merely a “correction” of a perceived overkill, and will
soon itself be corrected. In such a sensitive area,
lawyers (especially those in whom the Court reposes
faith) must act with a conscience – we are a part of the
system of checks and balances, and must not help those
with an agenda to abuse this great constitutional
instrument.
Magazine Committee: Sir, in a Businessworld article you
stated that, along the arduous journey of the Indian
democracy of the past six decades, our politics lost
touch with constitutional values and that we must try
to attain growth, but without sacrificing our
constitutional values. Being a Senior Counsel with
expertise in Constitutional Law, can you explain how
the constitutional values have been compromised and
how can they be revived?
Sr. Counsel Harish Salve: Constitutional values are
The justice delivery system in India – simply stated –
has become not only unacceptably slow but also
substandard.”
The problem is – these values have died in the hearts of
the common Indian. We have to recognize that the
single greatest evil today is corruption – and its twin
affiliates – casteism and communalism – and we must
develop a zero tolerance against this. Let us pledge that
we will not accept in civil society, any person who
holds office and against whom there is even a serious
allegation of corruption. Let us pledge that we will not
vote for someone only because he belongs to our caste,
community or religion. If we can spread this vision to
the people of your generation, this country would rival
the United States of America within my lifetime –
surely within yours! My generation has, by and large
failed this nation on this score.
Magazine Committee: In the opening session of a legal
workshop series held at Vigyan Bhavan, New Delhi, you
made a statement that we need to fix the justice
delivery system as it is affected by the following
problems: delay, credibility and that it is not beyond
repair but it cries out for repair. Can you elaborate on
this statement?
Sr. Counsel Harish Salve: The justice delivery system
in India – simply stated – has become not only
unacceptably slow but also substandard. If India
AN INTERVIEW WITH MR. HARISH SALVE
Magazine Committee: We have also seen you refuse to
represent certain NGOs in a recent PIL filed by them
against two leading pharmaceutical companies, among
them Kiran Majumdar Shaw's Biocon, when you
realized that their intentions were of doubtful
provenance. What do you have to say about fighting for
causes one believes in, in today's legal environment,
where we often witness litigation for the sake of
publicity and capital gain?
Sr. Counsel Harish Salve: Public Interest Litigation is
what has been the defining feature of the post
emergency Supreme Court. The Indian Supreme Court
has established that it is an institution of governance –
not merely a tribunal for dispute resolution. This it
has done through a skillful use of its constitutional
powers (which powers are as old as the history
of constitutional courts) in new areas to enforce
accountability and to enforce laws that are enacted for
the benefit of the poor, the voiceless, and at times the
general citizenry. The Supreme Court has to be a watch
09
The criminal cases against Mr. Lalu Prasad Yadav
were transferred a decade ago to Ranchi –
they still linger! The CBI told the Patna High Court
that they had sought permission from the
Central Government to appeal Mr. Yadav's
acquittal but it was declined!”
The main problem is the peanuts we agree to spend on
the justice delivery system.”
aspires for economic growth (having broken the
shackles of sterile socialism) we must cultivate, in our
justice delivery system, a powerful jurisprudence of
commercial law. In the first instance, this calls for a
change in the “mindset” of judges – the restoration of
the primacy of the law of contract and so on. The
criminal justice system must be quick to be relevant.
The criminal cases against Mr. Lalu Prasad Yadav were
transferred a decade ago to Ranchi – they still linger!
The CBI told the Patna High Court that they had sought
permission from the Central Government to appeal
Mr. Yadav's acquittal but it was declined! No questions
were asked by anyone as to why it was declined – did
the fact that he was in the Union Cabinet at the time
affect the decision of the government? I do not mean to
be critical of any one person – just giving a gory
Sr. Counsel Harish Salve: The judgement corrected a
major aberration (in my opinion) that had crept into
the law on account of the judgements of the Bombay
High Court. Listed companies with a large body of
shareholders must run on principles of transparency.
Secret MOU's between family members cannot decide
the fate of such companies. Just imagine what would
happen if two promoters pretend to fight, agree to a
secret MOU, get the shareholders to agree to a scheme
of demerger without the MOU terms, and then get a
court to superimpose the MOU on the scheme. It
would, in my view, make a nonsense of the notions of
corporate governance. The other issues – including
whether the Oil Ministry's abode was not in a
government building but in some individual's “pocket”
were the sensational non issues of the case.
Secret MOU's between family members cannot decide the fate of such companies.”
He (Mr. Ram Jethmalani) and I share a lot of beliefs – as we agree to disagree on a lot of issues.”
example of what, in my perception, is horribly wrong
with our system. The main problem is the peanuts we
agree to spend on the justice delivery system. We need
more infrastructure – we need better judicial salaries to
attract the finest talent to judicial office. In the
ultimate analysis, it is again a matter of constitutional
values – how much do we value the rule of law - is any
price “too high” to secure it?
Magazine Committee: One of the most high profile and
talked-about cases in recent times has been that of RIL
v. RNRL, where you represented Mr. Mukesh Ambani's
RIL. Though there are a lot of intricate points of law
involved, and one cannot simplify the otherwise
extensive judgement to the level of who won and who
lost, the Court's judgement that the MOU between the
companies wasn't binding, was clearly in your favour.
Do you see this as a complete victory and a fitting reply
to the RNRL Counsel who feels that “the Oil Ministry is
in the pocket of Mr. Mukesh Ambani”?
10
Magazine Committee: The differences in opinion
between Mr. Ram Jethmalani and yourself in matters
apart from the RIL v. RNRL case are well known. Mr.
Jethmalani has quite violently disagreed with you on
many a television debate, almost accusing you of
favouring Judges, and you have been quoted as saying
that often, proceedings in court with Mr. Jethmalani
assume the nature of a “comedy circus”. Would you like
to say anything on this apparent war of words between
two established jurists of the Supreme Court?
Sr. Counsel Harish Salve: Ram is a very respected senior
– and we have a very close personal relationship. In the
heat of “battle”, things are said which are valid for the
moment and no more. He and I share a lot of beliefs – as
we agree to disagree on a lot of issues. The defining
feature of a vibrant society is the “noise” of
disagreement and dissonance. A very happy and
serene society – in present times – may well be
comatose!
The Indian media is clearly overdoing it at times.”
The nation (forget the politicians who secure flats for
mothers-in- law) looks up to the armed forces and
salutes them.”
The way in which the BCCI has conducted itself has
hardly covered itself in glory.”
India. As to the rest – the matter is sub judice.
Magazine Committee: Sir, one of your tweets states:
“Cricket looks less like a sport and more like a hunt. To
inject rules of cricket into politics is desirable but the
converse is disaster.” In light of the controversy
surrounding this sport in recent times, can you
elaborate on this statement?
Sr. Counsel Harish Salve: I am not an active member of
Twitter – a dear friend introduced me to it and I made a
few comments. The way in which the BCCI has
conducted itself has hardly covered itself in glory. And
this is not new – five years ago in a judgement the
Supreme Court had strictured the BCCI. Beyond this,
I would not like to comment as I advise Mr. Modi from
time to time, and am appearing for the Rajasthan Royals.
Magazine Committee: Another tweet states: “Tyranny
is the inevitable destination of a society that condones
invasion of privacy for collection of tax, and we seem to
be headed there.” Sir, can you enlighten our readers as
regards these sentiments?
Sr. Counsel Harish Salve: According to media reports,
the Neera Radia tapes had come about on account of a
wire tap done by the Income Tax department. The
justification trotted out was that where the Tax
department feels that some business people are
planning a transaction that would avoid tax, they are
entitled to tap their telephones. This is, in my
opinion, based on a fallacious principle that to
prevent citizens from committing an offence, the
government is entitled to invade their privacy even
when they go about their daily life on the apprehension
that they may commit a crime. The laws give the Tax
department sufficient powers to investigate and
prosecute tax evaders – to make them the unseen
“guest” in every conversation would destroy the very
freedoms for which the founding fathers gave their lives.
Magazine Committee: You are known to argue in court
with your Ipad and have also been heard to have
The laws give the Tax department sufficient powers to investigate and prosecute tax evaders – to make them the
unseen “guest” in every conversation would destroy the very freedoms for which the founding fathers gave their lives.”
AN INTERVIEW WITH MR. HARISH SALVE
Magazine Committee: There are not many in the
Cabinet whom you haven't represented, including,
Sushil Kumar Shinde, Kamal Nath, Sharad Pawar, etc.
You are the first port of call for not only politicians but
also State Governments in trouble. Not to forget
prominent influential personalities such as Mukesh
Ambani, Lalit Modi to name a few. Is it not
overwhelming, at times, to have such a powerful
clientele and do you not feel pressurized while leading
each of these cases?
Sr. Counsel Harish Salve: Believe me – clichéd as it
may sound – “pressure” is caused either by excessive
media hype or by complexity of the issues. The
persona involved should never be kept in mind while
arguing a case. Pressure is only where there is a lot
of legal research to be done and the brief is large as
it is complex. As to the rest – we cannot and do not
promise results – so why care!
Magazine Committee: You have been known to
defend media reporting, as one of the tools by which
we can safeguard our democracy. Is it your view that
the media today has gone overboard in its style and
manner of reporting, particularly on sub judice
matters, or do you think that as the fourth pillar of
democracy, our media is doing the nation a service?
Sr. Counsel Harish Salve: The Indian media is clearly
overdoing it at times. The problem is – in today's
India, if the choice is between at times an
irresponsible media or a docile friendly media, I
choose the former, for the latter would be the death
of the last vestige of democracy.
Magazine Committee: We have seen quite a surge
in the "One Rank One Pay" campaign of retired army
men in the country in the last few months. You have
openly appealed to these veterans on TV channels,
not to return their medals, since this was a mark of
honour bestowed on them by the nation. You have
also extended offers to help them in their efforts.
What are your views on this campaign, and how
would you help these men who have served the
nation with distinction in their respective times?
Sr. Counsel Harish Salve: Legalities apart – I feel that
we look at the demands of the armed forces a little
too bureaucratically. Somewhere along the way – we
seem to have lost our heart. The nation (forget the
politicians who secure flats for mothers-in-law)
looks up to the armed forces and salutes them – what
I said was only to articulate the views of a citizen of
11
encouraged the installation of plug points in the
Supreme Court, primarily to facilitate less dependence
on reams of paper in court and increase in the use of
laptops. By what means can the legal fraternity
integrate technology within the profession?
Sr. Counsel Harish Salve: I am a “gizmo freak”! Besides,
my handwriting is so terrible, that I find that the Ipad
and laptop are much easier to deal with. I am sure with
the advance in technology, we will start saving paper –
Indian education – which has become, in large measure
– yet another thing which cries out for serious reform.
In the first instance, we need a white paper on who are
the real “owners” and “controllers” of educational
institutions – believe me the results would horrify you.
The Bar Council exam is a great idea.
Magazine Committee: Lastly, Is there any advice that
you would like to give to budding lawyers who look up
to you as an icon in the legal field? With the growing
I keep a healthy distance from Indian education – which has become, in large measure – yet another thing which
cries out for serious reform.”
a small measure to further save our forests.
Magazine Committee: Your keen interest in education
is manifest in the scholarship that you have offered to
students at the Exeter College, Oxford and in your
plans of taking a sabbatical for a few months and
teaching there. How would you like to modify and
contribute to the Indian Education System? What are
your views on the Bar Council Exam for the fresh law
graduates?
Sr. Counsel Harish Salve: I feel that I missed out on
education. God has been generous – if I can help a
student or two attain excellence, I vicariously live my
dream through them. I keep a healthy distance from
competition, how can one sustain and grow in this
profession?
Sr. Counsel Harish Salve: I do realize that law is an
economically demanding profession – the initial years,
specially for a “litigator” are very tough. However, it has
always been so. The important thing I learned from the
great Mr. Palkhivala is – a person must have a passion
for excellence. Define your own level of attainment,
and work towards it. Forget about what the person on
your left or your right is doing – winning and losing
cases are an accident of history and no measure of the
excellence of a lawyer.
Magazine Committee: Thank you.
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12
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At Your Mercy
I exclaim that I am wrong,
But the eyes refuse to open.
I call for help;
And everyone turns a deaf ear.
- Vidya Nair, III-II
A label on me,
A burden I am forced to live with.
Blemish on my character,
Which shall follow me to my coffin.
Forgiveness is what I plead for,
But my act ruined it all.
A wrong deed of mine;
Created a dreaded history for all.
Hatred by the people;
And the bloodshed around,
Reasons for my long days;
And my sleepless nights.
Hands that patted my shoulders;
Are now dragging me to death.
A victim of wrath;
Is what I can say the best.
Have led life for someone else;
And earned repugnance for myself.
Today, I stand before the world,
Begging for mercy.
13
“Work is Worship”
With
BestCompliments
Compliments From
With
Best
From
Peninsula Chambers, Peninsula Corporate Park,
Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013
Offices also at Delhi, Bangalore, Hyderabad and Kolkata
Examinations conducted by the Mumbai University – I
don't believe I need to explain to any person, who has
undergone the ordeal of studying for and writing
them, how agonizing it is to wait patiently for three
treacherous months only to find out that what you
reap is not what you have sown. For three semesters, I
wrote my papers, apprehensive of what arbitrary
marks awaited me, only to be sorely disappointed
when my results were published. I consistently applied
for re-evaluation of my results; sometimes rewarded
with a staggering increase and sometimes I accepted
my fate and moved on. This involved a payment of
` 100 for each paper photocopied and ` 500 for each
paper submitted for re-evaluation. A total of ` 2400 to
get the marks I deserve.
On October 27, 2010, I was horrified to see that in Land
Laws, where, prior to re-evaluation, I had secured fiftyseven marks, I was demoted to thirty-six! The
University had failed me, literally and figuratively. The
arbitrariness of it all is apparent from the fact that my
marks in two other subjects had increased by twenty
marks each. But that merely led to further
disappointment and dissatisfaction, rather than
dulling the blade of the metaphorical guillotine used
by the University to decapitate my academic future.
They say that failure is the stepping stone to success;
“they” evidently skipped out on the “startling fright
and sickening panic” part. My immediate reaction was
similar to any academically consistent student – I
wept, at the humiliation I would have to endure on
being rejected from the Harvards and the Yales of the
world and out of sheer frustration at my inability to do
anything else.
There was no doubt about the fact that the outfall
would have been significant –
(a)As the result had been declared nearly 6 months
after the original examination, the ATKT examination
would have to be given a whole year after the original
examination i.e. in my final semester.
(b)Irrespective of the marks obtained in the ATKT
examination, I would be entitled only to a Pass Class,
and not a First Class, something I had consistently
obtained and rightly deserved.
(c)A dismal result of this nature would ensure that any
future prospects I might have, of pursuing higher
education abroad, would be sorely and irreparably
affected.
On approaching the Deputy Controller of
Examinations, I was looked in the eye and told that the
process of re-evaluation meant, “your marks can go
down also”, and informed point blank that there was
nothing I could do about it.
While waiting in one of the Mumbai University offices,
right before me, were examiners correcting students'
papers. Some of these persons, in whose hands lie,
- Parinaz Vakil, V-V
literally, a student's future prospects in this highly
competitive world, were all too busy drinking tea,
chatting loudly and turning pages without so much as
a glance at the paper! True, that after a substantial hue
and cry by my mother, a few examiners glanced
through my paper and remarked in disbelief at how a
36% was “totally impossible” and how “someone has
made a mistake”, but the prevailing question remained
“why did you give it for re-evaluation?” The fact that it
was my statutory right didn't seem to matter much.
The apathy was apparent and no matter whom I
approached or how compelling anyone thought the
inequity was, the fact remained, that I could do
nothing.
I wrote a letter to Vice-Chancellor, Mumbai University,
but received no response.
On the recommendation of a friend, I decided to
approach a lawyer, in order file a Writ Petition in the
Bombay High Court. Many tried to dissuade me, citing
the ever-popular mantra of our society – nothing is ever
going to change; you just have to learn to accept things
the way they are and that life goes on. However, I
refused to conform to an ideal which advises me to
refrain from righting a wrong. I was disappointed in
the attitude that we had all become accustomed to, but
was determined to compel the University to award me
the marks I rightfully deserved.
A friend, only just having graduated from our college,
drafted my Writ Petition, which was then whetted by
the lawyer and filed in the High Court. My prayer was
simple and straightforward – the University Rules call
for yet another re-evaluation in the event that the first
re-evaluation results in a change of class, or a failure. I
sought from the Hon'ble Court nothing more but
compliance with this statutory requirement. It was not
long before I was granted an Order in my favour.
After a period of four weeks, which certainly seemed
much longer, right prevailed. I was awarded a seventy.
The process to this point was long, tedious, frustrating
and disappointing. I could not possibly have persevered
without the support of my friends and my family. I was
taught though, a valuable lesson that will undoubtedly
serve me in good stead as I make my way into this
profession. I was put into the shoes of the helpless
litigant. I recognized the real worth of a mentioning
before the court, the frustration of an adjournment,
truly appreciated the skill required in succinctly
putting across only the most important points before
the learned judge – nothing less, nothing more and
experienced the panic that accompanies a judge's
sideward glance at the clock, for fear that he does not
quite comprehend the gravity of the situation. My
compassion for the litigant will no doubt influence, for
the better, my interactions with my clients and
strengthen my resolve in the pursuit of that tremulous
thing called Justice.
15
BREAKING NEWS:
THE SUPREME COURT SLAMS ‘SENSATIONALIST’ MEDIA.
IS FICTION ECLIPSING FACT IN ORDER TO ENSURE
AN ‘EXCLUSIVE’?
WADIA GHANDY & CO.
K
16
nock–Out! is essentially a panel discussion
consisting of two teams of two speakers each and
a moderator; each panelist fighting his way to K.O.
the other. This year's Knock–Out! was indeed 'sensational'
with the panelists and the moderator trying to discern
between the thin line separating fact and fiction as
portrayed by the media.
Moderating this year's debate was Prof. K. Daswani, a
learned and highly reputed lecturer of our college. Using a
lot of tact and wit, he analyzed the finer aspects of the topic
whilst engaging the audience in a heated discussion. With
an urge to make Knock–Out! more interesting, veering away
from last year's format of having all four current students,
we had two former Government Law College students
verbally tackling two current students. Arguing for the
Proposition were Sneha Oak (V-V), who was the Chief
Student Editor of the Magazine Committee and a member of
the Executive Council of the Debating Society of college and
Pranay Aggarwal (V-IV), former General Secretary of the
Moot Court Association. Contending for the Opposition
were Mr. Kunal Dwarkadas and Mr. Arnav Shah, alumni of
Government Law College, both working with one of the
oldest and most prestigious law firms of Mumbai, Wadia
Ghandy & Co. All the panelists have participated in several
moot court competitions and are amongst the best speakers
of our college.
The topic for debate was: BREAKING NEWS: The
Supreme Court Slams 'Sensationalist' Media. Is Fiction
Eclipsing Fact In Order To Ensure An 'Exclusive'?
Sensationalism refers to embellishment of news so as to
make it more appealing to the masses. Fact means the
correct stating of information and fiction is a
misrepresentation of truth. Fiction eclipses fact when
media becomes more of a business and less of a service
because it fabricates the subject matter to gain profits by
getting an 'exclusive'.
Media, as the fourth pillar of democracy, plays an
innately significant role in making the public aware of the
occurrences in and around the nation and arousing a viable
public opinion. In a country like ours, the media has a
responsibility, right from reporting something as trivial as a
small boy falling into a well to discussing the atrocities
committed by our political leaders.
In several instances, the media, in a bid to increase
viewership, has sensationalized the news, blown it out of
proportion and distorted the facts. They have given undue
importance to certain pieces of news like the Abhishekh Aishwarya wedding whereas more pertinent issues have
been overlooked.
However, we must not forget that sensationalism has
expedited prompt action on the part of the government.
Sometimes, the only method to grab the attention of the
people and incite a reaction from them is by overstating the
information. For instance, during the preparation of the
Commonwealth Games, had the media not brought to the
forefront the crevasses in the system like the corruption of
the government officials, the disorganization and the
unstable infrastructure, the matter would not have been
looked into so intently.
In the Aarushi Talwar case, the Supreme Court gagged
the media for its reckless and unsympathetic reporting of
the issue at hand. This should compel the government to lay
down certain rules and guidelines controlling the
sensationalist media. While a media shackled by
government regulation is unhealthy for a democracy, the
implications of continued unaccountability are even more
damaging. While sensationalism may not appeal to a certain
strata of the society, it may be the only way to reach out to
the numerous masses. With over 40 news channels
broadcasting in the country, people are to use their own
discretion to decide what they prefer to watch.
Should the freedom of speech guaranteed by the
Constitution be conferred upon the media without any
qualifications? Or, do we now need to impose restrictions
on the media channels? Is fiction truly eclipsing fact? Read
on to find out!
FORMAT
There are 3 rounds
Make your point:
Each panelist is given 3 minutes to introduce his/her points.
Fight it out:
In this round, the discussion is open to everyonethe moderator, the panelists and the members of the audience.
Sum it up:
At the end each panelist is given one minute to summarize
his/her views and deliver the Knock-Out! punch.
Prof. Daswani: Good morning everybody. Shall we start
with the Proposition?
Pranay Aggarwal (Pranay): Thank you so much, Sir.
Good morning everyone. The question we are
discussing today is whether
fiction is eclipsing fact in
media reporting. And the
obvious answer in my mind
is yes. In fact, I would say this
is an understatement. Today
news channels create and
recreate, inflame and bury the
news. And unfortunately
sensationalism is only one of
the culprits. I'll talk a little of sensationalism first, since
that forms part of our proposition. It'll take only a few
minutes of surfing through one of our 24/7 news
channels for anyone to be taken aback by the dramatic
presentation of the headlines made by the media. From
“Dhoni holds IPL Nights responsible for loss of World
Cup” to “A boy is reborn and recalls his past life” to
spending hours and hours on the Abhishek-Aishwarya
wedding. And our vernacular news channels take it a
hundred steps further, “Aaj raat aap ghar se mat nikalna.
Aaj raat aap so nahi payenge. Aaj aapke ghar shaitan
aayega.” I saw all of these in a half hour news telecast.
There are literally tons and tons of examples of media
weaving suspense thrillers and nail-biting plots in order
to gain high viewership. Let's take a few examples. In
the Aarushi Talwar case, after a few days of coverage,
stories about the victim's father having illicit
relationships with his colleague and even Aarushi, the
victim, being romantically involved with the accused,
did the rounds. The lead story was not about the
murder or who the culprit was, but was all these
relationships. Hours and hours were spent on
scrutinizing the life of the tragedy-hit Noida family. The
media reporting in that case was so callous and so
sensationalist that the Supreme Court (SC) itself
intervened, on an application made by Dr. Talwar, and
slammed the media. When swine flu hit various parts of
our country, again the media flew into a frenzy. Days
after days the newspapers concentrated on the ever
rising death toll. Theatres, malls and even schools and
colleges were shut down. Media reporting, in that case,
created more public panic than public awareness.
Unfortunately this seems to be the role that the media
has taken upon itself. I was watching a discussion on
Kunal Dwarkadas (Kunal):
Good morning. At the very
outset I would like to touch
upon the role of the media in
India. The media plays a
crucial role in shaping a
healthy democracy. It is the
backbone and watchdog of a
healthy democracy and is
therefore often referred to as
the fourth pillar of the democracy. Media makes us
aware of various social, political and economic
activities happening not only in India but around the
world. It is like a mirror which shows us the bare truth
and the harsh reality of life while at the same time
spreading awareness in society and informing,
educating and entertaining the public. Having said
that, media has undoubtedly evolved and become
much more active over the years. At present, media is
at a stage of unprecedented growth and a direct
outcome of the growth is commercialization, that has
KNOCK–OUT!
I wa s wa tc h i n g a d i sc u ssi o n o n
sen sa tio n a list sto ries, wh ere R a j d eep
Sa rd esa i , th e E d ito r-In -Ch ief o f o n e o f o u r
lea d in g n ews ch a n n els sa id , “ I h ave to
ca r r y sen sa tio n a list sto ries to en su re th a t
p eo p le wa tch m y ch a n n el a n d th e sh o w g ets
go o d T RP ra tin g s. At th e en d o f th e d ay I
a m r u n n in g a bu sin ess.”
– P ra n ay
sensationalist stories, where Rajdeep Sardesai, the
Editor-In-Chief of one of our leading news channels said,
“I have to carry sensationalist stories to ensure that
people watch my channel and the show gets good TRP
ratings. At the end of the day I am running a business.”
This statement really gives an insight as to what the
driving force of the media is today. Sensationalism! But
like I mentioned earlier, sensationalism is only a better
known and less harmful vice of an ever increasingly
vicious media business today. Another great disservice
that the media does is when it holds one of its
numerous media trials. In most cases the media acts as
the judge, the jury, the prosecutor and the executioner
and hangs the accused long before the legal process
takes its course. I won't get into that because I have one
very important point to make before I conclude, and
that point is the acknowledged, recognized and
organized concept of paid news. The deception of paid
news takes place very simply. The reader of the
publication or the viewer of the TV program is deceived
into believing that what is actually an advertisement is
independently produced news content. The concept is
now so well institutionalized that PR firms and
advertizing agencies are in the loop along with media
houses and journalists. The concept of paid news has
been very well explained and extensively covered in a
report that has been published by the Press Council of
India (PCI) in 2010. So let's just put this into perspective.
When we watch an ad that says “This is the best cold
drink in the world” or “This soap will make you fair in 2
weeks” and we laugh at the blatant exaggeration, we
have to actually keep in mind that the news we watch a
minute later has been paid for and scripted in the exact
same manner. I would say this is fiction in the garb of
fact. It is a breach of ethical standards and it is a fraud
that the Indian media plays on us public.
17
today created stiff competition in the media. As a result,
I agree, there is a growing school of thought that the
media is sensationalizing events in order to catch
eyeballs and increase TRPs so that they can outdo
each other. Has anyone ever thought about what
sensationalism is? According to Webster's, the word
sensationalism is “causing or intended to cause intense
feelings especially of curiosity, horror, etc”. Now
I would be a fool to sit here and deny that, increasingly,
the media is sensationalizing news. However, I am of
the firm opinion that there is nothing wrong with
media's sensationalism per se. We are living in the age
of information technology, we are being bombarded
24/7 from all directions, there's the print media, there's
the TV, there's internet and mobile phones. We do have
to break through the clutter, the cacophony that is
WADIA GHANDY & CO.
T h e p o in t to be n o ted is wh eth er th e n ews is
sen sa tio n a l, eith er in h eren tly sen sa tio n a l, o r
wh eth er th e sen sa tio n a lism is su p p lied by th e
m ed ia , it d o es n o t p er se la ck cred ibility.”
– Ku n a l
18
created by all these different media, and in a bid to do
that yes, the media channels are sensationalizing the
news. Now what I would like to touch upon is - What is
news? News is nothing but a report of recent
happenings. In my opinion there are two kinds of news,
one is news which in itself is sensational. For example,
the terrorist attack of 26/11; they stormed into our
city, they held our entire city hostage, so many people
died. That's sensational. If you report that itself, it's
considered sensational. The other set of news is news
that would ordinarily pass us by, something that we
wouldn't care about sitting in the luxury of our homes.
And it is this news which the media sensationalizes to
get you, the citizens, to realize what's going on in this
country, what's going on around you and what needs to
be stopped. It's that news which I am going to touch
upon and which we will be dealing with in our debate.
The point to be noted is whether the news is
sensational, either inherently sensational, or whether
the sensationalism is supplied by the media, it does not
per se lack credibility. The same set of facts can be
presented in a sober fashion or in a sensational fashion.
At the end of the day the facts remain the same. In
other words, merely because something is sensational
doesn't mean that it is not credible. Now to support my
submission I'd like to briefly touch upon two or three
instances. You will remember the story of Prince from
Kurukshetra. He was a 5 year old boy who fell down a
60 foot hole chasing a rat. Where? In the village of
Kurukshetra. You and I don't care about Prince; we
don't know anything about Kurukshetra. The media
covered the story as a result of which the entire nation,
including the Prime Minister, was praying for this poor
little boy stuck in this bore well for 50 hours. He was
rescued alive. The result of this sensationalist media
was that his entire village got electricity and he got a
scholarship to study. Now, if you think sensationalism
is bad, why don't you take this into account? You know
the case of Ruchika Girhotra, a 14 year old girl molested
by a senior police officer of Haryana in 1990. Now,
without going into the facts of that case, it's important
to know that this girl was driven to commit suicide
because of these atrocities committed by the police.
Her brother was publicly humiliated; her family was
humiliated and at the end of it all she committed
suicide. What happened to that senior police officer? At
first he was let off; the case was dropped against him
and he was promoted to the post of DGP, State of
Haryana. Now this entire episode would have been
brushed under the carpet had it not been for the alert
media and the public pressure as a result of which the
case was re-opened and he was held guilty. The
problem with our penal court is that he was just
punished with one and a half years of imprisonment
and a ` 1000 fine. But, what is heartening to know is
that the media is not going to sit back and let atrocities
like this go unnoticed. It is an absolute role of the media
to bring this to the forefront, to arouse curiosity and to
let the public know and change what's wrong in the
society today!
Prof. Daswani: Okay, thank you. Can we have the next
speaker please?
Sneha Oak (Sneha): Good
morning everybody. I'm
happy to say that I at least
agree with the basic points
Kunal has made. In the sense
that yes, the media plays an
extremely important role in
the world today. Especially in
a democracy like ours, we rely
heavily upon the media to
provide us with all the information about everything
that's going on with the world. But now don't you
expect that the source of all your information should
be at least accurate if not responsible? To give you a
small example: on Wednesday the 22nd of September,
that was Ganesh Visrajan, I decided to switch on the
television and watch what was happening. If you look
through the regional channels they were, as expected,
showing the various deities going in for immersion but
the national channels were really doing something that
caught my attention. Most of the channels had focused
on the Commonwealth Games (CWG) organization or
lack thereof. We had blaring headlines such as “The
ceiling of the Nehru stadium comes crashing down” ,
“Commonwealth Games shames”, “Suresh Kalmadi
shames India”. Now what's very interesting to know is
that although sensationalism did bring all these facts to
the fore, they were not actually accurate. For exampleafter the television media released the information
regarding the falling of a portion of the ceiling of the
Nehru stadium, the print media followed suit the next
day with headlines blaring exactly the same thing,
although there were doubts being expressed as to why
exactly the ceiling came down. Was it actually shoddy
We h a d bla rin g h ea d lin es su ch a s “ T h e ceilin g
o f th e Neh r u sta d iu m co m es cra sh in g d o wn ” ,
“ Co m m o n wea lth G a m es sh a m es” , “ Su resh
K a lm a d i sh a m es In d ia ” . No w wh a t's ver y
in ter estin g to k n o w is th a t a lth o u g h
sen sa tio n a lism d id brin g a ll th ese fa cts to th e
fo re, th ey were n o t a ctu a lly a ccu ra te.” – Sn eh a
Arnav Shah (Arnav): Good
morning to one and all. Let
me start by touching upon
what is a democratic society.
Now a democratic society is
where you have all your
fundamental freedoms but
these fundamental freedoms
are just one side of the coin.
The other is the fundamental
duties that you have. The fundamental duty that you
have in a democratic society is to be vigilant and to
think on your own. In my learned opponents' opinion,
the Indian media has no credibility - but who is
forcing her to watch the Indian media? You have the
internet, you have the television. I mean BBC, CNN
broadcast in India, if you're interested you can watch
those channels, it is as simple as that! Media is like
any other business and business is run on profits.
Today you ask yourself the very simple question, are
you willing to pay the taxes to run a media house? You
have Doordarshan, which is run on public taxes and
public money, while you have private news media
which work on profit. When you have a media house
which is running on profit you cannot on the one
hand tell them that you must make profit and be self
sustaining and we will not support you and on the
other hand deny them basic advertising freedom like
product differentiation and sensationalism which
catches public attention. Why do you think the Indian
media would have ignored something as important as
the Arctic Conference? Maybe because not so many
people in India care about what is happening in the
Arctic? We are more concerned about what happens
in the CWG. We are more concerned as to how our
officials might have been corrupt, whether they are or
not is a question of fact that will have to be
determined. But if a bridge falls, I would assume that
you would like to know about it. The CWG shows the
world a picture of India, is that not more important?
If you are more interested in knowing what the Arctic
Conference is saying then you are free to go obtain
that information. A person sitting in a village does not
care about whether there are potholes in the streets
of Mumbai, but he cares about whether there might
be a boy stuck in a well 60 feet deep. So it is a matter of
public need and like any other business if the public
chooses not to know and not to buy such a paper or
watch particular channels, such media houses will
automatically get affected and become responsible.
KNOCK–OUT!
construction work? Of course this was not expressed in
any of the outlets of the media. A few days later, in the
same newspaper, there is a small innocuous little
article telling us that “Oh, it wasn't shoddy
construction. It just happened that there was a
trespasser in the wrong place and because of his
activities the ceiling fell. He was apparently trespassing
on the gangway.” The point the newspaper then went
on to make is that it wasn't exactly a problem of shoddy
construction work but they feared for security. It seems
that shoddy construction work garners better
readership than any security issues in India. Therefore
shoddy construction work made the front page news
whereas security issues went on to page 17. Further, and
this is even more shocking, one of the national news
channels was actually showing footage of the
demolition of the Babri Masjid in 1992. Now bear in
mind the decision of the Allahabad High Court was still
supposed to come out on Friday. The Supreme Court
had not deferred, so at this point there is a news
channel showing extremely provocative footage of
Hindu fundamentalists running rampage in Ayodhaya
and L. K. Advani making speeches. All this, 2 days
before the title suit is expected. Further, if you go on to
see, it wasn't that they are just sensationalizing
something to bring fore facts, most of the times, this
sensationalization is used in order to eclipse fact.
Simple example, on the same day there was an Arctic
Conference held in Moscow, hosted by Russia and
attended by US, Canada, Norway and Denmark. This
was simply to have a reasonable solution of sharing
resources of the Arctic. This holds great importance
and has a great impact on the world itself because the
Arctic is supposed to have natural oil resources of
almost 1/4th of the entire world. Now the conference
itself was a bit farcical, but what was really making
headlines in other news channels, not in Indian news
channels, was the fact that Russia has been slowly
encroaching on the Arctic Circle in order to claim a
larger stake of the resources. This is again information
that is extremely vital to a country like ours given that
we're supposedly the 3rd biggest and the 3rd most
powerful nation in the world! It is something that we
ought to know, it is something that the media is
responsible to tell us. However the Indian media chose
to focus on the shame of the CWG. Mind you, not the
sports people, but the shame of the CWG and the Babri
Masjid demolition of 1992. How can this kind of media,
in any manner, be defended? I'm sorry to say, and this is
truly shameful, that our national media doesn't seem
to have any credibility at all, at least in my opinion.
19
With regards to the responsibility of the media, there
are adequate guidelines of how the media should
be handling themselves and how they should report
the news. This is the important part, any time that
the media is overstepping its bounds, there are ways
So sen sa tio n a lism in itself ca n n o t be ter m ed a s
h a r m fu l a n d it is n ecessa r y fo r th e m ed ia h o u ses to
su r vive, sim p ly beca u se it's a bu sin ess a n d a
bu sin ess is exp ected to m a k e p ro fit.”
– Ar n av
WADIA GHANDY & CO.
and means to bring them back into the bounds. That is
a matter of fact and on case by case basis you have the
PCI, you have the News Broadcasting Association
which allow you to take action against media houses,
against newspapers for any apparent fiction that is
eclipsing fact, if you feel in any way that they are not
complying with the ethics of journalism. So
sensationalism in itself cannot be termed as harmful
and it is necessary for the media houses to survive,
simply because it's a business and a business is
expected to make profit, and if a business is supposed
to make profit you have to allow them the freedom to
do so. Every time they over step their bounds, it is your
duty as citizens to correct them.
20
Prof. Daswani: Okay, excellent.
Each one has his own views
and now I leave it to the
audience to ask questions to
either one of them or shall I
start with one question?
Arnav, you said that if there is
a flaw on the part of the media
then we have certain rights
and we can hold the media
responsible for sensationalism. Do you know of any
instance where any media house has had to pay any
penalty or any damages for such an incident?
Arnav: The PCI, if you see their website, has last year
dealt with around 80 cases against newspapers. But it
does not involve paying a penalty. The News
Broadcasting Association, however, allows the
members of the Association to impose a penalty on the
media houses. Any particular cases I am not aware of.
Prof. Daswani: So, in effect, the proposal you have put
forth is non - functional. Particularly in the case of 26/11,
where a lot of sensationalism was brought out. The
media houses were allegedly helping the terrorists
with some information to achieve a sensational
breaking news aspect. Was there any action taken? Was
there any penalty? Was there any embargo hence forth?
Because you have to remember the damage has already
been done.
Arnav: Not that I am aware of, but action has to be
taken by the government or the citizens.
Prof. Daswani: Let's move on to some other
questioning, open to the audience.
Janhvi Shetty (Audience): I have a question for Arnav. You
said that if we wanted to watch international news we
could get it on CNN or BBC or some other international
channel which would be reporting something like the
Arctic Conference. But as you are aware, most of the
people in our country cannot understand or speak the
English language, so do we rob them of the right to that
information by airing mostly unimportant news like the
Abhi - Ash wedding? I'd like to just address the point you
(Pranay) made about the sensationalism with the media
during 26/11, when Rajdeep Sardesai was questioned
because of his irresponsible reporting, he just came
around and said, “I am sorry, Sir, we do not know”, and
that was his public apology.
Arnav: The point is, there are 2 news items that you
have mentioned. People seem more interested in
knowing about the Abhi - Ash wedding than anything
else. Now you are not robbing their right to know, they
have access to the internet, they have access to the
newspapers. It might be a smaller article, it might not
be highlighted, it might not be on the first page but it
would be reported.
Kunal: The topic, if I can just remind everybody is
“Sensationalism in the media: Is fiction eclipsing fact?”.
We are not sitting here today and justifying action or
inaction of the media in reporting something that you
feel should have been reported. Neither are we sitting
here and telling you “look in the name of
sensationalism, let the media publish anything”. No,
you are all educated citizens, if you have any issues
with the media take it up. There are enough laws, you
have a court of justice, do what you need to do as a
citizen and go and take the necessary action, don't sit
here in judgement. All we are saying here is,
sensationalism has its advantages. It is required in
today's day and age. Sensationalism of burning issues is
what helps form and mould public opinion, and move
Yo u a re a ll ed u ca ted citizen s, if yo u h ave a n y
issu es with th e m ed ia ta k e it u p. T h ere a re
en o u g h laws, yo u h ave a co u rt o f ju stice, d o wh a t
yo u n eed to d o a s a citizen a n d go a n d ta k e th e
n ecessa r y a ctio n .”
- Ku n a l
towards an improved direction. It brings about a
change. We are not here to pass off lies in the name of
sensationalism.
Prof. Daswani: Kunal, just one minute, the mike system
is very efficient, so you need to keep it down. A good
point that he (Kunal) made, he re-clarified the topic
very clearly, although with questionable judgement
here. Do you want to respond to that?
Sneha: Speaking of public opinion, you are right, that is
exactly what the job of the media is today. They are
supposed to give you an informed piece of news so that
you can form an informed public opinion. How can you
form a public opinion on something that is so
horrendously one sided? Look at the CWG, I am sorry I
keep bringing it up, but I am extremely disgusted with
the media. You see BBC World, not to say that they are
better than us, it just seems that they gave a more
positive report of the CWG. Unheard of right?
the fact that 80% of all forms of our media tend to
border on sensationalism, it is time that we bring about
a certain amount of accountability - legislation or a
code or some kind of a ruling? Because professional
ethics, let's face it, does not come naturally to us as a
country.
Kunal: BBC World, sitting in London, can report what
they want about the CWG. It is not their country that's
hosting the CWG and facing the shame that we are
facing in the 9 days to come. There is s**t in the rooms
in which these athletes have to stay. God! There is so
much s**t that the people are refusing to clean it. BBC
World can sit and praise and say they have done so
T h e laws th a t a re in p la ce, if I ca n be h o n est with
yo u , a re to o th less tig ers a n d th a t is wh y p o ssibly th e
m ed ia is g ettin g away by d o in g wh a t it is d o in g.”
– Ku n a l
B B C Wo rld , sittin g in L o n d o n , ca n rep o rt wh a t th ey
wa n t a bo u t th e CW G. It is n o t th eir co u n tr y th a t's
h o stin g th e CW G a n d fa cin g th e sh a m e th a t we a re
fa cin g in th e 9 d ays to co m e.”
– Ku n a l
much. This is a real problem and the role of the media is
to report it.
Sneha: The role of the media extends to reporting it Kunal: You can be disgusted
but honestly, I think we need
to know what is going on in
Delhi right now. As tax payers
we have paid money and they
have spent crores of rupees of
our money on this nonsense
and Kalmadi is making a profit
and you want us to sit in
silence over here?
Sneha: I am not sayingKunal: You want us to applaud them? BBC World will
applaud them, it is not their money and their country
which is at stake.
As ta x p ayers we h ave p a id m o n ey a n d th ey h ave
sp en t cro res o f r u p ees o f o u r m o n ey o n th is n o n sen se
a n d K a lm a d i is m a k in g a p ro fit a n d yo u wa n t u s to
sit in silen ce o ver h ere?”
– Ku n a l
Ranjeev Carvalho (Audience): Good morning. I hate to
be party to the barrage of questions to this side (The
Opposition), but for me personally the media has
always been an irresponsible and inconsistent
commodity. You very rightly highlighted a remedial
mechanism that is in place. Don't you think, in light of
Pranay: Okay, I want to re-clarify to Kunal, particularly
to tell you what I think the
topic is. The topic is not only
sensationalism, the topic is,
the media's role and how
fiction through the media
sensationalism is eclipsing the
fact. Sensationalism is not the
only way media eclipses fact,
and you said, we don't have to
sit in judgement here, we can
go to the court. Why should
we not sit in judgement? We
are law students, we have to sit in judgement, that is
our role. We have to sit in judgement of not just
sensationalism, but of every vice that the media
suffers
Yo u ca n n o t say th a t sin ce we h ave
from. You
better o p tio n s o f CNN o r B B C, th a t ta k es
cannot
a wa y fro m th e m e d i a 's so c i a l
say that
resp o n sibility.”
– P ra n ay
since we
have better options of CNN or BBC, that takes away
from the media's social responsibility. Don't forget,
they have a fundamental right, the freedom of press is
included in Art. 19. They have a fundamental right to
express themselves, and a fundamental right has to
come with a fundamental duty. My point is they
are only exercising the right and not performing the
duty.
Prof. Daswani: Are there any questions for the
Proposition?
Shanelle Irani (Audience): Basically the excuse
the media gives every time, is that the people want
to watch what they show. If they didn't, they would
automatically shut down. Don't you think the
media is just catering to what the public wants?
KNOCK–OUT!
Prof. Daswani: Okay thank you, Kunal. Sneha, you see,
the point Kunal is trying to make here is, there is a fact,
but only when you sensationalize the fact, does the fact
drive home. The point is, if you have a list of facts that
are defects in the CWG, you'd probably turn the page
and look at something else. The point he is trying to
make here is, because he has sensationalized it, that is
why you sat up and took notice. Any questions from the
audience?
Kunal: I agree with you, that we must have some
better laws in place. Actually, the laws that are in
place, if I can be honest with you, are toothless tigers
and that is why possibly the media is getting away by
doing what it is doing. But you can't blame that on
sensationalism, that's my point. In terms of whether
or not we should, that is a debate for another day, let's
stick to the topic. Let's talk about sensationalism and
how it's affecting you.
21
What ethical codes are they breaking when they show
Abhishek and Aishwarya getting married?
Sneha: I agree with you, that if they are showing
something, then obviously someone is watching. My
point being, who are these people who are watching
the Abhi - Ash event for 24 hours, and even if there are
a majority of these people that are doing this, simply
because the media is a business and a corporate
organization, they cannot forget that they are our
only source of information. You cannot raise your
hands as a news channel and say, “Oh, we are sorry.
It seems we don't care if there is a war going on
somewhere, the fact that Abhi is marrying Ash is more
important to us.”
Prof. Daswani: You see the question here is quite
different. Coming back to the topic - Is fiction
eclipsing fact? I feel the Abhi - Ash wedding can coexist along with any other story out there, so let's
leave the Abhi - Ash wedding out of the equation. We
will go by the Commonwealth example. Could you
justify that fiction has eclipsed fact, and it is only due
to some news channels who are sensationalizing it?
Sneha: To answer your question, one form of
sensationalism to me is a completely biased view
being shown. For example, if there are two sides of a
coin, showing only one side because it would appeal
WADIA GHANDY & CO.
Yo u ca n n o t ra ise yo u r h a n d s a s a n ews ch a n n el
a n d say, “ O h , we a re so r r y. It seem s we d o n 't ca re
if th ere is a wa r go in g o n so m ewh ere, th e fa ct th a t
Abh i is m a r r yin g Ash is m o re im p o rta n t to u s.”
– Sn eh a
22
to the public more, I feel, is unethical and incorrect. At
least make a mention of the other side.
Sensationalism, I agree with him (Kunal), has a lot of
positives. But the point is, it has a lot of disadvantages
as well. When they show sensationalist news, they
often forego it for showing other news that is
relatively important.
Prof. Daswani: That really is a freedom of choice. It
still doesn't answer the question whether in the CWG
fiction has eclipsed fact?
Prof. Daswani: Okay, any questions?
Madhavi Doshi
(Audience): Is it not
true that the cases
such as Jessica Lal and
Nithari killings have
been highlighted
because of the media?
If not for the media
these cases would
have been sidelined
and today a judgement wouldn't have been given.
A question to the Opposition, when they say that we
should not pass a judgement in these cases, isn't media
actually passing a judgement and already planting a
seed of thought in the minds of the people?
Prof. Daswani: So now you have a multi pronged attack
here…
Pranay: Actually, I think you have answered your own
question. Of course the Jessica Lal case is a tragedy, we
have to make sure that justice is done, but what is
justice? Is justice done when Barkha Dutt comes on and
tells you Manu Sharma is the murderer, hang him now?
If that is the justice system, we should all just take a
ballot paper and vote for who we think is guilty. What
are courts doing in this country? What is the law doing
in this country? The fact is, the news channels have to
report what happened. They don't have to pass
judgement as to whether Manu Sharma is the killer or
whether these bullets were fired from his gun or not.
We are here to make sure that media stays within its
bounds of being an informative agency.
Kunal: Yes, I agree with Pranay, that media should stay
within its bounds, give an unbiased picture, etc. What
I'm hearing a lot from them is ethics and ethics,
boundaries and boundaries. Again I'm telling you, that
ethics and boundaries are a debate for another day.
Again I'm saying you cannot pass off lies or unethical
reporting in the garb of sensationalism. Now, coming
to what she said, the Jessica Lal murder and the Nithari
killings, I can add hundreds of other examples, drunk
driving in Bombay city, CWG, Prince falling down the
hole, the Ayodhya verdict - let me add to this - I have a
list, one second, [audience laughs]
Pranay: Sir, if I can just answer that. I don't think we
should look for every instance where fiction eclipses
Prof. Daswani: Kunal, go on, go on…
fact. Even if I do agree with your point that there has
been no eclipsing of fact by fiction, in this case, does
Kunal: The rot in the judiciary, are the judges corrupt
that exempt the media from eclipsing fact in all other
etc. These are all burning issues that are brought out by
cases? Are we saying that because they
Is ju stice d o n e wh en B a rk h a D u tt co m es o n a n d the media that
haven't eclipsed facts in this case, that's
tells yo u M a n u Sh a r m a is th e m u rd erer, h a n g w o u l d h a v e
fine, let them do whatever they want to do
h im n o w? If th a t is th e ju stice system , we sh o u ld otherwise been
a ll ju st ta k e a ba llo t p a p er a n d vo te fo r wh o we brushed under
in every other case? Of course the CWG is
th in k is g u ilty.”
– P ra n ay t h e c a r p e t ,
the shame of the nation, we need to know
about it. I am not saying the media goes
gone unnoticed. I told you in the case of Police
wrong everywhere, but the media has a responsibility
Inspector Rathod, in the Ruchika Girhotra case, he was
to be right in a lot more areas than they are.
let off and it was the media that brought it back in the
limelight. As a result of which, today, he may face the
death penalty. That is the advantage of having an active
media, that is what we are in support of. We are not
justifying anything that you feel is unethical - No.
Prof. Daswani: So are you suggesting that, what the
media does is merely creating creative reporting which
is what we term as sensationalism?
an opinion, why is that opinion thrust upon the public?
Kunal: Because, unfortunately, in a country like India
and Sneha actually personified that 10 minutes ago, she
said CWG, CWG…it's that chalta hai attitude which is
why we are suffering. If you don't highlight and
sensationalize the real issues, the public and the
government in India just sits and says chalta hai, it
L o o k a t th e sta te o f a ffa irs in o u r co u n tr y, th e p o verty. Peo p le a re sellin g th eir o wn ch ild ren fo r m o n ey so th a t th ey ca n
ea t. D o n 't yo u wa n t to k n o w th a t? It's th e m ed ia wh o brin g s th a t to yo u . It's th a t sen sa tio n a lism wh ich is go in g to brin g
th e ch a n g e in th is so ciety. If yo u d o n 't h ig h lig h t a n d sen sa tio n a lize th e rea l issu es, th e p u blic a n d th e go ver n m en t in
– Ku n a l
In d ia ju st sits a n d says chalta hai, it d o esn 't tick le m e wh y sh o u ld I ca re?”
Kunal: Yes. What the media does is, where it feels that
there is an issue that needs to be highlighted, an issue
which the public needs to be made aware of, which is
going on in some godforsaken corner of this country or
this world, which we would otherwise not be made
aware of, they bring it to the front page, they make it
the headlines. Five days ago a woman sold her child for
` 400. Is that not sensational? That is sensational. Do
we not need to know that? We need to know that. Look
at the state of affairs in our country, the poverty. People
are selling their own children for money so that they
can eat. Don't you want to know that? It's the media
who brings that to you and here you're saying
sensationalism sensationalism. It's that sensationalism
which is going to bring the change in this society.
Pranay: Can I respond to that?
Prof. Daswani: No, let's have more questions…
doesn't tickle me why should I care?
Sneha: Just to clarify, what I was saying, if I may,
the attitude was not, Kunal, that CWG is rubbish chalta hai. What I was trying to highlight is, other
important events were also going on in the world
and maybe they could have taken the time to
mention it during their 4-5 hour long, repetitive
reporting.
Kunal: Am I saying the media is great? No. All I'm saying
is if you find that they were lacking in that department,
I'm agreeing with you. They should have reported it, it
is sad that they didn't. But don't blame it on
sensationalism. Where is the co-relation?
Pranay: We aren't only blaming sensationalism, Kunal.
We are blaming the media in general. It's not only
sensationalism, there are lots of vices of the media. We
are here in judgement of all of that.
Paridhi Shroff (Audience): I realize that journalism and
the media have an inherent duty to just report. What
annoys me about the media is the fact that it comes
loaded with opinion. Why does every news article have
to become an editorial? News is what it should be - a
Kunal: In that regard, I too am blaming the media,
Pranay. Since you brought up fiction eclipsing fact, let
me just tell you -
statement of facts. I think there should be somewhere
where we draw the line.
Kunal: The dictionary meaning of 'fiction' is - any
literature dealing with imaginary characters and
situations, something invented or imagined. And what
is fact? 'Fact' is anything done, anything actually true
and that which has happened. The CWG disaster has
happened!
Pranay: The topic brought that up -
Pranay: Okay Kunal. Sir, I'm just… can I just respond to
that? Kunal, I don't think -
Paridhi Shroff (Audience): But everybody wants to create
Prof. Daswani: Let me speak, I want to respond to that
KNOCK–OUT!
Arnav: Information is available to you everywhere. Do
you have time to sit and go through a report of some
godforsaken department of the government and
connect all the dots? Honestly, the role of the media in
a democratic society is to create public opinion and to
channel it to bring about a change.
23
WADIA GHANDY & CO.
24
is calculated by the people actually watching. Now if
too [audience laughs]. That definition of 'fiction' was
you feel that you could have watched the Jessica Lal
very interesting. There's this news channel called India
case for one minute but other people chose to watch it
TV. If that is not fiction then I'm not here! I believe that
for 30 minutes, they want to watch it. The TRPs clearly
there are these UFOs coming around and picking up
show that people want to know more about this. It is as
your cows. So the
simple as that. Now are you trying to say that in the
poor
farmers
are
T h ere's th is n ews ch a n n el
Jessica Lal case the media was reporting something
ca lled In d ia T V. If th a t is really worried that
n o t fictio n th en I'm n o t UFOs are picking up
that was not true? I do not agree with that Proposition.
h ere! ” – P ro f. D a swa n i the cows. And that
The point is that the facts are there, the facts are true.
What the media has done is bring it to the forefront. For
really is what makes
years and years murder cases have been reported in
India TV sell. And maybe we should move to this
some godforsaken corner of the newspaper on the
particular aspect. Is sensationalism or wanting to sell a
sixth or seventh page. But what they have simply
particular product making you eclipse the fact or are
done is, that instead of giving it three inches, given
you hiding the fact? Not with fiction as put down in its
it fifteen on the first page and that has led to a
dictionary meaning but fiction more in its generic
change.
terms, that is, non statement of the fact or a creation of
an opinion. So sensationalism really allows you to say
Prof. Daswani: Okay, I think he has effectively answered
that CWG is bad but it also allows you to say that the
your question.
CWG is good, so there will always be an opinion and a
Pranay: Sir, can I just make a
counter opinion.
Ju st beca u se I'm sen sa tio n a lizin g d o esn 't point? I think Kunal and Arnav are
m ea n I'm lyin g. T r u th a n d sen sa tio n a lism actually making two different
Yuvraj Choksy (Audience): As
a
re n o t en em ies o f ea ch o th er, th ey go h a n d
Arnav mentioned before, that
in
h a n d .”
- Ku n a l points. Kunal seems to think that
news channels find their income
the role of the media is to make
through the way of advertisements and sensationalist
sure that this chalta hai attitude of the Indian public
media. Are you trying to say that the fabrication of
goes away and when we see something that's wrong
truth is the only way that the media can earn money?
we stand up and question it. On the other hand, Arnav
is
saying that they're sellers in a market, they want you
Arnav: We are not about fabrication at all. Think of it
to
buy their product. I just want to know, what is the
like this - You're in a market, you walk down the
stand
of the Opposition? What is the excuse for
market, there are hundreds of sellers screaming at you
sensationalism
or fiction covering fact? Is it that
“buy my product, buy my product”, “ watch my show”.
they're sellers in a market or they need to make sure
That's all that it is. Now you, as a consumer, are
that public opinion is formed?
choosing whether you want to watch Aishwarya and
Abhishek get married or you want to watch the Arctic
Prof. Daswani: Due to paucity of time let's assume they
Conference, it's as simple as that.
are both and I think it'll be safe to assume they are both.
Yuvraj Choksy (Audience): Can the media not
Rubin Vakil (Audience):
sell the truth as the truth itself? Does it need
Arnav made a point
to be sensationalized just for it to be sold?
regarding TRPs. Now
Are you trying to say that the Nithari killings
he says the channels
or the Jessica Lal murder could not have
get TRPs because they
been sold on the truth itself? Did it need to
are showing the
be sensationalized?
Jessica Lal murder
case, does that mean
Kunal: I think you're a little confused. Truth
the people want to see
is one thing, sensationalism is another thing.
that? No, I don't think
Just because I'm sensationalizing doesn't
so, because if NDTV,
mean I'm lying. Truth and sensationalism are
CNN IBN and India TV
not enemies of each other, they go hand in
are showing the same, they have no choice but to watch
hand.
the
Jessica Lal murder case.
Yuvraj Choksy (Audience): What I'm trying to say is,
without sensationalizing that piece of news, there
was adequate viewership. If any news channel was
reporting it even as one minute of its entire showtime
of 30 minutes, it could get that particular channel the
TRPs that it required because it was relevant, not
because it was sensationalized.
Arnav: The point being, how is TRP calculated? The TRP
Arnav: The point is, if people don't want to see it then
don't watch it. Turn it off. Nobody's forcing you to
watch TV, it's as simple as that.
Prof. Daswani: Yes, but Arnav you see, there is a certain
sanctity that we accord to news channels. Most of us,
when we watch news channels, believe 90% of it.
However intelligent and discerning we may be, we
cannot really ignore it. If it's up there on TV or there on
the front page of the newspaper, we would tend to
believe it.
Arnav: The point is, as a discernable viewer you do tend
to believe it, but you are required to apply your rational
mind to what is given to you.
Prof. Daswani: Yes, but that might be very difficult for a
large proportion of the country.
Arnav : You expect a large population to vote and elect
a leader but you
cannot expect them
to read and discern a
media report?
Prof. Daswani:
Naturally you're
not suggesting that
because he can vote
he is a discerning
reader?
Arnav: No, I'm
suggesting that in a democracy every person is
expected Prof. Daswani: See -
Raunak Shah (Audience): Going back to probably what
Arnav said, you still have channels with better
journalism. We, as the educated elite can watch them.
It's our choice.
Sneha: So are we trying to say that the Indian media is
simply incompetent so why don't we just go to some
other media?
Raunak Shah (Audience): No I didn't mean the foreign
media Sneha: No, any media. The point
is, how can a media house come
up and say that this is what we
want to show and if you don't
like it you can go ahead and
watch something else, when
they have a responsibility
towards the citizens of India?
I'm not even saying that they
need to spend 15-20 minutes of a
show on a particular article, but
they should at least cover it. And
you cannot say that now turn to the foreign media
because we don't care what's happening in the world. I
don't think that's correct.
Arnav: Just because he is illiterate or -
Sneha: I agree with you, we are a very diverse people
and there is different news that is important to
different people. The point that we're simply trying to
make is that when certain news comes up that is
sensational, what tends to happen is that one incident
takes precedence over all the others, to the point where
we are not even able to know of the other incidents
that are happening. In that manner, you are left
uninformed about say 9 out of 10 issues, but 1 out of 10
issues, you have heard over and over again and are very
well informed about.
Vipul Joshi (Audience): My question relates to Kunal and
it specifically regards the example you gave of the child
falling in the 60 feet well. The problem I have with that
particular piece of news was that it went on for 50
hours. Wasn't there anything more important or any
other thing going on in the rest of the world during
those 50 hours that the media did not bother to cover?
The kind of details which it was covering and whether it
was regarding the CCTV cameras going down the well or
people praying at the Siddhivinayak. Don't you think
such details could be ignored and devoted to other
things which might be going on in the rest of the world?
KNOCK–OUT!
Prof. Daswani: Let's reorganize some thoughts here.
Whether
it is sensationalism qua sensationalism; that
Prof. Daswani: I'm sorry, this is turning out to be a
means
sensationalism
only for the purpose of
debate between you and me which really should not be
sensationalism
or
a
fact
that
is sensationalized. So if the
the case. Let's have some questions which are different
water
in
Mahim
creek
has
become
sweet, and was no
from what has been covered so far.
longer
salty
and
everybody
went
to
drink
it, your media
Raunak Shah (Audience): My question is to Pranay and
did
that
right?
Okay.
And
then
milk
was
coming
out of
Sneha. In a country like India, can we generalize the
Ganpatis
and
suddenly
at
everybody's
house
the
media? We have 30-40 news channels running
Ganpati
started
giving
milk
at
this
particular
time.
successfully. The fact that they're running implies that
Now, these are news articles that are sensational only
people are watching them. You have a wide variety of
for the purposes of being sensational and so maybe the
people. What we, as the urban and educated elite in
question
should arise: Should news channels carry such
the country, find important may not be important
hype
and
devote huge time to such articles? On the
for someone in a rural area, what we may
other
hand,
there is a particular fact about a baby in a
find sensationalized or trivial may be important
60 foot well. Should they sensationalize it
for someone else. So is a
So a re we tr yin g to say th a t th e In d ia n so that it achieves a particular social or
blanket restriction on the
m ed ia is sim p ly in co m p eten t so wh y
judicial purpose? I think these are two
media justified in a
d o n 't we ju st go to so m e o th er m ed ia ?”
country like ours where
- Sn eh a points that may be, as we move along in
this discussion, the questions can be
you have such a diverse
addressed
towards.
society?
25
WADIA GHANDY & CO.
Kunal: I completely agree with you. I think the media
does need to exercise a bit of self-restraint. They need to
be a little more objective about this and remember that
yes, there is other news going on around the world that
they need to cover. About those 50 hours, that poor boy
was stuck for 50 hours and the entire ordeal lasted 50
hours. That's why, possibly they went on and on and
even I personally got sick of it. I am not justifying it, all
I am saying is, take that as an example to show you
26
I can barely see two hands in this entire class. In my
house, the servants watch India TV. In my building, the
watchmen watch India TV. That's the choice that India
TV may be making. They want to cater to that kind of
audience. If you want credible reporting which you
think appeals to you, you may turn on to CNN-IBN.
That's your choice.
Pranay: Sir, can I make a point? I think we are harping
too much on the choice of the media and the right of
Is it n ecessa r y to sh o w beh ea d ed bo d ies, cu t a r m s, wh en yo u wa n t to sh o w the media. We are forgetting that the
th a t th ere wa s a m a ssa cre in a p a rticu la r p la ce, ju st beca u se it m a k es it media also has a responsibility. That is
sen sa tio n a l o r sh o u ld th e m ed ia ju st rep o rt th a t ‘ n ’ n u m ber o f p eo p le why they have been given such power.
d ied ?”
- P ro f. D a swa n i They are probably the most powerful
organ in our state today. With power
what the power of the media is. How this boy would
should come responsibility, we seem to forget that the
have otherwise died stuck in that hole but because of
media reports what it wants to report and what gets its
this sensationalist reporting, a section of the Army was
TRPs and its revenue without a sense of responsibility
sent to Kurukshetra and he was rescued. That is the
and that is what we are questioning today. It cannot be
power which needs to be wielded in a, I would think,
all about the choice of the media and what sells and
more mature fashion.
what gives them their business Prof. Daswani: Also, that's really the choice of the
Prof. Daswani: Pranay, are you suggesting that there is
media on what they show and obviously since the
an
eleventh commandment? That thou shall not
Proponents and also the
sensationalize because thou
Opponents in this case got
art responsible? Because that
sick of it, probably when
would they showed it beyond 50
hours you were switching
Pranay: I'm not suggesting channels anyway. They
Prof. Daswani: Because that's
probably lost TRP ratings on
what it seems. So thou shall
that. That really is a matter
not sensationalize because
of choice. But, the earlier
thou have a duty and thou are
point I made, can we go back
responsible and you know,
to asking some questions
that would put most lawyers
on - is it necessary to show
out of business, in courts.
beheaded bodies, cut arms,
Pranay: Sensationalism, I'm
when you want to show that
saying, may be to a point, is fine but you have to
there was a massacre in a particular place, just because
understand it makes it sensational or should the media just report
Prof. Daswani: They are both agreeing with each other that ‘n’ number of people died? Because you are aware
that under certain press rules of other countries, you
Kunal: He's switched over to our side!
are prohibited from showing scenes that are offensive
Pranay: Not at all, nobody is switching over to their
to human beings. Can we move the discussion to this
side, that is the devil's advocate. No, what I'm saying is
level? Any questions?
that sensationalism may be required in burning issues
Harekrishna Ashar (Audience): Why does the media
like Harekrishna said. But when your premise is that
sensationalize so many trivial issues, why don't they
I'm a business, I will do what I want, give them what I
sensationalize so many important issues, why not
want so that I get my money and I will show no
sensationalize something about the Arctic? Isn't that a
responsibility in doing what I'm doing, that is when
burning issue also? The media is just out there to make
there is a wrong being committed.
a profit.
W h en yo u r p rem ise is th a t I'm a bu sin ess, I will d o wh a t I wa n t, g ive th em
Kunal: I don't know what the public
wh
a t I wa n t so th a t I g et m y m o n ey a n d I will sh o w n o resp o n sibility in
wants. The media houses know what
d o in g wh a t I'm d o in g, th a t is wh en th ere is a wro n g bein g co m m itted .”
the public wants. The media houses
– P ra n ay
know what's going to drive the TRPs.
Komal Modi (Audience): This is regarding the India TV
But if you are asking me personally, I completely agree
point that Kunal made. He said India TV is directed
with you. I think resorting to sensationalism to boost
towards the masses or rather your servants or that sort
viewership is not a sustainable strategy. How many
of group. So are you trying to say that just because India
people here watch India TV? (Looks at the audience)
is the choice of the viewer to see what he wants. The
TV is not catering to the educated masses that means
topic for today is, is sensationalism or due to
that they should be denied the right to correct and
sensationalism, is fact being clouded due to some
meaningful news? Does that mean that only English
news channels or CNN-IBN should
So we h ea r 103 p eo p le d ied in K a sh m ir a n d we tu r n th e p a g e a n d rea d th e
portray the truth and not India TV?
co m ic strip. B u t if yo u were to see th e bo d ies o f 103 p eo p le d ea d a n d
Doesn't India TV have the obligation to
ch ild ren with bu llets in sid e th eir bo d ies, wo u ld yo u th en wa n t to k n o w
give news which is more important than
m o re a bo u t K a sh m ir?”
- P ro f. D a swa n i
what it currently gives?
fictional news or some creative demonstration of
Kunal: The answer is yes.
opinions, views etc. and the topic would continue to be
Komal Modi (Audience): Then why aren't they giving it?
and restrict questions to - is there a responsibility of
news channels not to sensationalize because they are
Kunal: Ask them.
supposed
to give fact? So we hear 103 people died in
Komal Modi (Audience): So are you defending that
Kashmir
and
we turn the page and read the comic strip.
action?
But if you were to see the bodies of 103 people
Th ere a re 200 n ews ch a n n els a n d 50, 000 reg istered n ewspa pers in dead and children with bullets inside their
In dia to day. Th ey a re bro a dca stin g n ews 24/7. At so m e po in t o f bodies, would you then want to know more
tim e th ey a re go in g to r u n o u t o f in fo rm a tio n .”
- Ku n a l about Kashmir? I think that would be the focus
on either side of the topic. Can we have
Kunal: I told you, I'm not here today to justify
questions restricted to this?
something that is wrong, something that is
Manali Sangoi (Audience): At the very outset you gave
irresponsible, something that is a lie. The media has a
the
definition of sensationalism, wherein you said it's
responsibility to fulfill and if India TV is not fulfilling
something
intended to horrify or shock. But when
that responsibility in your opinion, you can take the
you're
sensationalizing
something, doesn't it
necessary action against that.
automatically amount to exaggerating facts which
Tanvi Randhar (Audience): With regard to viewership
and choice, I've seen this in the 1-2:30 slot in the
afternoon, each and every news channel right from Star
News to India TV, show shows that pertain to what's
happened in the week in some other shows on different
channels. When you change the channel you're again
seeing the same thing. You know you're already seeing
those things on those particular shows if you're
interested in seeing them. Would you like to comment
on that?
slowly turns to twisting facts? And sometimes you're
giving details which are not necessary and in a bid for
that event to gain more eyeballs, you ignore something
else. So isn't sensationalizing amounting to
irresponsible reporting?
Arnav: Okay, first of all I would like to clarify,
Pranay: The reason that these news channels should
sensationalizing per se doesn't mean lying. What it
not be allowed to run these comedy shows, Kunal, is
does is, it brings out facts that you would have
because they say they are “News
T h e rea so n th a t th ese n ews ch a n n els sh o u ld n o t be a llo wed to r u n th ese
Channels”. If they say that “12 hours in the
co m edy sh o ws, Ku n a l, is beca u se th ey say th ey a re “ News Ch a n n els” . If
th ey say th a t “ 12 h o u rs in th e d ay wh en I h ave n ews I'll sh o w yo u n ews a n d
day when I have news I'll show you news
- P ra n ay
th en I'll en terta in yo u ” , th a t is fin e by m e.”
and then I'll entertain you”, that is fine by
me. But when you say all of this is news,
otherwise ignored. It might lead to twisting facts. We
it's reality, it's happening, and all of this is information
are in complete agreement. If you are of the opinion
you need to know and then they show comedy shows,
that the media house is twisting facts, is lying, take
that is not correct them to task. You have the law. The law is on your side.
Prof. Daswani: Okay, time. This discussion is not what
Prof. Daswani : Any comments from this side?
the topic is about today. Let us conclude that it is the
Pranay : First of all I want to talk about these laws that
choice of the news channel to show what they want; it
KNOCK–OUT!
Kunal: I completely agree with you. An interesting
statistic for everyone out here, there are 200 news
channels and 50,000 registered newspapers in India
today. They are broadcasting news 24/7. At some point
of time they are going to run out of information and
they are going to start broadcasting these comedy
shows for one and half hours every day. To my mind it
makes absolutely no sense. I think it should be stopped.
Pranay wants to add something to that -
27
Kunal and Arnav keep talking about. We all know that
there are one or two regulatory bodies, the PCI and the
Broadcasters Association of India. And both are
toothless. Kunal himself mentioned that they are
toothless. We have almost no laws that are stringent or
We h ave a lm o st n o laws th a t a re strin g en t o r th a t
co m e d o wn strictly o n a n y k in d o f sen sa tio n a lism o r
p a id n ews.”
– P ra n ay
that come down strictly on any kind of sensationalism
or paid news. Paid news is actually deception, its fraud.
Prof. Daswani: The question here is - is fiction eclipsing
fact?
WADIA GHANDY & CO.
Pranay: Of course,
fiction is eclipsing fact.
And when I hear
things like there is no
responsibility of the
media to correct that,
then we have a real
problem.
28
Kunal: Pranay you're
hearing things. No one
has said that. Now to
answer her (Manali)
question. See, it's sad. But the situation is such that,
today, unless you see a dead body, like he said a headless
body, strewn across the front page you're not going to
read that article, you are not going to care what's going
on in Kashmir or about the Malegaon blasts or Jessica
Lal or Ruchika Gihrotra. It's come down to a situation
where the Indian society is spurred into action only by
this sensationalist reporting. However, having said
that, it doesn't mean that you can twist fact. By
showing a headless body I'm not twisting facts. That
the man's head has been chopped off is a fact, I am just
showing you a photograph of it.
Prof. Daswani: Yes, a comment here. But showing that
headless body for the next 10 days, 20 times a day may
amount to undue sensationalism. Okay we are going to
entertain two last questions.
the media to do something like that? I
take an answer from Kunal that it
discuss on another day because
interconnected with sensationalism.
goes with sensationalism.
don't think I'll
is a topic to
I think it's
Responsibility
Kunal: You've brought up a very good point of trial by
the media. Just for the benefit of everyone here, there
is a Contempt of Courts Act in place. You see, trial by
media is this issue where the media, in a way, passes
its verdict and biases the public and possibly the
Judge. Now, trial by media has to be decided on a case
to case basis, and the fundamental test involved there
is, was there an intent
to interfere with “due
administration of
justice”. That is a
question of fact that
the Courts decide. In
the case of Aarushi
Talwar, yes there was a
gag order by the
Supreme Court, and I
am glad that they
gagged the media and
I think we need more
of that.
Sherna Doongaji (Audience): My question is directed
towards the Proposition. You said that the current laws
that are in place right now are toothless. The PCI has
set out guidelines, it has the authority to censure news
channels. You, as a citizen, can approach the PCI
yourself and take up a case against a particular news
channel that you think has erred in their judgement.
O u r ex - Ch ief M in ister, h is electio n wa s a p p a ren tly
d o n e by bu yin g a irtim e o n n ews ch a n n els. An d th ere is
a bso lu tely n o th in g bein g d o n e a bo u t it.”
- P ra n ay
Could you please suggest some other kinds of laws that
could help?
Pranay: First of all, I don't think any laws as such
should even be anticipated and the reason is this if we give the legislators, who are basically politicians,
Suchita Desai (Audience): Arnav said that
the power to censor the media, that is a day we don't
sensationalism is when you highlight a particular topic
want to go into. The answer I'm looking at, and you
that's being missed by the public. Although you've
asked what I suggest, I suggest that like the Medical
heard of trial by the media, you've heard of the Jessica
Council of India, have a regulatory body with
some teeth. Let them
Alth o u g h yo u 've h ea rd o f tria l by th e m ed ia , yo u 've h ea rd o f th e Jessica L a l ca se a n d th e have some powers. The
P riya d a rsh in i M a to o ca se, yo u ca n 't tu r n a Na p o leo n 's eye to ca ses lik e Aa r u sh i Ta lwa r,
wh ere th e m ed ia d id write o ff Ra m esh a n d Nu p u r Ta lwa r a s th e m u rd erers.” PCI has issued a report
– Su ch ita D esa i (Au d ien ce) w h i c h h a s t a l k e d
about paid news, but
there is absolutely no action being taken on it. Our ex Lal case and the Priyadarshini Matoo case, you can't
Chief Minister, his election was apparently done by
turn a Napoleon's eye to cases like Aarushi Talwar,
buying airtime on news channels. And there is
where the media did write off Ramesh and Nupur
absolutely nothing being done about it. Yes, laws
Talwar as the murderers. And when you affect public
which have been legislated by our politicians are not
opinion to such a great extent isn't it irresponsible for
the answer, I am never going to suggest that that is
the answer. But some introspective action, some
ethical standards being prescribed by, say, the PCI and
being complied with, that is the answer.
Prof. Daswani: Okay, shall we have a round of
applause for everybody? (Applause) Right, now it was
a very exciting discussion. I hope we kept it within the
ambit of what the topic was. I know each of the
panelists gets one minute to sum up and this one
minute will be very precise. The other panelist is
obliged to grab the mike and start speaking when the
bell goes. Can I also sum up in a minute? You know,
after hearing all this discussion, I think I am a person
trying to defend my house with an army of monkeys.
So I have to give the monkeys guns to defend me. But
then how the monkey is going to use the gun, I do not
know. So, naturally the conclusion is that the rights
have to be given, the press is obliged to sensationalize
because that is what is needed, even though at times
they over step the bar and go beyond. Okay, shall we
reverse the order of summing up?
Arnav: Okay, to sum up our stand in this debate sensationalism does not amount to lying. It amounts
to bringing attention to facts which are otherwise
ignored. The object being, to arouse an opinion, to
bring about a change in society, which is a must in our
Indian society. And considering our laidback attitude
towards democracy, I am
thankful for it. What I
would like to say further
is that our opponents
have been harping that
there should be more
teeth to the PCI. Yes, but
that is a legislative
change that has to come.
Sensationalization in
itself does not have any
relation to it. And the PCI,
by the way, does have a
code of conduct for
journalists.
on, which leaves the public woefully ill-informed
about them. And I don't think that's a decision they
should be making for us considering that it seems
like the Indian media is acting like a “whole”,
whatever you see on one channel is pretty much
what you will be seeing on another channel. Thank
you.
Kunal: I'd like to end on a philosophical note. No one
is perfect in the world, nor is the media. We were not
It is m y fir m o p in io n th a t th e m ed ia sh o u ld be
a llo wed to co n tin u e p layin g th e im p o rta n t
ro le th a t it d o es, in a co u n tr y su ch a s In d ia ,
wh ere rea lity in itself is sen sa tio n a l. An d th e
rep resen ta tio n o f th e In d ia n rea lity will o ften
be, a n d is sa d ly requ ired to be, sen sa tio n a l.”
- Ku n a l
Sneha: I'd like to sum up by just saying that our
stand is that the media itself should be more
responsible. There is no legislation that can help
us because the damage is done when it is
already in the news. So, predominantly we believe
Pranay: The three of them have covered most
that the media should,
P
red
o
m
in
a
n
tly
we
believe
th
a
t
th
e
of what I wanted to say. However, I just want
I know it's a bit of a
m
ed
ia
sh
o
u
ld
,
I
k
n
o
w
it's
a
bit
o
f
a
to
comment on what Kunal said right now.
pipe dream, try to
p
ip
e
d
rea
m
,
tr
y
to
self
reg
u
la
te.”
Yes,
India is a land where reality is sensational
self regulate. We are not
Sn
eh
a
but
all we're saying is let that reality be
against sensationalism,
reality.
Don't sensationalize that reality
we understand that it is required in certain
further
just
to
sell
your product. More responsibility
circumstances. But there are also circumstances that
to
the
very,
very
powerful
media is the ideal scenario
come to the fore, in which over sensationalizing an
today.
Thank
you.
issue eclipses other important issues that are going
KNOCK–OUT!
here defending the media, rather both of us were
trying to say that there is still a lot of scope for
improvement, by which the media can raise the
aspirations of the people, for which it is actually
meant. As I said at the very outset, the media is
like a watchdog in a democracy. It keeps the
government and the citizens on their toes. I cannot
think of a democracy without an active media. From
being just an informer, it has become an integral part
of our daily lives and the present media revolution
has helped people
make informed
decisions. With
the passage of
time, it is my hope
that the media
does become more
mature and a
more responsible
entity. However,
till then it is my
firm opinion that
the media should
be allowed to
continue playing the important role that it does, in a
country such as India, where reality in itself is
sensational. And the representation of the Indian
reality will often be, and is sadly required to be,
sensational.
29
COURTROOM
HUM UR
Mr. Fali S. Nariman
Senior Advocate
When C. K. Daphtary resigned his office as Attorney General (1963-1968) and came back
to private practice, I opposed him as counsel in a celebrated case: Firestone Tyre and Rubber
Co. Vs. Synthetics and Chemicals Ltd. (1971). I argued on behalf of Firestone Tyre and Rubber
Co. before Justice D. P. Madon of the Bombay High Court. When Daphtary rose to reply to my
arguments, he spluttered, “My learned friend..." he then cleared his throat and said “My learned friend..." he
coughed a little and again cleared his throat. The judge, very solicitously, said “Mr. Daphtary, why don't you sit
down and take a sip of water?" C.K. who was waiting for this opening said, “No, no, My Lord, it has nothing to do
with my throat. It is the arguments of my learned friend - I just cannot swallow them!"
Mr. Iqbal Chagla
Senior Advocate
It was the first day of the hearing of the celebrated Kesavananda Bharati case before a
Bench of 13 judges of the Supreme Court. Appearing for the Petitioners were a host of leading
and junior counsels led by Nani Palkhivala, arguably the greatest advocate of our time. Nani
was one of those counsels who was so focused in his argument that he could not bear
interruption – the junior appearing with him could make all his points in conference but never
in court.
As the arguments commenced there were a barrage of questions from the Bench – Nani had barely answered
one learned judge before another sought an answer. At the end of the day Nani sat down in exasperation: “I cannot
go on in this manner and I will not continue tomorrow.” C.K. Daphtary (affectionately known as Chandu Daphtary)
said, “Nani – please do not despair. I assure you things will be better tomorrow.” “Chandu, how on earth can anything
stop these judges from asking questions incessantly instead of allowing me to argue?” asked Nani. “Leave it to me”
was the wise reply. Chandu lit his pipe and sauntered into Chief Justice Sikri's chambers. “How nice to see you,
Daphtary. What brings you here?” “I thought I would share with you something that occurred today in your court.
There was this gentleman who brought his young daughter to hear this momentous case before you. And she was so
impressed.” “Was she really?” asked Sikri. “Indeed.” was the reply. “At the end of the day the young girl said to her
father: 'How handsome and elegant were those thirteen men sitting up there. And how well they spoke. But, father,
who was that rude man who kept interrupting them?'”
Sikri chortled and said “Point taken, Daphtary. I shall speak to my brother judges and I promise you that
tomorrow things will be different.” And so they were: Nani was allowed to argue uninterrupted and the rest, as we all
know, is history.”
Mr. Fredun E. De Vitre
Senior Advocate
Several years ago, when still a raw junior, I appeared in a matter before a Division Bench of
Justice D. M. Rege and Justice M. N. Chandurkar. The matter was very low down on the Board for
that day and not expected to reach. However, as happens sometimes, the Board “collapsed" that
day and the matter reached at about 4.15 pm - half an hour before the Court rose in those days.
Not being fully ready, I asked for a day's adjournment. Justice Rege - one of the kindest souls who ever sat on the Bench
- refused my application with a smile, saying, “No, no, wickets have tumbled today, you have come in to bat as the
night watchman and must continue at the crease until close of play today!" I somehow managed to argue till 4.45 pm
that day, when the matter was adjourned to another date!”
31
In the following section, we dust the cobwebs and look back into our archives
to republish articles written by legal stalwarts of today, who were aspiring law
students of Government Law College back then.
This article was written in the year 1962 by Mr. Rafique Dada, the first Additional
Solicitor General of the Western Region and currently a Senior Advocate whose
clients include the Government, stockbrokers Ketan Parikh & Harshad Mehta,
Dr. Manmohan Singh and several others. Mr. Dada chose Law over Chartered
Accountancy and has never since regretted his decision. He also taught in
Government Law College, a professor to many who are now High Court and
Supreme Court judges. It is ironic to see, after reading the following article, how
Mr. Dada, a source of inspiration to so many budding lawyers, struggled with
Contract Law as a student. Despite the pressure of a course as serious and time
consuming as this he still found time to let his imagination run wild and put into
words his thoughts and dreams.
We hope you enjoy reading this as much as we did!
A Strange Encounter
– Rafique Dada
My bus had arrived two hours
late at Musafir. I had no place to stay
that night and, reluctantly, I decided to
trudge the two miles of forest road to my
destination. It was a moonless night.
The sky was black with stars appearing
at intervals. The trees in the forest
at Ahulinagar, each with a history of
its own, stood like unmoving sentries.
One felt trapped and left with no
alternative but to follow the path into
the darkness. The cries of nocturnal
beasts made one's flesh creep. In the
distance a growl could be heard.
I shivered and clutched my heart as
a twig broke on my left and a rabbit
32
scampered across my path. Strange,
I thought that, I, a man, should get so
scared by a rabbit. With a smile
I remembered having told all the fair
faces at a party about my exploits in
this very forest. I went to Ahulinagar,
the population of foxes, wolves and
cobras suddenly went down, not to say
anything of the spirits who fled from my
virile hands.
The leaves rustled in the wind.
The forest seemed to be reprimanding
me, “So, you tell lies about us; well
we will tell you the truth.” The wind was
becoming stronger, slashing the leaves
with a sudden fierceness. And then a
hand touched my shoulder. “Hello, I was
looking for you,” a voice said. Surely,
I thought, it was only my imagination.
But the grip on my shoulder tightened.
“Ramesh Kumar, I have come to show
you the way to your uncle's house,” said
the voice. With great efforts I gulped
the scream that rushed to my throat and
looked behind me. I saw a man
of medium height, a broad frame and
blood-curdling looks. His face was brown,
his eyes cold and piercing, his nose
bulbous and very heavy, “I am sorry, I did
not notice you,” I muttered apologetically.
He did not reply but kept walking with
me. There was still a mile to go before I
would be out of the forest. I lit a cigarette.
“I cannot stand smoke; mind if I go
ahead?'' “Not at all, go ahead,” I replied
only too glad to be away from him.
Suddenly, I remembered the stories about
spirits fleeing away from fire.
My worst suspicions were
confirmed and I thought that it would
not be long before I too became a spirit.
The forest grew dense and we had
to use our hands to prevent the wild
growth of cactus from hurting us. My
cigarette had burnt out. My companion
casually turned to look at me. His brown
face was now white. “The forest is thick
here,” he informed. “Yes,” I said weakly.
“Good for a corpse or two,” he added
cryptically. And then suddenly like a
panther he sprang on me, his bony
fingers clasping my throat. I tried to cry
out but my voice was completely
choked. Dark mist swirled before my
eyes and I felt as though I was sliding
down an abyss. With a superhuman
effort I unknowingly lashed out with my
right. There was the sound of a solid
thud as the blow landed on his
chin. I felt something wet on my hand;
yes, it was blood. Again and again
with an instinctive violence, I lashed out.
His grip on my throat loosened.
And as suddenly as he came, he
disappeared. I need not tell you
that I covered the remaining distance
to my uncle's house in a record time.
I narrated my strange story to him,
and neither I nor he could say whether
I had run into a ghost dressed as a
robber or a robber pretending to be a
ghost …
It was getting close to midnight
and the party at Pritam's place was
fascinated by the story I yarned out
of my imagination. Meena, the sweetest
of them all, was visibly moved and her
sigh of relief when my story was over
would have made stronger men than me
fall flat.
To tell you the truth, dear readers,
I am an ideal dreamboy. I never went
to Musafir and I was never invited to
Pritam's party. I have not met Meena
either. Here I am in my bed imagining all
these hot tales to impress my charming
heroine who is equally imaginary.
And you bet this is not a bad change
over from my serious attempt for the last
hour or so to understand the exact
difference between a wagering contract
and a contingent contract!
33
`
Master's Slave Or Slave's Master
- Vidya Nair, III-II
A piece of Paper;
Our whole life revolves around it.
Signature moments as we call;
Are so few on record.
Hatred and Stress,
Pain and Agony;
Finding its due place in this piece of paper.
Erasing joy and happiness forever.
Insecurity creeps in; with the possession of the
papers,
Poverty follows man as soon as he abandons it.
Middle path is hard to find;
Since contentment is so rare.
A piece of paper,
Acts as Almighty God.
Leaving us human beings
As mere puppets in its hands.
34
Julian Assange and the Wikileaks:
The Contentious Hero and the Virtual Edifice.
– Shriya Kuruparan, V-II
“Courage is contagious”- motto of WikiLeaks
Julian Assange, co-founder, editor and
spokesperson of the whistle-blowing website
WikiLeaks, has been a subject of awe, scrutiny,
antipathy and general confusion. As an internet
activist, he co-founded WikiLeaks in 2006 as a source
driven, non-profit organization, supported financially
by Pay Pal and Master Card to name a few, collecting
and publishing classified and confidential documents
from anonymous sources all over the world for public
viewership. It is popular for its many publications
including extra judicial killings in Kenya, toxic waste
dumping in Africa, Guantanamo bay procedures, etc.,
and is gaining recognition and support from
volunteers across the world, who are attracted to it
due to its charisma and sensational achievements. The
release of “Collateral Murder”, a video depicting the
indiscriminate killing of people in the Iraqi suburbs
including journalists and children, by WikiLeaks has
put the US military to shame. But this was to be just a
glimpse of its portentous revelations.
“Political language is designed to make lies sound truthful
and murder sound respectful, and to give the appearance of
solidity to pure wind.”- George Orwell.
th
On November 28 2010, WikiLeaks released
2,50,000 diplomatic cables that American embassies
worldwide had sent to their Washington
counterparts, sending shockwaves through the entire
diplomatic circuit of the US government, leaving them
red-faced. These cables were shared by five major
media houses including the Guardian, The New York
Times, Le Monde, El Pa s and Der Spiegel. WikiLeaks is a
complex and widespread network backed by highly
proficient 'hacktivists' who have rebelled relentlessly
against the many attacks directed to tango down
WikiLeaks. Having been stripped of its reputation, the
US government took the next natural reflexive step to
save face by joining hands with other western
countries to pin down Julian Assange. The US
government was unable to act against Assange, owing
to lack of any evidence of harm or threat to an
individual's life due to the leaks, and hence failed to
sabotage WikiLeaks. This sidetracking of the
responsibility of accountability and an attempt to
extradite Assange on the charge of espionage with the
underlying motive of retaliation against WikiLeaks
exposes the hypocrisy of the US government.
The powerful usually have a great deal of
activity under the carpet and behind the curtain;
though the confidentiality of some of this activity
maybe justifiable, most should be rightfully revealed
for public knowledge.
To achieve this, WikiLeaks employs a fusion of
technological innovation and anonymous source
broadcasting to affect a change in the oppressive and
rigid policies of countries across the world and to
promote greater transparency of bureaucratic systems
and international relations.
Apart from this, the authenticity and critical
nature of the ‘leaks' has aroused a worldwide debate
about the limits of the freedom of speech and
information. The United Nations High Commissioner
for human rights, Navanethem Pillay, has said that the
moves against WikiLeaks maybe violating its rights to
free speech and expression. There are mixed and
fluctuating opinions about Julian Assange and the
whistle blowing website. While there are many who
support the cause, there are governments who are
desperately trying to defend themselves, citing their
right to retain confidentiality of sensitive diplomatic
information. The question to be answered is whether
or not the right to information about international
relations and human rights abuses of the governments
outweighs the importance of confidentiality in certain
cases.
Some think of him as an anarchist but Julian
Assange seems to think that anarchist is not nearly an
accurate description of himself or his work, since
concrete documentation and publication does not
signify anarchy but is a symbol of a civilized world and
freedom of speech. Anarchist, liberalist or Internet
terrorist, Julian Assange has left the world intrigued by
this courageous initiative, which continues to inspire
many. His possible extradition to USA leaves us with
little clue about his future but WikiLeaks with its
myriad of mirror sites is unlikely to cease in its crusade
against the dark side of the governments of the world
and is likely to be in continuous pursuit of its motto.
35
“As a lawyer, a conscience that a man has
should be kept away from what he is actually
doing in a court of law.”
AN INTERVIEW WITH
MR. SATISH MANESHINDE
A true 'rags to riches' story of one of the most recognized criminal lawyers in our country today.
Magazine Committee: Sir, can you tell us about your
journey from Dharwad to Mumbai? What was it like
coming to the big, bad city of Mumbai as a fresh
graduate from a small town?
I was with Mr. Bhimrao Naik 8
Initially when I
who rose to become a judge of joined them, my stipend
the High Court and who is
was ` 500 per month,
now a senior practicing lawyer
but they soon increased
in the Supreme Court. In
February 1984, I joined Mr. Ram my fees and gave me
Jethmalani who was the best ` 500 a case.7
lawyer those days and is even now. I have not looked
back thereafter.
Adv. Satish Maneshinde: I was born in a small little place
in Karnataka known as Kundgol and my father happened
to be a government servant. I belonged to a family of six
children so it was obviously difficult for my father to
bring us up but luckily most of us got scholarships for
Magazine Committee: Sir, as a matter of fact that is my
schooling and that's how I joined the military school. I
finished my schooling and joined law college in 1980.
next question. What was it like working with Sr. Counsel
Before that I tried getting into the Armed Forces but I
Ram Jethmalani?
was medically unfit so I had no choice but to do
Adv. Satish Maneshinde: My 10 years with Mr. Ram
something else and since I didn't have enough money, I
Jethmalani were the toughest and the best. I happened
chose law as my subject because
to be the junior most when I joined him. I joined him
that's where people go as a last 8
In February
basically for the Antulay trial which he was conducting
resort (Laughs). In my first year of 1984, I joined
in 1983-84. I had to do the running around and the
law college, I did a lot of mischief. Mr. Ram
donkey work. As luck would have it, they were a very
I was a student leader and I lead all
small
team and ultimately when the trial began there
Jethmalani
the strikes and bandhs and
was
Mr.
Ram Jethmalani, Mr. Jaisinghani, who became
who was the
postponement of examinations.
the Additional Solicitor General of India, Mahesh
Nevertheless, I did well in the first best lawyer
Jethmalani and one or two others who left midway. So it
year, I think I got the third rank. In those days and
was me and the three seniors and since it was a large
1982, I happened to be a member is even now. I
trial I got to learn a lot – right from conducting
of the University Moot Court team have not looked
examinations-in-chief to writing all the applications to
which came to Pune. We reached back thereafter.7
preparing proofs of all the witnesses whom we were
the finals, where the Bombay team
going to present before the court. I'm one of those
comprised Darius Khambatta, who is presently the
fortunate students who got a chance to work with a
Additional Solicitor General and another friend of mine,
legend like Mr. Jethmalani. I appeared in almost all the
Ameet Hariani. They beat us in the finals but we gave
courts, from the trial court up to the Supreme Court, in
them a tough fight and I was adjudged as ‘The
that matter and that was just my first year of practice. I
Outstanding Student Advocate' of the competition.
had a varied experience, not only in criminal law. Most of
That's how I came to Bombay; because the judges for
the people who came to Mr. Jethmalani came because
that competition were Justice Tendolkar, the then Chief
they thought all their problems could be solved. Initially
Justice of the Bombay High Court and Justice Pratap. I
when I joined them, my stipend was ` 500 per month,
joined the Bombay Bar in 1983. For the first 6 to 8 months,
but they soon increased my fees and gave me ` 500 a
37
8
Predominantly,
because I practiced
with Mr. Jethmalani,
I got branded as a
criminal lawyer
and I like it because
apart from the fact
that it is interesting,
it also gets you a lot
of money.7
all high profile. After I set up my own chambers, I
continued to get similar clients, maybe because during
my days as Mr. Jethmalani's junior, I handled a few cases
which were high profile, like those of Sanjay Dutt,
Harshad Mehta, Simranjit Singh Mann, Nusli Wadia,
Dawood Ibraham, Chota Rajan, Arun Gawli, Yusuf Patel,
Kareem Lala and Haji Mastan. I started getting similar
kind of work, where people from the film industry came
to me because of Sanjay Dutt, people from the
Underworld came to me because I was handling Chota
Rajan and Dawood Ibrahim. So, most of them who came
to me were high profile and wanted the best service and
best advice. Whenever I needed the expertise of a senior
Magazine Committee: So, Sir, wasn't there any
lawyer, as I had just ten years of practice, I did engage a
particular thing that interested you in criminal matters?
few, but predominantly, I did all the groundwork. You
Adv. Satish Maneshinde: Initially, when I joined the Bar, I
see, when you appear for all these high profile clients
was a civil lawyer. The majority of my work with Mr.
who are in the public domain, they expect that apart
Naik was civil law though there were a few criminal
from doing the work in the court, you try and defend
cases. But then, when I shifted to Mr. Jethmalani's office,
them in public. Sometimes I have gone overboard in
90% of the work there was criminal law. I got to learn
appearing in the media and on
8
Sometimes I have
criminal law and I was fascinated by the fact that every
TV but some cases that were
case that comes to you is new and has a different aspect
gone
overboard in
being widely reported in the
of crime. There were criminal trials, appeals, media
press needed to be given a reply. appearing in the
detentions, FERA cases, Customs cases, Income Tax
Not that I was being paid for media and on TV
prosecutions, prosecutions on the Factories Act,
doing the work in the media, but but some cases that
prosecutions on the Maharashtra Ownership of Flats Act.
I thought that if the case of a were being widely
All these things, which started in the police station and
client of mine goes in the public reported in the press
ended ultimately in the Supreme Court, made me
glare without being given the
needed to be given a
feel that, this is one field which has allowed me to
correct perspective, then they
reply.7
appear before various courts. Predominantly, because
would be condemned in the
I practiced with Mr. Jethmalani, I got branded as a
prayers and proven guilty even before they faced a court
criminal lawyer and I like it because apart from the fact
of law. So probably in those instances I did go and speak
that it is interesting, it also gets you a lot of money.
out in the media, though now it has become very
I started pennyless in Bombay in 1983 and my father used
embarrassing for us lawyers. During those days we didn't
to give me a stipend of about ` 300 to survive, which was
have so many media channels and newspapers who
enough for me to manage myself, my first class train
would report the case with such interest and
pass, food which I used to cook myself and laundry
there was no post mortem
which I used to do myself.
8
Many a times we face some raw and inexperienced
being carried out. Many
All this taught me that journalists who ask questions which touch upon the merits of a times we face some
life was tough so I still the case which are likely to interfere with the administration raw and inexperienced
continue to do the same
journalists who ask
of justice.7
things that I did in 1983.
questions which touch upon the merits of the case
Magazine Committee: Sir, over the years you have
which are likely to interfere with the administration of
worked on a number of high profile cases with clients
justice. That's why the Supreme Court, in R. K. Anand's
ranging from Sanjay Dutt to Chota Rajan's wife to
case, has laid down that lawyers who appear in these
Sheetal Mafatlal. Is it difficult fighting cases in the public
kinds of cases should not speak out in the press. That's a
glare with so much media attention and public scrutiny?
question of point of law, like the Bhopal Gas tragedy or
child molestation or where offences against society have
Adv. Satish Maneshinde: Well, most of the cases in which
taken place. In such cases I do make my mind known and
I appeared initially, while at Mr. Jethmalani's office, were
case. And thereafter, I don't
think money mattered, because
it all started pouring in
according to the work. When I
joined the Bar I had not decided
which field of law I would
practice because my main
intention was to gather
experience and knowledge.
Since most of the matters were
criminal matters, I decided to
appear in only those.
8
I handled a few cases, which were high profile, like those of Sanjay Dutt, Harshad Mehta, Simranjit Singh Mann,
Nusli Wadia, Dawood Ibraham, Chota Rajan , Arun Gawli, Yusuf Patel, Kareem Lala and Haji Mastan.7
38
I don't touch upon the merits of the case, I don't touch
upon the allegations that are, per se, being made,
whether they are true or false. I try and put out a legal
point of view. Normally I try and restrain myself from
commenting on cases
Morality and law don't go
I am personally 8
together.
If you want to think
dealing with. It is
possible that it may of morality and then go to
affect my clients, court then most of the defence
particularly when lawyers should stop appearing
you defend all these in criminal cases.7
high profile cases in
courts. You're in front of a lot of media, even within the
court, and there is a lot of pressure on you to perform.
But this doesn't deter me from performing my duty.
On the contrary it makes me prepare a little better than
I normally do in matters which do not have the public
glare because the entire media, the entire courtroom is
watching you with such rapt attention, you can't falter
and if you falter your name gets spoilt. I don't claim to
have done the best but from where I started, I have done
well.
Magazine Committee: Sir a question which you, in your
role as a defence lawyer, might be able to answer besthaving defended persons such as top bookie Shobhan
Mehta, super cop Daya Nayak and MPSC member S. D.
Karnik, who in the opinion of the layman and the media
were guilty of the crime they were accused of, before a
judgement of that nature was passed; does it become
difficult to distinguish between morality and law when
you have to defend someone who has already been
convicted by vox populi?
Adv. Satish Maneshinde: Morality and law don't go
together. If you want to think of morality and then go to
court then most of the defence lawyers should stop
appearing in criminal cases. Particularly in rape cases
and murder cases where a client many a times comes
and tells you that he may have done a particular act or
he may have committed an offence. But as a criminal
lawyer, you have to separate law and morality. It is not
lawyer, a conscience that a man has should be kept
away from what he is actually doing in a court of law as
long as he doesn't make false statements or fabricate
evidence of a client. Whether he appears for a hardened
criminal or a white collared criminal or a person who
has been branded guilty in society should not make a
difference to a defence lawyer. It is his duty to put up
the case before the court and ultimately the court will
decide whether a person is guilty or innocent.
Magazine Committee: Sir, the last one year has seen a lot
of attention and headlines focused on the Kasab trial,
with everyone airing strong opinions on the manner in
which the trial was conducted, the treatment given to
Kasab, the time taken to complete the trial and most of
all whether Kasab's trial should have been conducted in
the first place. Ms. Anjali Waghmare, who lead the
defence was even given words of encouragement by you.
What are your views on all of the above?
Adv. Satish Maneshinde: First of all, Kasab may be a
Pakistani or of any other nationality, but any person who
is arrested in our country for a crime has to be dealt with
according to the law. He has not got any special
treatment. He has not
8
Kasab may be a Pakistani
been given any undue
favour. Nor has he or of any other nationality,
received any flak from but any person who is
society or the court. The arrested in our country
fact that a person was for a crime has to be dealt
arrested would entitle with according to the law.
him to a fair trial in our It (the trial) was not held in
courts, though he was
secret locations like the
captured on camera
Americans hold their
committing heinous
crimes. In this case, the trials.7
trial judge has given him a complete and transparent
trial. It was not held in secret locations like the
Americans hold their trials, it was not held behind closed
doors, it was open to the public. It was allowed to be
covered in the media, though the Prosecution could have
made a submission that the entire trial should be
8
It is possible that a person who comes to me may be condemned by the press, may be condemned by society,
but as a duty bound lawyer, particularly a defence lawyer, it is my duty to see that a person is not convicted on
fabricated evidence which normally is the order of the day.7
my duty to go and plead guilty on behalf of a client of
mine. It is possible that a person who comes to me may
be condemned by the press, may be condemned by
society, but as a duty bound lawyer, particularly a
defence lawyer, it is my duty to see that a person is
not convicted on fabricated evidence which normally is
the order of the day. So, many times I feel that as a
conducted in camera and the identity of the witnesses
should have been withheld, as it was a matter
concerning international relations. But the judge felt
that everything should be done in the public eye. And,
I think, it was one of the fairest trials I've seen in the last
27 years of my practice. As the public, we may be hurt
that a set of people came and attacked the city and killed
AN INTERVIEW WITH MR. SATISH MANESHINDE
7
39
so many people wantonly. But whether he is guilty or
otherwise, the court will decide, we don't have to decide.
Magazine Committee: Sir, you once stated that one of
the biggest reasons behind
There is no
corporate espionage increasing 8
in our country, is that 'integrity discipline in our
is one of the cheapest Indian mentality any
commodities that can be more. There is more
purchased in India today'. Could dishonesty than
you enlighten our readers honesty.7
regarding the same statement?
Adv. Satish Maneshinde: The reason why I said integrity
is the cheapest commodity is that I've seen, in a large
number of cases, witnesses who come before the court
and do not tell the truth. They withdraw their
statements and turn hostile and a lot of witnesses who
see the crime do not come and report it to the
investigating agencies. There is no discipline in our
Indian mentality any more. There is more dishonesty
than honesty. When India became independent there
weren't so many witnesses turning hostile in our courts
and so many dishonest investigating officers in our
country but as time has gone by and as we see our
country going from strength to strength, financially,
economically and in population, we don't see that kind
of national duty and integrity being practised. I say that
integrity is the cheapest commodity in the corporate
scene because a large number of cases do not get
reported as the companies do not want to reveal things
that have been mismanaged. Only when it hurts them
badly do they come out and report the incident. But I
think with all the surveillance that is going on right now
and everything being watched, you can control every bit
of information that is going out from the company. We
can trace out the criminals and try and plug those
loopholes, but that will take a lot of time. Unless there is
national duty or discipline brought into it, things cannot
improve but I think they will some day.
Magazine Committee: Sir, what would you say has been
the highlight of your professional career?
Adv. Satish Maneshinde: The highlight of my career has
been the ten years of work with Mr. Ram Jethmalani as
they were the best years of my life. Subsequently, I got in
to the cases
8
Not that the country produces so many
of Sanjay
good lawyers like Mr. Jethmalani.7
Dutt and
various others. But for those ten years, I don't think I
would have been the lawyer I am today. Not many get
that opportunity and not that the country produces so
many good lawyers like Mr. Jethmalani. He is a genius, I
don't think I will work with somebody like him ever in my
40
life.
Magazine Committee: Sir, after decades of practice are
there any special moments, a particular memory that
stands out?
Adv. Satish Maneshinde: Well, when I was working as a
junior with Mr. Jethmalani, I appeared for a gentleman
sometime in 1986-87 and the case was heard and he was
acquitted and I forgot about it. When I appeared for him,
he could not afford to pay me 8
My feeling is
and now he had some money so
that it's always the
he offered me ` 5000. That was
poor man who
quite touching. After five years
comes back to you
of having appeared for that
gentleman he chose to come and he pays his fees
back and pay me my fees. And on time and if he
my feeling is that it's always the does not have
poor man who comes back to money he tries
you and he pays his fees on time to beg, borrow and
and if he does not have money
pay you something.
he tries to beg, borrow and pay
But my experience
you something. But my
experience with the rich has with the rich has
been otherwise. They have to be been otherwise.7
reminded time and again that I have done their work
and completed it. It is sad but poor people are the best
clients.
Magazine Committee: Could you recollect a funny
incident which took place when you were in court
which had you in splits?
Adv. Satish Maneshinde: Yes, it's not exactly a funny
incident, but it is in my memory. I was appearing for
Mr. Jethmalani in 1986 in two cases on the same day and
both of them were in the High Court; one was for bail by
an accused in the General Waidya Case and the other one
was filed by Yusuf Patel and the matter was being heard
by Justice V. S. Kotwal. So, Mr. Jethmalani had come down
from Delhi specially to appear for the case. Both cases
were filed on the same day and both the cases were
circulated for hearing on the same day and one case was
listed on the board and the other was not. As the matter
was being heard, Mr. Jethmalani started his arguments
and the judge looked up and down for a couple of
minutes because the case that was being argued by
Mr. Jethmalani was not in the hands of the judge. The
case that was in the hands of the judge belonged to Yusuf
Patel, but Mr. Jethmalani was arguing General Waidya's
Case. So the judge told Mr. Jethmalani that he thought
that they were not on the same wavelength because Mr.
Jethmalani was reading papers from a different brief and
he had a different set of papers on his table. Mr.
Jethmalani was very upset and that was the first time I
saw him so agitated in court. I was sitting next to him
gathering. He said that for a lawyer, when he is
and I said it was my mistake and the judge asked Mr.
dealing with clients, he is dealing with a shorter set
Jethmalani to continue arguing and asked for a copy of
of people. But, after you keep doing these legal
the petition which he
8
Most of the students in the national law schools are trained to matters for the public,
was, in fact, arguing.
you get recognized,
become
lawyers
but
hardly
any
of
them
come
and
join
the
your ideas of service
Ultimately, the matter
mainstream practices as a lawyer in court.7to the nation cannot
was heard, and the
be fulfilled by practicing only in courts, you want to
relief was granted in our favour, but then, one statement
go from micro to macro service. So, he said that for a
that the judge made has always stayed in my memory,
large number of lawyers, politics is the next course of
“Mr. Jethmalani, I must appreciate your junior for having
action. As of now I don't intend on being a political
owned up in public to his mistake and
activist or a member of a political party but I think,
I think he will go on to become a good junior of yours”.
having dealt with so many public issues, it's much
So, many things can be cleared up by being honest.
easier for us to fit into that kind of an atmosphere.
I always think the judge was very kind to me, my
It's possible that with a large number of clientele
day would have been hell if Mr. Jethmalani's time
of mine involved in politics, I may join politics
was wasted, it would not have been cheap for his
someday.
clients.
Magazine Committee: Sir, you passed out as a
student in 1983. What difference do you notice
between a lawyer then and a lawyer now, in 2010?
Adv. Satish Maneshinde: I passed out 27 years ago
from college. When I graduated, Law was seen as a
last resort for a student. Whereas now, with the
advent of so many colleges, with the opening up of
the economy, everyone needs a lawyer and knows the
importance of a lawyer. There were no occasions in
those days, where a student would be picked up from
a college during the campus recruitment and I myself
recruit students during the campus recruitment to
build up a good team. Similarly, solicitors from large
firms, partners from large practices have been
descending upon law colleges and it is a matter of
great pride that Law has now attained the
stature where students are picked up from the
college, even when they are raw, by multi nationals.
Most of the students in the national law schools are
trained to become lawyers but hardly any of them
come and join the mainstream practices as a lawyer
in court. Litigation is a better way of exhibiting your
knowledge than corporate practice or working in
corporate organisations, where your ideas are within
the four corners of a room and your knowledge and
performance is not seen by the public. It is
challenging as a lawyer practicing in courts because
you have to perform in front of a large number of
lawyers, witnesses, clientele and the members of the
public who throng the court to see you.
Magazine Committee: Sir, do you plan to join politics,
after you retire as a lawyer?
Adv. Satish Maneshinde: Well, I was at a function the
other day where Mr. Kapil Sibal was addressing a
Magazine Committee: Okay, and Sir lastly, is there
any advice, word of caution or counsel that you'd
like to give to law students, especially those who
want to pursue criminal law and who look up to you
as an icon in the legal field?
AN INTERVIEW WITH MR. SATISH MANESHINDE
7
Adv. Satish Maneshinde: Well, the first thing that I
would always advise a law student who comes to me
is to stop reading guides. They are for you to pass the
law examination but they are not going to give you a
wider perspective of a legal
It's possible
issue that you may face as a 8
lawyer. I don't think most of that with a large
the students who join law number of clientele
colleges these days join to of mine involved
pass examinations, they in politics, I may
want to become lawyers, join politics
they want to become
someday.7
someday.7
solicitors, they want to join
the corporate world as good legal advisors. That kind
of knowledge you are not going to gather from law
guides, I don't want to name those. A lot of research
is involved in understanding a problem and finding
out the moot points involved in a particular case.
That cannot be learnt from a guide. It can be learnt
only from a textbook where a commentary is written
by renowned authors. Number two, you cannot have
a fixed calendar. You cannot have a watch, looking at
it all the time as to when you're going to go home. As
a lawyer, you should remove your watch, your diary
and your calendar and work throughout, so that first
of all, you gather knowledge to help your client and
then to give it back to the society.
Magazine Committee: Thank you.
41
1301, Raheja Centre, Nariman Point, Mumbai-400 021.
Phone No.: 022 22885591/92
An Ode To Cannabis
-Manali Gogate, V-V
Extremely interesting indeed,
Are cases of narcotic drugs;
But even they get horribly boring,
When the arguing advocate bugs...
While the utterly monotonous advocates,
Go from bad to worse;
I feel it immensely profitable,
To dedicate to ganja, a verse…
Let me tell you earnestly a very vital fact,
Ganja is actually defined in the NDPS Act.
It means, of the cannabis plant, the fruiting or flowering tops,
But if you have only seeds or leaves, don't worry about the cops...
In the event you have only its leaves, stalks or seeds,
Seek the protection of s. 2(iii)(b) for your wonderful deeds!
The Rajasthan and Kerala High Courts with the definition seem fine,
Even the Hon'ble Supreme Court nodded its approval, in early 2009…
But these other things abovementioned, make up the plant of cannabis,
You of course can be punished then, for its cultivation, that is...
While for having cannabis (hemp), you shall face a sentence,
The mere possession of Bhang leaves is decidedly not an offence!
To the cops - In case you seize alleged ganja for example,
Forget not to send to a chemical analyst, a neatly sealed sample...
When your possession of ganja is proved beyond reasonable doubt,
Behind the bars you go vide ss. 8/20 NDPS Act that you did flout…
So depressingly bored I was,
Sitting in this courtroom;
My mind was really tortured,
Submerging steadily in gloom…
But I am, after this poetic break, so euphoric and full of bliss,
Hell! NOW I know why so many take to cannabis!
43
COURTROOM
HUM UR
Mr. Dinesh Vyas
Senior Advocate
Tax Counsels do come across several Indian Revenue Service Officers (IRS) in the course
of their legal practice. A Government Officer is commonly referred to as ‘Babu' and my
Courtroom anecdote is in relation to one such IRS Babu. The Babu culture in the Government
office is totally different than the environment and conventions in the High Court. Some of the
Babus have a tremendous ego because they believe that since the finances of the Government of
India rest on their shoulders, they are superior to one and all. Their superiority complex is virtually a mental disease.
One such individual, whom we shall now call “Mr. IRS Babu” was a Commissioner of Income-tax and then he had
moved to become a Member in the Income Tax Appellate Tribunal and ultimately retired as a Vice President thereof.
Having joined the Tribunal, he became a part of the judiciary but his mindset was not changed and continued to be
that of a proud Mr. IRS Babu. This gentleman had qualified as an Advocate with a desire to practice tax laws in the
Tribunals and the Bombay High Court after his retirement. What follows is what happened on his maiden appearance
in the Bombay High Court. I was appearing in an Income-tax Application for admission before the Tax Bench of the
Court and our Mr. Babu was briefed on the other side to appear for the Revenue. The High Court Bench included
Hon'ble Mr. Justice K. K. Desai as one of the Judges. Mr. Justice Desai was a very sharp and intelligent Judge; spoke less
in the Court but occasionally displayed his extraordinary but very subtle sense of humour. When the matter was
called out, Mr. Babu stood up and not knowing the customs and conventions in the High Court, he addressed the
Judges in the most unconventional and surprising manner by openly introducing himself, “My Lords, my name is Mr.
IRS Babu”. Mr. Justice Desai was taken aback a little by these unconventional introductory opening words and so were
all the other Counsels present in the small little world of the Tax Court. With a gentle smile on the face, Mr. Justice
Desai responded with apparent grace, “we are pleased to meet you, Mr. Babu”. This enthused Mr. Babu to continue in
his unconventional style and then he said “My Lords, formerly I was in the IRS as the Commissioner of Income-tax”.
The response of shock and surprise to these words was much more than before with the Counsels in the Courtroom
smiling with more amusement and Mr. Justice Desai virtually thrilled. The Judge could not resist himself from
responding to Mr. Babu with an element of mischief in his eyes. “Oh! This is very interesting and great”.
Mr. Babu's ego was in the course of being immensely satisfied. He thought that whatever was happening was very real
and genuinely believed that the Judge was laying down a red carpet for him. He thought that his mighty presence in
the Court is being recognized by the Hon'ble Judges and therefore, he continued with the same tone and said with a
tremendous feeling of pride and confidence “My Lords, thereafter I was the Vice President of the Income Tax Appellate
Tribunal”. By now, the Court atmosphere had become very hilarious and amusing and therefore, this time the
response from everyone in the Courtroom was obviously much louder and more vocal. As far as Mr. Justice Desai is
concerned, he came up to his very best in his spontaneous and subtle humour by responding with an obvious artificial
seriousness on his face “In that case Mr. Babu, this Court is greatly honoured by your gracious presence before us”.
While speaking these words, the Judge pretended to get up in honour of Mr. Babu. There was no way the Courtroom
could then control itself and it experienced one of the loudest roars of laughter in a Courtroom in the Bombay High
Court building. Poor Mr. Babu was shocked and stunned by this thunder and had no clue whatsoever as to what had
transpired in the new but totally different world in which he had made his first entry. The Solicitor instructing him
uttered a few words very quietly in the ears of Mr. Babu who then immediately and quietly sat down with a gloomy
and serious face. I then stood up to move the Court for admission of the Income-tax Application on the basis of an
earlier precedent. On being satisfied that the question of law raised in my Application was the same, Mr. Justice Desai
told Mr. Babu, who then immediately got up “Mr. Babu, we have already admitted such matters earlier. We have
already heard you – and also of you, enough – and therefore you need not take the trouble of addressing us any more”.
For all those who were present in the Courtroom, this was a befitting dessert after an enjoyable meal served by Justice
Desai. For Mr. Babu it was a solid parting kick. This was the first and the last time that Mr. IRS Babu was ever seen in the
Bombay High Court premises. This was an unprecedented five-minutes drama without any Entertainment Tax.”
Mr. J. P. Cama
Senior Advocate
Once a counsel used the word 'faux pas' in court and he told the court, “You will appreciate
that while I was in school I learnt French." The court told the counsel, “We would rather have you
learn English whilst you were in school.”
In another case, the petitioner was a watchman who had been dismissed for sexually
assaulting a woman named ‘Diwali Bai' . The Judge announced the punishment and while the counsel was about to
leave the Judge said, “Please ask your client to keep his demeanour in check and not attack Dasserabai next time."
44
13, A/B Ismail Building, 3rd Floor, 381, Dr. D. N. Road, Flora Fountain, Mumbai 400 001.
Tel: 91 22 2285 2362/63 Fax: 91 22 2285 5787
Email: [email protected] / [email protected]
A Year In GLC
FEBRUARY
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ON THE USE OF NARCO ANALYSIS
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MR. SANJEEV DAYAL,
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The DMH Experience
The Moot Court Association (MCA) of
Government Law College has been hosting the ‘D. M.
Harish Memorial Government Law College
International Moot Court Competition' for the past
eleven years. The year 2011 marks the twelfth edition of
the competition, and will be held from 10th-13th February,
2011.
Mr. D. M. Harish, an eminent and distinguished
lawyer, and an authority on Income Tax Law, dedicated
himself with great fervour to the pursuit of academic
excellence in the law as a discipline. His mission
exemplified the brilliance of his legal acumen to the
wisdom of his conscious investment in public
education. And it is this very mission of the visionary D.
M. Harish that inspired his family to institute an annual
national moot court competition in his memory in the
year 2000, which would be hosted at his alma mater,
the Government Law College. The year 2004 saw
Government Law College enter its 150th grand year and
the MCA its 50th year, and the way forward to expand
the competition's horizons was devised by developing
it into India's first international moot.
The MCA works round the year to make the D. M.
Harish Memorial Government Law College
International Moot Court Competition or DMH, as we
fondly refer to it in GLC, a reality. The moot compromis,
venues, participation, judges, trophies, accommodation
etc. are just a few amongst the several aspects, the
planning and organisation of which finally culminates
into a grand event. The logo of the competition is a
Panel Discussion, 2010
to participation from prestigious Universities such as
the New York University & Columbia University from
USA, Bond University & the University of Melbourne
from Australia, Moscow State Law Academy from
Russia, King's College, University of Sussex and
Southampton University from UK amongst other
international teams, apart from the cream of Indian
law universities that will attend this competition.
One of the highlights of DMH is the Panel
Discussion, which is an integral part of the competition
schedule. The distinguished panelists are public figures
and dignitaries from different fields representing the
thoughts of different classes of society that come
together to discuss a contemporary issue of
international significance, closely related to the casestudy of the competition. The Panel Discussion, with
the Inaugural Ceremony, is held at the opulent Sahyadri
State Guest House at Malabar Hill.
DMH truly epitomises commitment, objectivity,
hospitality and recognition of merit par excellence. At
DMH, attention is paid to every intricate detail to
ensure the participants' comfort & well being. Every
year, eminent advocates & lawyers, senior professors of
law, partners and associates from elite law firms, form
the highly illustrious pool of jurists for the preliminary,
octo, quarter & semi-final rounds of the competition.
The expertise that these renowned professionals bring
to the court-room make a 90-minute mooting round an
experience to enrich for a lifetime.
These gruelling rounds finally culminate in the
Final Rounds, 2010
harmonious amalgamation of the lotus & the sun,
which in combination represent intrinsic elements of
the moot - knowledge, divinity, enlightenment, unity &
warmth.
The case study of the competition deals
primarily with complex contemporary issues relating
to Public International Law before the International
Court of Justice (ICJ). The 2011 Compromis deals with
the legal lacuna of parentage & citizenship issues
arising out of surrogacy agreements. The intricacy of
surrogacy and its contentious status the world over is
exemplified by the rising complexity of the matter due
to the lack of its legislation worldwide.
The participation of Law Institutes from over 15
nations worldwide holds witness to the truly global
flavour of DMH. This year we additionally look forward
Final Rounds of Argument that are held at the
magnificent Mumbai University Convocation Hall. The
Finalist Teams are afforded with an exclusive
opportunity to argue before a formidable bench of five
sitting Judges of the Bombay High Court.
The quality, competitiveness and versatility of
the participants, the experience and expertise of the
judges and the hospitality & warmth extended by the
organizers truly symbolize the ‘DMH Experience'. The
transformation of college into an international hub,
the fervour and excitement of students adds a magical
feeling to DMH and the atmosphere that envelopes GLC
for those four days each year. The consecutive success
of DMH only continues to pave its way towards being
recognized as Asia's largest and most prestigious
International Moot Court Competition.
49
COMMONWEALTH GAMES, 2010
– New Frontiers And Friendships
– Gurbani Walia, V-II
“Never let the fear of striking out, keep you from playing the
game”
rd
On 3 October, 2010, New Delhi, India inaugurated the largest
sports extravaganza ever organized by India. This day was a day of
undoubted pride for the citizens of this growing nation. The
Queen's Baton, a symbol of solidarity, sportsman spirit and unity,
which securely carries the Queen's message to the participating
athletes, started its journey from the Buckingham Palace on 29th
October, 2009, traveling across continents and oceans, reaching
India on the day of the Opening Ceremony from Pakistan via the
Wagha Border. India standing in solidarity, cheering loudly for the
team from Pakistan, but at the same time exhibiting clear disdain
when the Chairman of the Organizing Committee, Mr. Suresh
Kalmadi, was called upon for a speech.
Instead of living in denial, it would be best to come to terms with
the fact that India, today, for other nations, is a country whose sole
acclaim for its very existence being the famous snake charmers,
the rope tricks, animals in the middle of the streets, mango pickle,
and corruption. Slumdog Millionaire, the movie, only helped
confirm the above. So, in 2003 when India bid for these games and
won, the Government and nation, collectively, took up the
responsibility to host the 19th Commonwealth Games (CWG). India
finally got a chance to show the world that she was a lot more
than just a nation where more than 50% of the population does
not get even one square meal a day.
AT LOGGERHEADS
In terms of the benefits of organizing international games, there
are two types. One, is the short term benefits which involve
employment, free cash flow from visitors, etc and second, the long
term benefits a country enjoys, which are the creation of
infrastructure, international attention, job creation and social
cohesion.
50
Magnificent opening and closing ceremonies, world-class
stadiums, glitch-free games – India lived up to its famous
hospitality, and admirably marked her entry onto the world stage.
It cannot be denied that issues like poverty, quality education for
the common man and unemployment plague India. However, it
cannot be expected of India to solely focus on the negatives and
ignore all the positive exposure the country can otherwise receive.
The key areas affecting the Indian economy have been identified
and constant efforts to improve the conditions of the people have
been a permanent part of India's 5-Year Plans. The CWG were not
an exception. Educating people and helping the poor and
unemployed was kept in mind even while hosting these Games.
Taxi drivers, tour guides, waiters, porters were taught English to
make communication effective. Employment was provided to a
huge section by engaging them in construction of stadiums,
repairing roads, etc.
With the Games being hosted in New Delhi, growth in
infrastructure has been tremendous. Now, not only does
India have world-class stadiums and facilities, the facelift the Capital has received is incredible. The roads are
free of potholes and clean, new highways have been laid
down, a host of new ultra-sleek buses were introduced as
well. The Indira Gandhi International Airport underwent
complete renovation for this event. The energy problem
Delhi has been facing since time immemorial is now solved,
since, the energy production was increased to 7000 Megawatts
to meet the requirements of the Games. This was the first CWG to
have a training area, for the athletes, within the Village premises.
and the public transport system are here to stay. On the
completion of the Games, the stadiums built, the efforts put in
to improve the city are still there for the common man. The
stadiums built can be used for various purposes, training of
athletes as well as for commercial purposes like concerts.
Neighboring countries which do not have stadiums and
equipment for training athletes can use these facilities India
now has, for a price. The barren land by the banks of River
Yamuna, where the Games Village now stands, was developed
and can now be let out for revenue. Therefore, the money,
time and effort put into the smallest details of hosting these
Games can be exploited to help generate a profit.
I believe the highlight was the effort taken by the Delhi High
Court to create “Mobile Courts” which moved in and around
Delhi, dealing with beggars on a case-by-case basis and
deciding whether they must be sent back to their home states,
thus working towards removing the scrouge of begging from
our capital city.
Apart from the infrastructural development, the focal point of
any games, are the players. India, in the CWG 2010, gave her
best performance ever. Several Indian players have come on
record to say that they were acknowledged in India for their
talent and capabilities in a manner they have never been on
the receiving end of earlier. Several Indian coaches, impressed
by the performance of these athletes, have taken them under
their wing and started training them for various other
international events.
In terms of statistical growth, as per the Indian Government,
India's economy is richer by $5 billion and a further growth of
2.5 million employment opportunities is expected in the next
few years. The main industries that benefited from CWG 2010
were the Hotel Industry, Airport Authorities, the Delhi Metro
Rail Corporation and the Entertainment & Media Industry.
According to the Associated Chambers of Commerce and
Industry, the Gross Domestic Product (GDP) of India might
raise from ` 1,70,000 crore to ` 1,75,000 crore - an increase of
49%.
In 2004, questions arose as to whether the construction in
Athens would be completed for the Olympic Games. In 2008,
months prior to the Olympic Games in Beijing, China was
criticized for their human right records and the Vice-Mayor
who oversaw the construction was given a suspended death
sentence for corruption. Such controversies are bound to arise
when an event of such scale is held, but what matters is how
well a country fares under such negative
criticism. Now that the CWG have come to an
end, none of the participating teams backed
out (6000 participants from 72 nations!),
the roof of the stadium and Village stood
where they were meant to and there
was no violence involved. It can, thus,
safely be said that India has not only
outdone what was expected from her,
but also has given the critics a good load
to ponder on. Having shown her cadre
and capability in the organizing
department and her world-famous
hospitality, India should certainly now be
leading bidder for the upcoming Olympic Games.
The pessimists continue to argue that “so much” was done for
“one event”? In my opinion, the new roads, the improved Airport
COMMONWEALTH GAMES:
NATIONS
' SHAME
– Vipul Joshi, V-I
India is still a poor country, ranked 127 out of 177 in the Human
Development Index, and therefore one must question the
rationale of spending more than a billion dollars on a sporting
event. I'm sure Danny Boyle would show something better of India
than he showed in Slumdog Millionaire, only if this money were
spent on more important issues like poverty, illiteracy and
unemployment.
Therefore, I stand to challenge the very idea of hosting the Games. I
would talk about the harm done and debate whether it has done
us any good as against what it has taken from us.
A lot has been said about the Games aiding to our quest to build a
strong image at the international level. But, we must not ignore
the fact that proving to the world that we are very well capable of
organising an international event of such a scale would do little
good, when made to stand against our shortcoming of not having
been able to provide food, clothing and shelter to the majority of
our population.
Some people argue that the infrastructure developed for the
Games shall serve its purpose over the coming years as well and
hence the expenditure is justified. However instances from the
past stand in sharp contrast to this. The 'infrastructural wonders'
which were built in Delhi for the Asian Games, 1982 have not been
able to serve enough purpose and are majorly underutilised, till
date. The Players' building - the large residential complex built
during that time - remained uninhabited for 15 years, till it was
reborn as the Delhi Secretariat. Not a single stadium has been
maintained appropriately and they are thus, more often visited by
rats and snakes than by humans. Thus it is quite apparent that
these stadiums are simply given a facelift in the run up to an event
but otherwise left in a state of disrepair.
Countless people have been displaced due to the
development works for the Games, undertaken at the
otherwise untouched and underdeveloped areas of East
Delhi and Yamuna River front. To ready the area, 'illegal'
structures in the area have been demolished. This means
that the slums that had spread in the area have had to go,
regardless of the fact that low-income housing is practically nonexistent in the city and thus the slum dwellers have got no
relocation.
An overhead bridge collapsed, injuring 27 people and a bed
buckled under the weight of a boxer, while the greedy
politicians-turned-heads of the Organizing Committee feasted
on the grant of ` 70,000 crores, issued by the Indian
Government. Thus, the Games were simply another
opportunity for our Government to showcase its talent for
robbing the coffers of a poor country to the core and to
reinforce the fact that blunders on its part could easily be
swept under the carpet, in the hope that they would soon be
forgotten.
The Indian contingent spent ` 40 crores on getting the
message - “See You in Delhi” across at the closing ceremony of
the Melbourne Games in an 11 - minute show. Considering that
among other things, like A. R. Rahman being paid ` 5 crores to
compose the theme song, I would say that the Games were an
extremely expensive 'PR' exercise and simply an exercise in
nationalism and politician-supported patriotism.
Let's look at the larger picture now. Why couldn't the grass
root issues be taken care of before venturing into something
as big as the Games and how important was it for an
underdeveloped nation to go into such waters as these, while
the majority of its population is still below the poverty line?
Given the current economic situation, the country would have
been better off without the Games and the money that has
been spent on building the white elephants (stadiums etc.)
would have been better utilised to build homes for the poor.
The beauty of these stadiums would impress only those who
are not conversant with the dismal state of the millions of
people across our country, who live in conditions which
would certainly be classified as unfit, even for cattle in the
West.
I tried my best not to write much about the
already talked about issue of corruption. But
I came across something on the day the
Games concluded and am tempted to
share it here – ‘The Games went off well.
Very well...Now let the Audits begin!'
AT LOGGERHEADS
India has been reeling under the threat of terrorism and it was not
long ago that we suffered from the brutal Mumbai attacks. On top
of that, we have not even been able to tackle the problem of
internal militancy. An event of such magnitude and national
importance, with thousands of foreign nationals coming in, made
our country all the more prone to another terror attack.
Lack of attendance at the Games may also be attributed to the
same reason. An online poll conducted by tripadvisor.com found
that 93% of the foreigners from the Commonwealth nations did
not want to travel to India, out of which, 37% attributed their
apprehensions to security concerns.
For weeks before the CWG, our own newspapers and media
channels belligerently showed the abysmal situation of
Delhi to everyone. Indians packed off for holidays when
they realized that offices wouldn't function during the
days of the Games.
Some avid supporters of the Games say that it was a great
'learning experience' for our Government and its officials and
that things would just get better. This is also used as grounds
to justify their opinion that we must now bid for the
Olympics, as well. But the Asian Games, 1982 disprove this as
well. Budgets were overshot and the quality was abysmal,
even then.
Before hoping for a better performance in such endeavours in
future, we must not forget that over the years, our love for
mediocrity and corruption has only increased!
51
Mumbai Office:
|
Bangalore Office:
2, Lavelle Road, Bangalore 560 001, India.
Tel: +91 80 4016 0000 | Fax: +91 80 4016 0001
Justifying
Justice
– Rubin Vakil, V-III
There comes a turn in the journey of every
Institution, when every principle it ever vouched for,
stands challenged. Every idea it represents is tested.
Such points, though rare, are perilous. The danger is
amplified when the Institution is one of the three
pillars of governance of the world’s most populous
democracy. Today, the once famously remarked
‘conscience-keeper’ of our people, the Judiciary, is
facing its worst credibility crisis; a crisis of confidence,
which can prove fatal for our country. The indicators
are numerous. But what stands out, and should be the
greatest cause for concern for the nation is that the
Judiciary is deviating from the path charted out for it
by the Constitution of India.
The recent judgement of the Lucknow Bench of
the Allahabad High Court in the matter of the
Ramjanmabhoomi-Babri Masjid title dispute is an
important symptom of this fatal malaise. The Court
held that the disputed land must be divided into 3
parts, such that each of the 3 parties to the dispute,
receive one part. The Court has termed this as an
attempt to arrive at a ‘compromise’ or a ‘settlement’ of
some sort which keeps all the parties to the dispute,
content and satisfied. But the vital question is, should
the Judiciary aim at obtaining a ‘compromise’ or
‘settlement’ rather than adhering to the principles,
laws and statutes of the country?
The disturbing fact remains that such
judgements are turning out to be the ‘rule’ rather than
an ‘exception'.
When an Institution loses sight of its goals, the
purpose of its genesis is lost. When an Institution fails
its primary duty, its death knell is sounded. The
Judiciary of this country has been entrusted with the
responsibility of dispensing ‘justice’ and upholding the
‘rule of law’. When the torch-bearers of the Judiciary
start to misconceive and equate ‘rule of law’ with
‘satisfaction of greatest numbers’, doubts will be raised
as to the relevance of the Institution in a democratic
society like India.
The Court, in the course of the judgement has
remarked, “Everybody knows where Ram was born!” Is
public faith and perception to decide what constitutes
'justice'? If that be so, people in the most backward
rural areas still believe ‘sati’ to be ‘supreme sacrifice’
and consider it divine; therefore, taking a leaf out of its
own book, will the Courts in India, hold ‘sati’ to be legal
because “Everybody knows Sati is divine!”? Justice
means and must mean that the law be upheld. If justice
is achieved at the cost of discontent of some men, so be
it. Appeasement of some equals injustice to all.
The resilience of the idea of India has been tested
at numerous times in the past decades. This is probably
another of those various turning points. The only way
forward for the Judiciary is to restore the faith in the
hearts of the masses. The success or failure of the
Judiciary will shape the future of one-sixth of
humanity.
53
MUMBAI: THE MISSING LINKS
– Suhani Dhanki, V-II
When you cannot dig deeper, start scaling new heights!
Skywalks, flyovers, water connections, overhead metros and monorails are the most recent developments in
the city of Mumbai. The increasing load on the city demands the construction of more advanced and quicker modes
of transport. A good transport system helps facilitate synergies in large, urban environments. Planning is an
indispensible factor in any transit system especially in an unplanned urban settlement such as Mumbai. The city has
linear infrastructure and is constrained by the sea on three sides which makes commuting very time consuming. The
proliferation of slums on land allotted for transport infrastructure is also an impediment to the implementation of
newer systems.
Despite all this, the finer initiatives taken by the government ought to be noted, so let's take a bird's eye view
of various strategies and structures, which in the long run, will benefit our road and public transport system.
Around 55% of the city's population travels by foot,
daily. The poor condition of our pedestrian walkways makes it
almost impossible for pedestrians to utilize them. Invariably,
people are found walking on the main roads, which causes
several accidents. Our footpaths need to be leveled, broadened
and barricaded from the main roads. An example of this is the
beautification of the Marine Drive or Queen's Necklace
promenade by the Mumbai Metropolitan Region
Development Authority (MMRDA). Marine Drive enjoys a
strategic location in the city and is a symbol of our pride. The
clean, wide walkway lined with trees, lighting, and security is
creditable. But to our dismay, there is no other pavement in
the entire city which can boast of even a quarter of these bare
essentials.
Buses are the most commonly used modes of transport after trains.
The age old BEST buses with uncomfortable interiors and obsolete engines
are slowly being replaced by newer buses, some of which are even air
conditioned. Travelling in AC buses is delightful. The seats, legroom and
smoothness of the drive gives one the feeling that one is travelling in one's
private vehicle. The newer and bigger Non-AC buses are also a pleasure
except during peak hour or rush hour. The comfort of the journey in these
modified buses can be complemented by corridors or lanes especially
allocated to buses.
54
One of the few concrete initiatives taken by
the MMRDA is the skywalks which are being
constructed in Mumbai. They are considered
blissful for the thousands of pedestrians who hurry
to railway stations in the heat and sun of Mumbai's
weather. This ` 735.02 crore project of elevated
walkways with leveled pathways and overhead
covers, was designed to prevent any inconvenience
caused by hawkers, beggars, vehicles and of course,
the heat of the sun. Out of the 36 elevated
walkways which are in the process of being built,
the 14 that have been completed are utilized as
'Lovers Points', 'Super Markets', 'Joggers' Parks' or
'Poor Man's Bed Chambers.' Think about it, who
has the extra energy to climb a flight of stairs in
order to reach the same destination in probably
the same amount of time! In addition, the safety of
those using the skywalks is still not guaranteed as
security personnel have not been employed and
the skywalks are relatively isolated. The elevation
also gives easy access to a passerby to peep into the
adjoining residential buildings. But there is no
denying the fact that once the walkways are
constructed, they will enhance our city's beauty
and serve their original purpose. Skywalks will
definitely gain popularity once they have a more
organized structure. This includes adequate
security, escalators or elevators for invalids and a
separate hawker's zone or market area.
An appreciated and laudable effort of the
government, the Rajiv Gandhi (Bandra-Worli)
Sea Link, is the most iconic modern structure of our
city today. This project, which has been pending for
about ten years, has finally resulted in a functional,
eight lane sea link, stretching from Bandra
Reclamation to Worli Sea Face and connecting the
western suburbs to southern Mumbai. This
connection, spanning over the Arabian Sea, reduces
bottle necks and congestion at the Mahim causeway.
The 5.6 km ride on the 'sea bridge' cuts the travel
duration to 7 minutes flat between Bandra and Worli.
The only drawback is the traffic due to the queue for
toll at Bandra and the reduction of lanes in Worli. This
will persist till the government does not complete
Phase II of the project – the Sea Link from Worli to
Nariman Point and further to Cuffe Parade. When the
BWSL was inaugurated on 30th June, 2009, it was like
the city was blessed with a magic potion! The 7 minute
journey on the sea link is by far the most pleasant and
rejuvenating. The bridge tower, with its 50 meter
cables, efficient power supply, diesel generator and
advanced security system which can detect and
prevent any prospective acts of terrorism, is an
engineering marvel. Considering that our city has a
continuous coast line, our government can surely
deliberate linking distant areas with freeways over the
sea, or devising a water transport system.
55
From a mere 13 in the year 1997, to over 60
in 2009, flyovers which are essentially elevated
freeways have largely reduced the burden on our
“concrete” roads. These flyovers which have effectively
formed our Western & Eastern Express Highways, are
known to be the fastest modes of transport. Of course,
during peak hours there is a possibility that you can get
stuck in traffic, but the freeways have still made
distances seem much shorter. One of the issues with
flyovers was that the areas below them were used as
parking lots, but this was banned by the government.
The only other major issue is the perennial dumping of
garbage in places under the flyover, which has still
found no remedy. The rising population and surging ownership of private cars makes it almost impossible to
manage without the flyovers as they not only distribute the traffic between the busy main roads and the highways
but also make it convenient for people to digress. With the rapid rise in population in our city, the need for flyovers
will only increase by the day and there may be a stage in the future when the government will mandatorily have to
increase the lanes, or like in the city of Bangkok, build a flyover, over a flyover, over a flyover!
Inspired by the success of the Delhi Metro, the railways which
are the lifeline of the people of Mumbai have a counterpart in the
Metro Rail System. The Metros are Mass Rapid Transit Systems (MRTS)
th
which are planned to lessen about 1/4 of the burden on our local trains.
They are economical for daily travellers, guarantee complete security and
help commuters save time. When the metro becomes operative, the
dependence on private vehicles, local trains, taxis and autos will decrease.
This, in turn, will reduce the pollution caused by them. The MMRDA has
already created a project plan and is in the preliminary stage of
implementation. Unfortunately, this work, like most other projects, has
been stagnant for a very long time owing to legal, political, social and
economic issues. The roads have been dug up and in some places the traffic
has been diverted and conveyance lanes have been reduced to a single lane,
adding to the burden of the already overloaded roads of the city. The
stakeholders need to clamor for speedy implementation of the plan, because
if they do not, the Metro Rail will definitely cause more harm by the time it
can actually come to the rescue of the environment.
56
The city of Mumbai is not only
India's financial capital, but also
holds the reputation of being one of
the most advanced cities in the
country. The potential for growth
and development in this city is
tremendous. These initiatives will
definitely help build state-of-the-art
infrastructure, but they should have
occurred at least a decade ago. The
execution of these development
projects by the government is
presently taking place at a snail's
pace and it had better accelerate.
With over 6.4 million commuters travelling on a daily basis,
the local trains form an indispensible part of our transport system,
linking the distant suburban areas in the north to the commercial
areas of the south. The railway budget for the year 2010 includes 54
new trains and 101 suburban trains for Mumbai. These revamped
trains are more welcoming with
their bright colours (like purple and
white instead of ocher and brown),
increased legroom, comfortable
seats, and functional fans. The
carbon dioxide levels during peak
hours in the new Virar local range
between 800 and 1,400 as compared
to the 1,400 to 2,400 parts per
million in the older trains. The
drawback in the new trains is that
the ventilation system has sensors
which make it effective in its full capacity only when the
compartment has at least 200 passengers in a coach. Besides, 54 new
trains serve no good. The 12 coach trains must be increased to 18
coach trains, the platforms have to be sanitized and the broken
staircases and the bridges connecting the platforms need to be
hawker free in order to ensure a safe, peaceful and comfortable
journey. Further, the light weight, economic and eco-friendly
monorails which are under construction will enable greater
connectivity between the western, central and harbour railway lines.
The wisest project initiated by
the government is the plan to
construct a new International
Airport at Navi Mumbai. It was
recently approved by the Central
Environment Ministry. This airport
can withstand the load of over four
times the capacity of the present
airport. The metro, railways and
the sea links will be instrumental
in connecting all areas to this
landmark structure. Once built,
the amalgamation of modern
walkways, waterways, roadways
and railways will transport Mumbai
to the forefront of the list of leading
cities in the world. What a pleasure
it would be to witness Mumbai
evolve, with time saving, energy
efficient and aesthetically sound
infrastructure being built with
intensified momentum.
57
BEHIND
THE
SPIRIT
- Shruti Chopra, V-V
I walk the hills, and the barren lands,
With a passion in my eyes, a gun in my hands.
Roads to freedom, the journey long and short,
The incessant firing, the sound of the impending calm.
Cold winds blow and they hit me hard,
Violent and fierce, but I can't scream, not even an 'ah'.
In my aim to protect my country,
I wonder what would happen if we go wrong.
Banish the thought from my head,
With a promise to my motherland, I move on.
The gun shots and the wounded friend,
I see them all with my two eyes, I am human I want to say out loud.
I tell myself to be of stone, be invincible to it all,
A small prayer to God to let me see the end of the day.
It all goes unanswered when I am shot in the head,
One last bullet I fire, take the one last step.
To kill the enemy, that was the perfect aim,
Free my country from the bondages of Satan's game.
Heavens above call to me, for I have done my duty, they say
Protect the people I love down here, don't let my sacrifice be in vain.
59
‘Blackberry’, the mere word is enough to stir multiple images in your mind. Various coloured phones (very few are actually black)
called by various names. Better still, try typing the word in a Google search. Nowhere on the entire first page, will you come across the
actual meaning of the word, which is nothing more interesting than a fruit. Whatever happened to our vocabulary? That's the power of the
brand.
Blackberries are an epidemic. You either own one, or want to own one, or know someone who owns one. A recent population census
rd
shows that following China and India, Blackberry is the 3 most populated congregation of humans.
It was first launched for the boys with the cool suits and shiny shoes. It has now managed to penetrate the younger generation.
Considered as a status symbol and loved passionately by some, it is hated with equal magnitude by others. What is so great about it
ich is
i nothing but a prying
anyway? Maybe it's “smarter” than your ordinary phone. It has a technological genius called a “BBM” which
yoou have any privacy.
ivacy.
y
interference into others' lives. It keeps buzzing, beeping, vibrating, and whatever the hell else, and refuses to lett you
ma
And of course, it has an ingenious way of letting the sender of a message know exactly when you've read it, making
it quite
uncomfortable to ignore.
p
pa
pany
Then there is the beautiful art that Blackberry owners have mastered of making everyone in their company
feel
d to achieve
achi
like pieces of furniture. Ever tried striking up a conversation with someone who has a Blackberry and managed
ten and participate
parti
arti
tiici
ccip
iipa
pate
pa
pat
te in
i your
eye contact? If yes, you should feel terribly special. Extremely efficient at multi-tasking, they manage to listen
conversation, whilst gazing into the eyes of their beloved Blackberry, without so much as blinking.
es to infect
f everyone
y
around
Owners of this must-have accessory, or should I say, victims of the disease, have taken it upon themselves
them with the contagious virus. As if the already overdosed spectacle of the object isn't blinding enough to the eyes. Then, there's such a
thing as “Blackberry Blisters”. Yes, it is an actual medical condition affecting those who spend more time than is healthy on their
Blackberry keypads.
To sum it up, take your pick from Bold, Curve, Pearl, Storm and the newly added Torch. Although they sound like adjectives
describing a woman, they are in fact, the range of products Blackberry offers. Love it or hate it, you definitely cannot ignore it.
When I was young, my mother would tell me fascinating tales of fairies and frogs, beasts and beauties…and I would
listen, rapt, because of one reason - they all had happy endings. I wanted a happy ending.
This is exactly what reality shows give today. They're about common men and their transformation from paupers to
princes. Crores of people sit in front of the idiot box watching these shows. Everyone loves fairy tales, don't they?
Let me give you a few examples An obnoxious girl wanted to get married. What better way to find your soul mate than on TV? That too with 25 men
trying to woo you! She did find someone. A man who didn't know Hindi and she didn't know English. Love speaks no language
you see. AND THEY LIVED HAPPILY EVER AFTER. Except they never got married!
15 controversial people were locked into one house full of cameras for 3 months. They were forced to cook, clean toilets,
dance and sing. They were allowed to back bite, backstab and lie. One woman was rudely abused because of her race. She
cried. People all over the world sympathized and empathized. She won. AND SHE LIVED HAPPILY EVER AFTER. Suddenly she
is one of the best actresses in the country, has a bestselling yoga video and an IPL team. The fact that before the show she was
a nobody obviously does not matter.
Statistics say an average person
peerson swallows 5 insects in a year. That apparently isn't enough because there are people,
cockroaches and every possible living creature, jump from choppers and swim
who 'play with
h danger
dang ', eat spiders,
spide
ders, snakes,
s
with
and win lakhs. AND THEY LIVE HAPPILY EVER AFTER. Let's not discuss food
wi sharks. They risk their
theeir lives
l
poisoning and plain sstu
stupidity.
When I sit
s in front of the tube, watching all the wonders and miracles of reality shows, mostly
to fill thee void in my boring life, I say to myself - so much for my happy ending.
REVIEW
Tiger Woods is a professional golfer, whose acts of infidelity added a whole lot to his biography. “I'm
a team player,” insists wounded Tiger. In 2008, when he won the U.S. Open, Tiger's game was only
getting better and better. But little did people know, that not only could he play games other than golf,
but also, that he was as good (if not better) at the former than the latter. Finally, the man could play a
game which wasn't restricted to a golf course.
His personal endeavours in life were scrutinized in great detail by the media and the public. So
much so, that the act of infidelity is now called the “Tiger” act. The African American community is upset
with this hero of theirs, because all his affairs were with “white” women. A study on this champion golfer's
life has shown a striking similarity between his on-field and off-field activities, such as (with every pun
intended), he is always dominating the game, regardless of the position he is in; he is known to be
immaculate when it comes to distance control; he has minimal facial expressions throughout the
game and
d several
v l other
ottth similarities which, if mentioned here, would be inappropriate. A salute to
the greatest “player”
of modern times.
“pla
a
After
f a short break “to work on his marriage” (which obviously did not work out)
Mr.
r Woods
W d has returned to the game (of golf, hopefully) in March 2010 and has been
Wood
working on
o his “swing” ever since.
th
On August 12 , 2010, three Mumbaikars launched a unique campaign, popularly known as 'Meter Jam', which, as the name
suggests, was meant to dry up the custom of the taxi and auto rickshaw drivers, by boycotting these modes of transport for a day, thus
voicing a protest against the increasing trend of unabashed defiance of the law by these drivers. This initiative was supported by as many as
10,000 citizens, vexed by the daily indifference of the taxi and auto rickshaw drivers. A similar exercise was carried out on October 12th,
2010.
Defeat, embarrassment, shame, frustration and anger - these are just a few of the sentiments that pervade one's being during one's
attempt at hailing a taxi in the city. No longer is it possible for one to assume with any certainty, that one will be able to commute from one
point of the city to another, by this mode of transport. It has instead become an occurrence completely dependent on luck and fate. The
achievement of having found a taxi driver, willing to take you to the destination of your choice, has begun to be received with incredulity, awe
and congratulation. “You managed to convince him to take you from site A to site B? What luck!” is the oft heard exclamation, accompanied
by expressions of surprise and shock. The 'him' I refer to, is the taxi/rickshaw driver and the 'convincing' is the commuters' attempt at coaxing
him into carrying out his duty, which he is bound by the law to perform.
The taxi driver will, on the appearance of any form of custom, immediately assume an unparalleled air of superiority, condescension
and contempt. It is almost as though the upturned nose, the pursed lips and the infuriatingly dismissive shake of the head come naturally to
me you
u ap
apologetically confess your
them, and are genetically bestowed on them at birth. Observe the look on a taxi driver's face, the next time
ismis
issing you out of hand. You
Y are
destination to him. He is sure to look at you with a mixture of amusement and mocking disbelief, before dismissing
lic transport.
tr
left feeling like a convict, your only crime being the expectation of travelling by this particular mode of public
t. It did, however,
r
Did 'Meter Jam' succeed in wiping the smirk off the faces of the taxi and rickshaw drivers? Maybe not
not.
give some of us the chance to afford them a small but merited taste of their own medicine.
- Anirudh Hariani, V-V
I. INTRODUCTION
India's coastline, which runs for 7517 km, is inhabited
by approximately 25% of our population. Presently, the
Indian coastline is facing increasing human pressures;
over exploitation of marine resources, dumping of
industrial and toxic wastes, and unfettered
developmental activities, which have resulted in
substantial damage to its ecosystems.
Keeping in mind the importance of the coastal
environment and the need to protect the coastal
ecosystems from the pressures of developmental
activities, the Ministry of Environment and Forests
(MoEF) had on 19 February 1991 issued the Coastal
Regulation Zone (CRZ) Notification, 1991 under the
Environment (Protection) Act, 1986. The Notification
declared coastal stretches of the country as CRZ,
imposing restrictions on industries, operations and
processes in CRZ within 500m of the coast and 100m
along the tidal influenced water bodies. All
developmental activities proposed to be located in
this zone were regulated under the Notification. It
classified the coastal stretch of the country into CRZ-I
(ecologically sensitive areas), CRZ-II (built up
municipal areas), CRZ-III (rural areas) and CRZ-IV
(Lakshadweep and Andaman & Nicobar Islands).
On 6 January 2011 the MoEF published a fresh CRZ
Notification, replacing and superseding the 1991
Notification. At first glance the new Notification
appears far more detailed, albeit somewhat
62
ambiguous. Ambiguous due to the lack of legal
language used, for example, the lack of a 'definitions'
clause causes some confusion and leaves certain
aspects open to interpretation. The new Notification
has brought about significant changes. For the
purpose of 'conserving and protecting the coastal
areas and marine waters', the new Notification
classifies CRZ as CRZ-I (ecologically sensitive areas),
CRZ-II (built up municipal areas), CRZ-III (rural areas)
and significantly, CRZ-IV (water area from the Low
Tide Line to twelve nautical miles on the seaward
side). Further, CRZ areas of Greater Mumbai, Kerala,
Goa and the Sunderbans have been set out as areas
requiring special consideration for the purpose of
'protecting the critical coastal environment and
difficulties faced by local communities'. Thus, the
islands of Lakshadweep and Andaman & Nicobar have
not been given special consideration under the new
scheme.
II. ANALYSIS OF PROVISIONS OF THE 2011
NOTIFICATION
The following are the significant provisions of the new
Notification:
CRZ-IV – Aquatic part. The 1991 Notification does not
include any portion of the sea or other water body
within the meaning of CRZ. Recognising the
importance of the sea or other water body in
maintaining the functional integrity including the
biodiversity in the coastal areas and waters, the
aquatic part i.e., Low Tide Line up to 12 nautical miles on
the seaward side in relation to open sea and the water
area of 'tidal influenced water bodies' are now classified
as CRZ-IV.
Prohibited and permitted activities. Para 3 lays down
the activities specifically prohibited within the CRZ.
These range from setting up of new industries and
expansion of industries (with exceptions) to mining.
Certain regulated activities are, however, permissible
within CRZ. Hence, Para 4 lists the regulated activities
permissible in CRZ areas. Further, the procedure for
clearance of permissible activities is laid down in Para
4.2.
Coastal Zone Management Plans. Para 5 deals with
preparation of Coastal Zone Management Plans
(CZMPs). Guidelines indicating the procedure for
preparing the Coastal Zone Management Plans by the
State Governments are also incorporated in Annexure I
to the Notification, in compliance to the Supreme
Court's Order dated 27.9.1996.
New Classification of CRZ. The Notification provides
for new classification of CRZ-IV, as stated above. Thus,
the islands of Lakshadweep and Andaman & Nicobar
find no place in the new Notification and are not
specifically provided for, as they were previously.
Further, in Para 8, the Notification lays down 'norms'
for regulation of activities permissible in the
Notification. These norms relate to activities
specifically permitted or prohibited within each CRZ
classification. For example, in CRZ-I no new
construction in permitted unless specifically allowed.
Further, certain activities are only permitted in certain
areas of the CRZ. For example, in CRZ-III, development
of vacant plots for construction of hotels or beach
resorts is only permitted in the area between 200m to
500m, but is not permitted in the area up to 200m from
the High Tide Line (HTL). Thus, it is fair to say that the
new Notification is far more detailed than the 1991 one.
Areas requiring special consideration. Despite nearly
25 amendments over the years, the previous
Notification did not provide for special consideration to
certain areas, despite the existence of special
circumstances. The 1991 Notification provided for the
uniform regulation of the entire country irrespective of
t h e d i v e r s i t y, s o c i o - e c o n o m i c c o n d i t i o n s ,
developmental pressures, etc. However, the new
Notification has taken into consideration more
variables and realities and hence has provided for four
areas requiring special consideration; (a) Greater
Mumbai, (b) Kerala, (c) Goa, and (d) the Sunderbans and
other identified ecologically sensitive areas.
(a) Greater Mumbai is one of the most thickly
populated areas in India. About 136 slum areas exist
within 500m from the coast. These slums are not only
polluting the environment but are also at great risk
from being so close to the shoreline. Mumbai also has
large mangrove areas along the coastal stretches
which act as a green buffer. Further, almost the entire
city sewage including effluents from industrial units
are let out into the sea through creeks. In view of the
above issues, Greater Mumbai requires a special
dispensation.
(b) Kerala has one of the most unique coastal
environments wherein more than 300 islands are
located within its backwaters. The population density
along the coastal areas is very high; however these
areas had been earmarked as No Development Zone in
CRZ-I or CRZ-III. Several cases were also pending in
courts for special consideration to be given to the CRZ
areas in the backwaters of Kerala. The new Notification
provides for only a 50m No Development Zone, as
opposed to 200m in CRZ-III, as was the case previously.
(c) Separate Goa state specific provisions with
stringent regulatory mechanism for sustainable
development and ecological protection of coastal areas
have been formulated. The traditional occupation of
the population living along the coast is mainly tourism
and fishing and allied activities. Seasonal, temporary
structures along beach fronts ('shacks') are permitted
to be set up in Goa, between the months of September
to May. The tourism industry and fishing communities
require basic infrastructure facilities for their
livelihood. Hence Goa has also been given special
dispensation.
(d) The entire Sunderbans area, the largest mangrove
area in India, and other identified ecologically
important areas such as Gulf of Khambat, Gulf of
Kutch, Malvan, Karwar, Gulf of Mannar, etc., have been
declared as 'Critical Vulnerable Coastal Areas' (CVCA).
Some areas like the Sunderbans are affected with rising
sea levels. Further, due to them being densely
populated, the local communities find it difficult to get
by with the lack of infrastructure. Hence these areas
too have been dealt with separately as CVCA, and
Integrated Management Plans (IMPs) are to be
developed and notified by the MoEF in consultation
63
with State Governments.
Provisions for fisher-folk. The Central Government,
with a view to 'ensure livelihood security to the fisher
communities and other local communities', living in
coastal areas, has provided for special considerations
for them. Nearly 10 million fisher folk depend directly
on the sea for their livelihood in India. Hence, the 'No
Development Zone' in CRZ-III has been reduced to
100m from the HTL in order to allow for housing
developments for fisher-folk and other communities;
in these words: 'Construction/reconstruction of
dwelling units of traditional coastal communities
including fisherfolk may be permitted between 100
and 200 metres from the HTL along the seafront in
accordance with a comprehensive plan prepared by
the State Government or the Union Territory in
consultation with the traditional coastal
communities including fisherfolk...'
However ironically, according to a report in the Times
of India (10 January 2011), the fishing community is
itself seeking amendments to this provision.
According to the report, they feel that the inclusion of
the term 'traditional coastal communities' dilutes
purely fishermen-housing related issues. According to
representatives of the Maharashtra Macchimar Kruti
Samiti and the National Coastal Protection Campaign,
the Notification leaves lot to interpretation, and can
be used to let builders claim prime coastal area.
Roads on stilts. The fishing community has also
opposed another provision permitting construction of
road on stilts in CRZ-I areas. Construction of roads on
stilts is also allowed in other CRZ areas. In CRZ areas
falling within the municipal limits of Greater Mumbai,
construction of roads, approach roads and missing
link roads, approved in the Developmental Plan of
Greater Mumbai, on stilts ensuring that the free flow
of tidal water is not affected (such as sea-links) are
permitted, subject to certain preconditions. These are:
(1) that all mangrove areas shall be mapped and
notified as protected forest and necessary protection
and conservation measures for the identified
mangrove areas is initiated; and (2) Five times the
number of mangroves destroyed/cut during the
construction process are replanted.
Slum Rehabilitation Schemes and Redevelopment of
Cessed and Dilapidated Buildings. The Notification
also deals with Slum Rehabilitation Schemes in
Greater Mumbai. Mumbai, as stated above, has a
64
number of slums located within 500m of the coast.
Therefore, the Notification allows for Slum
Rehabilitation Schemes within CRZ; however these
are to be undertaken directly, or by joint venture with
the State Government only.
Further, redevelopment of dilapidated, cessed and
unsafe buildings has been unambiguously allowed
under the new Notification subject to certain
preconditions. This has possibly been included due to
the decision in the 2008 case of Jayant Achyut Sathe v
Joseph Bain D'Souza which confirmed the
applicability of Regulation 33 (7) of the Development
Control Regulations, 1991 dealing with
redevelopment of cessed or dilapidated buildings.
The preconditions to developmental activities for
slums and for dilapidated, cessed and unsafe
buildings include that the Right to Information Act,
2005 is applicable to all redevelopment or
reconstruction projects which are granted clearance.
Moreover, in order to protect the 'green lung' of
Greater Mumbai, all open spaces, parks, gardens,
playgrounds indicated within CRZ-II (built-up
municipal areas), shall be categorized as CRZ-III, that
is, No Development Zones.
III. CONCLUSION
The long-term ramifications of the new Notification
are yet to be seen. However, already it has been
subject to heavy criticism due to the apparent
concessions it has provided, especially to
development in densely populated areas. However
one question that arises, despite the concessions
granted, is that is the new Notification more
practical? Probably. The original Notification which
imposed blanket prohibitions within 500m of the
HTL was to some extent impractical and non-liberal.
Further, it led to development of new pockets of
corruption and flagrant violation. Despite its
stringent provisions, actual compliance with those
provisions was weak.
The new Notification appears to be more
comprehensive, and it is fair to say that it has dealt
with more variables and is hence more precise.
However, the manner in which it affects the Indian
development story, we will have to wait and see.
1104 A, Raheja Chambers, Free Press Journal Marg, Nariman Point,
Mumbai - 400 021.
Tel: +91 (22) 4057 5555, Fax: +91 (22) 2204 3579
E-mail : [email protected].
The Urban Society
– Ameya Malkan, V-V
This is the place; this is the age, Oh my ancient sage!
Where man lives hiding in his hole, deep inside this concrete jungle,
He strains his head to see the sunset, for he cannot see beyond this golden cage,
The sunrise he can never see, unnatural lights flicker and disrupt his cycle every night.
This is the place; this is the age, Oh my holy father!
Where everyone is in a hurry, the stress runs high,
Where money is the driving force, for it, one kills another,
Where technological intelligence thrives, and spiritual maturity is about to die.
This is the place; this is the age, Oh my king!
Where my ruler is a criminal, but I'm not bothered, I am mentally sedated,
The moral implications of my actions don't bother me now,
I am here and I live for now, there is no God I fear, everyday here, truth is adulterated.
This is the place; this is the age, Oh my love!
Where I can break every marriage vow, showing you the glitter of diamonds,
Where I can use words like 'divorce' loosely for our marriage was a contract honey,
not made high above.
This is the place; this is the age, Oh mother earth!
Where conceited men like I, abuse you and pollute you for our greed,
We spit on the same soil we sow, it is from here that men like us grow,
We will be the cause of your death, but you will continue to give us birth.
This is the place; this is the age, Oh my guru!
Where my teacher despises fools, but hates that I am clever,
Where my thirst for knowledge, is my arrogance,
Where sticking to my guns, is my belligerence.
When the world around me is so unreal, where do I start?
Our complex minds have gotten us here; let's give a chance to our heart,
Let emotions be the voice of reason, let your instincts be the guiding ray,
Through those clouds of uncertainty, simplicity is the only way,
gyaan for you to handle, now go, have a nice day!
Too much gy
T
66
COURTROOM
HUM UR
Mr. S. B. Jaisinghani
Senior Advocate
In 1978 I was prosecuting as CBI Special Public Prosecutor Sanjay Gandhi and V. C. Shukla in
“Kissa Kursika" case. During cross examination of a prosecution witness, the Defence asked the
witness whether a particular figure written by him was incorrect. The witness frankly replied
that it was indeed so but explained it away by saying that it was a slip of the pen. The Defence
counsel immediately pounced upon him by pointing out how it could not be a slip of the ‘pen'
since it was written in pencil. The witness seemed flummoxed. I interjected at once by saying that it was a slip of the
‘tongue' on his part. There were peals of laughter and the witness was rescued. All parties were satisfied.”
Mr. Pradeep Sancheti
Senior Advocate
At a hearing of a Petition challenging the Arbitration Award passed in an Insurance
claim relating to sinking of a ship, the then Attorney General was representing the Insurance
Company and a well-known Sr. Counsel of International repute was representing the
Shipping Company. During the course of arguments, it transpired thus: Shipping Lawyer: My Lord, this is as per the International Shipping practice. This is how the matter is dealt
with at various Ports of call (globally).
Attorney General: Intervening, My Lord, all this is foreign to me, since I am only a national Lawyer.
Judge:
And I am only a local Judge!”
M/S. CHITNIS VAITHY & CO.
ADVOCATES & SOLICITORS
410 & 411, Gundecha Chambers, N.M. Road,
Fort, Mumbai- 400 023.
67
Speak Sense or Sentiments?
- Dhishan Kukreja, V-IV
S
alman Rushdie, whose Satanic Verses has been declared blasphemous in
eleven countries, once said “What is freedom of expression? Without the
freedom to offend, it ceases to exist.” Unfortunately, he burnt his tail with
his boldness and got himself issued a fatwa calling for his execution, after which
he was compelled to go underground for several years. Now, his public
statements only remain 'Google quotes'.
Following one of the most ironical situations 2010 witnessed, the never ending
debate between the freedom of expression and its limitations was once again
sparked off.
We had a 'cub' whose roar was enough to have a Booker Prize nominee
sheepishly withdrawn from a University syllabus by its Vice Chancellor. The
withdrawal received a lot of flak, particularly from the media. Subtly but surely,
we were no different from the sheep in question. We questioned the withdrawal
of the book, alleging that the University had acted on the dictates of the 'cub'.
Considering no one had read the book, in doing so, we unknowingly questioned
the withdrawal merely because it was called for by the 'cub'. This imprudent
criticism sadly reflected our stereotypical mindset. The 'cub' on the other hand
protested against his grandfather being referred to as a bastard in the book, while
he foolishly overlooked the abusive anti-Muslim comments repeatedly made by
his grandfather in his party's daily newspaper.
Somewhere in the shadow of this irony, a surprisingly large number of Salman
Rushdies came out of their closets opining on how intolerant we had become
towards the 'fair' comments made in the Booker Prize nominee. Furthermore, it
seemed that many amongst us were inclined to believe that causing offence and
challenging traditionalist notions is a precondition for any social change.
These latitudinarians state a twofold argument against the limitation.
Firstly, they contend, and rightly so, that a writer, being a citizen of India, has a
fundamental right of expression, which he at times uses to discharge his duty of
awakening those who are asleep. They however conveniently overlook the flip
side of the coin. The right to freedom of expression does not absolve a writer of
his equally fundamental duty of promoting harmony and the spirit of common
brotherhood amongst the people, or at least not promoting disharmony and the
spirit of enmity amongst them. Thus he is not licensed to trample upon the
sentiments of people in the name of freedom of expression. Courts have
deciphered the complexities involved in such situations by examining the form in
which a belief or even a well established fact for that matter, is expressed, rather
than the belief or the fact itself, for the right to freedom of expression is wide
enough to include in its ambit a bona-fide wrong opinion.
of expression?
What is freedom
Without the freedom to offend,
if it ceases to exist.
Salman Rushdie
68
Secondly, it is contended that limitations curb artistic freedom, and thereby
curb societal progress. The 'artistic freedom' argument appears to be absurd.
Merely because the medium of expressing views is regarded as an 'art', is no
reason to exempt it from being subject to the sentiments of people. An expression
by you and me which amounts to an offence is and should be as much an offence,
if it were expressed by a writer or a painter. A canvas or a book does not and
should not ipso facto enlarge the ambit of Article 19(1)(a). If it was otherwise, it
would in effect defeat the law of defamation. And as regards societal progress, I'm
amazed as to how 'artistic freedom', exploited in 1970 by M. F. Hussain's portrayal
of nude Hindu deities hasn't impelled societal progress! Furthermore, as Sigmund
Freud puts it - “What progress are we making? In the Middle Ages they would
have burned me. Now they are content with burning my books.”
There will always be a group of minds that will see unfairness in the fairest of comments. I don't blame them.
Fairness is subjective, as it has its roots in perception. Besides, reactions may be influenced by sentiments, which
unfortunately, unlike fairness, cannot be equated with right and wrong, leave aside justifying them. For instance, if
today, some Rohinton Mistry wrote about my grandfather, what he wrote about Bal Thackerey, I too would be
enraged, his bona-fides being rather insignificant to me. My sense of fairness would fall prey to my sentiments. Anger
is after all, as involuntary as any other human emotion. Hence, neither would I judge the sentiments of a mob which is
hurt by some writer referring to dabawallahs as ‘perspiring pigs' or Muslims as 'landyas' (circumcised) or 'fanatic
traitors', nor would I expect them to look up the Constitution of India before getting down onto the streets in protest,
it being a different issue altogether if such a protest is being staged merely to garner some political mileage. Thus,
although a third party may opine that limiting freedoms causes society to regress, when the tables turn, the writer is
invariably regarded as offensive.
We seem to have forgotten that right from Socrates in 399 BC to the now Qatar national M. F. Hussain, history has
time and again testified that freedom of expression is not unqualified and that challenging the
qualifications imposed would be no less than challenging the genesis of legal systems the world
over.
An unqualified freedom of expression would cause an uproar every time a pen were to be
lifted, and God help us if the uproar were that of a vindictive political party not in power.
Considering we've already blackened faces, burnt posters and issued death threats, I'd leave
the repercussions of unqualified freedoms as food for your thought.
If the freedom to express is to be encouraged beyond its limits, public tranquility is to be
sacrificed; maybe because we aren't liberal enough, maybe because we aren't tolerant
enough, maybe because we aren't ready to digest a Satanic Verses. But until we are, I prefer
that India be regarded as a conservative nation rather than a 'progressive', disharmonious
nation, for which I'm gladly willing to lose several more gems such as M. F. Hussain.
MALVI RANCHODDAS & CO.
Advocates, Solicitors & Notary
Yusuf Bldg., 3rd Flr., M. G. Road, Fort, Mumbai - 400 001.
Tel.: +91 22 66331801, Fax: +91 22 66331802
email: [email protected]
69
After GLC is a section which sees ex-students of Government Law College, who have
managed to carve a niche for themselves in the ultimate field of their choice, be it law or otherwise,
writing briefly about their experiences in the world outside of GLC and their journey after
graduation from GLC to their current positions. The section often proves to be an inspiration for
students of the institution who aspire to the same level of achievement and a source of pride for the
faculty and administration of the college. This year's section explores the journeys of Avni Shetty
and Shreyas Sridhar, one of whom branched out into the field of adventure sports after three years
of studying law at GLC and was recently a contestant on the reality show Khatron ke Khiladi, and
the other who pursued an LLM degree at New York University and is now working at one of the
world's leading law firms, Clifford Chance, in London. They relate their contrasting courses to
where they are today and explain how GLC formed the cornerstone of their success.
After
GLC
...
- Shreyas Sridhar
On the many occasions I sat down at my desk and began writing this piece out, one thing remained almost
unaltered – the slightly heightened trepidation levels. Save for a Statement of Purpose (or perhaps if you are prewriting your own eulogy), the task of telling others about yourself is a hard one for all but the most pompous. Coupled
with the lurking peril of being labelled a wind-bag, is the added complication that my approach to getting to where
I am now was anything but conventional (or recommended). With those caveats, here is a little ramble touching on a
few issues to think about when a master's or a job in London is looming.
First, it doesn't matter whether you're applying for a place in a master's degree or for a job at a London firm, the
first threshold is always your academics. A consistent First Class through GLC helps like nothing else on your CV can. At
every interview that I had in London, there was a detailed examination of my subject-wise marks and, despite Prof.
Pithawalla's best efforts to ensure I would never be in this situation, I can assure you that answering this question
when a job is at stake is simply impossible: “The key to becoming a good commercial lawyer is a sound understanding
of basic contractual principles. Why, Shreyas, have you only just barely passed your Contract Law paper?”
Despite the rugged graph, I managed marks that would probably classify as non-shameful through the five
years, although I am standing on soft sand while saying that. Apart from a couple of semesters, my exam preparation
usually involved a panic-ridden first reading of much of the syllabus the night before and trying not to sleep so that I
wouldn't forget anything I had read. Both were inevitably and invariably unsuccessful. Moral of the story: study hard, I
was lucky.
But I've managed to get ahead of myself.
Shreyas as
General Secretary
of the GLC Moot Court
Association, 2005.
The key question, I think, to ask yourself before
you decide to do a master's or go through the training
contract is: why? A master's is not for everyone and
neither is a job at a London law firm and if you are
doing either simply because you feel it is something
worth doing, both can be immensely frustrating and
ultimately unproductive in terms of your larger plan.
Speaking with students thinking about a master's
degree, I often sense that the underlying reason is that
they think it is the default option post-law. Without a
clear idea of what you want to derive from the
experience, whether in terms of pure learning,
developing a skill set or just living and working /
studying overseas, you will simply not be justifying the
time, effort and money you need to invest to get there.
That said, spending time studying or working
overseas is a wonderful experience, highly
recommended even if you want to return to India and
(as with GLC) the amount you want to gain from the
experience is down to how hungry you are. My own
three years since GLC have expectedly had their ups and
downs, but I can look back and rather happily claim
70
that I managed to squeeze out almost
everything that I wanted to get from my LL.M. at
NYU and the training contract at Clifford Chance
(where I am now an associate). The main target
for my LL.M. was to study public international
law, specifically the use of force, and going to
NYU meant I could do that under Prof. Tom
Franck, which was nothing short of brilliant. The
larger take-away from the LL.M., though, tends
not to be knowledge gathering, but rather an
improved sense of how to think about issues
differently, which is difficult to learn and even
more difficult to teach.
A lot of the effort in getting your profile to
suit the universities / firms you are applying to
has little to do with writing the actual
applications and is driven more by what you
have done in the years before to make sure you
have enough to wax eloquent about. That
involves early planning right through law college and
some amount of conscious “CV building” over the
years. Publications are critical to get into a good
master's programme, good internships / work
experience, social service if you're applying for
scholarships and the other usual bits around the
fringes all add up to make sure you have a well rounded
profile to show off.
NYU Law School, where Shreyas pursued his LL.M.
Once you're in shape to apply, the last worry is
finding the right places to apply to. As with every
institution, universities and law firms each have a
different approach to what they want the general
profile of their new recruits to be and picking the
right place to apply to usually involves being able to
judge whether you're a good enough candidate for
that university / firm. My advice is don't; you are
always likely to underestimate the quality of your
application and self-eliminate yourself. The training
contract applications have no costs attached – when
in doubt, apply. University applications are expensive
but if you are sure you will be doing a master's the
following year, then you must apply to any university
which is offering a programme that interests you.
There is no shame in getting a rejection from a firm or
university. Remember, I'm not the most intelligent
person you will ever meet, I'm not the most
outstanding lawyer you will ever work with and
(quite obviously) I'm no genius either; so if I could,
anyone can. And you don't have to take any of this
with a pinch of salt because I'm not the most modest
either!
But that's just one approach and admittedly the
recommended one. The other (and even though
I picked it, not entirely hopeless) is to ignore all this
advice thrown at you and simply do what you enjoy
doing, with the warning that it is important to make
sure you are being productive and have at least some
useful news to report on the CV whether that be sports,
social service, public speaking or leadership roles in
GLC (the last being my hands - down favourite). I was
very aware that I was going to be a student being
afforded the opportunities that GLC presents for a
limited period and I made the most of it, generally
avoiding working when college was on and leaving the
intense stress of trying to fill application forms to my
final year. The extra-curricular activities on my CV were
Clifford Chance, London where Shreyas is currently an Associate.
not terribly helpful as far as my
LL.M. applications went, but
they were something that stood
out during my training contract
interviews. From my experience,
most of the top law firms in
London are first and foremost
looking for good, well-rounded
students who they can train to
be excellent lawyers. It may help
that you know a great deal
about the law (I certainly
didn't), but as far as I can see,
that is not their primary
concern.
71
After
GLC
...
- Avni Shetty
“HUH?” “WHAT?” “WOW!” These were just a few of my reactions when I was contacted to write this article. Let
me start by saying that for someone like me, who hardly ever attended classes, it is a great honour to be asked to do
this and I will try my best to make sure you don't fall off to sleep half way through it.
Okay then. Let me showcase some good things about myself (a lot of which will happen here). I was an above
average student all my life, but always had this desire to want to do more. Maybe that explains why I took up
diving and then swimming and excelled at both at the national level and even represented India twice. As junior
college came to an end, I knew I would have to tread the same path as millions of others and enroll in degree college
and yet I was not satisfied with this. I had started to become aware of my responsibilities as an adult. I started getting
proactive with social causes and joined CRY as a volunteer to enable me to do more work in that direction. It was
around this time, that it occurred to me that this so called ‘direction’ would become clearer for me with an additional
degree, one that would help me to understand certain aspects of this line of work. And thus began my journey toward
becoming a lawyer.
So, after a largely uneventful 3 years and 2 KTs, here I am, writing this article about my life "AFTER GLC".
I got married during my last year at GLC and believe it or not, it was just one of the many exciting things that
happened to me that year. For me, it's my memories that are truly the most important things in my life, because they
are the only things I will have use for, if there is an afterlife. That's where my love for the outdoors and doing
something, be it a simple walk or something like bungee jumping, paragliding, river rafting, rock climbing or simply
travelling to a new place, comes from. So when the opportunity came, to be able to do something related to this, it
didn't take me even a fraction of a second, to decide to take the leap.
In my first year of law, I had done an internship in corporate law and realized half way through it, that it was not
something I was cut out for. Sitting in the office got dreary. I felt like I was made to hate my work. Sitting in one place,
punching in hours, billing clients, and loads of paper work, was not exactly what I had in mind for my career. It wasn't
something that gave me happiness and satisfaction. In spite of this, I thought I was just going through a phase, where
perhaps, because I wasn't used to that kind of work, I was just getting a little scared and agitated, and that eventually, I
would get over it. Like many, even I had fancied sitting on a desk in a corporate set-up, making presentations et al. So in
my second year, I did another internship. It turned out worse. I cursed myself on the first day itself. The only happiness
I felt, was from meeting new people and learning from them. Other than that, nothing. That's when I knew for sure
that that was not something I would pursue as a profession.
And so I had begun to veer from my original aim.
At no point in time have I felt that it was a waste to
have done law for 3 years, because it has given me a
great opportunity to have a choice later in life to dabble
in various fields, thanks to the knowledge and
confidence I have got from studying it. Speaking of
confidence, imagine what a boost it was when I was
chosen for the Delhi Study Tour in my second year at
GLC. There was a lot to learn from the likes of Murli and
Milind Deora, the President of India, Mrs. Pratibha Patil
and possibly, the future leader of our nation, Rahul
Gandhi. Witnessing the Parliament in session was
surreal. Thankfully there was no throwing of chairs,
tables, or sandals that day.
Coming back to the opportunity I got, to do
something I love. When a very close friend and
someone who shares my love for the outdoors and
adventure sports, pitched an idea for starting an
adventure sports-based web portal, it was too good to
resist. So currently, I am a Director of a Private
Limited Company, run by 5 friends, whose aim is to be
the first and final destination for people, to know
72
anything and ev erything about
adventure sports and activities in India.
Please visit www.wachox.com sometime
in the first half of January, after its
launch. That was my lame attempt at
promoting the website, but with a bunch
of young people reading this article, who
want to get out of their houses and
explore unchartered avenues, and who
have hundreds of friends on social
networking websites, can you blame me
for trying?
I spoke about memories, and
here's another, which I feel compelled to
Priyanka Chopra announcing
share. One lazy afternoon (of which I
the Winners of Fear Factor Khatron Ke Khiladi , Season 3.
don't have too many), I got a call from a
things which I followed in my life, which did me good,
friend of a friend, who knew someone's friend in a
and it would give me a lot of joy if they did the same for
production house that was looking for girls to cast in
even a small percentage of people. Be true to yourself.
the latest season of Fear Factor Khatron Ke Khiladi. Now,
Do whatever you are doing with passion, or else don't
you all know how passionately I have spoken about
do it, because it's very likely that you won't do it well
adventure sports. So it will come as no surprise to you
without the passion. Even if, for some reason, you do
that I agreed to go for the auditions even before I was
manage to do it well without the passion, and I judge
actually asked to come for one. Two weeks later, I was
‘well’ by the most common Indian parameter of money,
on a flight to Brazil. An adventure, a free trip to Brazil,
then you won't be happy. Find the courage to change
and being in the presence of Milind Soman for 3 weeks
the things that you can and the strength to let go of the
sounded like heaven. Then again, I'm not sure if in
things you cannot and most importantly pray for the
heaven they hang you upside down from a helicopter,
wisdom to know the difference between the two. But
or drape pythons around your face, or put you in a tank
hey, what do I know. Live life on your terms, just don't
full of eels, or even throw you into a s*** pit. However I
hurt anyone else. And if you are looking for nirvana
survived it all, and learnt something about myself. I'm
through the outdoor way, you know who to contact.
not the kind of person who introspects much, so I don't
have anything great to say when someone asks me
Every day is an education and if you can learn
what my strengths and weaknesses are. But after
even a little from that and use it in the future, you will
having been on the show, I think one of my greatest
have very little to worry about. Except the depleting
strengths, is being able to face my fears and do what
ozone layer, the melting solar caps, the rise in CO2 levels,
needs to be done to move ahead in life. I guess that was
the dwindling number of tigers and last month's high
the attitude that got me to the finals of the show,
cell phone bill. Everything else will be okay. At least I
coupled with the immense support and strength I got
hope so.
from my husband, Arjun.
All the very best!
Ritwik Bhattacharya, the squash champion, was
my partner on the show. He was the best
partner anyone could ask for. I know that I
may sound biased because he was my
partner, but if you've seen the show, I'm
sure you would agree with me.
I think that I should bring this article
to an end by giving you some advice,
however old that makes me feel. Yes, I know
that you may believe that you know
everything, that the whole world except
you is wrong, and that the last thing you
need, is advice from a ‘wanna-be’ lawyer
who is married and is still living the life of a
fifteen year old, on a constant high of
adrenaline, but there are a few simple
Avni in Brazil while shooting for Fear Factor Khatron Ke Khiladi .
73
MOSQUE
MOSQUE & MUSLIM COMMUNITY CENTRE
NEAR GROUND ZERO – IS AMERICA READY?
– Manjari Mukherjee, V - II
“The only alternative to co-existence is co-destruction” - Jawaharlal Nehru
‘E pluribus Unum’, the motto which is spread all over
America, means “Out of all things one, one out of all
things.”
The proposed Muslim community centre and mosque,
two blocks from the site of the World Trade Centre, also
known as 'Ground Zero', has evoked mixed feelings in
the American community as well as the global
community. To begin with, the community centre was
christened Cordoba house - the name Cordoba was to
stand as a symbol for
Cordoba in Spain in the
th
11 century which saw
the peaceful co-existence
of Islam, Judaism and
Christianity - but was
later renamed Park51
Muslim Cultural Centre,
reflecting its address, Park
Place. It is the creation of
the Cordoba Initiative, a
think-tank whose stated mission is to improve dialogue
between Muslims and the West and promote
engagement through education. Started in 2004, the
group is headed by Kuwait-born Imam Feisal Abdul
Rauf, an Islamic scholar. The centre was to have multifaith aspects to its design, which was to include a 500seat auditorium, a theatre, a performing arts centre, a
fitness centre, a swimming pool, a basketball court, a
childcare area, a bookstore, a culinary school, an art
studio, a food court and a memorial to the victims of
the September 11 attacks. The prayer space for
the Muslim community would accommodate
1,000–2,000 people. The controversial plan to build the
community centre
and mosque can now
be implemented,
after the Lower
M a n h a t t a n
Community Board
cleared the way for
the demolition of the
existing building on
the site last August.
Every coin and every
story always has two
sides. A national
controversy was
sparked by the dubbing of the project as the “Ground
Zero Mosque” by conservative bloggers and founders of
the group “Stop Islamization of America”, Pamela
Geller and Robert Spencer. Nationwide polls showed
that a majority of Americans were against the project,
one of the reasons for their staunch opposition being
its close proximity to America's deepest wound. For
many it would be a direct reminder of a nightmare that
changed their lives. Many feel that it would be
“sacrilege on a sacred site”, to build the mosque and
community centre so close to Ground Zero, as the
terrorists of 9/11 killed and massacred in the name of
Islam. It is believed that Park51 if built would be a
'victory memorial' for Islam. The name was criticized
by some. It was believed to be “a deliberately insulting
term" which symbolized the Muslim conquerors'
victory over Christian Spaniards, and noted that the
Muslims had converted a Cordoba church into the
third largest mosque in the world.
It is evident why the loved ones and family members of
the victims of the 9/11 tragedy find the project
objectionable. Their pain and anger are completely
justified. The opposition of many of them to the project
is symbolic not of a desire to deny religious rights to a
certain section of people, but of an appeal to take into
consideration their sensitivities. They do not agree
with the view that legal rights are superior to
consideration and decency and are thus of the opinion
that a mosque, only steps from Ground Zero, would be
extremely insensitive.
It is, however, equally important to note that much of
the support for Park51 comes from unlikely quarters from many of the families of the victims of 9/11. They
believe that in the bid to uphold national honour and
sentiment, it would be wrong to “condemn a religion”
and “castigate a billion people” simply because
they belong to a
particular religious
faith. Indeed, it
might set a wrong
precedent and send
out a false image
of a bigoted and
intolerant America.
The political class is
divided in their
opinions on the
issue, with several
like John McCain
and Sarah Palin
coming out in open opposition to the project and
others like Obama stating that "Muslims have the same
right to practice their religion as anyone else in this
75
country, and that includes the right to build a place of
worship and a community centre on private property
in lower Manhattan, in accordance with local laws and
ordinances," while later clarifying that he “was not
commenting on the wisdom of the decision to put a
mosque there.”
But, as is mostly the case, a step towards community
development by a religious entity is always looked
upon skeptically and at times with much disdain. So
was this initiative. What is important to note, is the fact
that along with it being a mosque, the aim was to make
it a place of inter faith dialogue, a place where barriers
could be broken, where hate could be transformed into
positive emotions. Consequently, its proximity to
Ground Zero could well be interpreted in completely
different tones. Daisy Khan, the wife and partner of
Imam Rauf, has been able to eloquently clear the air on
the aim of this project. She represents moderate
Muslims who want “to reverse the trend of extremism
and the kind of ideology that the extremists are
spreading.” Pointing to the fact that ordinary Muslims
have been killed by Muslim extremists all over the
world, Khan also said about the mosque, “For me it
would be a symbol that would give voice to the silent
majority of Muslims who suffer at the hands of
extremists. A centre will show that Muslims will be
part of rebuilding Lower Manhattan”.
What surprises me is that America - a democracy, a
country that emphasises the principle of freedom of
religion - is portraying such petty, religious
intolerance. Who has the right to decide where
Muslims can practice, profess and propagate
their religion? The answer of course, is Islam alone.
We must remember
that the country in
question is secular,
but the principle
of secularism is
definitely not being
reflected here.
There are numerous
religions which are
peacefully making
their voices heard,
and that is a right
which America as a
secular country has
awarded them. The
only reason they are
not under scrutiny is
because they have not been embroiled in any
controversy. A question which arises, is should a people
who have faced tragedy and been victims of fanaticism,
go on to become propagators of the same fanaticism
themselves? There would be no difference then,
between the victims and the perpetrators.
76
Supporters appealed to The First Amendment and
argued that the centre would give Muslims the
opportunity to demonstrate their peaceful values and
Americans the chance to reassert their traditional
commitment to tolerance and diversity.
An interesting fallout of the mass opposition to Park51
has been an increase in the support to the cause of the
Taliban. Newsweek quoted a Taliban operative as
saying, “By preventing this Mosque from being built,
America is doing us a big favour. It is providing us with
more recruits, donations and popular support.”
We must remember that 9/11 happened not because of
Islam, but because of Islamic fanatics. There's a world
of difference between the two, which we need to
recognize as discerning citizens of this world, and
for those who cannot, it's our duty to show them
that light. There are many countries that, after
facing the fire, have retaliated,
and the retaliation included
doing the exact same thing attacking. Two wrongs can
never make a right and this we
must never forget. Asking a
community to become invisible
is definitely not a solution to
anything. No community, no
God, could ask you to kill. It is
the interpretation or rather
misinterpretation by certain
sections of a faith, which leads
to the kind of violence we saw
during the 9/11 attacks. It is not
just those outside the faith, but
also the liberal and peace loving
members of the community itself, who hate this fringe
element, recognize their foolishness and abhor them
equally if not more. Which religion does not possess
some of these fanatics? Who are we to judge Islam,
generalize it and black mark it? When the twin towers
were crumbling, people rushed into the buildings to
save lives without wasting time in distinguishing
between victims of various faiths. They just wanted to
save lives. If we did not differentiate in times of crisis,
why should we differentiate now?
Looking back, one can see that the Muslim
community existed in the concerned area before the
attack. The building always
existed and is merely under
renovation. The New York
Times reported that Muslim
religious facilities existed
at the World Trade Centre
itself, before the attacks.
Ironically, another Muslim
centre was irreparably
damaged during the 9/11
attack. Today we cannot
make that community
nonexistent and ask them to
vanish. It is anti - secular. It is
anti - human. A Christian leader threatened to “burn
the Koran”. In retaliation, there was a 'burn the Bible'
movement. In my opinion, the only purpose this
served was to light a fire in the hearts of those who
were originally peace loving. The situation helped
none. To those who say it is an issue of sensitivity, I by
no means want to be insensitive. I don't think I could
ever even imagine the trauma of those who have lost
loved ones. But is their grief directed where it is
deserved?
I would conclude by saying that the world
understands the grief of the Americans, their anger
and frustration, but these emotions do not justify or
provide a reason to pull out Islam and force Muslims
to lead a hidden and fearful
existence. As clichéd as it
might sound, I must reiterate
that every Muslim is not a
terrorist and every terrorist is
definitely not a Muslim. We
need a world where everyone
is allowed to co-exist in the
same space and there are
no second grade citizens,
where we can all reconcile
our differences in spite of a
certain amount of conflict
which is inevitable and
necessary, instead of creating our own brand of
fanaticism and destruction.
As Aime Cesaire so beautifully said, “I have a different
idea of universal. It is of a universal rich with all that is
particular, rich with all the particulars there are, the
deepening of each particular, the co-existence of them
all.”
77
th
10 Vyas
NATIONAL LEGAL ESSAY
COMPETITION 2010-11
A good lawyer has to have a way with words, making it one of the main weapons in his arsenal. The right words can be
the difference between life and death, in some cases. And it isn't just the spoken word that matters, being able to
succinctly put one's thoughts down on paper also counts.
No one knows this better than Senior Advocate Mr. Dinesh Vyas. For the last 10 years he has been helping the Magazine
Committee organize the Vyas - Government Law College National Legal Essay Competition, with unwavering
enthusiasm. This competition is awaited for by law students from all over the country as it allows them to exhibit their
writing skills.
We have done our best to frame topics around current legal matters of concern, they are:
1) Will inadequate environmental legislation and judicial slumber allow future Union Carbides to get away with
murder?
2) The States Reorganization Act, 1956 – Are border issues within the country, inter-alia, leading us to a Federation?
3) Sports & Competition Law in India with special reference to cricket – Is business in sports defeating the purpose of
competition?
4) Nation's “Common” “Wealth” – free for all –Who cares for Anti Corruption Laws!
5) Goods and Service Tax (GST) – Will the proposed Indirect Tax reforms change the business and tax dynamics in India?
We are extremely honoured to have this year's entries judged by the following Judges of the Bombay High Court –
Hon'ble Shri Justice J. P. Devadhar, Hon'ble Shri Justice V. M. Kanade, Hon'ble Shri Justice A. S. Oka,
Hon'ble Shri Justice A. V. Mohta, Hon'ble Shri Justice A. H. Joshi, Hon'ble Shri Justice A. A. Sayed,
Hon'ble Smt. Justice R. P. Sondur Baldota, Hon'ble Shri Justice K. K. Tated, Hon'ble Shri Justice S. J. Kathawalla and
Hon'ble Smt. Justice Mridula Bhatkar. We are grateful to the Judges for taking time out of their busy schedules and
agreeing to judge the competition.
The winners this year are:
1. Balu G Nair, The WB National University of Juridical Sciences, Kolkata
First Prize: ` 12,000
2. Neha Das, Symbiosis Law School, Pune
Second Prize: ` 9,000
3. Jaleesurrehman Obaidurrehman Shaikh, S.V.K.M's Pravin Gandhi College of Law, Mumbai &
Sneha Karle, New Law College, Mumbai
Third Prize: ` 7,000
We congratulate the winners. The following pages contain the essays that were awarded the first and second place
respectively.
79
SPORTS & COMPETITION LAW IN INDIA WITH SPECIAL
REFERENCE TO CRICKET- IS BUSINESS IN SPORTS DEFEATING
THE PURPOSE OF COMPETITION?
Balu G Nair, The WB National University of Juridical Sciences, Kolkata.
(This essay was awarded the 1st prize)
INTRODUCTION
‘The public have an interest in every person carrying
on his trade freely: so has the individual. All
interference with the individual's liberty of action in
trading, and all restraints of trade themselves, if there is
nothing more, are contrary to public policy, and
therefore void….'1
Most games and sports were played or conducted as
mere forms of exercise and entertainment in their
initial years of discovery. It was only later on that they
assumed a professional character and people began to
invest large amounts of money into it. With the
increased commercialization of sports, it started
contributing to the world trade in a large way and the
present share of sports sector in world trade stands at
2
3% of its total revenue. The commercialization of
sports resulted in different organizations and
individuals trying to make huge profits out of it and this
in turn has given an economic aspect to the arena of
sports. As with any other market, the market players
started indulging in practices which would heighten
their interests and naturally, the laws which would
give a level playing field to the market players, like
competition law, had to intervene in this market. This
interaction between sports and competition law gave
3
rise to the famed cases like Greig v Insole , Super league
4
5
case , Bosman case etc. The rulings in these and many
other cases have primarily laid down the guiding
principles which could be used to resolve disputes in
the area of sports which have an economic angle to it.
Articles 81 and 82 of the European Commission Treaty6
have been the most important provisions in these
disputes. Although this interference has been in much
focus in Europe and America during the past half a
century, it has merited scant attention from the Indian
jurists. But, with the ever increasing
professionalization in the arena, the Indian law makers
too took notice of this in the past decade and adequate
provisions have been laid down in the Competition Act
2002 (hereinafter, Act).
This study assumes importance in the context of the
Board of Control for Cricket in India's (hereinafter,
BCCI) high handedness in controlling the game of
cricket in the country and its attempts at
monopolization on this front. The latest episodes of the
BCCI's attempts to ascertain its powers in its market
include its unwillingness to adhere to the guidelines of
7
the Union Government and the blatant abuse of its
dominance to drive out Essel Group's Indian Cricket
80
League (hereinafter, ICL) from the Indian cricket
8
market. BCCI's anti competitive practices have
already come under the scanner of the Directorate of
the Monopolies and Restrictive Trade Practices
Commission.9
This article will pan out in three parts. The first part
will lay down in brief the purposes of competition
laws. It will also look into the evolution of the
competition law doctrines which have had
remarkable significance in the area of sports. The
second part would look into how these competition
law principles have been incorporated in the Indian
Competition Act, 2002. This part would also focus on
the application of the above mentioned principles to
the area of cricket in India. The final section would
assess whether business in sports is defeating the
purpose of competition and also look into the future
course of action.
Part I
I (i) WHAT DOES A COMPETITION POLICY
ASPIRE TO ACHIEVE?
The primary purpose of any competition law is to
ensure that everyone is accorded an equal
opportunity to enter the markets each one desires to
and is meted out a level playing field to compete in
those markets.10 It is a well known fact that almost all
countries have their own laws which control the
market forces and have competent authorities to
enforce these laws. Although different countries may
have in place different set of competition laws, it is
11
possible to speak of “a” law. This is so because almost
all major modern competition legislations were aided
by two model competition laws advocated by the
Organisation for Economic Co-Operation and
Development (“OECD”) and United Nations
C o n f e r e n c e o n Tr a d e a n d D e v e l o p m e n t
(“UNCTAD”).12 Also, much reliance was placed on the
competition laws of the United States and EU while
framing these laws.13 As a result of the above, many
common features may be traced in all the major
modern competition laws. World Trade Organisation
(“WTO”) has listed a number of goals as the “social
14
and economic” objectives of any competition policy.
Some of them are:
• Protecting consumers from the undue exercise of
market power;
• Promoting economic efficiency, in static and
dynamic sense;
• Ensuring economic liberalization, including
privatization, deregulation and the
reduction of
internal trade barriers;
Apart from this, International Competition Network
(“ICN”), an international body which has competition
authorities from different countries as its members,
has also laid down a number of objectives which
should form part of its members' competition policies.
The following is an indicative list of the same:
• Ensuring an effective competitive process;
• Promoting consumer welfare and enhancing
efficiency;
• Paving way for a level playing field for small and
midsized enterprises;
• Promoting competitiveness in international
markets;
• Promoting consumer choice etc.
In line with these international objectives, the
Competition Commission of India has also envisioned
similar goals. In a judgement of the Apex Court, it held
that “the main objective of competition law is to
promote economic efficiency using competition as
one of the means of assisting the creation of market
responsive to consumer preferences. The advantages
of perfect competition are three-fold: allocative
efficiency, which ensures the effective allocation of
resources, productive efficiency, which ensures that
costs of production are kept at a minimum and
dynamic efficiency, which promotes innovative
practices."16
It could easily be seen that both WTO and ICN have
envisaged a number of common objectives. The crux
of both these visions is to enhance the efficiency of
economy through increased consumer choices,
removal of trade barriers and opportunity creation for
small and medium enterprises. The Competition
Commission of India has wholly embraced these
guidelines and has declared the same to be its primary
objectives.17
I (ii) COMPETITION LAW PRINCIPLES RELEVANT
TO THE AREA OF SPORTS
Before looking into the relevant principles, it would
be interesting to analyse the issues faced while
applying competition laws in the area of sports.
Competition law has been viewed as a rather
unsuitable instrument for the regulation of matters
18
concerned with sports. But, the fact that most of the
sports are controlled by authorities who have a
monopolistic hold over the lives and fortunes of the
VYAS GLC NATIONAL LEGAL ESSAY COMPETITION
• Protecting opportunities for small and
15
medium sized businesses etc.
professionals involved in it resulted in large scale
abuse of power by these authorities. Not only were the
interests of the sportspersons overlooked but also
opportunities were denied to the market players who
aspired to get a share of the profits from the industry.
The allocation of broadcasting rights involving
favouritism by authorities and the unwillingness to
release players on flimsy grounds all led to the
increased need for enforcing competition law.19 The
enforcement of competition laws to the area of sports
has a different nature compared to others. This has
been acknowledged by the European Union
Competition Commission in all its intergovernmental
20
conferences, especially the Helsinki declaration.
Jean-Francois Pons in his 'Sport and European
Competition Policy' has pointed out the unique
attributes of the area of sports and has explained why
the competition laws should be applied differently
when it comes to sports. Some of the main
characteristics which he has pointed out are:
• Rules applied in controlling sports competitions
differ
greatly from the rules applied in other
industries. For example, since it is essential that no
club should drop
out of an annual
championship midway, rules are
required to
ensure solidarity and equality between the
strongest and weakest teams. This is also done so that
there remains an uncertainty with regard to the
results, which is the most important
part of drawing crowd interest in a sport.
• Distribution of resources from top to bottom has to be
accepted since the economic resources required for
any sport, which is both an economic and social
activity, is financed by resources from the strongest
clubs, sponsorship etc.
• Sports federations, unlike authorities in other
markets, have a dual role. One involving the
regulation of the industry and the other an economic
role.
Thus the EU Competition Commission has made a
deliberate attempt to distinguish the compliance with
the competition principles and the requirements of
sports policy. Among the rules which have been
applied to this area, the doctrine of 'abuse of
dominance' assumes primary importance.
a) Abuse of dominance- This doctrine is imbibed in
21
Article 82 of the EC Treaty. According to this
principle, the mere fact that a certain market player is
dominant in his respective market is not anti
competitive. It is the abuse of this dominant position
that will be open to the actions of the competition
22
authorities. Practices like price discrimination, tieins, refusal to deal, predatory pricing, raising rival's
23
costs, vertical pricing etc. will fall under this doctrine.
81
In Hoffman- La Roche and CO. AG v Commission24, the
court ruled that “the concept of abuse is an objective
concept relating to the behavior of an undertaking in a
dominant position which is such as to influence the
structure of the market where, as a result of the very
presence of the undertaking in question, the degree of
competition is weakened and which through recourse
to methods different from normal practices has the
effect of hindering the maintenance of degree of
competition”. Thus, an abuse of dominance includes
any practice by a dominant market player to restrict
competition and deny competitors an opportunity to
compete. Although a number of other practices like
restraint of trade, essential facilities doctrine etc. can
be grouped under the doctrine of abuse of dominance,
I will examine these principles separately.
b) Restraint of Trade- This principle is one of the most
fundamental common law principles. It states that the
individuals should be allowed to pursue their trade or
business without interference.25 Under Indian law,
this doctrine could be seen in s 27 of the Indian
Contract Act.26 A number of landmark common law
decisions have been decided on the basis of this
doctrine.27
c) Essential Facilities Doctrine- This doctrine is part of
the 'abuse of dominance' principle. Nevertheless, the
doctrine is of distinct importance when it comes to
matters related to sports. The doctrine talks of a
situation where in a dominant firm owns or controls a
facility, which is an essential facility to one of its
competitors and the competitor requires access to this
facility to provide its services.28 Unwillingness by a
dominant firm to enable access to its competitors
would be thus deemed to be an anti competitive
practice.
Apart from these, there are a number of principles
which are solely meant for the regulation of allocation
of broadcasting rights. The most relevant among these
doctrines is the doctrine of 'exclusivity'.
d) Exclusivity- Commercial transactions in the area of
sports will not be fruitful unless there is a certain
amount of exclusivity. A broadcaster will not be able
to make profits if the matches are broadcasted through
a number of satellite channels or if he does not have
rights which extend to a certain period. Exclusivity in
itself is not enough to draw the attention of the
competition authorities. It is when exclusive rights
are given away on a subjective basis and for a period
which may exclude competitors for an unreasonably
long duration that competition authorities will have
to step in.29 Agreements which confer exclusivity will
fall under Article 81 (1) of the EC treaty. The crux of
this doctrine is that the granting of license to
broadcast should not exceed a reasonable time period
82
which may result in the foreclosure of market to other
competitors. But, an exception may be granted to this
rule if a new entrant is experimenting an innovative
technology.30
It would be worthwhile now to assess how the above
mentioned doctrines have been incorporated in the
Indian Competition Act, 2002.
Part II
II (i) COMMON LAW COMPETITION PRINCIPLES
AS SEEN IN THE COMPETITION ACT OF INDIA
It should be mentioned at the outset that the
Competition Act, 2002 was adopted in place of the
Monopolies and Restrictive Trade Practices Act of
1969 (“MRTP”).31 MRTP, which was seen as a
“command and control” law, had failed on many
occasions due to the lack of proper definitions within
the act and it was seen as an outdated Act in the postliberalization era where the economy was based on
free market principles rather than the command and
32
control policies of the government. The Finance
Minister in his budget speech in 1999 succinctly put
the shift from MRTP to a new competition law thus,
“…we need to shift our focus from curbing
monopolies to promoting competition...”.33 The Act
mainly focuses on four areas while trying to regulate
the market forces. They are, 1) anti competitive
agreements, 2) abuse of dominance, 3) combination
regulation and 4) competition advocacy. It is the first
two areas which are pertinent to the present
discussion.
1) Anti Competitive agreements- s 3 of the Act lays
down the provision with regard to anti competitive
agreements.34 It prohibits any person or enterprise
from entering into agreements which are related to
production, supply, distribution, storage, acquisition
or control of goods or provisions of service and which
may have an adverse impact on the competition
within India. It is noted that the doctrine of restraint
of trade may also be attributed to this provision apart
from the general prohibition laid down in s 27 of the
Contract Act. Bid rigging, price fixing, vertical and
horizontal anti competitive agreements all fall under
the ambit of this provision.
2) Abuse of dominance- The doctrine has the same
meaning as explained in the earlier section. This
principle is laid down in s 4 of the Act. There is no
arithmetic figure which may indicate the dominance
of an enterprise.35 It is a subjective test and the Act
explains the dominant position as a position of
strength which allows an enterprise to operate
independently of any competitive pressure and to
affect the market share, competition and consumers
36
in a remarkable way. Predatory pricing, tying in,
Act and there is a clear case for invoking the doctrine of
abuse of dominant position against BCCI.
Now that I have explained the principles in
competition law which have a direct impact in the area
of sports, these principles may be tested against the
legal skirmishes which have come up in the cricketing
spectrum in India.
The reasons why the doctrine of abuse of dominance
should be invoked against the BCCI are fairly
straightforward. Firstly, it is quite clear from the
reading of the Act that BCCI would fall within the
ambit of who is deemed as 'dominant' in a market. The
pure arithmetical dominance of BCCI in the market is
the best proof for its dominance. The reasons for
asserting that BCCI abused its dominance are twofold;
the first reason being that Board was acting in restraint
of the right of Essel Group to trade in the market of
cricket by imposing a blanket ban on all the players
and officials who took part in ICL and the second, its
decision to deny major stadia in India for ICL. There
have been common law decisions, particularly with
reference to cricket, which have ruled that any
restraint on the players' right to take part in parallel
leagues or championships would constitute a 'restraint
of trade'. The most popular case in this regard is Grieg v
44
Insolein in which the ICC's decision to ban players
who joined Kerry Packer's unsanctioned World Series
Cricket was deemed to be invalid. Furthermore, in
45
Hughes v Western Australia Cricket Association Inc.
the court struck down the ban placed by the Australian
board on Kim Hughes, an Australian cricketer, who
had signed up to play for South Africa. The court said
that the board cannot restrict the players from taking
part in any unsanctioned series and ban imposed on
the basis of a player joining a rebel league would be
deemed invalid. Scott J in Gasser v Stinson46 summed
up thus, 'in a sport which allows competitors to exploit
their ability in the sport for financial gain and which
allows the gain to be a direct consequence of
participation in competition, a ban on competition
is…a restraint of trade.' Thus, the decision of BCCI to
ban players who joined ICL is clearly a restraint of
trade.
II (ii) BCCI AS A MONOPOLY - CAN THE NEW
LAWS BELL THE CAT?
One of the unique features of any sport as an industry
is that there will always be one player who would have
a monopoly at the global and national levels. While it
may be International Cricket Council (ICC) for cricket
at the global level and the respective national boards
(in India, BCCI) at the national level, it is FIFA which is
the international authority in football and the different
national federations at national level. This paves way
for a de facto dominant force to begin with. But, with
the escalating commercialization of sports, the nature
of sports industry itself has changed and it is no more
restricted to events between national teams. The
advent of professional leagues which involve matches
in different countries and with teams having
representation from different nations, the scope for
competition and the need for preventing the high
handedness of the above mentioned de facto
authorities has heightened. In the Indian context,
BCCI is the highest grosser of revenues among the
National Sports Federations (“NSFs”). BCCI's annual
income is well over `1000 crore37 and the dominance
of BCCI over even the Union Government is a well
known fact.38 The major indication of the abuse of its
monopolistic powers came when the Board decided to
ban the players who decided to defect to the Essel
Group sponsored Indian Cricket League (“ICL”).39 It
even decided to withdraw pensions to the former
cricketers from India joining the League in their
40
capacity as officials. It wielded its powers as the
game's most powerful and wealthy administrator to
garner the support of ICC and other national boards
and ensured that all players joining the League faced a
ban from representing their national teams. Although,
these actions came under the scanner of the MRTP
Commission, no action has yet been taken against the
Board.41 Not only that, the denial of facilities and
complete non co-operation from the rest of the
cricketing fraternity led Essel Group to unofficially
42
wind up its novel initiative in 2009. Although ICL
initiated legal action against the Board and ICC in a
London court contending restraint of trade, no
evidence of it getting any relief has yet surfaced.43
There are no reports of Competition Commission too
having taken any action against BCCI. This, in the
author's view, is a clear violation of the fundamental
principles of the competition policies laid down in the
price discrimination, denial of essential facilities all
fall under abuse of dominance.
The second major reason why the BCCI's actions
amounted to an abuse, as mentioned earlier, is the
Board's decision to deny ICL access to various
stadiums in the country. Since most of the playing
venues in the country are controlled by the Board and
this is an indispensable facility for the competitor
(ICL) to provide its services, the actions would be
covered by the essential facilities doctrine.
Apart from the abuse of its dominance, there are clear
signs of BCCI having violated the exclusivity principle
during the allocation of broadcasting rights for the
Indian Premier League (“IPL”), the Board's T20 league.
The broadcasting rights to this popular event were
granted to WSG- Sony Entertainment for a period of 10
years.47 Yet again, a straightforward application of the
principle of exclusivity would show that this is an
unreasonably long duration. Not only would this put
83
the favoured combine in a dominant position after ten
years but also would create trade barriers to other
aspiring entrants. This may result in the foreclosure of
the market to the existing players.48
The above analysis clearly points to a lacunae in the
application of competition laws to the sports arena in
India. Non application of these laws in spite of a
scenario wherein a grave abuse of dominance has
happened goes on to show the lack of awareness in the
country regarding the interference of sports and
competition laws. It is high time that we woke up to the
situation and started identifying the convergence
points of these two laws. This is even more important
since business in sports industry may have boosted
competition and consumer preferences, an overdose of
the same is leading us to a situation where the purpose
of competition policies is being annihilated and
consumer choices are being put to attrition. The next
part would examine this scenario.
Part III
IS BUSINESS IN SPORTS DEFEATING THE
PURPOSE OF COMPETITION?
It would be useful to go back to the first section of this
article to answer this concern. As mentioned there, the
primary purpose of a competition policy is to ensure a
level playing field to all the market players, make way
for increased consumer choices without letting anyone
abuse their dominance over the market and enable the
entry and participation of even midsized firms etc.
Although increased business may result in the market
players vying for each inch of market space through
any possible means, it should be acknowledged that
wide ranging commercialization is the prime promoter
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
84
of competition itself. So, if sports industry cuts down
on commercialization and does not give scope for
business enterprises to utilize its potential, the
consumers will face a lack of choice, which in turn
w i l l d r y u p c o m p e t i t i o n . Fo r i n s t a n c e ,
commercialization of cricket is most prominent in its
shortest version comprising of twenty overs per side
(T20). Had business enterprises been denied an
opportunity to get involved in the cricketing industry,
we might not even have witnessed the birth of such
popular products, resulting in lesser choices for the
consumer. Thus, the question whether business in
sports is defeating the purpose of competition is
misplaced. But then, commercialization of any sport
without proper regulation will certainly defeat the
purpose of competition. An analogy can be drawn
here. In competition law, dominance in itself is not
anti competitive but its abuse is. Similarly, business in
itself in sports is not harmful but unregulated
commercialization is.
As seen in the BCCI- ICL tussle itself, the potential for
huge profits is making the market players greedy and
thus in turn defeating competition. The abuse of its
dominance by BCCI to deny ICL the freedom to
properly conduct a parallel league and the granting of
broadcasting rights for whopping sums of money for
an unacceptable tenure are all examples of this.
The only way out of this menace is the effective
implementation of our competition laws and putting
in place an effective competition authority. The
absence of decisive action in the BCCI- ICL spat points
towards this particular need. It should also be noted
that as a developing country and more importantly as a
developing sporting nation49, India needs to come to
terms with the growing implication of competition
End Notes:
laws in the arena of sports. If the enactment of a new
Lord McNaghten in Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co.
[1894]
535step
at 565.in this direction, its effective
lawLtd,
was
a AC
first
SIMON GARDINER, JOHN O' LEARY, CAVENDISH, MARK JAMES, ROGER WELCH, SPORTS LAW 332 (2001).
[1978] 1 WLR 302.
GARDINER et al., Supra note 2, 338.
European Court reports 1995 Page I-04921, 15 December 1995, available at http://eurlex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61993J0415 (Last Visited on January 5, 2011).
Consolidated Version of the Treaty on European Union and the Treaty Establishing the European Community , December 29,2006, C 321 E/2
available at eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2006 (Last Visited on January 3, 2011).
'Ministry may take India out of BCCI', December 13, 2010 available at http://cricket.yahoo.com/cricket/news/article?id=item%2F2.0%2F%2Fstory%2Fcricket.yahoonews.com%2Fministry-may-take-india-out-bcci-20101213%2F (Last Visited on January 2, 2011).
See, 'The Battle is not over', June 2, 2009 available at http://www.espncricinfo.com/icl2008/content/story/407105.html (Last Visited on January 2,
2011).
Vyoma Jha, Sports and Competition Law in India, A Critical Study with Special Reference to Cricket, July 11, 2008 available at
http://cci.gov.in/index.php?option=com_resrep&task=level&limit=10&limitstart=20 (Last Visited on January 2, 2011).
International Competition Network, Unilateral Conduct Working Group, Report on the Objectives of Unilateral Conduct Laws, Assessment of
Dominance/Substantial Market Power and State Created Monopolies (2007) available at
www.internationalcompetitionnetwork.org/media/library/unilateral_conduct/objectives%20of%20conduct%May%2007.pdf. (Last Visited on
January 3, 2011).
AE RODRIGUEZ, ASHOK MENON, THE LIMITS OF COMPETITION POLICY 77 (2010).
Id.
World Bank and OECD, A Framework for the Design and Implementation of Competition Law and Policy as quoted in Id., 78.
World Trade Organisation, Annual Report of the WTO Secretariat (“Trade and Competition Policy”), 1997.
ICN REPORT, Supra note 10.
Civil Appeal No.7999 of 2010 as quoted in http://cci.gov.in/index.php?option=com_content&task=view&id=120, (Last Visited on January 3,
2011).
See, 'Mission', http://cci.gov.in/index.php?option=com_content&task=view&id=120
GARDINER et al, Supra note 2, 385.
See generally, GARDINER, Supra note 2, 385.
20. Id., 388.
21. See, Article 82 of the Consolidated Version of the Treaty on European Union and the Treaty Establishing the European Community available at
eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2006 (Last Visited on January 3, 2011).
22. ADAM LEWIS AND JONATHAN TAYLOR, SPORTS: LAW AND PRACTICE 340 (2003).
23. RODRIGUEZ, Supra note 11, 86.
24. [1979] ECR 461.
25. DAVID GRIFFITH JONES, LAW AND THE BUSINESS OF SPORTS 41 (Adrian Barr Smith e.d., 1997).
26. § 27- Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.
27. Hughes v Western Australian Cricket Association Inc (1986) 69 ALR 660, Greig v Insole [1978] 1 WLR 302.
28. ABIR ROY, JAYANT KUMAR, COMPETITION LAW IN INDIA 117 (2008).
29. GARDINER, Supra note 401.
30. Id., 421.
32. Id.
33. Id.
34. See, § 3 of Competition Act, 2002.
36. Id.
37. BCCI Yearly Income to Rise 30%, May 31, 2010 available at http://www.financialexpress.com/news/bcci-yearly-income-to-rise-30/627048/0 (Last
Visited on January 4, 2011).
38. Supra note 7.
39. See, http://www.espncricinfo.com/infocus/content/story/infocus.html?subject=31;page=11
40. 'BCCI revokes pensions of players joining ICL', June 23, 2007 available at http://www.espncricinfo.com/india/content/story/299334.html (Last
Visited on January 4, 2011).
41. Supra note 9.
42. Will the ICL survive, June 2, 2009 available at http://www.espncricinfo.com/icl2008/content/story/407101.html (Last Visited on January 3, 2011).
43. ICL serves notice on ICC, Indian and English Boards, November 19, 2009 available at
http://www.espncricinfo.com/india/content/story/435879.html (Last Visited on January 2, 2011).
44. Supra note 3.
45. (1986) 69 ALR 660.
46. 15 June 1988, unreported as quoted in Supra note 25.
47. JHA, Supra note 9.
48. Id.
49. This year itself witnessed India claiming its highest tally in the history of Common Wealth Games and Asian Games.
bruschambers.com
85
WILL INADEQUATE ENVIRONMENTAL LEGISLATION
AND JUDICIAL SLUMBER ALLOW FUTURE UNION
CARBIDES TO GET AWAY WITH MURDER?
Neha Das, Symbiosis Law School, Pune
nd
(This essay was awarded the 2 prize)
“An onerous obligation…….. We owe to posterity………clean air, clean water, greenery and open space. They ought to be
elevated to the status of birth right of every citizen.”
Justice Frankfurter
1. Introduction
Today, there is worldwide consciousness of
environmental protection although it is of a recent
origin. According to the legal definition,
“Environment” includes water, air and land and the
inter relationship that exists among and between
water, air and land, and human beings, other living
creatures, plants, micro-organisms and property.
People have realized that in order to save themselves,
there is a need to protect our environment. There is
development because of industrialization which
ultimately leads to degradation of environment.
Sustainable development is essential to protect the
environment from pollution. In India, the Supreme
Court and the High Courts are upholding the doctrine
of 'Sustainable Development'.
Environmental rights may be constitutionalised
either explicitly by constitutional amendments or
implicitly by interpreting existing constitutional
language to include environmental protection. In
India, courts have interpreted existing constitutional
provisions and included environmental protection
under Article 21 and have intervened by way of writs,
orders and directions in appropriate cases to enforce
the constitutional right of people to a healthy
environment. The Supreme Court is aware of the need
to develop environmental laws. The three quotations
mentioned hereinunder from various judgements of
the Supreme Court of India encapsulate the
environmental problems and activities in India.
“Article 21 protects the right to life as a fundamental
right. Enjoyment of life and its attainment including
the right to live with human dignity encompasses
within its ambit, the protection and preservation of
environment, ecological balance free from pollution
of air and water, sanitation without which life cannot
be enjoyed. Any contra acts or actions would cause
environmental pollution. Environmental, ecological,
air, water pollution etc. should be regarded as
amounting to violations of Article 21.”1
“This litigation should not be treated as the usual
adversarial litigation. Petitioners are acting for and of
a purpose high on the national agenda. Petitioner's
concern for the environment, ecology and the wild life
should be shared by the Government. No oblique
motives are even suggested to the petitioner's
86
motivation in this litigation. It is of utmost importance
that the law sought to be effectuated through these
notifications should be enforced strictly.”2
“If the mere enactment of the laws relating to the
protection of environment was to ensure a clean and
pollution free environment, then India would perhaps
be the least polluted country in the world. But, this is
not so. There are stated to be over 200 Central and State
statutes, which have at least some concern with
environmental protection, either directly or indirectly.
The plethora of such enactments has, unfortunately,
not resulted in preventing environmental degradation
which on the contrary has increased over the years.”3
The very first notable environment case as a PIL in
Supreme Court was Doon Valley case. Doon Valley is
near the foot-hills of Himalayas. On the hills are rock
formations of limestones of very high quality essential
for several Indian industries. A number of limestone
quarries were being worked, that resulted in pollution
in the form of dust and debris which because of the
peculiar wind currents and conditions got trapped in
the Doon Valley and created choking smog in
Dehradun. A group of citizens complained about their
right to life under Article 21. Thus, the Supreme Court
gave orders to close most of the quarries and imposed
stringent conditions on others so as not to pollute the
environment.4
2.Legislations for protecting Environment
The principal environmental statutes that have
evolved till now are:
• The Wildlife Protection Act, 1972 - According to
this Act "wildlife" includes any animal, bees,
butterflies, crustacea, fish and moths; and aquatic
or land vegetation which forms part of any habitat.
Hunting of wild animals is prohibited under this
Act. There are prohibitions on picking, uprooting,
etc. of specific plants. Under this Act, power has
been given to the Central Government to declare
any area as sanctuaries and national parks.
• The Forest Conservation Act, 1980 - This Act
provides for the conservation of forests. If any
project falls within the ambit of forest land then
prior permission is required from relevant forest
officers under this Act.
• The Environmental Protection Act, 1986 - After the
3. Union Carbide Case
Bhopal Gas Leak Tragedy is the most important trigger
for the evolution of environmental jurisprudence in
India. It involved two disasters, one being huge loss of
life and secondly the absence of proper legal
framework for providing relief to the persons who
were affected by the same. The Supreme Court
evolved the doctrine of 'absolute liability' in this
5
particular case. The Bhopal disaster is undoubtedly
the worst incident in industrial history. On 3rd
December, 1984, forty tons of highly toxic methyl
isocyanine which were stored in Union Carbide's
chemical plant escaped into the atmosphere that killed
over 3500 people who lived there. There was
enormous disparity in the actual death toll and the
official estimate. Many people were injured seriously
and permanently. The people who are alive continue
to suffer the after - effects of the poisoning till date.
"There were three tragedies at Bhopal - the gas leak, the
reaction to it by the Indian Government, and the
consequent inability to get relief to the genuine
victims."
In order to deal with the claims arising out of the
disaster, the Indian Parliament enacted the Bhopal Gas
Leak Disaster (Processing of Claims) Act in March,
1985, known as the Bhopal Act. This Act conferred an
exclusive right on the Indian Government to represent
all claimants both within and outside India, and
directed the Government to organize a plan for the
registration and processing of the victim's claims. For
the recovery of compensation to the victims of the
disaster, legal proceedings were initiated by Union of
India against Union Carbide Corporation in the New
York Southern District Court. The compensation was
claimed on the following seven counts: a)
Multinational Enterprise Liability; b) Absolute
Liability; c) Strict Liability; d) Negligence; e) Breach of
Warranty; f) Misrepresentation; and g) Punitive
Damages. The New York Court, however, declined to
try the Bhopal case as it was not the appropriate forum
to seek justice for the gas victims. The Union of India
filed a suit in Bhopal District Court for damages. It was
brought in appeal to the High Court wherein they were
awarded interim damages of ` 250 crores (US$192
million) on the basis of “more than a prima facie case
having been made out” against the defendants. After
that the Bhopal case reached the Indian Supreme
Court. The Supreme Court persuaded the Indian
Government and Carbide to accept its suggestions for
an overall settlement of the claims arising out of the
Bhopal Disaster. As a full and final settlement of all
past, present and future claims arising from the Bhopal
Disaster, Carbide agreed to pay US$470 million to the
Indian Government. In addition to this, the Supreme
Court exercised its extraordinary jurisdiction and
terminated all the civil, criminal and contempt of court
proceedings that had arisen out of Bhopal tragedy and
were pending in subordinate Indian courts. The public
protested against the unjust settlement made by the
Supreme Court. Many writ petitions were filed against
the settlement by the Bhopal group activists. In
response to that, the Supreme Court of India while
upholding the settlement amount, withdrew the
incident of Bhopal tragedy, Environment
(Protection) Act came into existence to identify the
environmental issues. It is an umbrella
legislation. This Act was enacted with the objective
to provide for the protection and improvement of
the environment. Under this Act, the Central
Government is empowered to take necessary
measures to protect the environment.
Industries, etc. are not allowed to emit or discharge
environmental pollutants in excess of the
standards.
• Water (Prevention and Control of Pollution) Act,
1974 - The objective of this Act is to prevent and
control water pollution. It also provides for
maintenance and restoration of water. This Act
prohibits use of stream or well for disposal of
polluting matter, etc.
• Air (Prevention and Control of Pollution) Act, 1981
- The objective of this Act is to preserve the quality
of air and control air pollution. This Act provides
that the person operating industries shall not
discharge the emission of any air pollutant in
excess of standards laid down by State
Government.
Some of the principles which have evolved as a part of
Indian law:
1. Every citizen and non-citizen has a fundamental
right to life under Article 21 which also includes
the right to a wholesome environment.
2. All Governmental agencies specially involved in
developmental activities must have regard to
sustainable development.
3. The 'polluter pays' principle is part of basic Indian
environmental law and the polluter must bear
both the clean up costs and compensation to
victims of pollution.
4. The 'precautionary principle' is now a part of the
Indian environmental law.
5. Stringent action must be taken against
contumacious defaulters who carry on activity for
profit – industrial or developmental, without
regard to environmental laws.
In spite of the legal and statutory framework,
environmental protection laws are not being enforced
properly due to rapid development of industries,
creation of jobs, encouragement of small and medium
scale industries and corruption at all levels for
enforcement of laws.
87
criminal immunity granted to UCC and all other
accused in Bhopal Disaster case. Hence, a criminal
case was filed before CJM, Bhopal and all the accused
were present but the prime accused Warren Anderson
absconded. Extradition order and letter Rogatory was
issued by CJM but neither of them were executed by
the Union of India. The Sessions Court of Bhopal
framed charges against the accused who were the
officials of UCIL under Sections 304 Part-II, 326, 324
and 429 of IPC read with Section 35 of IPC. The
Supreme Court reduced charges against the accused
from Section 304-Part-II of IPC to Section 304-A, i.e.,
from a charge of culpable homicide to a case of
negligence. Subsequently, the trial against the
accused proceeded before the court of the CJM,
Bhopal. Finally, after lingering for 25 years, the court
convicted all the eight accused. They were sentenced
for two years imprisonment under Section 304-A, 336,
337 and 338 read with section 35 of the IPC. A fine of
` 1, 01,750 under different sections was also imposed
on them. The prime accused Warren Anderson was
left secured.
The court's verdict in Bhopal Gas Leak case was
criticized as “too little and too late”. The accused were
supposed to be convicted for 'culpable homicide' but
they were convicted for 'death by negligence'. The
court disregarded the painful sufferings of the people
who were waiting for justice. By the time, the
judgement in this matter was delivered; one of the
accused was already dead. The compensation which
was awarded still hasn't reached the people in need.
This clearly shows the lacunas of our criminal justice
system. It is an apparent example of “Justice Delayed
is Justice Denied”. It was said by Satinath Sarangi, an
activist, "It sets a very sad precedent. The disaster has
been treated like a traffic accident. It is a judicial
disaster, and it is a betrayal [of Indian people] by the
Government”. “Justice must not only be done, but
must be seen to be done.” The punishment given to
the accused in this case is too meagre in proportion to
the death toll that arose out of the ghastly incident. In
this case, then how can we say that justice was done to
the victims and their kin when it cannot be seen to be
done? The souls of the person who died in Bhopal
disaster will not rest in peace till the guilty are
punished. When an actor, Salman Khan, could be
arrested for killing a blackbuck then how can we let go
of the accused that were responsible for killing
thousands of people. It illustrates that we care for the
animals more than the human beings. This verdict
gives us a clear idea that steps should be taken to make
stringent environmental laws.
• Failure on part of the Government to formulate
appropriate policies, programs and plans.
• There is a lack of stringent environmental laws to
address the problem.
• There are many flaws in the law making process.
India stagnantly follows inadequate and obsolete
environmental laws.
• The implementation of environmental laws is very
poor.
The reason behind these loopholes are inadequate
infrastructural facilities, lack of ability to understand
the environmental laws, lack of expertise in
enforcement agencies, lack of co-ordination among
enforcement authorities, jurisdictional conflicts and
not to forget the political and bureaucratic
interference in the activities of enforcement process.
There are certain provisions of environmental
protection laws which should be strictly followed.
According to Rule 5 of the EPA, there are some
restrictions on location of the industries and carrying
on processes and operations in different areas. The
Central Government will consider the following
aspects:
(i) Qualitative environment in the area ;
(ii) Volume of environmental pollutants in the area;
(iii) Quantum of restriction for emission or discharge
of environment pollutant from an industry;
(iv) Topographical picture of the area;
(v) Climatic features of the area;
(vi) Necessity for preservation of biological diversity
of an area;
(vii) Environmentally compatible land use;
(viii) Net adverse environmental impact likely to be
caused by an industry;
(ix) Consideration of proximity under any treaty,
agreement or connection with any other country
in consonance with The Ancient Monuments
and Archaeological Sites and Remains Act, 1958;
(x) Proximity to human habitation; and
(xi) Relevant factors to be considered by the Central
Government for the protection of the
environment in an area.
If such legislation existed prior to 1984, then it would
have acted as deterrent for industries like Union
Carbide. The accused in Bhopal disaster case wouldn't
have been let off so easily with such inadequate
punishment and damages as they have now been let
off. The premises of industries, factories should more
often be accessible to the Government in order to
prevent any kind of accidents therein. The safety
measures taken by the industries to prevent accidents
should be under Government supervision. Heavy
penalty should be imposed on them if found at fault.
4. Present Scenario in India
Environmental pollution is widespread in India and
the following are the areas of concern :
88
environment would have degraded beyond measure
and the resources available to the citizens would have
been much more polluted. But there are certain
limitations in the development of environmental law
by judicial decisions and judicial affirmative action. It
has been alleged that the decisions laid down in these
cases depend too much on personal sensibilities of the
judges who hear them and court's action is not a long
term solution. If necessary steps are not taken by the
legislators and judiciary then environmental pollution
can lead to global warming, rise in water level,
shortage of food supply, etc. It has been quoted by
Justice P. N. Bhagwati, “Right to liberty is meaningless
if this is not supplemented or accompanied by right to
enjoy the supporting system to life i.e. clean water,
clean environment including oxygen requirement.”
Along with the other fundamental rights, citizen's
environmental rights should also be guaranteed.
5. Judicial Activism
Mr. M. C. Mehta, an environmental lawyer has played
a great role in the development of environmental law.
He was awarded the Magsasay award for his great
contribution in developing environmental law and
protecting the Indian environment. There are certain
cases relating to environmental pollution in India and
how they were dealt with by the judiciary.
In a case, it was complained by the citizens of Vellore
that there were enormous discharges of untreated
effluents by leather tanneries and other industries in
the state of Tamil Nadu. The untreated effluents
polluted the agricultural fields, roadways, waterways,
etc. The court directed the Government to implement
'precautionary principle' and 'polluter pays'
principle.6 'Precautionary Principle' means the State
Government and the statutory authorities must
anticipate, prevent and attack the causes of
environmental degradation. 'Polluter Pays Principle' is
widely accepted as a means of paying for the cost of
pollution and control. The Supreme Court held that as
per the Polluter Pays principle “… once the activity
carried on is hazardous or inherently dangerous, the
person carrying on such activity is liable to make good
the loss caused to any other person by his activity
irrespective of the fact whether he took reasonable
care while carrying on his activity. The rule is
premised on the very nature of the activity carried on.”
One of the notable cases where Supreme Court has
passed orders to protect the environment is Taj
Trapezium Case. The Supreme Court gave directions
to clean up pollution in the Taj Trapezium which was
adversely affecting the Taj Mahal.7 The Polluter Pays
principle was applied here to protect the Taj from
pollution.
In the Oleum Gas Leak case, the petitioner had alleged
the infringement of right to life of several thousand
people due to severe pollution and hazardous activity
of Shriram Food and Fertiliser. The Supreme Court
directed the company to take all necessary safety
measures before re-opening the plant. This case
provided number of suggestions to the Central
Government for controlling environmental pollution.
In Municipal Council, Ratlam it has been clearly
recognized that judiciary is competent enough to deal
with the environmental issues. The judicial process
can harmonize with the legislative process. It can be
achieved firstly, by compensating victims for
environmental damage and secondly, a lawsuit for
environmental damage can set a precedent that
provides an incentive to the companies to reduce their
risk. Environmental damage can be brought under
both civil and criminal legislation. Further, it can be
also said that environmental damage that has been
caused cannot be reimbursed in any manner. No
doubt without the intervention of the court, the Indian
6. Conclusion
Although, the environmental laws are not enforced
properly they are not disregarded completely. These
days, the environmental activists do not permit to
build anything at the cost of the environment. Strict
actions are taken against them if they don't adhere to
the environmental policies. This statement can be
corroborated by stating certain recent examples.
Lavasa, India's first planned hill city, has been accused
of violating green norms. It has not complied with the
Environmental Impact Assessment, so construction of
that place has been stopped till the matter is solved.
Another example, Posco, the world's third largest
steelmaker had to stop its work temporarily because it
did not get environmental clearance.
It is agreed that the judgement of Bhopal disaster has
left an irreparable scar on the victims and their
relatives but judiciary alone cannot be blamed for it.
Due to political interference, it has taken a dreadful
appearance. Just from one instance, it cannot be
concluded that judiciary is incompetent to deal with
the environmental issues. It should also be seen that
judiciary has done incredible work in developing
environmental laws in India.
Certain steps should be taken to reduce the
environmental pollution. The companies should be
imposed with “environmental liability” so that they
are bound to pay for their activities which damage the
environment. There should be laws to compel them to
pay compensation for their activities. A step should be
taken towards legislative system to obligate the
companies to take account of environmental debt
along with their financial debt. There should be a
national legislation on environmental liability of the
companies which would encourage them to produce
less pollution. As a result, they would be more
cautious while executing their activities which
89
damage the environment. The guidelines given by the
Supreme Court in the eminent cases should be strictly
followed. Administrative bodies should be created for
each Act so that the environmental laws are
implemented properly.
As there is a growing concern for environmental
protection, judiciary is taking efforts in its own ways
to protect it. It can be said that even though there are
inadequate environmental legislations and lacunae in
our judicial system, the future Union Carbides will not
be able to get away so easily. No matter how long it
takes, but justice will be done.
End Notes:
1.
2.
3.
4.
5.
6.
7.
Virendra Gaur v. State of Haryana (1995) 2 SCC 577
Tarun Bharat Sangh v. Union of India (1992) 2 SCC 448
Indian Council of Enviro Legal Action v. Union of India (1996) 5 SCC 281
Rural Litigation and Entitlement Kendra v. State of U.P (1985) 2 SCC 431
M.C. Mehta v. Union of India, (1987) 1 SCC 395
Vellore Citizen Welfare Forum v. Union of India (1996) 5 SCC 647
M.C.Mehta v. Union of India (1997) 2 SCC 353
References:
1.
2.
3.
4.
5.
The Bar Council of India 18th All India Continuing Legal Education Workshop for Young Lawyers on Environmental Law and Litigation.
st
Chiranjeev Avinash, Environmental laws and Protection, 2008 , 1 Edn.
Chatterjee Beni Madhab, Environmental Laws, Implementation, Problems and Perspective, 2002, 1st Edn.
Baig M.A.A, Environmental Law and Justice, 1996, 1st Edn.
st
Chandra Ramesh and Aneja Ritu, Corporate Governance for Sustainable Environment, 2004, 1 Edn.
ＡＭＲＵＴ　Ｍ．ＶＥＲＮＥＫＡＲ
Ｂ．Ａ．，　ＬＬ．Ｍ
ＡＤＶＯＣＡＴＥ　ＨＩＧＨＣＯＵＲＴ
Ｗ－ＩＶ，　４ｔｈ　Ｆｌｏｏｒ，　Ｊｅｅｖａｎ　Ｊｙｏｔ，　１８／２０，　Ｃａｗａｓｊｉ　Ｐａｔｅｌ　Ｓｔｒｅｅｔ，　Ｆｏｒｔ，　Ｍｕｍｂａｉ　－　４００００１．
Ｅ－ｍａｉｌ　：　ａｍｖｅｒｎｅｋａｒ＠ｍｔｎｌ．ｎｅｔ．ｉｎ •　ａｍｖｅｒｎｅｋａｒ＠ｒｅｄｉｆｆｍａｉｌ．ｃｏｍ
Ｔｅｌ．　（Ｃｈａｍｂｅｒ）　：　９１－２２－２２０２６４６８，　９１－２２－２２０２６４６９
Ｆａｘ　：　９１－２２－２２０２６４６７ • Ｍｏｂｉｌｅ　：　９８２００８５０９７
90
COURTROOM
HUM UR
Mr. Janak Dwarkadas
Senior Advocate
A young law graduate who had joined the legal profession was sent by her senior to apply
for an adjournment in a matter where her senior was busy in another court. Having no previous
experience of the court to whom she was to make this application, she was blissfully unaware
that the senior of the two judges who constituted the Division Bench was one of the most feared
judges, particularly by the junior members of the Bar. When the matter was called out, we who were present in the
court were shocked when she stood up and inquired of the court – “What is the time?” The judge who was as
perplexed as all those who heard her query, asked her to repeat her request, which she very obligingly did. The judge,
who could not believe what he had heard asked her what she meant by the request. She very innocently replied,
“My senior told me that when the matter reaches, just ask the judge for time”. Even the most feared judge could not
suppress a hearty laugh just as the rest of us.”
Mr. Darshan R. Mehta
Partner,
Dhruve Liladhar & Co.
I was the Instructing Attorney to Sr. Counsel Mr. Pravin Samdani in a case where our
clients were from Singapore and anxious for an early hearing. However, time and again the
matter could not be heard at earlier occasions for some reason or the other. So on this
particular day, when the matter was on board before Hon'ble Mr. Justice S. J. Vazifdar, upon my
client's insistence, despite suffering from laryngitis, due to which my voice was reduced to a
barely audible whisper, I instructed Mr. Samdani to proceed with the matter. When the matter was about to reach,
and I was just entering the courtroom, I received a request from Mr. Janak Dwarkadas, our opposing Sr. Counsel,
asking us to consent for an adjournment as he was occupied in some other urgent matter. I apologized to Mr.
Dwarkadas and informed him in my hoarse whisper of a voice that I cannot consent as I had instructions from my
client to proceed. When the matter reached for hearing, to my surprise, Mr. Dwarkadas rose and while addressing the
Judge said, “My Lord, as the opposing Instructing Attorney to my learned friend has lost his voice, it would not be
proper for me to proceed with the matter!” As the same was true, I could not even oppose and to everyone's
amusement, the Judge, who himself split into laughter, gave a much sought after adjournment to the other side!”
Mr. Arif Bookwala
Senior Advocate
I was appearing for the plaintiff in a Notice of Motion for the appointment of Court
Receiver, in a suit between two brothers. My junior in the matter was Advocate Vatsal Shah. My
opponent was Mr. K. R. Dhanuka (since deceased). The matter was being heard in Court Room
no. 6, ground floor, Bombay High Court. The presiding Judge was Justice Chandrashekhar Das
(now retired). After the matter was heard for sometime Mr. Dhanuka's client, the defendant,
entered the witness box, tore his kurta and screamed and shouted at the judge to decide the matter in his favour,
showing the scar left on his chest after his bypass surgery. There was complete silence in the court with Justice
Chandrashekhar Das requesting the defendant to maintain decorum of a court and to step out of the witness box as
he was being represented by his lawyer. Since the defendant persisted, the learned judge loudly announced that the
matter was being adjourned for a period of four weeks. When the defendant had already left and we were leaving the
court room, the learned judge called us and said, “Mr. Dhanuka your matter is tomorrow and we shall conclude the
arguments so please remain present but for God's sake don't tell your client about this.”
91
CRAWFORD BAYLEY
& COMPANY
Advocates & Solicitors
State Bank of India Building, N.G.N. Vaidya Marg,
Mumbai - 400 023, India. Telphone: +91 22 2266 3713
BELLES-LETTRES
J. E. Dastur Memorial Government Law College
Short Fiction Essay Writing Competition
2010-11
The Magazine Committee had chosen creativity as its mascot as it first heralded BellesLettres, J. E. Dastur Memorial Government Law College Short Fiction Essay Writing
Competition. And with every passing year we have been devoted to our muse, creativity,
with increased vigour. The specialty of this competition is that it aims at providing a
platform for students from all faculties, both legal and non-legal, to let their creative juices
flow. Short fiction is a genre which lets one's imagination run unbridled and for once, we
students, are not bound by rules and laws while penning down our thoughts.
This year the competition was made more interesting and challenging. To ensure originality
of idea and to provide as wide a canvas as possible, participants were given three topics
instead of the usual one. They were as follows :
Incorporate The Following Sentence Anywhere In Your Story :
“After all, what is an assumption if you cannot assume it to be true?"
Build Your Story Around The Following Situation And Characters Having
Distinct Personalities:
The Godfather (Don Vito Corleone), Mr. Bean (Rowan Atkinson) and Birbal(One of Akbar's
Navratnas) find themselves at an archaeological site...
Incorporate The Following Objects Into Your Story, Giving Each An Equal Place Of
Importance In The Story:
A journal, A cupboard without a key and A talking parrot.
The entries were judged by Mr. Sidin Vadukut, a renowned writer, columnist and blogger. He
shot to fame with his debut novel “Dork : The Incredible Adventures of Robin 'Einstein'
Varghese”- the first part of a trilogy that takes a satirical dig at the management consulting
industry. An engineer from National Institute of Technology, Tiruchirappalli, Mr. Vadukut
did his MBA from IIM Ahmedabad. He has written for many newspapers and magazines like
The Economic Times, Times of India, Business Line (The Hindu), etc. and is currently the
Managing Editor of Livemint.com.
We would like to thank Senior Advocate Mr. Soli Dastur, an alumnus of this college and an
authority on taxation law, for supporting this endevour of ours. He has dedicated this
competition to the late Mr. Jal E. Dastur. Mr. J. E. Dastur was likewise an alumnus of
Government Law College and was a practicing Chartered Accountant. Above all, he was a
man who loved literature and was a master of the linguistic art.
Over 150 colleges from all over India were invited to participate. We received a record
number of entries this year, which far exceeded our expectations.
The winners of this year's competition are:
1. Febin Mathew Thattil, Fr. Conceicao Rodrigues College of Engineering, Mumbai
First prize: ` 8,000
2. Sunny S. Punamiya, Government Law College, Mumbai
Second prize: ` 6,000
3. Sriram P Govind, Symbiosis Law School, Pune
Third prize: ` 4,000
We thank all those who participated and would like to commend their efforts.
The following are the stories of the winner and runner-up…
93
HISTORY IS A DEAD SUBJECT
Febin Mathew Thattil, Fr. Conceicao Rodrigues College of Engineering, Mumbai.
st
[ This story was awarded the 1 prize ]
“Quick, alert the curator. I can't feel a pulse.”
The woman in the aviator suit screamed, while the
man to her left merely mumbled inaudibly, his grey
tweed jacket rustling as he moved closer to see what
was happening. The man in the traditional Mughal
costume was on one knee, bent down, his hand
checking the wrist of the prostrate form. Blood pooled
dark and thick on the stone floor, flowing from the exit
wound, staining the impeccable three-piece suit the
fallen man was wearing. His spectacles, gold-framed,
had skittered away, held to his pocket by a long golden
chain. In the distance, footsteps echoed all around the
large stone room that they were in, as the other visitors
rushed to the source of the yelling, their torch-lights
illuminating the gruesome Mayan gargoyles that stuck
out at regular intervals on the tapering walls. To the
kneeling man, they seemed like vultures awaiting
death.
“What's going on?” The portly man leading the group
yelled at them, nearly out of breath from his exertion,
his Italian accent all too evident. The Mughal man
indicated the body next to him.
“It's Roosevelt. He's…it appears someone's shot him.”
“Detectives, I don't know what to say, I can't explain…
This has never happened before.”
The curator was wringing his hands, sweat collecting
in beads on his forehead despite the air-conditioned
room in which they sat. Detective Morgan looked at his
partner, who shrugged and continued to eat peanuts
from a small packet. Morgan turned his attention back
to the curator.
“Fine, why don't you start with explaining what it is
that you do here?”
94
The curator breathed deeply, as if drawing courage
from the air itself, and began to explain.
“Okay. We… our organization is called ReLive. We cater
to a niche group of people interested in history and
culture…”
The other detective interrupted, “By niche, you mean
bloody rich, I suppose.”
The curator jumped at the interruption, his eyes like
those of a deer caught in the headlights. Morgan
looked sharply at his partner.
“Langtry, let the man speak.” Morgan faced the curator
again. “I'm sorry, Mr. Patel, my partner's …a little on
edge. Please continue.”
Mr. Patel sighed, before he replied.
“I suppose you are right, Detective. Our clientele
usually only includes people who can afford this sort
of …revolutionary treatment of history. Let us face it;
the way it is taught by the teach-bots these days is just
mechanical, if not appalling. History is a dead subject.
ReLive gives you the chance to literally relive your
favourite characters out of history, whether factual or
fictional.”
“Spare me your company spiel, Mr. Patel. Just tell us
how this works.”
Somewhat mollified, the curator spoke in a lower
tone, but he had entered a topic of speech with which
he was far more comfortable.
“Well, it's quite simple really. We use advanced
holographic technology to create an avatar, if you will,
which is essentially an appearance of the person you
wish to be. We have a dedicated team of researchers to
dig up accurate and relevant information about
clothing, character traits, flaws and foibles, interesting
tidbits for every character in our archives. The
programmers use this collated information to create a
character matrix which can then be assumed by the
customer, for his use while perusing a world of his
choice. The avatar is almost a perfect recreation of the
original person as far as is known. It's an enlightening
experience really, walking around as the person you
want to learn about. Their thoughts, their ambitions,
their dreams, their neuroses all become a part of you.
We believe that you learn more by doing and being
rather than reading. History comes alive in our Reality
Rooms, Detectives.”
“And sometimes people turn up dead, is it?” Langtry's
tone was cutting.
This dig was the last straw for the curator, and Patel
nearly broke down. Through sniffling and sobbing, he
spoke, his voice thick with emotion.
“You…you can't understand what we've done here. Or
what we've achieved…This is a disaster for our
company entirely. We've a carefully designed
probability machine to assign random characters to
participate in any particular re-enactment. But…our
central character assignment module…it always checks
for possible conflict. It'd be just impossible to put
Abraham Lincoln and John Wilkes Booth in the same
room…it's…it's not fair… this shouldn't have happened.”
“Mr. Patel, please pull yourself together. Understand
that we're here to help you.” Morgan had made his
voice as comforting as possible, “We don't blame you,
we just want to find the murderer. You don't think this
could be the work of one of your customers,
independent of your character matrix thing?”
“Impossible, really. The customer is not much more
than a passenger. He can control simple actions like
walking and sitting, but the larger, consequential
decisions will always be taken as the character plays
out. The character is essentially in control now.”
“What are they doing?” The large man, dressed in a
shiny black tuxedo, was cradling a cat in the crook of
his arm, and he spoke haltingly, slowly, as if he had
cotton balls in his mouth. “Shouldn't they… stop this…
simulation now?”
“Vito, with all due respect, zere is nothing we can do
about it.” The German man with the frizzy hair spoke
with a pronounced accent, but his German was
translated into English by the Babel linguistics
program running in the hologram. “I can only
postulate zat turning ze simulation off now, wizout ze
proper protocol, we would risk having zese historical
personalities forever imprinted on our psyche.”
“Shut it, Einstein. This is not as easy as general
relativity.” The tall American woman in aviator's
clothes barked at the German, who looked back at her
with knitted eyebrows. “Birbal, Florence, what can
you tell me?”
Birbal was crouched next to the body, marveling as he
looked at Florence Nightingale dressing the wound,
tearing and using pieces of her own flannel dress as
bandage. But it was already too late to stem blood flow
and the nurse was only going through the motions.
Birbal had seen his eyes. Cold as a mackerel. She was
too engrossed in what she was doing, so Birbal replied
for her, the Babel program similarly translating his
Sanskrit.
“The pellet went straight through, Madam Earhart. It
would seem to withstand common sense how one
small piece could do so much harm. But if we allow for
that, we must also allow that it is one of us who has
brought about Rooseveltji's end.” Birbal looked
around at the group, as the realization that one of
BELLES-LETTRES
“And this is why you can't shut off the simulation?”
Morgan said, as he gestured towards the banks of
security cameras and control panels, the central
screen of which showed a dark stone room, and
illuminated only through torch-light, six men and
women gathered around a dead body.
95
them was a murderer dawned on them.
cannot leave of their own accord?”
The silent one, the one called Mr. Bean, mumbled
something that sounded vaguely like, “Pltwtplt?” The
Babel program failed to translate it, but Amelia
managed to catch the gist of it.
“Not a chance. The simulation will not allow it. Besides,
we've kept all our security trained on the active room
now. The simulation is a standard six-hour long
construction, of which, four have elapsed. In two
hours, we can go in and get our man. It goes without
saying that we wish that our other valuable customers
are unharmed.”
“Not pellet. He means bullet, honey. It's the crude
predecessor of the phaser gun. And the good
assumption is that one of us has such an old-fashioned
gun on us.” Amelia looked at the six of them still alive
and wondered which of them it was. Her eyes
eventually rested on the portly one in the tuxedo. She
knew a little something about the nature of his line of
work, having been an avid enthusiast of the 2-D movies
they had had until the latter half of the 21st century,
when they'd eventually been replaced by holo-movies.
His Italian accent, the way he carried himself, the suit,
she knew he had to be the Capo di Tutti. The one they
called the Godfather.
“I am sorry, Detectives. I truly am. But yes, that is why
we cannot shut off the simulation. It's a locked in
procedure. In any case, our probes ascertain that
Roosevelt is definitely dead. The shot was clean
through the heart. We lost vitals in less than 30
seconds. Since we were sure that he was dead,
aborting the simulation would have been to no avail,
and there is the possible side-effect of personality
retention, which we could not afford. So we hired you.”
“Right after the incident happened an hour ago?”
“Approximately, yes. Their particular adventure
involves exploring the ruins of Chichen Itza, the 15th
century Mayan pyramid. After the Venezuela
detonation in 2064, radioactive fallout made it
impossible to travel to most of South America, let
alone Chichen Itza. But through ReLive, you can travel
through accurate recreations of the interior of the
pyramid. Again, you will see how our services help
people learn more about the culture of our planet.”
“Indeed, Mr. Patel. But as you have already told me, that
is also the reason that your security cameras couldn't
see who fired. Too dark inside a Mayan temple, I take
it.”
“Naturally, Detective. We wish as realistic an
experience as is possible for our customers, and
Chichen Itza does not have electrical lighting inside it.
We use only one central fish-eye lens to record
everything, and in the current scenario, it only picked
up the muzzle flash.”
“Very well, Mr. Patel. And you're sure the people inside
96
Langtry exploded, as his rage bubbled to the fore, “And
you expect us to do your dirty work for you then, don't
you, Patel? Some rich kooks want to play at history
lessons, but now that one of them's gone and offed
another nut, you want us to clean your mess, is that
it?”
Morgan tried to intervene, his voice as calm as he could
hold it.
“Langtry, relax. He doesn't mean for us…”
“Shut the hell up, Morgan. I'm on edge, am I? Why the
hell not? There's a murderer in that room, and just
because we can't afford to have the brats sue us, we're
supposed to just sit here and wait and watch as he kills
the rest of them too?”
Langtry was breathing hard, his face flushed and red, as
Morgan practically forced him back into his chair. The
curator seemed visibly shaken; the truth of the awful
possibility that another murder could take place was
taking hideous shape in his head.
Morgan turned towards the curator and spoke with as
even a voice as he could muster, “He's right, you know.
What if he decides to strike again? There will be no way
to prevent him. You sure there's nothing else we can do
to stop him?”
The curator thought long and hard, as Morgan stared
at him. Finally, with a nervous tremor in his voice, he
replied.
“Theoretically, yes…there is a way. We cannot end the
simulation. And no one can exit it. But I suppose it is
possible to introduce someone new. Yes, the more I
think about it, the more I believe that it can be done. If
you gentlemen don't mind, I think I have just the way
for you to do it.” The curator smiled for the first time
since the whole mess had begun.
Morgan looked at the curator, his face grim, and he
nodded.
The tension in the temple was palpable, as Earhart
revealed her suspicions. Birbal, who knew nothing of
the Godfather trilogy, looked in both fear and respect
at the Capo. Einstein seemed genuinely shocked at the
revelation, while Mr. Bean had taken to whining at the
periphery, clutching his teddy bear for comfort, talking
to the tattered, ragged doll. His behavior worried
Florence, but not as much as the possibility that
Corleone had killed Roosevelt.
“Come on, Vito. We know who you are. That makes you
the only one here who could have a gun.” Amelia
Earhart was firm, her voice not betraying the fear she
felt.
“Donna Earhart…it seems you are not…as familiar with
me…as you would have the others believe.” The
Godfather's voice was halting, but his tone was steady
as rock. “If you knew…my methods…you would know
…that I do not wish to kill…when killing is unnecessary.
What good would I gain…by killing good Theodoro?”
“I don't know, but the evidence sure seems to point to
you.”
“Please, please”, the German positioned himself in
between the Don and the aviator. “We need to zink zis
zru.”
“What? Einsteinji, please be clear.” Birbal was having
difficulty understanding Albert's speech.
Birbal looked at Amelia who looked at Einsten who
looked at Florence. They all nodded back at Don
Corleone.
Vito smiled as he reached inside his tux, his fingers
closing around the butt of his Colt .45. Slowly, just like
he had promised, he began to draw the gun. From
where he stood, Albert could just see the silver and
wooden handle. Then things happened quickly.
A stone slab in the southern wall slid aside, and light
poured into the dark chamber, silhouetting two
people. Everyone inside the room looked towards the
doorway which had appeared, and the people framed
in it. One of them wore a deerstalker hat, and had
what looked like a pipe dangling from his mouth. The
other limped in behind the first, balancing his warinjured leg on a cane, his gun drawn in his other hand.
Langtry took one look at himself and at Morgan and
sighed, “Oh, how typical! Why do I have to be Watson?”
Two shots rang out in quick succession.
“Cnwjstskfrhsgn? Heshudgvittous.”
Then he fell and didn't rise.
“Bean's right. If you're so innocent, give us your gun.”
Amelia seemed to be the only one who understood the
man's indistinguishable rambling.
Bean made a curious noise that was half relief and half
surprise. He smiled wide, until he saw Amelia lying on
the ground, bleeding as well. He bowed down, trying
to shake her up but she wouldn't respond. His smile
was wiped off its face, as he saw Earhart breathing her
last. His chin began to quiver, a grotesque parody of a
sad face as he heard Amelia speak.
“He means we need to think this through. I think he's
right.” Florence spoke up, her thin voice fluttering, “I'm
Italian by birth, and I have an inkling of how the Mafia
operates. I believe Don Corleone.”
“Like the number of crows in my hometown, it is
difficult to ascertain for sure whether Huzoor Corleone
is the murderer. But, if he has this ‘gun', it cannot be a
good thing.” Birbal paused to think.
The large man moved quickly, towards Bean, who
scrambled to hide behind Amelia, peeking over
shoulder.
“Fear not, Bean…I do not wish…to hurt you. But…this
gun I cannot part with.” The Godfather's face
scrunched up, into a contorted grin, as he scratched the
underside of his chin. Eventually, he spoke, his gravelly
voice nearing a whisper.
“I'm gonna make you an offer you can't refuse.”
Birbal was quick to answer him. “What kind of offer?”
“I'm going to…very slowly…take out my gun…so you
can count the bullets in it. If I shot Roosevelt…one
bullet will be missing, no? Fair enough?”
“So this is the mysterious end of Amelia Earhart, eh?”
She paused, her speech wracked with coughing and
wheezing, “Killed in Chichen Itza, with only a
President and a criminal for company. So be it.”
When it was clear that Bean couldn't do any more for
her, he rose. Looking around, he saw Florence, shocked
and rooted to the spot. Einstein seemed aggrieved. In
the distance, he could hear the approaching footsteps
of the newcomers, yelling for everyone to stay down.
BELLES-LETTRES
Mr. Bean mumbled some more.
Amelia crumpled to the floor, leaving Mr. Bean
standing, attempting to hide behind non-existent
cover, his bear the only thing between him and
Corleone. When he realized that nothing else was
about to happen, he peeked out over the head of the
bear, his face a contorted grimace. He saw the Don
standing, his gun pointed directly at him. But the Don
was looking downwards, at his white shirt, where
right next to the rose on his lapel, a blossom of red had
appeared, wet and sticky. Time seemed to have slowed
down, as the don looked up at Bean, smiled and said,
“Life is so beautiful.”
97
Only Birbal seemed calm. He looked at the three bodies
that now lay on the stone floor and said, “I can only
imagine that the killer is still among us. We shall soon
see.”
He walked over to where Corleone lay, and picked up
the gun that had fallen out of his hand.
“So this is the weapon you speak of. Perhaps it is best if
I keep it.”
Florence took one look at Birbal, calmly holding
Corleone's gun, and a terrible thought formed in her
mind.
“It's you, isn't it? Only you could be smart enough to
pull this off.” Birbal smiled at her, trying to reassure her,
but Florence did not wait for his reply. She yelled at the
others, “Run! Birbal's the murderer. Albert, Bean, run!”
The three of them started to run, towards the light,
towards the two shadowy figures who seemed to be
rushing towards them as well. Birbal could only
manage a “Wait! Stop!” which went completely
unheeded.
hand, and he had to make an effort not to drop it. He
thrust it into Bean's hand. The man smiled wide at him
and hugged the bear tight, as Morgan thought about
what Mr. Patel had told him about the character
matrix. '…character traits, flaws and foibles, interesting
tidbits for every character in our archives… Their
thoughts, their ambitions, their dreams, their neuroses
all become a part of you…' And then the penny
dropped.
“Langtry, no! It's not Birbal. Bean's the killer. Shoot
Bean.”
Langtry had worked with Morgan often enough to
trust him, and he swiveled where he stood and
emptied his barrel into Mr. Bean's chest. Bean smiled
his tawdry affected smile, as his tweed jacket stained
red, and he collapsed backwards. His bear fell from his
hand again, a dull clank emanating from it as it hit the
hard floor. Morgan rushed to the fallen man, and he
could just hear him speak.
“Feign disorder and crush the enemy …Sun Tzu was
right…” Bean enunciated perfectly.
“Why, Bean, why?” Morgan seemed to be pleading.
Two shots had rung out the minute Morgan and
Langtry had entered the room, and they could see from
where they stood, the lady in the aviator suit fall.
Seconds later, the man in the tuxedo followed suit.
Morgan and Langtry exchanged worried glances and
ran towards the centre of the room.
“Teddy's revenge…Teddy's the only one who tells me
things, you know…I couldn't let him go unavenged. Did
you know how teddy bears got their name? Because
Teddy Roosevelt killed them.” And then he was gone.
“Stay down! Everybody stay down! We're here to help!”
Morgan was yelling at the top of his voice. Langtry
could see the scared looks on their faces, and he could
also see the source of their consternation. The man in
the flowing robes had bent down near the Don, and
had picked something up. He could hear the nurse
yelling, and then they began to run towards them.
Halfway they collided, Bean crashing into Morgan,
Einstein nearly tripping over Langtry's cane. Bean's
bear skittered out of his hand, and Bean came to a stop,
mid-run, saying, “Teddy!”
Morgan yelled at the man. “Mr. Bean, please back away!
This is for your safety.” But Bean would not budge.
Realizing that Bean would not leave without the bear,
Morgan leapt to retrieve it. Einstein just kept running
past Langtry, but Florence stopped near him. Florence's
breath came quickly, as she told him, “It's Birbal. He's…
He's the murderer.” Langtry saw the Mughal man
waving a gun in the center of the room. Assuming the
worst, he drew a bead on the man. As Langtry cocked
his gun, Morgan picked up the bear. It felt heavy in his
98
Langtry had witnessed the exchange, but understood
nothing.
“Morgan, what the hell was he talking about?”
Morgan was silent for a while, pondering over what he
had heard.
“He's right, you know. In a twisted sort of way. In a bear
hunting trip in November 1902, Teddy Roosevelt
ordered the mercy killing of a bear. The name stuck.”
As he spoke, he picked up the bear. Through the ragged
threads, he could just see the Beretta hidden inside it.
The strange journey of a Mafia, a Scholar & an Innocent…
Sunny Punamiya, Government Law College, Mumbai.
[ This story was awarded the 2nd prize ]
From a small village of Corleone, in Sicily, Vito saved
himself from being murdered by Don Fannucci. Vito, at
the age of six, was made to hide in a horse cart by his
relatives and sent on a ferry to the city where nothing
was impossible, New York. Vito's elder brother, Stelo,
had the courage to take on the might of Don Fannucci
for his illegal business ways and merciless treatment
towards his fellow villagers. Stelo continued to do so, in
spite of the repeated cries from their mother, who had
lost her husband in World War I. Stelo, was eventually
murdered as no single man had the strength to defeat
the Don. Stelo's family had no choice other than to
helplessly watch as another member of their family
was lost.
What possible harm could a six year old child, (even
though he had witnessed the murder of his brother) do
to the authoritarian and powerful 'rule' of Don
Fannucci? But strange were the ways of Sicily and
stranger were the men. To avoid any possible chance of
revenge by Vito in the years to come, Don Fannucci had
pledged to kill him. Vito, a keen observer since
childhood, accompanied his mother to Don Fannucci to
plead for forgiveness, so that he would let the innocent
Vito go.
But Don Fannucci was a man of his words. “Please spare
him and I'll be your slave until my last living breath,”
were the last words uttered by Vito's mother before
she was shot right through her chest.
Surprisingly enough, Vito disappeared into the bushes
only to reappear the next morning in a horse cart and
traveled to the port in front of the very guards of Don
Fannucci who had witnessed the unfortunate killing of
his mother.
Vito, sitting against the support of a stranger's bulky
bag in a small ferry packed with immigrants, stared at
the Statue of Liberty, expressionless…
Birbal confidently walked through the enormous
lobby of The University of New York. Not ever did he
imagine, 25 years ago, that he would be a visiting
faculty in the same University where he once imbibed
the subtleties and complexities of Criminal Law. A
larger than life framed portrait of Mr. Birbal displaying
his Gold Medal in the field of Criminal Law, hanging in
the Students' Council Room, still brought back some
fond memories of his times in one of the most
prestigious universities in the United States of
America.
“Good Afternoon, how are you Mr. Birbal?” asked one
of his students to which he gave a quick reply, “It is
better to spend more time thinking about a case than
merely reading the brief.” Birbal always gave a word of
advice whenever any of his students addressed him
with pleasantries. Fellow professors grew jealous of
not only of his wisdom, intelligence and razor sharp
mind but his high profile clientele along with his
successful Criminal practice due to which he was
unable to commit to the University as a full time
professor.
He entered the class of hundred and fifty curious final
year Criminal law students by announcing more to
himself than to them, “Always prepare a case as best
as you can.” Today he was giving a lecture on 'Lessons
in the School Of Advocacy'.
BELLES-LETTRES
“Never complain about the inadequacy of the time set
by the Judges for your argument. By doing so one
exposes his or her incompetence of not being able to
present the case in a capsule and a precise form,”
chuckled Birbal. Adjusting his thick black glasses he
said, “Attorneys in Federal Courts in United States are
given fifteen minutes to complete an argument in a
regular appeal,” factually putting across his point, not
once looking down. The lecture went on for over an
hour and finally he concluded by saying, looking
straight at the packed classroom, “A great attorney
once said, it is an illusion to think that great cases are
won or lost because of their inherent strength or
weakness. Advocacy plays a vital role, simply because
the Judge is also human, like the advocate-the only
difference is that he or she is trained to control
emotions better”.
99
Over the years, young Vito, grew into a powerful man,
from the import & export of olive oil, living in a large
fortress guarded by a thousand men who at one
command of The Godfather, as he was respectfully
called by members of the public, were ready to do
anything, even the impossible. He was what some
Italians called, a parallel Government having its own
machinery, rules & regulations and its own code of
ethics and morals.
“A lawyer with a briefcase can steal more money than a
hundred men with guns,” retorted Don Vito Corleone
to his son's ‘absurd' idea of joining the Construction
Industry. Vincente Corleone never wanted to be a part
of his father's 'illegal' empire. “I have spent my whole
life trying not to be careless. Women and children can
afford to be careless but not men,” taunted The
Godfather looking at Salvatore Corleone after his
younger son stormed out of the dim-lit mahogany
office…
Meanwhile at the International Criminal Court, Birbal
looked straight into the ruthless eyes of the man who
had bombed a bus carrying thirty-five innocent people,
many of whom were office goers, right outside the U.S.
Capitol Building. Nobody survived.
The trial of Scevola Nunzo at the International Criminal
Court had been a much publicized affair. Mr. Birbal was
aggressive in his arguments making sure each and
every piece of evidence was collected and produced
before the Court. He left no stone unturned to
prosecute a man known for crimes against humanity.
During the closing arguments, Mr. Birbal, in a calm and
collected tone, had merely one question to ask, “If your
100
daughter was alone at home, awaiting your return,
whom would you rather have posted outside your
secure house? Mr. Scevola Nunzo or the Chief
Inspector of the New York Police Department?”
Without making any further contentions he
confidently took his seat.
The Court found Mr. Scevola Nunzo guilty of all the
nine counts including crimes against humanity. There
was a strange silence at Godfather's fortress, one
which usually indicated the coming of a deadly storm.
Godfather didn't take the news of Scevola Nunzo well,
particularly because he was one of the trusted
'soldiers' of the Corleone Clan and millions of dollars
were poured to bail him out. “Find out who the Lawyer
was in the case,” said Godfather in an uneasy tone to
his Counselor Paul S. Nora. Never had Godfather faced
defeat in such a fool-proof plan.
On a hot sunny afternoon, there was a special
customer visiting Café Moulin. Mr. Bean ordered a
latte with extra whipped cream, his favourite. He
always ordered the same beverage whenever he
visited Café Moulin and scooped only the whipped
cream leaving the coffee untouched! Next he would
use the little whipped cream that he didn't gulp to
pretend as if poison was gushing out of the sides of his
mouth and would scare not only the customers but
also the serving staff. There were instances where
ambulances on emergency helpline were called for
him and he would run away behind a pillar and stare
at the commotion and chaos in amazement!
Vincent Corleone, the younger son of the Godfather,
made Mr. Bean wait for around fifteen minutes at
Del Italia. Vincent was well acquainted with
Mr. Bean and called him to a place
where no latte or whipped cream
was on the menu! Mr. Bean was
blessed with a golden heart and
since he spoke less, he was a great
listener! Vincent often spoke about
his problems to Mr. Bean because he
was a harmless soul. Mr. Bean wanted
to turn his age-old house into a ‘space
age petrol station home' where he
suggested drilling deep into the ground
to pump in fuel and oil into his house!
“You're a nice man Bean and I won't
charge you a single penny to renovate
your lovely house”, Vincent told Mr.
Bean politely. Mr. Bean sprawled into his
seat and blushed! He gave a sock-sized
teddy to Vincent that he fondly called,
Tony. Vincent smiled at his innocence and
accepted the sweet gesture. Patting Bean on his
shoulders, he drove off to a remote location to work
on his ambitious construction project in his favourite
black Cadillac.
“…And he will be assassinated today at 6:00 p.m. by a
dozen Bunanzo men who have been following him all
around since morning,” stammered the informer from
the other side of the telephone. The Bunanzo men
were the arch rivals of the Corleone clan. It was five
past 6:00 p.m.
Paul S. Nora in a state of a complete shock, still not
believing what he had just heard over the phone ran
towards Godfather's office which was a block away.
The receiver of the phone was hanging down like a
pendulum. “WHAT? Call Vincent right away!” beamed
Godfather's voice.
It was the twenty fifth phone ring and Vincent's phone
wasn't answered. After many enquiries Paul S. Nora
was able to track down Vincent's whereabouts and
reached Mr. Beans house. A dozen men dressed in
black broke down his red door and found Mr. Bean
trying to dry his wet clothes with the help of a hair
dryer! “Where did Vincent go after meeting you?”
demanded Godfather grabbing the collar of his shirt.
Mr. Bean pointed into a far away direction and then to
himself. Godfather interpreted this gesture instantly
and ordered him to sit in the car. The car sped away
leaving a trail of screeching rubber tires on the road…
The Godfather, Birbal and Mr. Bean found themselves
at an archeological site, in the centre of which, was
Vincent Corleone's unrecognizable body, lying in a
pool of blood. There was a stunned silence and the only
sound was that of Godfather's earsplitting angry cries
as he held the motionless young Vincent in his arms.
Couple of days after the horrendous incident Birbal
examined the blueprints of the archeological site in his
dome-like office, the white walls of which were
adorned by numerous framed pictures of Birbal with
world leaders and celebrities. The site which once
stood as a dark secret passageway for the war heroes
of the 17th century against the Japanese was now in
pieces and shambles. It was also used as an
underground refuge from sudden air attacks of the
Japanese war planes which were said to be destructive
and violent. The passageway was used to swiftly and
safely transport the brave soldiers to the other side of
the fence which proved to be quiet a fruitful strategy
during wars. Don Vito Corleone's father had died in
one such war.
Birbal tried to recollect the number plate of the car in
which Vincent's murderers had arrived, but in vain.
A loud voice beamed through the corridors of the
fortress of the Don. “NO!” shouted Godfather at
Salvatore's suggestion of declaring an all out violent
strike at the Bunanzo Men, who according to sources
had carried out the horrific operation. “I will not cause
any blood shed over Vincent's death, nor will I forgive
the Bunanzo men. I will fight this war legally, the way
Vincent would have wanted
me to. Have some of our men
send a proposal to Birbal for a
meeting with me. He's the
only person who can help
Corloene seek revenge!”
Today Godfather's fortress was
dull and unenthusiastic.
Godfather sat alone in his
office, before the arrival of Mr.
Bean and Birbal, reminiscing
all those cherished memories,
BELLES-LETTRES
Having left his phone in the now, dusty black Cadillac,
Vincent inspected the monstrous site warily and
smiled to himself. He had dared to dream of
something so unreal that no man could ever imagine
or believe in its existence! Then, as Vincent reached
into his pocket to take out the detailed plan of his
ambitious project, instantly, out of the bushes
appeared a dozen men with machine guns and
rammed bullets into Vincent Corleone's chest which
was guarded only by a three piece suit. Vincent had no
time to react. Before he could even move an inch, his
body was thrown behind with
the thrust of a thousand bullets
which marked every inch of his
body.
In a flash of a second they were
gone. Birbal witnessed the
horrific incident from inside his
SUV in a state of bewilderment!
He, along with his client, was
en route to the airport to catch
a chartered flight to Chicago.
Don Vito Corleone found
himself running towards the
body of his younger son, even before the car could
come to a complete halt. His disbelieving gaze
immediately broke him down. The grey cells in Birbal's
brain started functioning as fast as a race car. His mind
was working to recollect the faces of the men
responsible for the murder of Don Vito Corleone's
younger son. When Mr. Bean squinted his eyes to find
his teddy in the inner pocket of Vincent's jacket, he
wept like a child having lost his only friend.
101
he, as a father had shared with his younger son. Mr.
Bean tried to look through the hole of what looked
like a telescope to him outside Don Corleone's office
and while holding it, he tried desperately to zoom in
at the children's park nearby. Fortunately for Mr. Bean
the gun wasn't loaded! Birbal had the presence of
mind to bring Mr. Bean along, just in case the
Corleones wanted to inquire about the discussions
Vincent and he indulged in, prior to Vincent's death…
What followed from the meeting of both men, which
lasted for several hours, were a series of cases filled
against the Bunanzo Clan and hiring of thousands of
men at the archeological site to execute Vincent
Corleone's dream into a reality. Vincent Corleone's
plan was to build a city within a city where worn-out
traders and travelers could unwind and relax, relive
an experience of a lifetime! After four and a half long
years, Birbal was eventually successful in shutting
down all the dark operations and other illegal
businesses of the Bunanzo Clan which were spread
throughout the globe and was also successful in
presenting a strong case in which the court found
them guilty of all the charges, including the
unfortunate assassination of Vincent Corleone.
The archeological site turned into what Godfather's
younger son had dreamt of, a city within a city. It was
spread across 100 acres of vast land and it was
luxurious to say the least. Palm trees aligned the long
road leading to the entrance of the gigantic structure
which turned into a dream with neon lights
brightening up the sky once the sun settled down. It
was astonishing to see a 'city' bloom like a flower in the
middle of nowhere. A place, where not only traders and
travelers but also businessmen, politicians, world
leaders, bureaucrats, socialites and men from all walks
of life would come down to relax, unwind and forget all
their worries. Live a life which they could've only
imagined in their dreams…The city was called Las
Vegas.
102
The Sir Dinshah Mulla Legal Essay Writing Competition is an intra-college legal essay competition, and one of the
oldest annual events in Government Law College. The Mulla and Mulla Trust, our sponsor for this event, wishes to
encourage through this competition, maximum participation from the students of GLC, allowing them to express
their views on contemporary legal issues and providing them with a fine learning experience. The competition gives a
tremendous boost to young talent and increases their knowledge about legal topics and issues. This year saw a record
number of entries for this competition, proving that there is no dearth of talent in GLC.
The entries were judged by Mr. Shardul Thacker, Senior Partner and Mr. H. S. R. Vakil, Partner, M/s. Mulla & Mulla &
Craigie Blunt & Caroe, to whom we extend our sincerest gratitude.
The topics this year were:
1) Supreme Court Decisions Under The Arbitration & Conciliation Act 1996 From Bhatia International To Venture
Global Engineering – Are These In The Right Direction?
2) The Impact Of The Proposed Direct Tax Code On The Common Man And The Evaluation With The Present
System Of Tax Under The Finance Act.
3) What Effective Measures Should Be Implemented To Eliminate The Inordinate Delay In Disposal Of Cases
Pending In The Indian Courts?
4) Are Present Laws Adequate To Combat Corruption? What Measures Should Be Implemented To Eradicate It?
Winners:
1. Fatima Ansari, III-III
First Prize: ` 10,000
2. Namrata M. Shah, III-II
Second Prize: ` 7,000
3. Sonia Dhamija, V-IV
Third Prize: ` 5,000
103
ARE PRESENT LAWS ADEQUATE TO COMBAT CORRUPTION?
WHAT MEASURES SHOULD BE IMPLEMENTED TO ERADICATE IT?
– Fatima Ansari, III-III
‘...it's dollars and cents,
nickels and dimes; war
and peace, it's nickels
and dimes, what's clean?'1
INTRODUCTION:
‘If we cannot make India
corruption-free, then the
vision of making the nation
develop by 2020 would
2
remain a dream.’
It is essential that the three pillars of democracy –
Legislature, Judiciary and Executive – 'are strong in
structure, pure in form and uncorrupted and
unblemished in conduct' highlighted Dr. Kalam.
Nothing can be truer for corruption like the strong
gravitational pull that is thwarting the take off of
India's success jet.
CORRUPTION (DEFINITION):
Corruption is defined as something forbidden by the
law, as certain acts by arbitrators, election or other
officers, trustees; an act done with intent to gain an
advantage not consistent with official duty and the
rights of others.3
The word “corrupt” does not necessarily include an
element of bribe taking. It is used in a much larger
sense as denoting conduct which is morally unsound
or debased...The word ‘corruptly’ was not
synonymous with dishonestly or fraudulently but was
much wider...it even included conduct which was
neither fraudulent nor dishonest if it was otherwise
blameworthy or improper.4
GENESIS:
104
establishment of the Delhi
S p e c i a l Po l i c e
Establishment (DSPE)
prior to Independence and
the creation of an
Administrative Vigilance
Division (AVD) in the
Home Ministry in 1955.
Vigilance officers were
appointed in each ministry
to enquire into charges of
corruption. A Committee on Prevention of Corruption
was appointed in 1962 under K. Santhanam for
examination and recommendation of remedial
measures. It led to the establishment of the Central
Vigilance Commission independent of ministerial
control in 1964. The Central Bureau of Investigation,
created in 1963, incorporated the DSPE as the
6
Investigation and Anti-Corruption Division.
THE INDIAN PENAL CODE (SECTION 21: PUBLIC
SERVANT):
It has been observed historically that public servants
have been the biggest perpetrators of corruption as
they have the maximum opportunity to subvert the
law with institutional impunity. The IPC dealt with
this menace under ss 161 to 165 of the Code. These
provisions were deleted when the Prevention of
Corruption Act, 1947 was enacted which was
subsequently replaced by Prevention of Corruption
Act, 1988. However, the definition of 'public servant'
under s 21 of the Code governs offences still
punishable under the Code. A public servant
disobeying law with intent to cause injury to a person
can be imprisoned for up to 3 years if he frames,
prepares or translates an incorrect document or
electronic record.7 The offence is committed if a
government servant falsifies public records relating to
the number or value of trees, as a result of which there
is loss to the state.8 If a public servant legally bound
not to engage in trade, does so, he can be punished
with imprisonment up to 3 years; being engaged as an
apprentice is not, however, engaging in trade even if
the apprentice is remunerated.9
On account of the enforcement of policies of
prohibitions and restrictions corruption became a
regular occupational activity that then developed a
structure to sustain itself. Just as the National
Prohibition Act of the 1920s, in America, gave rise to
gangsters such as Al Capone and Johnny Torrio,
similarly the License Raj in India between 1947-1990
provided atmosphere for corrupt syndicates to
flourish. This problem of criminalisation of politics
and of the nexus among criminals, politicians and
bureaucrats was brought out by the former Union
Home Secretary, N.N. Vohra, in a report submitted in
October 1993.5
However, the definition of public servant under the
IPC is not exhaustive. A person employed under M. P.
Electricity Board is a public servant under Prevention
of Corruption Act, 1988 under sec 81.10
COMBATING CORRUPTION:
PREVENTION OF CORRUPTION ACT, 1988:
There have been numerous mechanisms devised and
laws enacted to combat corruption; for example,
Accordingly to give more teeth to the laws dealing
with corruption the PCA of 1988 widened the
It was because of this Act that the former Medical
Council of India President, Ketan Desai, J. P. Singh
and doctors Sukhwinder Singh and Kanwaljit Singh
of Patiala-based Gyan Sagar Medical College were
arrested for allegedly accepting bribes to give
permission to a Punjab-based medical college to
recruit a fresh batch of students without having the
requisite infrastructure.
Nonetheless, huge power has been vested in the
Central and State Government in the form of
appointment of Special Judges, granting of previous
sanction for prosecution of public servants.
Moreover, '… provisions of Article 311 have come in
the way of bringing the corrupt civil servants to book.
Article 311 would require a revisit,' India's Law
Minister M. Veerappa Moily said at a national
seminar on 'Fighting Crime related to Corruption'.
Further, the PCA does not define corruption, but lists
offences of bribery, other related offences and
penalties. Consequently the Act would be open to
misuse and abuse in certain cases.
RIGHT TO INFORMATION ACT, 2005:
The most effective check on corruption would be
where the citizen has the right to take the initiative to
seek information from the state, and thereby to
enforce transparency and accountability. This would
enhance the quality of participatory political
democracy.
Although the right to information is implicit in the
Constitution of India the dominant culture of the
executive has been one of secrecy and resolute
denial of access to information. Demystification of
rules and procedures and pro-active dissemination
of relevant information amongst the public serves as
a very strong safeguard against corruption.
To this end the RTI Act empowers ordinary citizens
to exercise far greater control over corrupt and
arbitrary exercise of state power. It increases
transparency and takes away excuses provided
under the Official Secrets Act, 1923 and the Freedom
to Information Act, 2000 to evade accountability. It
grants citizens access to government information
and a mechanism to control public spending.
RTI Act requires government officials to furnish
information requested by citizens or face punitive
action and provides for computerisation of services.
This along with the various Central and State
government established vigilance commissions has
considerably reduced corruption and has opened up
avenues to redress grievances.
In a recent case the Finance Ministry UnderSecretary Jagbir Sigh Phaugat said while deeming a
settlement between the Central Bank of India and
whistleblower Abhijit Ghosh illegal that “The
agreement debars Ghosh from his constitutional
rights of freedom of press and no one can debar A
person form invoking the provisions of the RTI
Act.”18
LOKAYUKTA (OMBUDSMAN):
Ombudsman means 'representative'. S/he
investigates and addressees complaints reported by
individual citizens. In consequence representing
interests of the public and facilitating public
participation. S/he provides a relatively easier
mechanism for grievance redressal and makes it
more convenient for ordinary citizens to report
corruption. The major advantage of Ombudsman is
his/her neutrality. However, the Ombudsman system
relies heavily on the selection of an appropriate
individual for the office, and on the cooperation of at
least someone from within the apparatus of the state.
Lokayuktas are based on the Ombudsman in
Scandinavian countries. The Government of India
has designated several ombudsmen (sometimes
called Chief Vigilance Officer or CVO) for the
redressal of grievances and complaints from
individuals in the banking, insurance and other
sectors being serviced by both private and public
bodies and corporations. There was a public outcry
against corruption, existence of widespread
inefficiency and unresponsiveness of
administration to attend to reported complaints. As a
SIR DINSHAH MULLA LEGAL ESSAY WRITING COMPETITION
definition of 'public servant' to cover persons
receiving remuneration from the government, or
local authorities, or corporations established under a
Central or a State act, such as a liquidator, receiver or
commissioner.11 The offences specified under the Act
are: taking gratification, which need not be
pecuniary, in respect of an official act, taking
gratification to influence a public servant or to
12
exercise influence with a public servant. To
establish the offence, it is irrelevant whether the
public servant would be able to do what he promised
13
or intended to do. The offence of criminal
misconduct is presumed to have taken place if the
public servant or a person on his behalf, is in
possession of resources or property disproportionate
to his known source of income derived from lawful
14
sources. This presumption is vital in view of the
difficulty in practice of proving acceptance of
gratification, but can be rebutted by the public
servant establishing his innocence on the balance of
probabilities; he need not do so beyond reasonable
15
doubt. He must show that the income was derived
16
from lawful sources. The prosecution is not
required to compute his known sources of income for
his entire service, and it is sufficient if a 10-year
period is taken, though earlier income, if established,
17
can be taken into consideration.
105
result the 1966 report of the first Administrative
Reforms Commission, headed by Morarji Desai
suggested the appointment of Lokpal at the Centre
and Lokayukta at the State level to remove general
discontent among the people and to ensure public
confidence in the efficiency and integrity of public
19
services.
Second Administrative Reforms
Commission, headed by Veerappa Moily, deliberated
extensively for elimination of corruption in the
administration and the strengthening of the Lokpal
and the Lokayukta in a two day National Colloquium
on “Ethics in Governance: Moving from Rhetoric to
Results.”
An amendment to the Constitution has been
proposed to implement the institution of Lokayukta
uniformly across India as a three-member body,
headed by a retired Supreme Court judge or high
court chief justice, and including the State Vigilance
Commissioner and a jurist or an eminent
administrator as other members.
JUDICIARY VERSUS CORRUPTION:
Concerning corrupt electoral practices the Supreme
Court held that sec 123(3) of the Representation of
People Act which prohibited appeal on grounds of
religion as a corrupt electoral practice was a
reasonable restriction and did not violate freedom of
24
speech.
The Supreme Court has expressed extreme distaste
for corruption by observing that the '...harassment of a
common man by public authorities is socially
abhorring and legally impermissible. It may harm
him personally but the injury to society is far more
grievous. Crime and corruption thrive and prosper in
the society due to lack of public resistance. Nothing is
more damaging than the feeling of helplessness. An
ordinary citizen instead of complaining and fighting
succumbs to the pressure of undesirable functioning
in offices instead of standing against it...’25
CORRUPTION AT ITS ZENITH:
The Courts, especially the High Court under Art 226
and the Supreme Court under Art 32, have taken a
firm stance against corruption in recent years and
made several important rulings.
Even the judiciary is not left alone to be above anticorruption laws. The SC ruled that a judge of the
Supreme Court or a High Court would be within the
purview of the Prevention of Corruption Act as judges
were 'public servant'. The PCA requires a prosecution
there under to be sanctioned by 'authority competent
to remove' the concerned 'public servant'. Assessing
these issues, the court ruled that the President of India
would be the 'removing authority'. To avoid executive
interference in the judiciary, the court ruled that the
President could sanction a prosecution only in
consultation with the Chief Justice of India and if the
CJI was involved, in consultation with other judges of
the Supreme Court.20
When members of Parliament of the 9th Lok Sabha
introduced an impeachment motion against Justice
Ramaswamy, the Speaker under the Judges (Inquiry)
Act appointed a committee to inquire into the
allegations of judicial misconduct. The court ruled
that an impeachment motion and proceedings related
thereto were a constitutional matter covered under
Art 124(4) and survived the dissolution of the
House.21
With regards public interest litigation which enables
citizens to report corruption even by means of letters
which in certain cases are even kept anonymous, the
SC stated that Public Interest Litigation should not be
Publicity Interest Litigation, Private Interest litigation
106
22
or Politics Interest Litigation. In its zeal against
corruption the SC has even held that the right to life
was affected by municipal inaction and negligence.23
The LIC Scandal:
This was India's 'first' big financial scam. The scandal
broke out in November 1957 when Feroze Gandhi
asked the Finance Minister in Parliament, 'Had the
new corporation [LIC] used the premium payments of
India's 5,500,000 life-insurance policy holders to buy
up shares at above-market prices in companies
controlled by a notorious stock speculator named
Haridas Mundhra?’26 Then PM Jawaharlal Nehru
appointed Justice M. C. Chagla as a one-man
commission. Justice Chagla held that a transparent
and public enquiry was a 'very important safeguard
for ensuring that the decision will be fair and
impartial' and the hearings were concluded in just 24
days. As a result FM Krishanamachari had to resign
and Mundhra was sentenced to 22 years in prison.
Although this commission was efficient in dealing
with powerful persons, Mundhra was back in the
Nehru cabinet in 1962 after a confidential report held
that 'no moral turpitude was involved.’27
COMMONWEALTH GAMES:
On 28 July 2010, the Central Vigilance Commission
reported irregularities in up to 14 CWG projects.28
There were also allegations of widespread corruption
in various aspects of organising the Games including
procurement and awarding contracts for constructing
the Game venues.29 The PM Dr. Manmohan Singh
had promised in mid-August that corrupt officials
will be given 'severe and exemplary' punishment after
the Games. The Government announced the
formation of a special committee led by former
Comptroller and Auditor General V. K. Shungloo. The
ADARSH HOUSING SOCIETY:
The High Court observed that land proposed for
housing Kargil heroes solely had only two heroes as its
members and 40-odd defence members. The rest of the
103 members are either serving or retired senior IAS
officers or their family members and MPs, MLA, MLCs
32
and other political leaders. The society is also alleged
to have violated the Indian Environment Ministry
33
rules. Construction had been on for five years and 27
floors had come up before the first letter was issued to
the building. 'Is it that wisdom suddenly dawned on
the government and defence ministry?' asked Senior
Counsel Janak Dwarkadas. Additional SolicitorGeneral Darius Khambata said action was delayed
since five different GOCs between 2005 and 2009 were
all members of the society.
MEASURES
CORRUPTION:
NEEDED
TO
E R A D I C AT E
NEED FOR HIGHER OFFICIALS TO PLAY THE
LEADERS IN A REFORM MOVEMENT
“Freedom and power bring responsibility. That
responsibility rests upon this assembly,” said Nehru
while addressing the Constituent Assembly.
Clearly responsibility has been forgotten. The nexus
between corrupt politicians and bureaucrats is
underscored by scams such as the Animal Husbandry
(fodder) scam in Bihar (in which the former Chief
Minister, some ministers, legislators and several
bureaucrats were charge sheeted by the C.B.I.), Urea
scam (involving the son and a relative of the former
PM Narasimha Rao), Coal scam in Tamil Nadu
(involving the then CM Ms Jayalalitha), Telecom scam
(involving the Union Telecom minister), the 2G
Spectrum scam and so on.
If the most powerful in this nation practice corruption
on a daily basis then it is only natural for the common
man to follow in the leaders' footsteps. It is as if
corruption is rewarded and the honest are penalized
for straying from the correct corrupt norms.
UP-TO-DATE USER FRIENDLY LAWS:
As the corrupt grow to become powerful and
ingenious, archaic laws shrink to become powerless
and insipid. Seeing that major instruments for
controlling crime were enacted in the nineteenth
century, such as the Indian Penal Code, 1860 and the
Indian Evidence Act, 1872 it is no surprise that
corruption is on the rise.
Moreover our administrative procedures resemble a
cumbersome labyrinth. To combat corruption
effectively overlapping laws should be reduced and
simplified to a manageable and publicly understood
size. Office procedures should be cut down and levels
of hierarchy reduced. Instead of the prevalent method
which drives one from pillar to post a transparent and
simple system should be evolved. Parliament and
State legislatures should have no items under the
concurrent list; instead all items under the State list or
the Central list so that problems of jurisdiction do not
occur.
JUSTICE WITHOUT DELAY:
Justice delayed is justice denied holds more weight in
corruption cases. Due to inordinate delays the
accused often evades punishment since a long time
span has an adverse effect on the evidence in a case.
The average time for disposal of cases is from 10-20
years. Even if a verdict is obtained enforcement still
remains a problem. A very blatant example of the
incompetence of the judiciary is that in November
1999, a Sessions Judge in Bombay himself approached
Chotta Shakeel for his assistance in recovering `40
Lakh that he was owed by a 'chit fund'.34
The judiciary has a key role in ensuring that political
and administrative power is used in accordance with
law and everyone is held accountable for corruption.
Expressing concern over the huge pendency of cases
in courts, the former President Dr. Kalam said it was
time that information and communication technology
was used in legal dispute resolution at the grass root
level. The high cost of litigation and the long distance
a litigant had to travel to reach a court of law are the
two biggest impediments in the easy access to justice.
Laws need to be simplified so that a litigant did not
spend 10 years in court; he said adding that the
alternative dispute redress mechanism had to be
strengthened to ensure speedy justice.
The Attorney-General, Soli Sorabjee had expressed
that senior lawyers volunteer to serve as a judge for an
ad hoc period of six months to reduce the backlog and
streamline the justice delivery system. 35
Only if assured that justice will be imparted and
enforced will people approach the judiciary with
corruption cases. And only if it is believed that one
cannot get away scot free will corruption cease. Or
else isn't it straightforward to pay/receive a sum
SIR DINSHAH MULLA LEGAL ESSAY WRITING COMPETITION
committee has been given three months time to submit
its report.30 This probe will be in addition to the
Central Bureau of Investigation, Enforcement
Directorate, and Central Vigilance Commission
investigations already underway. In connection with
the investigations the CBI raided the residences and
offices of Suresh Kalmadi on 24th Dec 2010. However,
coming months after corruption in the Games was
established, the raids appeared to be a largely
31
symbolic exercise.
107
definitely less than the money and years spent in the
court?
CIVIL PARTICIPATION:
In a democracy people need to be vigilant and ensure
that their rights are well safeguard and not trampled
upon.
The Report Card methodology developed by the
Public Affairs Center in Bangalore is an innovative
36
instrument to expose corruption in public service.
Delhi's Common Cause has dragged corrupt officials
to the courts through public interest litigation. The
Mazador Kisan Shakti Sangathan in Rajasthan has
done commendable work in making public
information regarding development projects in the
State which has lead to exposure of bureaucratic
corruption. MKSS also fought corruption through the
methodology of jan sunwais or public hearings.
Satyagrah, launched by S. D. Sharma, Vice-Chairman
of the Transparency International-India is a
movement against political corruption and for
efficient and honest governance. NGOs could point
out corrupt practices and inform the CVC about
disproportionate assets against whom raids can be
undertaken by the CBI and the Income Tax
37
Department.
The Government too has become aware of the need to
encourage public participation. At a Conference of
Chief Ministers of Indian States in May 1997, the
Department of Administrative Reforms and Public
Services evolved an 'Action Plan on Effective and
Responsive Administration' based on responses from
experts, officials, voluntary agencies, media, citizen's
groups, etc. A core group was formed for the
monitoring of Citizen's Charter by identified
38
Ministries with substantial public interface. The
development of interactive web sites such as used by
the Central Vigilance Commission facilitates public
involvement in implementation of anti-corruption
strategies.
Moreover, the private sector has taken initiatives such
as http://5thpillar.org that is promoting the use of Zero
Rupee Notes to fight corruption by shaming the
officials who ask for bribe, the Jaago Re! One Billion
Votes from Tata Tea that has changed its focus to
fighting corruption and nobribe.org that advocates
the use of direct and regular measurement of
corruption to force the hands of the leadership into
dealing with corruption related issues.
LAW A N D J U D I C I A L C O M M I S S I O N ' S
SUGGESTIONS SHOULD BE IMPLEMENTED:
The recommendations of various commissions
should have effective follow-up action. The National
Law Commission in December 2001 as per its 179th
report wanted to formulate a law to protect the
whistleblowers who play critical role in reducing
corruption. Statutory protection for whistleblowers
and victim protection should be enacted. Also, the
Corrupt Public servants (Forfeiture of Property) Bill as
suggested by the Law Commission should be enacted
without further delay. The Benami Transactions
(Prohibition) Act, 1988 should also be implemented.
“Judicial commissions have exposed the callousness
of public administration…but refusal by the
executive and the legislature to implement the
recommendations…has rendered them toothless”,
says activist Teesta Setalvad. However, Senior
Counsel Yusuf Muchala believes that 'they remain
unimplemented often because there isn't sufficient
vigilance in civil society…They [people] and the
media, need to be vigilant and demand
accountability.'
CONCLUSION:
The most important tool to combat corruption is our
changed psyche. Corruption is rampant as corruption
is not looked upon as an offence but as an everyday
ordinary occurrence. Society does not condemn
corruption. In fact our social environment provides
favourable breeding ground for corruption.
It took centuries of scientific experimentation and
research to defy the forces of gravity. It requires
monumental thrust to defy the forces of corruption
and propel India up into the shining glory that it
aspires to attain.
End Notes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
108
All My Sons, Arthur Miller.
J. Venkatesan, “Kalam calls for corruption-free society”, The Hindu Jan 27, 2004.
Chandrachud, Y V Justice Concise Law Dictionary, 2008 Wadhwa Nagpur.
S. Dutt v. State of U.P., (AIR 1966 SC 523).
“A mighty challenge, a feeble response”, The Hindu, Thursday, Jul 18, 2002.
Gill, S. S., The Pathology of Corruption, New Delhi: Harper Collins, 1998.
Section 167, IPC, 1860. Under s 29A of the Code , read with s 2 (t) of the Information Technology Act, 2000.
Dattajirao Patil v State of Maharashtra (1971 3 SCC 410); Krishana Patil v State of Maharashtra
(AIR 1973 SC 1385).
State of Gujarat v Maheshwar Thakkar (AIR 1980 SC 1167).
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Naresh Kr. Madan v State of M P (AIR 2008 SC 385).
Sec 2 (c): 'government company' means a company so defined by s 617 of the Companies Act, 1956.
Sections 7-9.
Chaturdas Bhagwandas Patel v State of Gujarat (AIR 1976 SC 1497).
Section 13.
State of Maharashtra v Wasudeo Ramchandra Kaidalwar (AIR 1981 SC 1186).
P Nallammal v State (AIR 1999 SC 2556).
State of Maharashtra v Wasudeo Ramchandra Kaidalwar (AIR 1981 SC 1186).
Marpakwar, Prafulla, “Bank-whistleblower deal illegal”, TOI Dec 24, 2010.
Information Booklet on the Institution of the Lokayukta and Up-Lokayukta, Maharashtra.
K. Veeraswami v Union of India, (1991 SCC 3 655).
Sub-Committee on Judicial Accountability v Union of India (1991 4 SCC 699).
Ashok Kumar Pandey v State of W.B. (2004 3 SCC 349).
Municipality of Ratlam v Vardichand (AIR 1980 SC 1622).
Dr. R.Y. Prabhu v Prabhakar. Kunte, (1996 1 SCC 130).
Lucknow Development Authority v M.K. Gupta (AIR 1994 SC 787).
“INDIA: The People's Premiums” Mar. 03, 1958 TimeMagazine.
“Commissions never work, says HC”, TOI 26 Dec, 2010.
“CVC finds irregularities in several CWG projects”, The Economic Times 2010-07-28.
NDTV India (2010-07-31). “Corruption scandal hits 2010 Games, organisers deny charges”.
“CWG: Probe panel to report in 3 months”, TOI, Oct 16, 2010.
“Finally, CBI raids homes, offices of Kalmadi and aides”, TOI, 25 Dec, 2010.
“Defence forces must come clean: says court”, TOI, 25 Dec, 2010.
Pachouly, Manish (9 November 2010). “Didn't give eco clearance”. Hindustan Times.
Mehta, Suketu, Maximum City, pg 256.
J. Venkatesan, “Kalam calls for corruption-free society”, The Hindu Jan 27, 2004.
Guhan, S. and Samuel Paul, eds Corruption in India: Agenda for Action New Delhi: Vision Books, 1997.
Vital, N. Personal Interview, June 2000.
Kashyap, Subhash, C. ed, Crime and Corruption to Good Governance New Delhi: Uppal, 1997.
Alliance Corporate Lawyers
ARCADIA, 805, N.C.P.A. Marg, Nariman Point, Mumbai
109
EXAMINATION
RANK HOLDERS
GLC
Achievers
Third
FIVE YEAR COURSE:
V-I
First
Second
Third
V-II
Riva Shah
Shaily Gupta
Shreyasi Das
First
Second
Third
V-III
Mayan Prasad
K. A. Vishnupriya
Kamakshi Ayyar
First
Second
Third
V-IV
Sagar Rane
Manali Gogate
Aditi Sinha
First
Second
Third
V-V
Heta Shah
Moneesha Nayak
Palag Vora
First
Second
Third
THREE YEAR COURSE:
III-I
Hirali Desai
Fion Desouza
Pooja Radia
110
Mumbai University Tennis Tournament
Priyanka Deo
Bronze
Mumbai University Boxing Tournament
Samrat Ingle
Gold
West Zone Boxing Tournament
Samrat Ingle
Gold
“Spiritus” the annual sports fest organized by the
National Law School, Bangalore
Womens’ Single Lawn Tennis
Priyanka Deo
First
Womens’ Double Lawn Tennis
Runners Up
Priyanka Deo
Parnika Prakash
50 metres Butterfly Stroke
Anupam Singh
First
Second
Third
‘Dance Mania’ Competition organized by Bhiwandi
Samay and Ada Academy Bhiwandi, Thane District
First
Second
Third
Bronze
INTER-COLLEGIATE EVENTS
Preeti Jadhav Laxman
III-III
Lakshika Kapadia
Kunal Dwarkadas
Nikita Vardhan
Aakarshan Sahay
Nishit Maru
Kavish Aggarwala
First
Second
Third
III-II
Bhavika Dave
Prutha Parulekar
Ujwala Kulkarni
ACHIEVEMENTS
Mumbai University Badminton Tournament
FOR THE ACADEMIC YEAR 2010-2011
Vijaya Katkar
Pooja Nandapurkar
Manali Sangoi
SPORTS
Second
Oorja Mega Singing Competition 2010, Age Group 18-25
Amar Jain
First
MOOT COURT ACHIEVEMENTS FROM FEBRUARY 2010 TO JANUARY 2011
14th All India Moot Court Competition
Organized by University Law College, Bangalore
4th State Level Moot Court Competition
Organized by Dr. Baba Saheb College of Law, Nagpur
Speaker 1 – Anjana Mohan (Best Speaker)
Speaker 2 – Shivani Saxena
Researcher – Ishita Bhagat
Runners Up
Speaker 1 - Amitendra Singh
Speaker 2 - Surekha Srinivasan (Best Mooter)
Researcher - Sana Khanna
N.B. Naik Memorial Government Law College
State Marathi Moot Court Competition, 2010
Organized by Government Law College, Mumbai
Best Team
Speaker 1 – Yogita Deshmukh
Speaker 2 – Sagar Rane (Best Speaker)
Researcher – Devendra Patil
K.K. Luthra Memorial International Moot Court
Competition
32nd All India Moot Court Competition, 2010
Organized by Dr. Ambedkar Government Law
College, Puducherry
M.C. Chagla Memorial Government Law College
State Moot Court Competition
2nd Best Team
nd
Speaker 1 – Raunak Shah (2 Best Speaker)
Speaker 2 - Riva Shah
Researcher – Rubin Vakil
Honourable Mention
Best Team
Speaker 1 - Niyati Hakani
Speaker 2 - Ananya Gupta
Researcher - Yashvi Panchal
th
6 Yasvantrao Chavan Memorial State Level
Moot Court Competition, 2011
Sir Jamshedji Kanga Memorial Moot Court
Competition, 2010 Organized by
Government Law College, Mumbai
Best Team
Best Memorial
Speaker 1 – Shreya Ramesh (Best Speaker)
Speaker 2 – Puneet Bhasin
Researcher – Shlesha Sheth
1st Govind Swaminadhan National Moot Court
Competition, 2010 Organized by Government Law College,
Chennai
Speaker 1 - Ankit Sharma (Best Speaker)
Speaker 2 - Suhani Dwevedi
Researcher - Krishna Baruah
5th National Baroda School of Legal Studies
Moot Court Competition, Baroda
Speaker 1 - Nazaqat Lal
Speaker 2 - Arzin Ansari
Researcher - Amrita Bhui
Speaker 1 - Juhi Mathur
Speaker 2 - Keya Doshi
Researcher - Shivanee Shrivastava
2nd Best Team
Speaker 1 - Shibya Singh
Speaker 2 - Partho Katyayan
Researcher - Garima Agarwal
Jessup International Law Moot Court
Competition, 2011 - India South Rounds
Semi Finalists
nd
2 Best Memorial
Speaker 1 - Ameya Naik
Speaker 2 - Saloni Thakkar
Researcher - Akshat Sharma
Add. Researcher - Mudit Singhvi
(This list has been provided by the Moot Court Association.)
2nd Runners Up
SPECIAL MENTION
7th Nani Palkhivala Memorial National Tax
Moot Court Competition, 2010 Organized by
Government Law College, Mumbai
Kinloch Forbes Gold Medal jointly with the University of
Mumbai for securing highest marks in the subject of
Legal Theory / Jurisprudence
Best Memorial
Speaker 1 - Namita Shetty
Speaker 2 - Pooja Chitalia (2nd Best Researcher)
Researcher - Devvrat Periwal
Prutha Parulekar
111
COURTROOM
HUM UR
Ms. Rajani Iyer
Senior Advocate
Justice Lentin was gentle with the juniors and Junior Bar even whilst being most
encouraging and assuring the juniors their due at the Bar. I had joined the Bar in December
1979/January 1980. Briefs were at a premium – especially for lady juniors. Having got a brief to
argue a Notice of Motion before Justice Lentin, I was thrilled, fully prepared I went and sat in
court at 11:00 a.m. My position was around 58 or 61! My matter did not reach till 4:30 p.m. I did not give up, happy as
the matter just before mine got over and it was not yet 4:45 p.m. So I would be on – so I thought! My matter was called
out. I got up. All ready. Before I could open my mouth I was gently told by Justice Lentin, “You have been here all day .
You must be tired!” I protested my readiness to argue. Justice Lentin persisted with saying that I must be tired! It was
4:40 p.m. Justice Lentin rose for the day! Devastated I sat down totally disbelieving at what had just happened.
The seniors around me told me something which has stayed with me over the years. They said, “Justice Lentin
was probably tiring himself and did not want not to be fully alert when a junior was arguing a matter at the end of the
day. Both will be fresh and alert tomorrow morning.”Subtle words. This was my first exposure to the importance of
choice of words. Subtlety is something that we as brash young ones at the Bar only learn over time from the grand old
guns. Lawyers may propose but it is their Lord and Ladyships who dispose!”
Mr. Avinash Rana
Senior Advocate
C. K. Daphtary, (Chandubhai as we used to call him) a former Attorney General of India, was one of the greatest
advocates of India. On one occasion Chandubhai was addressing a Judge in the Bombay High Court. He was a famous
lawyer by then. The judge who was very much junior to him in the profession never lost an opportunity to have a dig at
Chandubhai. Chandubhai was reading a reported case to him. There was no other copy of the report and so Chandubhai
passed on the book to the judge. The judge found a bug in the book and remarked “See Mr. Daphtary, what you have
passed on. There is a bug in the book”. Chandubhai promptly told the judge “My Lord this is not the first time that a bug
has travelled from the Bar to the Bench”. The judge flushed and was silenced for the rest of the hearing.”
112
Professors
Sitting (L-R): Prof. Mrs. S. H. Chuganee, Prof. Mr. S. Y. Dhadge, Prof. Mr. R. S. Jadhav, Prof. Mr. P. K. Mokal, Prof. Mr. H. D. Pithawalla,
Prof. Mrs. R. S. Ratho, Prof. Mrs. Sushma Bansal, Prof. Mrs. S. I. Bharwani, Prof. Mrs. G. N. Parawati.
st
Standing 1 Row (L-R): Prof. Mr. N. A. Ghatte, Prof. Mr. S. V. Kadam, Prof. Mr. S. A. Panchbhai, Prof. Mr. S. K. Gafoor, Prof. Mr. N. G. Kale,
Prof. Mr. A. N. Kalse, Prof. Mr. V. Yadav, Prof. Ms. S. Masani, Prof. Mr. D. A. Shinde, Prof. Mrs. R. M. Dandekar, Prof. Ms. K. N. Hedaoo,
Prof. Ms. P. S. Mehta, Prof. Ms. M. Sapkal, Prof. Ms. R. Verma, Prof. Ms. M. Tally.
nd
Standing 2 Row (L-R): Prof. Mr. K. L. Daswani, Prof. Mr. K. B. N. Lam, Prof. Mr. A. Shastri, Prof. Mr. P. B. Daphal.
Professors with Principal Dr. Mrs. M. V. Kagalkar
Sitting (L-R): Prof. Mr. D. A. Shinde, Prof. Mr. S. A. Panchbhai, Prof. Mrs. G. N. Parawati, Prof. Mr. H. D. Pithawalla, Prof. Mr. P. K. Mokal,
Principal Dr. Mrs. M. V. Kagalkar, Prof. Mrs. R. S. Ratho, Prof. Mrs. Sushma Bansal, Prof. Ms. K. N. Hedaoo, Prof. Mrs. S. I. Bharwani.
Standing(L-R): Prof. Mr. K. B. N. Lam, Prof. Mr. P. B. Daphal, Prof. Mr. A. Shastri, Prof. Ms. S. Masani, Prof. Mr. V. Yadav, Prof. Mr. S. V. Kadam,
Prof. Mr. K. L. Daswani.
113
Non- Teaching Staff
Sitting (L-R): Mr. B. P. Patil, Mr. S. Singh, Mrs. S. Sawant, Mrs. S. S. Gole, Principal Dr. Mrs. M. V. Kagalkar, Mrs. S. B. Pai, Mrs. S. S. Gavankar,
Mrs. A. A. Khair, Ms. A. S. Sawant.
Standing (L-R): Mr. Shigwan, Mr. P. Natte, Mr. Bhabal, Mr. Pathak, Mr. Solanki, Mr. A. Khair, Mr. Barve, Mr. Ghumrey, Mrs. N. Jadhav.
PRAVIN MEHTA
AND
MITHI & CO.
Advocates, Solicitors & Notary
7, Hind Rajasthan Chamber, 4th Floor, Oak Lane, Fort,
Mumbai- 400023.
Phone : 022 22674545
114
Annual
Committee
ReportS
2010 - 2011
Alumni Association
Sitting (L-R): Sr. Advocate Ms. R. Iyer, Sr. Counsel Mr. T. N. Daruwalla, Sr. Counsel Mr. R. Dada, Principal Dr. Mrs. M. V. Kagalkar,
Prof. Mr. D. A. Shinde.
Standing (L-R): Mr. C. Balsara, Mr. P. Mandhyan.
Delhi Study Tour 2010-2011
Sitting (L-R): Shreya Ramesh, Rubin Vakil, Prof. Mr. S. V. Kadam, Prof. Mrs. G. N. Parawati, Prof. Mr. D. A. Shinde, Husain Wagh,
Prasanna Bhangale.
st
Standing 1 Row (L-R): Amal Irfan, Sherna Doongaji, Savina Crasto, Saloni Ahuja, Barkha Tanna, Uttara Srinivasan, Aashka Shah,
Sukhada Dalvi, Parinaz Vakil, Gathi Prakash.
Standing 2nd Row (L-R): Mayan Prasad, Mudit Singhvi, Manoj Badgujar, Kapil Sharma, Viral Rathod, Nitish Chaudhury.
116
Alumni Association (Students’ Wing)
Sitting (L-R): Ashwini Nawathe, Garema Srivastav, Prof. Mr. D. A. Shinde, Ashni Desai, Barkha Tanna, Ashish Sodhani.
Standing 1st Row (L-R): Aditya Deolekar, Bhrigu Sharma, Siddhi Parikh, Nivedita Nathany, Garima Tyagi, Priyanka Rathore, Darshana Mayekar, Manjari Mukherjee,
Anushree Menon, Kanak Chaturvedi, Bharati Bhansali, Sherna Doongaji, Shruti Chiniwar, Mohil Puri.
Standing 2nd Row (L-R): Divya Kothari, Bhagyashree Desai, Lavina Manghnani, Surekha Srinivasan, Aarohi Gursale, Pooja Nair, Hema Naik, Sonal Lalwani, Mansi Jain.
The academic year 2010-2011 has been a very successful and funfilled year for the Alumni Association. With the objective of
setting new goals and achieving greater heights, we stormed
ahead as a team with renewed energy and enthusiasm.
The Alumni Association came up with the idea of commencing
guest lectures on important and relevant topics of law. These
lectures would help empower the students with better grasping
and understanding of the subject. The eminent guest speakers
list with their topics included Justice Radhakrishnan: Principles
of natural justice, Adv. Kumbhakoni: Interpretation of Statutes,
Adv. S.G. Deshmukh: Civil Procedure Code and Ms. Monica
Sakhrani: Criminal Procedure Code. These lectures were held in
the month of August and September 2010. The series of lectures
are going to continue in the month of January and February 2011.
One of the prominent members of the association Adv. Rajeev
Chavan conducted a workshop on “THE EFFECTIVE
COMMUNICATION SKILLS” for the students of Government Law
College (GLC). This workshop not only helped the students to add
to their communication skills but also provided them with a
platform where they could enhance their personality and
develop confidence which is of paramount importance in the
field of law. This workshop comprised of four sessions which
were held in the month of September 2010.
The most prestigious and much awaited tour of college which is
th
th
the DELHI STUDY TOUR was conducted from 5 December to 12
December 2010 which comprised of a delegation of 25 best
students of GLC and headed by Prof. Parawati and Prof. Kadam.
Alongwith a visit to the Supreme Court, Rashtrapati Bhavan and
attending the sessions in the Parliament both Rajya Sabha and
Lok Sabha; the students also got a chance of an interactive
session with the President of India, Her Excellency Smt.
Pratibhatai Patil, the Hon'ble Chief Justice of India K.G.
Balakrishnan, the Vice-President of India Mr. Mohammad Ansari,
the Chief Minister of Delhi Smt. Sheila Dixit, legal luminaries like
Mr. Fali Nariman and Mr. Soli Sorabjee and many other
dignitaries.
Mr. Stanley Coutinho (Deputy Director General) of the Ministry of
Defense, Government of India, delivered a lecture on
“Importance of joining civil services” in the month of January
2011.
The visit of Mr. Veerappa Moily (Union Minister for Law and
nd
Justice, Government of India) is scheduled for 22 January 2011 in
GLC where he is going to have an interactive session with law
students. Moreover, students are going to express their views on
“IF I WERE THE LAW MINISTER”.
The association is also organizing a friendly cricket match
between the professors of GLC and students of the college at the
Oval Maidan and followed by a friendly cricket match between
the alumni of GLC and the current students of the college.
The Pune Study Tour is an over-night trip to Pune featuring a visit
to the historical Yerwada Jail followed by an exhilarating trek to
Singhad Fort. This trip is scheduled for February 2011.
The report would be incomplete without mentioning the active
support, involvement and co operation of our Principal Dr. Mrs.
M.V. Kagalkar, the President of the Alumni Association, Mr.
Rafique Dada, Professor-in-charge, Mr. Pradeep Mandhyan and
Prof. Dilip Shinde who have been a constant source of inspiration.
The Association would also like to thank all its members for their
hardwork and dedication throughout the year.
Ashni Desai
General Secretary
117
Debating Society
Sitting (L-R): Ashish Sodhani, Shreya Ramesh, Prof. Ms. R. Chabbria, Fatima Ansari, Navodita Gupta, Chinmaya Gajaria.
Standing (L-R): Ratul Das, Amal Sethi, Krutika Chitre, Uttara Srinivasan, Garema Srivastav, Akanksha Tiwary, Anjali Goklani,
Priyanka Rathore, Zahabia Rajkotwala, Ayushi Anandpara, Vishesh Kalra.
The Debating Society seeks to provide a formal platform for
debate and endeavours to encourage a healthy debating
culture in this college. The art of oration is an essential
element of every lawyer's armoury. The Debating Society is an
ideal platform for each and every one of its members to
blossom into inspiring speakers. The Debating Society
facilitates an interaction between diametrically opposite
opinions and diverse schools of thought on a formally
recognized platform.
Parliamentary style, we strive towards promoting the same,
and training our students. In keeping with this aim, two
Parliamentary workshops are in the offing. These workshops
will be conducted by some of the best debaters in the country
in the presence of our Professor-in-charge Mrs. Rooprekha
Chhabria who has always been a beacon of inspiration for all
of us. An Intra College Parliamentary Debate, we believe, will
be a wonderful platform to introduce this form of debate to
the students of this college.
Over the past one year, we have debated and questioned some
of the most critical issues that have plagued society. The
Society meets fortnightly to deliberate issues that draw the
interest of our members. We pride ourselves on having
discovered budding debaters with immense potential. The
Society helps to hone talent by creating a strong support
system for members, and devising a mentorship programme,
whereby students are guided and assisted by experienced
debaters.
The Debating Society has also taken it upon itself to facilitate
an elimination process for elocutions and literary
competitions that are conducted in the debating circuit, not
just in the city but across the country. Having recognized that
the future of Debate lies in the supremely popular
118
Sneha Oak
Member, Executive Council
Dramatics Committee
Sitting (L-R): Suraj Ubale, Aditya Salve, Prof. Mrs. R. S. Ratho, Athar Pawaskar, Ajay Khairnar.
Standing (L-R): Maruti Sable, Yogesh Nawgare, Nikhil Shinde, Samyak Zakde, Shilpa Sonawane, Reshma Mahadik,
Pragnya Nirbhavne, Sachin Patil, Suraj Gaekwad, Ravindra Rathod.
The year began on a high note for the committee, with the
dramatics team bagging the 'Best Music' and the 'Runner upbest actress' awards, amongst other awards for the play
“Silent Scream” at the Indian National Theatre, a theatre fest
that witnessed the participation of teams from across the
country. The committee has always encouraged budding
actors in the college to showcase their talent, and the artists
have received an encouraging response from across the
theatrical spectrum in the city and elsewhere. The
committee, in co-ordination with various other committees
of the college, organized an intra collegiate cultural fest
entitled 'Hungama'. The fest was privy to unabashed revelry,
having witnessed the maiden performance of the GLC band,
amongst other events, like singing and dancing
performances, and fashion shows, to name a few. All of this
was made possible by the sincere and hard working members
of the committee. l would also like to express my gratitude to
Prof. Rachaita Ratho, the professor-in-charge, and the
principal, Prof. Dr. Mrs. M. V. Kagalkar but for whose
unwavering support, the committee wouldn't have achieved
as much.
Anita Jain
General Secretary
119
English Dramatics Committee
Sitting (L-R): Aadya Bajpai, Raunak Kapoor, Prof. Mrs. R. S. Ratho, Aanchal Rohira.
Standing 1st Row (L-R): Priyanka Rathore, Vidushi Agnihotri, Amrita Vyas, Shivanee Shrivastava, Kritika Mathur, Garema Srivastava,
Mallika Mallampalli, Zahabia Rajkotwala, Bhanu Garg, Chesta Mehta, Suhani Dhanki, Devika Lakhotia.
Standing 2nd Row (L-R): Amal Sethi, Amal Irfan, Bonita Singh, Shubhangi Sharma, Bhakti Mehta, Amer Ahmed.
‘What is drama but life with the dull bits cut out’
Keeping in mind the above words of Alfred Rancock, the
English Dramatics Committee (EDC), in only its second year of
existence, continued to strive towards the promotion of
English Drama. In a college where just about every activity is
law-centric, the EDC strived to be a refreshing change to what
is otherwise a rather one dimensional approach to
committee life at Government Law College.
The committee was once again handpicked carefully with a
fine balance of actors, writers, music & dance artists and
individuals inclined towards the area of production.
120
participation of the college at several inter-collegiate cultural
festivals.
The culmination of the hard work of the members of the
committee is due to be showcased at its annual production
on March 18, 2011 titled – ‘GLC at Trial’…a satirical comedy on
the A-Z of the institute that we breath in - day in day out. After
all, there’s hardly a college in the world that can boast of
constant “drama” of unimaginable diversity than ours truly!
In conclusion, I’d like to extend my sincere gratitude to our
Professor-in-charge, Mrs. Rachita Ratho for her all the
encouragement and warmth that she has extended to our
committee.
The activities for the year included the performance of oneact plays amongst committee members, a variety of acting
techniques, impromptu drama exercises and situational
acting that encourage members to enhance their scope of
creativity, imagination and improvisation.
I am also grateful to my preceding general secretary (not to
mention founder general secretary) Mr. Tanmay Patnaik for
his effort and vision in making this committee happen in the
academic year of 2009-2010.
The committee also met at intervals to witness dramas, plays
and stand-up comic performances as part of the overall
education on different forms of drama that the committee
strives to encourage its members to learn about.
I also thank the Committee Secretaries, Aadya Bajpai &
Aanchal Rohira as well as all the members of the committee
for their enthusiasm and support in making this committee
what it is despite of other commitments throughout the year.
‘The Law Comes Alive’ was one of the new proposals of the
EDC this year where legal texts & readings from the
prescribed English Text, “The Law & Literature” were enacted
by the newly inducted members under the guidance &
supervision of senior members. The Merchant of Venice,
Puddn Head Wilson, The Great Trial of Gandhi, Joseph
Andrews & Apology were some of the legal excerpts that
were enacted. The committee was also active in the
Looking forward to an extremely bright future for the EDC
and more immediately, a production in March that should
truly live in the memory of every student that feels even
remotely connected to his alma mater.
Raunak Kapoor
General Secretary
Gujarati Mandal
Sitting (L-R): Nikita Prabhu, Prof. Mr. A. N. Kalse, Prof. Ms. D. Makwana, Prof. Ms. K. N. Hedaoo, Prof. Mr. N. A. Ghatte, Radhika Rane.
Standing 1st Row (L-R): Ajay Khairnar, Amol Bhos, Sriraj Menon, Husain Wagh, Tushar Dube, Prathamesh Kawle, Samyak Zakde, Parth Shah,
Dhruv Dhave.
nd
Standing 2 Row (L-R): Suraj Ubale, Barkha Tanna, Ashwini Nawathe, Upasana Pandey, Alka Jaisinghani, Farhad Pathan, Mandar Jadhav,
Harshad Puranik.
This year the Gujarati Mandal endeavoured to celebrate
'Makar Sankranti' by distributing 'Tilgud' and Sankranti cards
amongst teachers, office staff and students.
leadership and all its members for their sincere and wholehearted dedication towards the committee.
In this academic year the Gujarati Mandal also endeavours to
organise 'Ras Dandiya' in the college auditorium. It is
th
tentatively scheduled to be on 19 Feb.'11.
Gujarati Mandal expresses its sincere gratitude to Principal
Mrs. Madhuri Kagalkar for her unstinted support,
Chairperson Prof. Kavita Hedaoo for her co-operation
throughout the year. And last but not the least the Gujurati
Mandal would like to thank the post holders for their
Radhika Rane
General Secretary
121
Hindi Parishad
Sitting (L-R): Farhad Pathan, Prof. Ms. K. N. Hedaoo, Prof. Ms. D. Makwana, Prof. Mr. A. N. Kalse, Prof. Mr. N. A. Ghatte, Parth Shah.
Standing 1st Row (L-R): Alka Jaisinghania, Upasana Pandey, Husain Wagh, Sriraj Menon, Samyak Zakde, Harshad Puranik, Dhruv Dhave.
nd
Standing 2 Row (L-R): Nikhita Prabhu, Radhika Rane, Suraj Ubale, Ajay Khairnar, Mandar Jadhav, Sachin Patil, Amol Bhos.
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Aarti Nimbalkar
General Secretary
ＢＡＴＣＨＯＦ
１９７８
122
Law Review
Sitting (L-R): Anjana Mohan, Tanvi Randhar, Prof. Mr. K. L. Daswani, Nithya Narayanan, Persis Sidhva.
The Government Law College Law Review was established
under the privileged guidance of Late Shri Y.V. Chandrachud,
former Chief Justice of India. With seven volumes of the Law
Review having been published, the Law Review has come a
long way since its inception.
The Committee would also like to extend its gratitude to all
the editors and the sponsors, without whose support this
endeavour would not be fulfilled.
The primary focus of the Law Review Committee is to provide
a platform for students to hone their writing skills and
display novelty in the field of legal research. Each and every
article that makes its way to the Law Review is subjected to
intense scrutiny and heated brainstorming sessions and
several hours of research-both by the students and the
members of the Committee. This provides an enriching
experience and prepares them for the competitiveness and
demands of the legal academia.
This year, the Law Review will be publishing a Student Edition
which will feature articles covering a diverse spectrum of
legal issues. The Law Review will also come out with a Bar
Edition, which will include articles by some of the most
eminent members of the Legal fraternity.
Persis Sidhva
Member
123
Legal Aid
Sitting (L-R): Chinmayee Pendse, Pranav Arora, Aashka Shah, Rajni Singh, Prof. Ms. M. Sapkal, Prof. Ms. S. H. Chuganee, Prof. Ms. G. Chhabria, Pranoti Shriknande,
Malhar Zatakia, Devashish Jad, Surabhi Shekhawat.
Standing 1st Row (L-R): Praval Arora, Mantul Bajpai, Amal Sethi, Kapil Sharma, Devansh Shah, Ankit Aggarwal, Vinit Patwari, Aditya Deolekar, Shivi Sanyam,
Mohil Puri, Nishit Maru, Pratik Kardak, Satyanshu Mohan, Balagopal M.V., Sahil Kapoor, Tanmay Singh, Saif Ransul Khan, Ayaan Patel.
Standing 2nd Row (L-R): Vishesh Kalra, Riti Kakkar, Umesalama Vajahuddin, Suchita Desai, Varsha Gaikwad, Maulika Hegde, Shamika Joglekar, Zeel Shah,
Divya Kothari, Rupal Shah, Madhavi Doshi, Ayushi Anandpara, Tabassum Sheik, Uttara Srinivasan, Prakruti Joshi, Pooja Nair, Krutika Chitre, Hema Naik,
Chritarth Palli.
rd
Standing 3 Row (L-R): Aparna Bagree, Vidhi Kothari, Shivani Parikh, Priya Makhijani, Rashmi Rajendran, Manali Kshirsagar, Akanksha Tiwary, Sugyata Chaudhary,
Chesta Mehta, Zahabia Rajkotwala, Gathi Prakash, Kritika Mathur, Gazal Pahwa, Tanya Goveas, Amal Irfan.
Legal Aid Committee as the name suggests is primarily
involved in providing Legal Assistance to people who cannot
afford it.
The flagship activity conducted by the Legal Aid Committee is
the Jail Visits to the Arthur Road and Byculla Jail. Although it
is a part of the curriculum for the final year students, it
enables the Committee members to get better acquainted
with the prison system.
Jail Visits take place thrice a week. Every week 15 students in
batches of 5 visit these jail and write bail applications for the
under trials convicted of petty offences. This semester the jail
visits began in December and will continue upto March.
124
actively involved in spreading awareness about RTI. The NGO
boasts of a number of trustees which include Mr. Julio
Ribiero. This workshop was taken by Mr. Narayan Verma who
is am eminent RTI activist. He has also published 4 books on
RTI.
A similar workshop on RTI was also conducted by Mr.
Narayan Verma at the Cricket Club of India, Churchgate and
colleges around the city wherein he was assisted by members
of the Committee.
On 12th October i.e. the RTI anniversary, a screening of a movie
named “Ek Cup Chya” (One Cup Tea) was also organised by
PCGT and Legal Aid. This movie was screened at IMC,
Churchgate.
One of the highlights of this year's journey was a meeting
with the Police Commissioner of Mumbai Mr. Sanjeev Dayal.
This function was conducted at Indian Merchants’ Chamber
(IMC) and a number of students of the Committee
participated in it. Issues like the security of the citizen, the
recent terrorist attacks in Mumbai were addressed at this
function. All the members of the Committee actively
participated in the question answer session and questions
raised by a few members were answered by the
Commissioner.
Another major highlight is the weekly visits to the 'Dongri
Remand Home' also called as the Juvenile Prison. Every week
the members taught the children important values
promoting reformation as the process of improvement. On 2nd
October, the students organised an elaborate programme
which included 3 skits on Gandhiji's teachings, a dance by the
young girls which was followed by the screening of a movie
based on the childhood of Mahatma Gandhi. The function
concluded with the distribution of sweets.
Spreading awareness about RTI (Right To Information) has
been an important project taken up by the Committee. This
project is carried on in association with an NGO
“PCGT”(Public Concern for Governance Trust) which has been
Another initiative taken up was the Intra Committee
Presentation which was organised to inculcate the habit of
legal research amongst the members and also to enable them
to gain knowledge about the current issues, an introduction
to legal arena. Various topics like Domestic Violence,
Advertising Ethics, Euthanasia were covered. The Finals of this
competition were judged by Prof. Daswani and Prof.
Chuganee. The team dealing with the topic of The Common
Wealth Games consisting of Ms. Shivanee Srivastava and Ms.
Suchita Desai emerged winners.
Annual Group Discussion, a project which was started on an
Intra College level was this year taken up to an Inter College
Level. The extent of the GD was broadened from college level
to the city level. Thirty of the city's illustrious colleges in the
city like KC College, St. Xaviers, VJTI and many more
participated in this Group Discussion competition. This
competition spanned for a period of two days i.e. 20th January
st
and 21 January. The preliminary rounds and semi-final rounds
were conducted in Government Law College whereas the
finals were conducted at IMC.
This competition was judged by a selected mix of eminent
lawyers and journalists from leading publications like
Thompson Reuters, Mid-Day and so on. The judges for the
finals were Mr. Mayank Shekhar, National Editor of Hindustan
Times and Mr. Ganesh Govani, Advocate, Bombay High Court.
prison. This event will be conducted at the Kamalnayan Bajaj
Art Gallery at Nariman Point from 15th February to 21st
February.
The dream of having a fully functional GLC Legal Aid Clinic
which would bring in advocates from the High Court to carry
out pro-bono cases is finally being established and will be fully
functional from the first week of February. The members of
the Committee would assist the lawyers in their matter
therefore endorsing the aim of the Committee which is
providing non-profit legal assistance.
We end the year with the annual Legal Quiz which is
conducted by the Committee at an Intra-College level in the
last week of February. The above mentioned activities would
not have been possible without the efforts, faith and support
of Principal Dr. Mrs. Madhuri Kagalkar, Mrs. Sabita Chuganee,
Joint General Secretary Rajni Singh and the Core Committee
consisting of Aashka Shah, Chinmayee Pendse, Devashish Jad,
Malhar Zatakia, Pranav Arora and Surabhi Shekhawat.
In February we introduce AfBB- 'Art from Behind Bars' an art
exhibition showcasing artworks of artists behind the bars
selected from across the prisons of Maharashtra. This is to
help in the rehabilitation of these prisoners post their time in
Pranoti Shrikhande
General Secretary
Core Practice Areas
Banking & Finance
Infrastructure
Private Equity
Capital Markets
Mergers & Acquisitions
Real Estate
3/F, Mahatma Gandhi Memorial Building, 7, Netaji Subhash Road,
Charni Road (W), Mumbai - 400 002 Maharashtra, India.
Tel: +91 22 6619 9800 • Fax: +91 22 6619 9899
Email: [email protected] • Web: www.aralaw.com
125
Leo Club
Sitting (L-R): Dakshata Pusalkar, Pooja Gohil, Sumeet Rane, Manendra Singh, Prof. Ms. G. Chabbria, Siddhartha Shankar Sharma, Anisha Chand, Arwa Kachwala,
Apoorva Nadkarni.
st
Standing 1 Row (L-R): Laxmi Veliath, Nehal Wagle, Ishita Jain, Upasana Pandey, Akshada Pasi, Anshu Sharma, Sanskruti Shivkar, Shrutika Bhagat,
Mayura Jagtap, Akanksha Tiwary, Gazal Pahwa, Manika Pandey, Garima Agarwal, Shreya Sharma.
Standing 2nd Row (L-R): Alka Jaisinghania, Avantika Parthe, Gauri Mehendale, Neha Pawar, Priyanka Bille, Rupal Shah, Sonika Mehta, Arwa Haji, Tanvi Chile,
Gayatri Ahirwar, Sugyata Chaudhary, Priyam Chhedha, Trupti Bharadi, Anushuiya Dey, Sana Khanna.
Sitting (L-R): Prakhar Karpe, Harsh Sharma, Sumeet Rane, Manendra Singh, Prof. Ms. G. Chabbria, Siddhartha Shankar Sharma, Anisha Chand, Satyanshu Mishra,
Mantul Bajpai.
Standing 1st Row (L-R): Kushan Solanki, Ali Zaidi, Amitendra Singh, Athar Pavaskar, Husain Wagh, Kapil Sharma, Suraj Sawardekar, Pratik Kardak, Tushar Mittal,
Sachin Patil, Sushant Patil, Pranav Arora, Ankit Agarwal, Naresh Chintalwar, Mayank Singh, Sahil Kapoor, Bhrigu Sharma.
Standing 2nd Row (L-R): Manish Bhoir, Vinit Patwari, Aditya Deolekar, Ajay Khairnar, Suraj Ubale, Sagar Salvi, Siddesh Nade, Suraj Gaikwad, Prasad Jadhavar,
Aditya Salve, Abhijeet Sadikule, Saif Ransul Khan, Anant Peshin.
126
Leo stands for Leadership, Experience and Opportunity. The
Leo Club of Government Law College was formed three years
back. Since its inception it has never looked back and has
contributed immensely to the society by raising a helping
hand to the community by virtue of its projects on social
service. For the session 2010-11, the theme was 'Service Till
Infinity' and the Club believes that it has succeeded in
maintaining the pace of work as compared to the theme.
The Club started its projects with a “Free Book Distribution
Project” on 16th July where around 340 free books were
distributed amongst the needy children of the non teaching
staff of the college. On 28th August the installation ceremony
took place where 74 new Leo's were inducted, which took the
total count to 120 members. The next project was Blood
Donation Drive. A total of 1106 units of blood were collected
from 9 different blood donation camps within a short span of
4 months which were organised by the Leos in association
with some of the most reputed Government Hospitals in
different parts of the city. The highest record for a day was 179
blood units which were collected in a camp held at Dadar
st
Railway Station on 21 August. The Leo Club also organised a
cultural programme on 6th September for the senior citizens
of the city at Women Graduates Union (WGU) wherein a few
th
medical kits were also distributed to the institution. On 9
September the club organised a lecture on Human Trafficking
and Child Abduction, in association with an NGO called
International Justice Mission (IJM).
Next was the October Service Week where the Leo Club of
GLC volunteered for projects like distributing hearing kits for
free to the talented but poor and unfortunate children of
Dadar, and spending time with the street children and
providing them with basic necessities of life. An Art
competition was also organised by the Club on 6th October
which gave a platform to the poor children to display their
talents and skills. A service project at Sai Baba Temple was
organised on 7th October where the devotees were given items
of worship and clothes and blankets were distributed
amongst the poor. A field trip was organised for the poor
children on Children's Day wherein they were taken to the
Rambo Circus. On 11th December the Club organised a
Christmas party along with the parent club where the Club
took the poor and unfortunate street children for Mumbai
Darshan.
Achievements to the Club include the recognition as the Best
Leo Club of the district for the projects done by it in the
service week and also a memento for the excellent service
rendered during the cancer detection camp for the academic
year 2010- 2011. The Club will also receive an award for the
collection of 1106 units of blood from the Government of
th
Maharashtra on 14 June 2011.
With this spirit the club hopes to continue with its legacy of
serving the society and bringing a change in the society.
Siddhartha Shankar Sharma
President
Rajesh Vaidya
127
Marathi Mandal
Sitting (L-R): Satish Awale, Jitendra Chinchambekar, Prof. Mr. S. A. Panchbhai, Shailesh Kharat, Sachin Patil.
st
Standing 1 Row (L-R): Pratik Kardak, Pallavi Devrukhkar, Priyanka Bille, Sneha Khade, Pranali Awale, Adita Sawlekar, Pranali Chalkhune,
Aparna Jagtap, Shilpa Sonawane, Rohini Bodke, Pragnya Nirbhavne, Reshma Mahadik, Archana Bhandare, Sweety Kadam, Prachi Kelaskar,
Swatantri Waghmare, Rahul Raut.
Standing 2nd Row (L-R): Anish Jadhav, Praval Arora, Siddhesh Wade, Mahesh Pawade, Sushil Sharma, Manish Bhoir, Suraj Ubale, Ajay Khairnar,
Suraj Gaekwad, Pathar Pawaskar, Prasad Jadhavkar, Sagar Wadekar, Sriraj Manjrekar, Samyale Zakde.
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128
Jitendra Chinchambekar
General Secretary
Model United Nations Society
Sitting (L-R): Shriya Kuruparan, Aadya Bajpai, Nitesh Tiwari, Prof. Mrs. R. S. Ratho, Mudit Singhvi, Karishma Pandya, Arzin Ansari.
Standing 1st row (L-R): Aaheree Mukherjee, Nikita Dadlani, Shivanee Shrivastav, Amrita Vyas, Sweta A, Rima Desai, Ayushi Anandpara,
Madhavi Doshi, Vijaya Katkar, Kanak Chaturvedi, Mallika Mallampalli, Chaahat Wadhwana, Anjali Goklani
nd
Standing 2 (L-R): Nitish Chaudhary, Praval Arora, Aditya Deolekar, Ayaan Patel, Garema Srivastav, Krutika Chitre, Hema Naik, Ankit Aggarwal,
Mohil Puri, Brigu Sharma, Amer Ahmed.
The idea of having The Government Law College Model
United Nations Society in the college is in a way
unprecedented. Today being law students it is imperative that
our knowledge is not limited to any one country and that we
have global perspectives on international policies and
statutes. There is an increased impetus to observe and take
into consideration international relations and politics. For
the same, Government Law College Model United Nations
Society worked tirelessly organizing debates on topics of
international importance.
international politics and diplomacy through its four
committees/councils including a special Crisis Committee.
The event would see a participation of over 160 students from
across the nation from more than 65 schools and colleges,
both law and non law. The conference seeks to come up with
substantive resolutions on some of the most impending
issues assailing the world today.
Since, a Model United Nations Conference is actually a
simulation of the proceedings of the various bodies/organs of
the United Nations with students taking up the roles of
diplomats of various countries, GLCMUN Society organized a
training session in procedure and techniques of MUNning.
This was followed by the GLC INTRA MUN, where the
students of the college got a chance to discuss, debate and
deliberate at the college level. However, the major event of
the GLCMUN Society, The Government Law College Model
United Nations Conference 2010-2011 is seeking to explore
Nitesh Tiwari
General Secretary
129
Moot Court Association
Sitting (L-R): Hrushi Narvekar, Saloni Lakhia, Yuvraj Choksy, Raunak Kapoor, Siddarth Bafna, Raunak Shah, Rubin Vakil, Ashish Sodhani,
Juhi Mathur, Komal Modi, Riva Shah, Tanaya Shah.
Standing 1st Row (L-R): Vidushi Agnihotri, Garema Srivastav, Aarohee Gursale, Aniesh Jadhav, Jay Shah, Nishit Maru, Ratul Das, Shreya Ramesh,
Malhar Zatakia, Aparna Bagree, Amanda Rebello, Akanksha Agarwal, Gathi Prakash, Ayushi Anandpara, Madhavi Doshi, Nikita Johal, Paridhi Shroff,
Miloni Shah, Sneha Shah.
Standing 2nd Row (L-R): Amal Sethi, Amer Ahmad, Chritarth Palli, Deepa Mistry, Devaki Naik, Prerna Shankar, Vedika Lakhotia,
Shamika Joglekar, Ashana Mishra, Krutika Chitre, Shruti Sundarajan, Divya Kothari, Uttara Srinivasan, Hema Naik, Kim D'souza,
Khadija Loharchawlwala.
Standing 3rd Row (L-R): Suraj Sanap, Praval Arora, Bhagyashree Madhekar, Chesta Mehta, Aashna Shaparia, Bhakti Mehta, Kritika Mathur,
Deesha Kanabar, Karishma Mehta, Zahabia Rajkotwala, Anjali Goklani, Amrita Vyas, Ayaan Patel, Rayees Shaikh.
Left Inset: Prof. Mr. S. V. Kadam.
Since its inception in 1954, the Moot Court Association is
committed to promote, co-ordinate and encourage the activity of
mooting at the Government Law College (GLC). The primary
objective of the MCA is to provide the students of GLC with a
platform to gain exposure to the practical aspects of legal
education. The following is a brief account of the activities and
events conducted by the MCA through the academic year 20102011.
INTRA – COLLEGE MOOTING
1.Demonstration Moot, Mock Freshers' Moot & Mooting
Workshops
The MCA organized four mooting workshops to acquaint the
incoming batch with the concept of mooting. The mock freshers'
moot was conducted as a training session for the first year
students before finally approaching the Freshers' Moot. The
Demonstration Moot is a mock mooting session, where senior
students argue before a bench of ex-students, to familiarize the
first year students with the style, etiquette and manner of
mooting.
2. Freshers' Moot 2010
The workshops and demonstration moot were followed by the
th
th
Freshers' Moot Court Competition, from 4 – 6 August, 2010. The
competition received an overwhelming response, with over 160
130
students of the first year of the five year course participating in
the event.
3. Intro-Moot for the Three Year Course
Owing to late admissions for the three year course, we conducted
an introductory moot for the students of the three year course,
following the format of the Freshers' Moot.
4. Grand Moot Court Competition
Since 1956, the Grand Moot Court Competition has been the most
prestigious intra-college moot court competition at GLC.
Students are segregated into groups on the basis of their
respective batches, and winners of each group qualify for the
Grand Ranking Round. In this round, students are ranked based
on their performance, and then given an opportunity to
represent the college at the most prestigious national and
international moot court competitions. The Ranking Round is
judges by senior professors and lawyers.
5. IL Grand Moot Court Competition
This year we introduced the IL Grand Moot Court Competition,
an intra-college moot dedicated to preparing and selecting
students for international law based moot court competitions in
the country and abroad. The IL Grand was held on 25th – 26th
September, 2010.
6. Common Eliminations
We conducted several common eliminations from time to time
to select students to represent the college at several city, state,
national and international moots.
INTER-COLLEGE MOOTS HOSTED BY MCA
1. D. M. Harish Memorial Government Law College
International Moot Court Competition, 2011(DMH)
The year 2011 marks the twelfth edition of DMH, and will be held
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from 10 -13 February, 2011. Although the competition has
consistently received participation from several globally
renowned universities, this year we additionally look forward to
Universities such as the New York University & Columbia
University (USA), Bond University & the University of Melbourne
(Australia), Moscow State Law Academy (Russia), University of
Sussex (UK), amongst other international teams, apart from the
crème de la crème of Indian law universities that will attend this
competition.
The four day mooting extravaganza will commence with the
Inaugural Ceremony and Panel Discussion at the plush Sahyadri
State Guest House, and panelists include Mr. Paul Folmsbee (US
Consul General), Rev. Dr. Stephen Fernandes (Prof. of modern
theology and medical ethics, Archdiocese of Bombay) and Flavia
Agnes (Women Rights' activist and lawyer). They will discuss the
issue of commercial cross-border surrogacy and the underlying
social, legal, and moral implications.
Three days of mooting through the preliminary, octo-final,
quarter-final and semi-finals rounds of argument will culminate
in the Final Rounds of Argument to be judged by a bench of five
sitting judges of the Bombay High Court at the opulent Mumbai
University Convocation Hall.
2. 7th Nani Palkhivala Memorial National Tax Moot Court
Competition, 2010
The Moot Court Association of Government Law College
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organized the 7 Nani Palkhivala Memorial National Tax Moot
Court Competition in association with the All India Federation of
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Tax Practitioners and the ITAT Bar Association from 7 – 9
October, 2010. The moot has the distinction of being based
exclusively on Taxation Law, and it is the only moot in the
country where law students are provided with the opportunity
to argue in the courtrooms of the ITAT itself. These rounds of
argument are judged by the Hon'ble Members of the ITAT as well
as professional advocates & chartered accountants from the field
of tax culminating with the Final Rounds of Argument
This year, the competition witnessed the participation of 26 of
the finest Law Institutions from across India. The final rounds of
argument were held at the Y. B. Chavan Centre, Nariman Point,
Mumbai and were judged by Hon'ble Mr. Justice B. N. Srikrishna,
Former Judge, Supreme Court of India; Hon'ble Mr. Justice P. B.
Majmudar, Judge, Bombay High Court and Hon'ble Mr. Justice R.
M. Savant, Judge, Bombay High Court. NALSAR University,
Hyderabad emerged as winners of the competition, and
University Institute of Legal Studies, Punjab followed as runnersup. GLC bagged the award for the Best Memorial.
3. 17th M.C. Chagla Memorial Government Law College State
The Moot Court Association of Government Law College has been
hosting the M. C. Chagla Memorial City-Level Moot Court
Competition for several years. Owing the overwhelming
response we have received from law colleges across Mumbai, the
competition was opened to law colleges from across the State of
Maharashtra 3 years ago. The seventeenth edition of the
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competition is scheduled to be held on 22 – 23 January, 2011.
Hon'ble Mr. Justice Anoop V. Mohta & Hon'ble Mr. Justice B. R.
Gavai of the Bombay High Court presided over the final rounds of
argument.
4. N.B. Naik Memorial Government Law College State Marathi
This competition is the first and only moot in India that is
conducted in a regional language - Marathi. This competition is
open to law colleges across the state, and is now in its twelfth
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year. This year's edition is scheduled to be held on 26 – 27
February, 2011.
5. Sir Jamshedji Kanga Memorial Government Law College Moot
Court Competition, 2011
Instituted in the memory of Late Sir Jamshedji Kanga, this
competition is open to all law colleges in Mumbai. The
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competition is scheduled to be held on 4 March, 2011.
OTHER EVENTS AND INITIATIVES
1. Series on Critical Analysis of Landmark Judgments
This year we have initiated a series of panel discussions critically
analysing landmark judgements of the higher judiciary. The
intention of this series is to enlighten students about the
significance of defining judgements of the High Courts and
Supreme Court, and to help them in interpreting its implications.
The first discussion in the series was conducted on 25th August,
2010 interpreting the SC's verdict on the constitutionality of the
use of narco-analysis during criminal investigation and was
moderated by Mr. Gautam Patel, Advocate. The next discussion is
scheduled to be held in the month of March.
2. Moot Mentorship Programme
With a view to assist students of college participating in intercollegiate national and international moots, we have introduced
the moot mentorship programme this year. The MCA coordinates the programme, wherein we request senior and
experienced students and alumni of the college, to guide the GLC
teams, help them address doubts with respect to the case study
and assist with the structure of their memorials. This initiative is
in consonance with our persistent endeavour to encourage
greater number of students to actively participate in mooting
activities as well as raise the mooting standards of GLC.
3. MCA Online
We have designed and uploaded a website to act as a link
between students and mooting activities in college. Students can
download case studies, register for common eliminations and
other intra-college moots, and receive regular updates of
upcoming moots.
4. Research Paper Competitions
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We also conducted the 6 Nani Palkhivala Memorial Research
Paper Competition, that dealt with cross-border reorganisation,
and received entries from 24 law colleges across the nation. We
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even initiated the 1 D.M. Harish Memorial GLC Research Paper
Competition, and received an overwhelming response of over 50
entries. The topic of the paper addressed securitisation and asset
reconstruction companies.
The performance of the MCA 2010-2011 is attributed to consistent
dedication and commitment of each and every member of the
association. I thank Prof. Sanjay Kadam, Chairman of the
association, for his unconditional support. I must particularly
thank the office bearers of the association – Ashish Sodhani,
Hrushi Narvekar, Juhi Mathur, Komal Modi, Raunak Kapoor, Riva
Shah, Rubin Vakil, Siddharth Bafna, Tanaya Shah and Yuvraj
Choksy. Their camaraderie, perseverance and devotion played an
instrumental role in every successful endeavour of the Moot
Court Association.
Raunak Shah
General Secretary
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Music Circle
Sitting (L-R): Abhineet Sharma, Prof. Mr. P. B. Daphal, Vineet Patwari.
Standing (L-R): Sahil Kapoor, Vishesh Kalra, Raman Mishra, Bhrigu Sharma, Harsh Sharma, Kapil Sharma, Tushar Mittal, Rajan Mishra,
Akshat Sharma, Vishesh Nahata, Manvendra Singh Bhati.
The Music Circle aims to provide a platform for those who are
passionate about music. It's devoted to the cause of
motivating students to pursue music as an important extra
curricular activity. Every committee aims at helping in
increasing the skills of a student in our college, but the Music
Circle aims at helping the student to relieve the stress by
singing his heart out, to entertain himself, to entertain
others, thereby creating almost a new religion – music. It
provides opportunities for the students to participate in
various prestigious inter collegiate events, like Malhar, Mood
Indigo, Sympulse, and various other college fests. Our
members have won laurels in Band events, and solo
competitions. In the year 2010, the college band formed by
highly talented students performed in Hungama, an intra
college event. Also, the music circle in collaboration with Zee
TV, organised a musical extravaganza where participants
from Sa Re Ga Ma Pa, a renowned reality show aired on Zee
TV, and students from our college put up stellar
performances.
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The Music Circle endeavours to unite those who are
enthusiastic about music. Also, it provides support to those
who have the urge to learn and gain more knowledge about
music, by conducting various classes. The Music Circle aims
to introduce more activities and events for the benefit of all
the students.
Abhineet Sharma
General Secretary
Placement Committee
Sitting (L-R): Amitabh Tewari, Manvendra Singh Bhati, Prof. Mr. H. D. Pithawalla, Vishesh Nahata, Varun Satiya, Manhar Saini.
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Standing 1 Row (L-R): Ananya Sharma, Bulbul Singh, Pooja Hiray, Kritika Mathur, Rehmat Lokhandwala, Siddhi Parekh, Nivedita Nathany,
Jenisha Shah, Radhika Warerkar, Shubhangi Sharma, Viplavi Jha, Krupa Brahmabhatt, Neha Pugalia, Apoorva Nadkarni, Aarva Kachwala,
Aashka Shah, Kanak Chaturvedi, Pranjali Sapale.
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Standing 2 Row (L-R): Aniesh Jadhav, Shivi Sanyam, Rahul Shukla, Nitish Chaudhury, Harsh Sharma, Aditya Deolekar, Tushar Mittal,
Bhrigu Sharma, Mohil Puri, Sahil Kapur, Hasrat Khan, Nikhil Nad, Abhineet Sharma, Akshat Sharma, Raman Mishra, Satyanshu Mishra.
The Placement Committee was started in the year 1998-99.It
is one of the most important committees, shouldering the
responsibility of providing a stepping stone to success, to
budding lawyers graduating from Government Law College.
The committee aims at exhausting all existing opportunities
of recruitment in the form of law firms, counsels, LPOs and
corporate houses. It acts as a link between the recruiters and
the students, thereby fulfilling the needs of both. It enables
the students to get placements on campus, hence making
placements a lot easier for them. The members of the
Placement Committee take it upon themselves to ensure that
maximum students from the college get placements,
providing them with an opportunity to showcase their skills.
The Recruitment Process involves inviting the recruiters and
creating a database of students. The recruiters are also given
the opportunity to provide Pre-placement talks which
facilitate the direct interaction of the students and recruiters.
The students are provided with the option of applying to as
many as 8 firms, which helps them explore maximum
opportunities at once.
The Placement Committee has been undertaking the
Recruitment Process throughout the year and is functioning
as an Annual Committee. This aspect of the Committee has
widely benefited both, students and potential employers. The
on Campus Recruitment Program 2009-10 witnessed an
overwhelming response from law firms, Counsels, LPOs and
corporate houses. The participation of a large number of
students was a source of inspiration for the Committee,
encouraging it to undertake next year's Recruitment
Program with optimum zeal and enthusiasm.
This year, the Committee is a 50 - member body. The response
from the Fresher's batch has been heartening and hence,
there are lot of fresh minds at work, this time. We believe that
no service is as big as acting as a vehicle for our seniors to ride
upon and begin their careers in the professional world.
On that note, we look forward to a very fruitful year, for both
our students and our esteemed recruiters.
The Annual On - Campus Recruitment Program which took
place from 16th February to 23rd February was a grand success,
as the Placement Committee, true to its motto, succeeded in
getting as many as 60 top law firms and corporate houses.
The Committee has facilitated an easier placement process by
hosting a website and uploading the profiles of various firms
on this site. This has helped students access the firm profiles
at their convenience and has enabled the Placement
Committee to maintain its efficiency.
Manvendra Singh Bhati
General Secretary
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Rotaract Club
Sitting (L-R): Parnasi Shingala, Amitabh Tewari, Rishabh Jogani, Gayatri Chadha, Prof. Mrs. S. H. Chuganee, Akanksha Agarwal,
Surabhi Shekhawat, Chinmayee Pendse, Shivani Parekh.
Standing 1st Row (L-R): Tushad Kakalia, Nitish Chaudhary, Abhijeet Sadikale, Rahul Shukla, Chritarth Palli, Aditya Deolekar, Shivi Sanyam,
Mohil Puri, Balagopal M.V., Pratik Kardak, Bhrigu Sharma, Tushar Mittal, Ambica Shukla, Manika Pandey, Nivedita Nathany,
Tanaya Shah.
Standing 2nd Row (L-R): Gathi Prakash, Aashka Shah, Jahanvi Upadhyaya, Riddhi Kakhar, Manali Sangoi, Vidhi Kothari, Kritika Mathur,
Sonal Lalwani, Jenisha Shah, Lavina Manghnani, Ayushi Anandpara, Bhanu Garg, Deepa Mistry, Siddhi Parikh, Krupa Brahmbhatt,
Neha Pugalia, Amal Irfan, Garima Tyagi, Arushi Khandelwal.
2010 was a bustling year for the Rotaract Club of Government
Law College. It began with a blood donation drive at
Churchgate Station on 16th July, followed by the club's
installation ceremony on 24th July. The event was presided
over by the College Principal, Professor In-Charge, Rotary
President, Club members, Rotarians, District Council
Members and guests.
To truly comply by the spirit of the Rotary of “providing
education to all”, the Rotaract Club of Government Law
College continued its annual project at the Centre for Slum
Children, Chowpatty run by the Salaam Balak Trust, wherein
members of the Club volunteered to teach slum children
varied subjects thrice a week. At the club it is believed that
diversity in work results in a goal being achieved in its
entirety. Keeping this in mind the month of August saw a
Health Check-up and Medical seminar for children of
'Hamaara Footpath' conducted by doctors from the reputed
Saifee Hospital and Bombay Hospital. An all expenses paid
medical check-up was one of the highlights of this event.
To help fresher's deal with their initial conundrums and
doubts the Club organised a seminar conducted by Adv. Hiren
Kamod. It dealt essentially with making a good curriculum
vitae and professional planning after five years of one's legal
education. In addition the Club services Avenue organized an
inter-club games session to help all the newly inducted
members to destress and socialise with each other.
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September saw the children at the Pavement School, C.S.T
participate in a drawing competition organised by the Club.
The participants were pavement dwelling children from
several B.M.C schools whose latent talent often goes
unnoticed. The Club also helped its parent rotary in
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organising the Interact District Conference held on 4
September, 2010 which involved children from schools all
over Mumbai and Thane.
The biggest event for the Club was 'The Charity Sale' which
was an exhibition of products made by various Charitable
Organisations and was held from 26th – 30thSeptember, 2010. It
served as an excellent platform for these Organisations to
promote themselves. Furthermore all the sale proceeds went
to the Organisations itself, and RCGLC only provided them a
platform, venue and a helping hand. There was a
participation of 27 NGOs in this event that spanned over a
week. 'Tata AIG General Insurance Company Limited' as the
title sponsor, 'Sakaal' as the print media partner and 'Mumbai
Mirror' as the media partner supported us in our endeavours.
To celebrate and reward the success of the Charity Sale the
club organized a one day picnic to the Exotica Resort at Thane
for all its members.
The last month of 2010 started with another blood donation
drive at Churchgate Station followed by The Rotaract Club of
Government Law College welcoming an incoming exchange
delegation of Rotractors from Rotary International District
3202, a part of Kerela and Tamil Nadu. Club members
interacted and exchanged views and project ideas with the
delegation. A part of the itinerary was a South Mumbai
sightseeing tour.
consumption)which will consist of articles written by Club
members and legal personalities covering various socio-legal
issues.
The Club members also spent half a day at Om Creations, an
organization for the assistance of autistic children, helping
them make several saleable items from chocolates to gift
bags and handicrafts. The year 2010 ended with a Christmas
Party for the children at 'Vatsalya Foundation', an NGO that
works for street kids. We also had a Christmas Lunch
organized for our Club members post the Christmas Party.
In the months to come one can look forward to an interRotaract tele-games competition and an inter-Rotaract essay
writing competition. The club plans to organize many more
projects and events benefitting its members, students and the
society at large.
The year 2011 started with the Club launching its official tshirt followed by a Kite Flying event on the occasion of 'Makar
Sankranti' for the club members and also organized a lecture
by Adv. Vipul Joshi on Different Tax laws emphasising mainly
on Income Tax Law. The Club soon plans to release its annual
publication 'The Inquest', an e- journal (to support its pro
trees cause preventing wastage and reducing paper
Rtr. Gayatri Chadha
President(2010-11)
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Social Service League
Sitting (L-R): Prof. Mr. A. Surve, Prof. Mr. R. S. Jadhav, Prof. Mr. S. K. Gafoor, Prof. Mr. S. Y. Dhadge, Prof. Mr. P. K. Mokal, Prof. Mr. N. A. Ghatte,
Prof. Mr. V. Yadav, Punita Khetan.
Standing (L-R): Bhrigu Sharma, Tushar Mittal, Harsh Sharma, Kapil Sharma, Rajan Mishra, Mayank Singh, Rupal Shah, Almitra Gupta,
Alisha Parekh.
“Respecting and upholding the spirit of humanity precedes all
forms,functions and letters that define the laws of the land”
- Team SSL
The SSL is one of the oldest and most prestigious
organizations of Government Law College. Rooted in the
pursuit of social justice the SSL strategies are oriented
towards making lives better. This is primarily achieved by tieups and associations with various institutions, apart from
several initiatives individually taken up by the League.
SSL Objectives:
Integrate all faculties of GLC to sensitize people on issues of
social justice.
Strategize and execute projects for the well being of the
economically and physically/mentally challenged.
Organize and channelize assistance to individuals and
institutions working to uplift the economically and
physically/mentally challenged, and bringing them to the
mainstream of society.
of working children, eradication of child labour etc. Shikhar,
organized by the SSL in an exhibition-cum-sale of various
hand made products exhibited by different NGO's working
for various social causes.
Few of the projects taken up by SSL include:
Tree Plantation Drive in association with Hariyali.
Adopt A Railway Station in association with the Railways.
Clean Railway Station Campaign in association with United
Way Mumbai and Clean Mumbai foundation.
Hospital Visits- regular visits to Sion Hospital, pediatric ward
to lighten the lives of the children.
Free Eye Check-up Camp for the poor and needy.
Rural Literacy Campaign: visit to Vada village and teach all
the villagers whether it be a child or an elderly person.
The Social Service League would like to extend its heartfelt
gratitude to to our Principal and to all the teachers and staff
for their unfailing support.
Congregate different institutions on a single platform to
ensure maximum impact for various causes listed.
In an attempt to illuminate others’ lives, and in order to make
their own lives worthwhile, the members of SSL have worked
with various organizations,including: Anand Kendra, a home
for destitute orphaned boys situated at Worli, Asha Daan, a
home for 300 abandoned, handicapped children, the destitute
and people affected by AIDS (HIV positive), Pratham, an
organisation working for the repatriation and rehabilitation
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Punita Khetan
General Secretary
Sports Committee
Sitting (L-R): Ashish Sodhani, Prasanna Bhangale, Jagan Thapa, Aakarshan Sahay, Prof. Mr. D. A. Shinde, Prof. Mr. S. A. Panchbhai,
Sheroy Bodhanwala, Aanchal Vaswani, Viral Rathod.
Standing 1st Row (L-R): Anant Peshin, Rahul Shukla, Ali Zaidi, Jay Shah, Pratik Kardak, Harsh Sharma, Prakhar Karpe, Bhrigu Sharma,
Hasrat Khan, Divakar Sharma, Mohil Puri, Nitish Choudhary, Subir Sarkar, Tushar Mittal, Sohail Hakim, Tanmay Singh, Sahil Kapoor,
Shah Nawaz.
Standing 2nd Row (L-R): Shiraj Manjrekar, Deepa Mistry, Nikita Kollipara, Bhargavi Gadre, Anuja Kulkarni, Nivedita Nathany, Ishita Jain,
Anshu Sharma, Neha Pawar, Garima Srivastava, Hema Naik, Surekha Srinivasan, Sanskruti Shirkar, Akshada Pasi, Nishit Maru, Ratul Das,
Shivi Sanyam.
Left Inset: Nishit Maru, Aakarshan Sahay
Right Inset: Priyanka Deo
As another year whizzes past us, the Sports Committee has, as
always, been at the forefront in providing the best available
opportunity to the students of this renowned institution to
fill up the trophy cabinet, already overflowing with various
academic and mooting exploits, with some silver-ware
through sporting achievements as well. And the students did
not disappoint!
The year started with the Committee organizing the cricket
match between the “Old boys”(eminent ex-students) of GLC
versus the “New boys”, with the latter coming out trumps but
nevertheless, it was a cracker of a match which had all the
makings of a cliff-hanger with the “Old boys” running the
present students much closer than expected.
At the Mumbai University Badminton tournament, the team
comprising of Aakarshan Sahay, Nishit Maru and Kavish
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Aggarwala achieved a stupendous 3 position amidst tough
competition from their more fancied opponents and did the
college proud. Credit must also be given to the girls'
basketball team led by Kavita Shetty which managed to reach
the quarter-finals of the Mumbai University basketball
tournament.
womens' singles lawn tennis champion and doubles runnersup with Parnika Prakash, a student of V-II. Anupam Singh, a
student of V-IV won the bronze medal in the 50 metres
butterfly stroke category and credit goes to him as well. The
Committee extends its heartiest congratulations to them for
their noteworthy achievement. Not only this, the girls'
throwball team lead by Parnika Prakash bulldozed it's way to
the semi- finals of the event.
After hosting the college's annual flagship event “Showdown”
with much fanfare in 2010 in which H.R.College of Commerce
& Economics (football) and Rizvi College of Law (cricket)
bagged top honours, the Committee now endeavours to
bring the next edition of “Showdown” in the first quarter of
2011.
The Committee is also hoping to maintain the college's medal
tally in the national fests by sending teams to NUJS, Kolkata
for their annual fest so that our students, much like the rising
sun, emit rays of blinding light which shall blank out their
opponents in the new year as well.
Thereafter, it was time for “Spiritus”, the annual sports fest
held by the National Law School, Bangalore from 3rd-5th
September,2010.Here as well, our college has made winning a
habit. Priyanka Deo, a student of III-I was declared the
Aakarshan Sahay
General Secretary
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Students' Council
Sitting (L-R): Sneha Nagvekar, Priyanka Deo, Prof. Mr. I. R. Panjwani, Prof. Mrs. Sushma Bansal, Riva Shah, Hirali Desai.
Standing (L -R): Mayan Prasad, Vijaya Katkar, Ummesalama Vajahuddin, Sagar Rane, Raunak Kapoor.
Students' Council with Ad - Hoc
Sitting (L -R): Hirali Desai, Vijaya Katkar, Mayan Prasad, Sneha Nagvekar, Priyanka Deo, Prof. Mr. I. R. Panjwani, Prof. Mrs. Sushma Bansal, Riva Shah,
Sagar Rane, Raunak Kapoor, Ummesalama Vajahuddin.
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Standing 1 Row (L -R): Kapil Sharma, Aditya Deolekar, Rupal Shah, Arzin Ansari, Madhavi Doshi, Ayushi Anandpara, Reema Desai, Amrita Vyas,
Komal Modi, Juhi Mathur, Ashish Sodhani.
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Standing 2 Row (L -R): Raunak Shah, Manali Sangoi, Shreya Ramesh, Gathi Prakash, Rajni Singh, Rubin Vakil, Mudit Singhvi, Siddharth Bafna.
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The Students' Council for the academic year 2010-2011 was
constituted in November, 2010, with the objective of
promoting the welfare of students of the college, and in order
to organize several flagship events for the benefit of the
students.
The New Year commenced on a bright note with the
M. C. Chagla Memorial Lecture Series, 2011. The Students'
Council is privileged to organize this event in the fond
memory of Mr. M. C. Chagla – one of the finest legal
luminaries to have graced this coveted profession.
Hon'ble Mr. Justice B. N Srikrishna (Former Judge, Supreme
Court of India) presided over the Inaugural Ceremony as the
Chief Guest whereas the inaugural lecture was delivered by
Mr. J. P. Cama (Senior Advocate, Bombay High Court).
This year's lecture series will see the likes of Hon'ble Mrs.
Justice Sujata Manohar (Former Judge, Supreme Court of
India), Hon'ble Mr. Justice A. P. Shah (Former Chief Justice,
Delhi High Court) and Mrs. Indira Jaising (Additional Solicitor
General of India), all of whom have graciously consented to
deliver lectures, impart their invaluable knowledge and
discuss their view points on some of the most contemporary
legal issues that our country is faced with.
Although each of these events will be organised with the
same fervour and enthusiasm - as has been a tradition in this
college - this year it the Council's endeavour to go beyond the
realm of organising events. We hope to be true to the
'representative nature' bestowed on this Council by nature of
its inception and thus actively take up issues which affect the
student body as a whole.
We hope to form a link between the students and the
administration so that the student body can voice its
opinions, requests and problems and the same can be
addressed by the administration. Several such issues which
have been put forth to the administration include – the need
for a GLC website, a functional Electronic Research Room, an
updated and catalogued library, completion of the Mooting
Room, frequent guest lectures from the illustrious alumni of
our College etc. It is our sincere hope to see these issues
resolved in this tenure and the council is ever ready to assist
the administration for achieving its goals.
Government Law College, having a 150 year old legacy,
bestows on us the responsibility of upholding its impeccable
stature and glory – a responsibility we hope to shoulder
successfully, a responsibility we hope to awaken its students
to...
The Annual Day, which is also organized by the Students'
Council, serves as a platform to honour the academic and
extra-curricular achievers of the prior year and encourages
students to strive forward.
Towards the close of this academic year, the Students' Council
hopes to bid farewell to the graduating batch of this year in a
manner most befitting the enthusiastic batch.
Riva Shah
General Secretary
Nanu Hormasjee
& Co.
Advocates & Lawyers
A wing, Fort Chambers, Ambalal Doshi Marg, Hutatma Chowk,
Fort, Mumbai - 400023.
Tel: (022) 22651959, 22654341
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Students For The Promotion Of International Law
Sitting (L-R): Krishna Jhaveri, Malhar Zatakia, Aanchal Rohira, Manali Sangoi, Shreya Ramesh, Sneha Nagwekar, Prof. Ms. S. Masani,
Prof. Mr. K. L. Daswani, Akansha Tiwary, Manasa Venkatraman, Vishesh Kalra, Mudit Singhvi.
Standing 1st Row (L-R): Praval Arora, Abhijeet Sadhikale, Ummesalama Vagahuddin, Saloni Ahuja, Aashka Shah, Uttara Srinivasan,
Shamita Joglekar, Jenisha Shah, Radhika Warerkar, Krupa Brahmabhatt, Anjali Goklani, Sonal Lalwani, Madhavi Doshi, Zahabia Rajkotwala,
Bhanu Garg, Satyanshu Mishra.
Standing 2nd Row (L-R): Ayaan Patel, Shivi Sanyam, Amal Sethi, Aditya Deolekar, Shivanee Shrivastava, Pooja Nair, Hema Naik, Krutika Chitre,
Tanya Goveas, Aaheree Mukherjee, Gathi Prakash.
SPIL, Mumbai seeks to promote international law, contribute
to legal education with a specific emphasis on international
law, and provide opportunities for students to learn about
other cultures and legal systems worldwide. It has always
been our aim to cultivate an interest in international law, at
every level of education in this college. To further this aim,
SPIL had, at the outset of this academic year, organised a
string of workshops to orient the students with the Basics of
International Law, the Interpretation of Judgements, Legal
Writing, and Mooting in International Law. Having
established a strong platform, SPIL ensured that our members
fully exploited the benefits that our Intra-Activities offer,
including engaging Debates, articulately drafted and
informative Paper Presentations, and Workshops. The
Committee has always taken pride in the hands on help that
it offers every student who expresses an interest - SPIL has
made available to its members academic texts, books, and
databases.
The 3rd Intra College Moot on International Law received a
tremendous response, as students sought to use this
platform, as was intended, to gain invaluable experience and
practise in the unfamiliar territory of International Law.
The Committee presents, on the 5th and 6th of February, 2011,
the second edition of the Government Law College
International Law Summit. The Summit addresses an issue of
growing concern, National Security Laws and International
Policy. An association with the Indian Society of International
Law (ISIL) and the International Law Students' Association
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(ILSA, Chicago) Chapters have lent the Summit a global
presence.
In an eclectic mix of key note addresses, lectures, and
presentations, the Summit offers a global platform for
deliberation, discussion, and a never - before opportunity to
engage with greatest minds in the country.
In a spirit of innovation, the Summit launches two novel
competitions:
International Judgment Deliberation Competition, modelled
on the procedures of the International Court of Justice, and
fashioned to suit the prerequisites of competition. It
examines cyber terrorism, as the new threat to civilized
society. Delegates, after perusal of facts and arguments, will
be encouraged to hone their judgment writing skills.
The other competition, Annual Session of the International
Law Commission, is a tool to encourage free thought,
innovation and rationalisation. Taking inspiration from the
International Law Commission, the delegates will attempt to
critique, and arrive at a consensus on a Draft Convention,
dealing with the treatment of terrorists.
SPIL has always been actively engaged in conception of novel
techniques to promote, and study international law, and this
year's activities have been a manifestation of that process.
Sneha Nagvekar
President
A
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(L-R): Gurbani Walia (Student Co-Ordinator), Suhani Dhanki (Marketing Head),
Kamakshi Ayyar (Assistant Editor), Kanupriya Kejriwal (Chief Student Editor),
Aparna Bagree (Treasurer), Sherna Doongaji (Assistant Treasurer), Vidhi Shah (Student Co-Ordinator).
As far as Editors go, KANUPRIYA is about as good as they come. Not one to take things sitting down, she made sure the
committee got its dues without stepping on any toes. She was also very reliable – you could always count on Kanupriya to have
not charged her laptop when required the most or to be losing sleep over the Magazine not being completed on time or to roll her
eyes every time any of us mentioned food. That being said, she was ridiculously easy to work with (unless you insulted Salman
Khan, Sourav Ganguly or Rahul Dravid) and her wacky sense of humour made all those days spent in college and at the printers
bearable. She is undoubtedly one of the most genuine people around and you'd be lucky to know her. Thanks for putting up with
us memsahib!
KAMAKSHI is perhaps the most unique person
you'll ever meet. Her love for John Mayer, Sachin
Tendulkar, Rajnikanth and getting cheap
bargains, is so strong that it is almost
contagious. If you see her running around
college, totally flustered, it's not because of
some Magazine Committee crisis but because
she's unable to pick between Parmesha's
sandwhich, canteen food, Shiv Sagar and Smoking Joes. She is also a
brilliant designer. Working with Kamakshi has been great fun and we
hope that her back heals soon!
APARNA is a frank girl who can use the word
‘Dude’ in any context to express any emotion.
You could have your most embarrassing moment
with her, or say something absolutely ridiculous,
she’ll knit her brows but still laugh with you.
She fights for a cause, but unlike Sherna, her
cause is to ensure everyone owns a Blackberry.
At the printers, she often surprises us with
extremely “maadu” stuff, coming up with frames for a wedding
picture. The easiest way to make her leave the room, is to start
reading her poems aloud. Try it sometime!
Trips to the printers with SUHANI are
entertaining, to say the least. Random
conversations in Gujarati about wedding cards
and wedding rituals are nothing out of the
ordinary for her. Always performing dance
shows and attending calls from her Sandhya tai,
she is one busy bee! She's the most creative
amongst us all and is therefore sent to the
printers most often! How polite and sweet she is sometimes makes a
saint seem evil in comparison!
SHERNA is someone who really cares. Whether
it's a political cause, or a wounded animal, or the
legal system, she's deeply affected by
everything. Sounds boring? It's not. Her
enthusiasm is very contagious. You'd be
surprised to know the multiple talents she keeps
tucked under her sleeve; yet she is rooted in
humility. Not to forget, she bursts into laughter
in a perfectly sombre environment, upon recalling something
humourous, and tends to amuse everyone around her.
GURBANI aka Bani is the stud of our committee.
She loves going to the printers and absolutely
dotes over Apu because - "he's so CUTE!" She is
always being linked up with CERTAIN guys
because it's so much fun to see her reaction!
Even though she strongly opposes Blackberrys,
we're trying hard to convert her. Her love for the
canteen's Russian salad sandwich is as much as
her love for weird phrases like ‘aye aye aye’. Oh also, she begged us to
add that she's awesome.
VIDHI has a long list of virtues to her name, such
as her dynamic personality, quick wit and good
natured temperament, to name a few. Her
candour and frankness make her one of very few
people who you can trust implicitly. Her fashion
sense, though a tad radical, is way beyond her
time. Her seeming readiness to pick fights with
people stems from her refusal to take any sort of
injustice lying down. Her diminutive size stands in stark contrast to
the tenor of her voice, the size of her intellect, and her largesse.
Bright, pretty and entertaining, Vidhi is a pleasure to be with.
142
SHIVANEE, a really sweet friend and a
wonderful person too, has been a constant
source of support to her friends. Yes, sensitive
at times, but is a strong person also. And when
it comes to movies, she loves watching all of
them.
An avid reader who has a social network display
name as "AMRITA Workaholic Vyas" which is
truly apt for someone who works like a maniac
24/7and keeps every one who may ever need
any form of work done happy, she is the most
helpful person you can come across and is the
girl you should catch hold of in case you want
someone to do "grammar proof reads" or if you
are in search of an agony aunt.
AMBICA is petite yet aggressive, super duper
hyper & conscious about her appearance and
dressing which sometimes exasperates people!
Someone who can never get tired of clothes and
is always upbeat when it comes to shopping. A
person who can easily win peoples' hearts!
UTTARA/Uttru/Srini is a firecracker who
possesses the ability to revise the entire portion
of Economics thrice (throughly). She's
ambitious, feisty, and has excellent choice in
music. When she's not mooting or doing
committee work, she loves posing for
photographs. A hotshot lawyer in the making.
NIVEDITA, gregarious, total tomboy outside
but also a total girl at heart. She is someone
who can go out of her way to help anyone. A
hardworking female who knows how to have
fun!! That's Nivedita!
SONALI is this cute petite girl who loves to
be prim and propzahh! (proper).This little
girl knows how to make heads turn!
AASHNA has that rare ability to smile her way
in and out of everything! Yet, she'd rather
choose the path less travelled and do what she
has to in the best and most thorough manner
possible. She is a wonderful person and that
reflects upon every aspect of her life. We will
miss her when she leaves GLC!
ZEEL is a jovial girl and is fun to be with. You
must see her eye expressions when you're late
for the meeting, looks like they'll just pop out!
She wouldn't hesitate to drop down a marketing
appointment, if that costs her her food!
JAY is someone who can cheer you up at any
point of time by cracking silly jokes and singing
funny Bollywood songs. One hardly needs any
other form of entertainment when he is around.
Jay is a diligent worker with a heart of gold!
PRAKRUTI is the sweetest, politest girl that
you'll ever meet. She is smart and very friendly.
Even when she is quivering with anger, she
exudes such sweetness. She's the girl that you
want when you need some work done promptly.
SUBIR, a talented boy from far far away
(Jamshedpur) is smart, creative and quite
friendly, provided he wishes to come out of the
lost world that he usually stays in. A little self obsessed, a lot of fun, and a great guy to be
with!
It is VERY difficult to describe someone like
AMAL. He can be the sweetest person on earth
(if he wants) and he can also make you pull your
hair and go "Amal!!!" He is a bizarre mixture of
smart, stupid, irritating, lovable and crazy. An
awesome photographer, it is indeed something
to know a person like him.
SAANYA, the girl from Dilli is the real deal. Fun
- loving, sweet, impatient and highly confused.
Yet she is an awesome friend and an even better
human being!
MAULIKA, street smart and an earthy sense of
humour defines this brassy woman. With her
unique personality and random sarcastic
comments, she has the capabilty to keep people
in splits and she sure is a go getter!!
SUREKHA is honey personified. She is
intelligent, hardworking and always willing to
help. We always have a tough time explaining to
her the existence of the word 'no'!
SHRIYA! Extremely dependable, always
reliable! A beautiful southie lass with eyes to
drown in! A girl with many layers, with much
more to her than meets the eye! Has crazy mad
days! But woman you are treasured!
143
All NITISH needs for survival, is his daily dose of
Pepsi and a camera to click random pictures of
everyone and everything around him. His antics
would render you to marvel at his wit on occasions,
and at times, define the height of stupidity for you.
Nevertheless, he is always at your service when it
comes to holding curtains backstage while others
pose for pictures for the Mag or any other work
MagCom requires him to do.
Petite and delicate looking, MANALI is very
intelligent and sharp and is extremely
hardworking. Very pleasant to talk to but way
too soft. She is always ready to help and is an
amazing person worth knowing!
144
JENISHA is one of those friends who corrects
you on every wrong pronunciation and
grammatical mistake. Pretty, nice and sweet.
Gets highly annoyed at being called jenishaH.
Throw garbage on the roads, she'll swear she'll
slap you without raising a hand. An interesting
person to know, even better to befriend. She'll
work for MagCom for 3 hours designing,
remind you of it for entire week. Easiest target
to irritate without breaking into a sweat.
PRAVAL, the name some would take a while
getting used to. With his silent charm, he's one
person who can keep his cool even in the midst
of a storm. Tactful, diligent and very friendly, he
gets a thumbs - up as a committee member and
a double thumbs - up as a friend.
Meet KHYATI-pedia, the walking talking
wikipedia. She knows everything about
everything but weddings, food and Grey’s
Anatomy are her forte! She's secretly a nerd and
is perpetually on a diet! To make her happy give
her a big fat textbook or give her a car and tell
her to drive!
For MALLIKA, justifying her eating a
grasshopper on a survival camp just because
the nearest eatable (a cow) was a mile downhill
is as normal as informing you about today's
weather. Her ability of cracking the craziest
joke with a poker face, and cut-throat, witty
sarcasm always meets with tumults of laughter!
Her generosity and wit account for great
company and memorable marketing
endeavours!
Fun, witty, vivacious, smart and funny are some
of the first words that come to my mind when I
think about SALONI. She is extremely hard
working and efficient and we are sure all the
committees she works for would vouch for it.
Lakhia, as she is fondly called by all, is
absolutely fun and delightful to hang out with!!
TANISH is a sweet, quiet guy. He's really easy to
get along with and always up for any kind of
Mag work. He was made to run around
collecting cheques and not once did he crib,
though this might have been because he was
paired with a postholder! All in all a
hardworking person you can always count on.
PARIDHI is a tiny and thin girl who claims that
she lives to eat. She accidentally or by choice is
part of almost all the committees and is known
by all professors. Her love for her dog "Apple"
will wake her up on early Sunday mornings just
so that he can go to the spa!
KARISHMA is a vivacious girl. She is Indian by
birth but global by nature. She is also a
voracious reader. Diligence is a positive
attribute of hers.
SIDDHI is this brown eyed beauty who knows
how to get her work done. She is super
responsible and has her way out with words!
MANJARI, a true Bong, with amazing taste in
food and clothes alike. She is by far the most
striking personality we have come across.
Efficient in delegation and extremely
passionate about literature. She can spend
hours talking about life and love, ethics and
philosophy and has a freakishly accurate
intuition. A very genuine person and a truly
lovely friend!
VIPUL is a self proclaimed “shy” musician with
several stage shows to his credit. If you are ever
involved in an argument with him and if he
accepts he is wrong, we suggest you put it on
paper and get it signed by him. He is also
incapable of incorporating changes in articles
authored by him. 3-apparently-edited versions
of an article later, there is still no difference
between the first draft and final draft.
CHAAHAT is a quiet person who succeeded in
getting a lot of sponsorship for the Magazine
Committee. She often managed to get out of
clicking photographs of various college events
but when she did click them, it amounted to
great photography!
It is very rarely that one sights or catches a
glimpse of ROOHI at Committee events and
meetings, but when she is present, she makes
sure her voice is heard and always has a
barrage of ideas and suggestions handy! Never
one to be put down, she is full of spirit and
conviction.
New and ready to explore the city ANJALI never
minds stopping by the street at the old record
store or talking to an elderly philatelist about
what triggered his interest, during her
marketing visits around Fort. Quite a foodie at
heart, names of Marathi cuisines were the first
additions to her vocabulary here. She is a
smart, bubbly and lovely girl.
To know CHESTA, is to laugh with her. Seriously.
There is NEVER a single dull moment around
her! And somehow behind all the charades and
comic musings, lo and behold, she actually gets
all the work on her hands done! Miraculous!
AJINKYA is a guy with great ideas and a lot of
potential but he barely makes an appearance
for meetings. This is because he is very busy
with his Chartered Accountancy. We wish him
all the luck for the same.
BHAKTI's otherwise very quiet and seemingly
shy exterior is misleading. She is fierce and
there is no messing with her when she puts her
mind to something! She has this natural
capacity to enliven everyone around her and
working with her is a joy!
You couldn't have met someone who has a cuter
smile than ZAHABIA! She's cheerful, fun loving
and one of the most simple people we've ever
met! And although she thinks she has a massive
appetite it actually is nil. Love to have her
around.
DEESHA is a fun-loving girl by nature. She
is a complete movie buff! She also loves
traveling.
A very silent and intriguing guy. AYAAN is
polite, respectful and you will see him work for a
lot of committees! An amazing person and the
funniest and most entertaining when in happy
high spirits! Unbeatable at his one liners!
Basically just a lot of fun!
LAVINA can win hearts and draw eyeballs with
her amazing dance moves & don't be surprised
if you spot her all alone on a promenade at
Marine Drive or watching a movie at Sterling
because voila, she can keep good company to
everyone including herself.
Being the versatile and perpetually cheerful
person that she is, MADHAVI always does work
efficiently and manages to bring a smile to the
face of everyone she meets.
AAHEREE is as unique and difficult to
understand as a person as her name is. But once
you do get to know her, she is the biggest sweet
heart you can come across. A hard worker, a
patient, determined, gritty girl, she is someone
who calls a spade a spade. She will reply with a
comment very much dipped in sarcasm to
someone trying to be cocky. Not to forget her
love for boyish checked shirts and of course
nimbu paani.
There are happy people and whiney people. And
there are people like RIDHIKA. The positivity
she exudes can ease you through any day. She'll
pull your leg a lot, but also catch you if you fall.
Do not mistake the sarcasm for cynicism and
you will assuredly be smiling throughout your
encounter with her. If there is anyone who is
truly enjoying her journey through life, it's her.
With the continuous spankings from our
seniors, RIDDHI still knows how to make
marketing fun. With no legal background, she is
always thriving to learn more! And her habit of
adding humour, makes the meetings fun. It's
fascinating to see how she's always down with
fever when work is around the corner!
145
Sanjay Udeshi & Co.
A D V O C A T E S
402 / B, “Vikas”, top Floor, 11, N. G. N. Vaidya Road,
(Bank Street), Fort, Mumbai - 400 001
Tel.: (022) 4213 6666
Assistant Editor’s Message
The Government Law College (GLC) is the oldest law college in
India, completing 156 years this year. As you can imagine, a lot has
happened in those years that required documentation, for
posterity. That's where the Magazine Committee comes in - for the
last 81 years, we have been responsible for the way GLC has been
perceived by outsiders. I'm not going to lie, it hasn't really been a
walk in the park, but I wouldn't have had it any other way.
We've changed it around a bit this year, by interviewing two legal
stalwarts, instead of one. Sr. Counsel Mr. Harish Salve and Advocate
Mr. Satish Maneshinde were kind enough to answer our questions
quite candidly, making for a riveting read. Our annual panel
discussion 'Knock – Out!' surprised all of us by the interest it
generated this year. The topic was 'Breaking News: Supreme Court
Slams 'Sensationalist' Media. Is fiction eclipsing fact in order to ensure an 'exclusive'? ' Last
year's pattern of having all current GLC students battle it out was replaced by having current
students take on ex students. We thought this would make the debate more interesting and,
from the turnout we saw, so did the students.
Our flagship competitions - The Vyas National Legal Essay Competition, The J. E. Dastur
Memorial Short Fiction Essay Writing Competition and The Sir Dinshah Mulla Legal Essay
Writing Competition - couldn't have gone any better and we have our patrons to thank for
that. The support of Senior Advocate Mr. Dinesh Vyas, Senior Advocate Mr. Soli Dastur, and
Mr. Shardul Thacker, Senior Partner, M/s Mulla & Mulla & Craigie Blunt & Caroe has been
invaluable. For the 'After GLC' section we have write-ups from Shreyas Sridhar and Avni Shetty,
both GLC alumni. Shreyas writes about his journey from GLC to NYU to being an Associate with
Clifford Chance in London. Avni, on the other hand, tells us about her change in careers, from
pursuing law to taking part in the TV show 'Khatron Ke Khiladi'. In 'The Past Revisited' we've
reprinted an article written by Senior Advocate Mr. Rafique Dada, when he was a student of
GLC. It's heartening to know that Contract Law also tested a lawyer of his eminence and
calibre, and that it wasn't just us who found it unbearable.
As always, we were inundated with excellent articles on a variety of topics. Flipping through
the pages of this edition you will be able to read up on a variety of issues – from the various
developments in Mumbai's transport systems to the new CRZ regulations, from the state of the
Judiciary in light of the Ayodhya verdict to the issues surrounding the construction of Park51
near Ground Zero in New York City to the popular Meter Jam movement. There are poems
about marijuana, the sacrifice of soldiers and the control money wields over us, amongst
others. A balance of write-ups is what we were working towards and I think it's safe to say we
have accomplished that.
This Magazine is the outcome of the efforts of a lot of people. I've known Kanupriya, our Editor,
before I joined the Committee and I had some apprehensions about working with a friend on
an almost daily basis. Thankfully, those apprehensions dissolved almost immediately. It's been
smooth sailing (well, almost) from Day 1 and I'd like to thank her for putting up with my
eccentricities and being a brilliant Editor. The core Committee should also be thanked for all
the hard work and seemingly endless hours spent on the intricacies of the Magazine. Our
Committee members made us look at things from new angles and helped make the Magazine
better. The teaching and non - teaching staff cannot be forgotten, as their assistance at various
stages helped us accomplish our goal. A special thank you to our Professor - In – Charge
Mrs. Sushma Bansal, whose enthusiasm and constant encouragement allowed us to realize
some of our more extravagant ambitions. It was with her help that we were able to launch the
Magazine Committee website this year – www.glcmag.com. – a first for us, for which we are
extremely grateful to her. Our indebtedness and gratitude to our alumni and the legal
fraternity goes without saying. Thanks to their generosity this Magazine saw the light of day.
Finally, I'd just like to say that, though we argued through the year and may not have seen eye
to eye on certain issues, all we wanted to do was create a Magazine of the highest quality and I
can unequivocally say that that is what we have done. We were privileged to be the team that
recorded the happenings in GLC for the year 2010-2011 and I hope we have lived up to your
expectations.
Ms. Kamakshi Ayyar
Assistant Editor
147
ACKNOWLEDGEMENTS
We express our heartfelt gratitude to the following people who have, in their own way, assisted the
Magazine Committee in all its endeavours:
Counsel to the Supreme Court of India, Mr. Harish Salve & Advocate Mr. Satish Maneshinde,
for taking time out of their busy schedules to give an interview.
§Senior
§The
Bombay High Court Judges for consenting to judge the 10th Vyas - Government Law College
National Legal Essay Writing Competition.
§Mr.
Soli Dastur, Mr. Dinesh Vyas and the Mulla and Mulla Trust for their sustained support in helping
us organise our flagship events.
§Mr.
Sidin Vadukut, for judging the Belles - Lettres, J. E. Dastur Memorial Short Fiction Writing
Competition.
§Mr.
Shardul Thacker and Mr. H. S. R. Vakil for judging The Sir Dinshah Mulla Government Law College
Legal Essay Writing Competition.
§Mr.
Dinesh Vyas, Mr. S. B. Jaisinghani, Mr. Iqbal Chagla, Mr. Janak Dwarkadas, Mr. Fredun E. DeVitre,
Mr. Arif Bookwala, Mr. J. P. Cama, Mr. Fali S. Nariman, Mr. Avinash Rana, Mr. Pradeep Sancheti,
Ms. Rajani Iyer and Mr. Darshan Mehta for taking time out to narrate humorous courtroom
experiences from their illustrious careers.
§Prof.
Mr. Kishu Daswani, Mr. Kunal Dwarkadas and Mr. Arnav Shah for sparing time for Knock-Out!
and making it a success.
§Sunny
Punamiya and Shaishavi Kadakia for helping us at various stages.
§Mr.
Rajesh Bhagat, Mr. Arputham Pillai, Ms. Kruti Sheth, Mr. Manohar Khaire and
Mr. Dattatray Kumbhar of Finesse Graphics & Prints Pvt. Ltd.
§Colorama
Centre for having made the committee photographs a success.
§Mrs.
S. S. Parab, Mrs. S. S. Gole, Mr. S. Singh, Mr. A. A. Khair and all other non-teaching staff for
bearing with our constant demands.
§Finally,
we would like to thank our patrons and benefactors.
DISCLAIMER
All opinions expressed in this Magazine are the authors own and in no way reflect the views of the Editors or of the establishment.
Articles on legal issues should not be construed as legal advice.
Form IV (Rule 8)
1.
2.
3.
4.
5.
6.
Place Of Publication
Periodicity of Publication
Printer’s Name
Nationality
Address
Publishers Name
Nationality
Address
Editor’s Name
Nationality
Address
Name and address of
individuals who own the
newspaper and partners or
shareholders holding more
than 1% of the total paid-up
capital
:
:
:
:
:
:
:
:
:
:
:
Government Law College, Churchgate, Mumbai- 400 020.
Yearly
Finesse Graphics Pvt. Ltd.
Indian.
2496 1605/85
Ms. Sushma Bansal.
Indian.
Ms. Sushma Bansal.
Indian.
: Government Law College, Churchgate, Mumbai- 400 020.
I, Ms. Sushma Bansal, hereby declare that the particulars given above are true to the best of my knowledge
and belief.
Sd/Ms. Sushma Bansal.
Publishers
148
An individual has not started living until
he can rise above the narrow confines
of his individualistic concerns to the
broader concerns of all humanity.
-Martin Luther King, Jr.
M/S. WADIA GHANDY
& CO.
Advocates & Solicitors
‘A’ Road, Churchgate, Mumbai 400 020
Tel: (022) 2204 1707 | Website: www.glcmag.com

Mr. JP Cama Senior Advocate

Transcription

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