India Legal - 9 March 2020

1. NDIA EGALL STORIES THAT COUNT I March9, 2020 Judiciary’sRoleina ChangingWorld TheInternationalJudicialConference2020wasthefirstofitskindorganisedbytheSupreme Courttodiscusscontemporarychallengestothejudiciary.Therangeofspeakers,fromthe chiefjusticeofIndiaandotherseniorjudges,gavevaluableinsightsontohowthecourtsview theirresponsibilitiesinrapidlychangingtimes Coronavirus: How prepared is India?

3. | INDIA LEGAL | March 9, 2020 3 S of this writing, 42 human beings are dead and countless hundreds lie wo- unded in the hospitals of the nation’s capital because of the violence let loose on unsuspecting neighbour- hoods by frenzied, organised, hate-crazed thugs and storm troopers in pursuit of political and religious agendas embedded into the very mar- row of their bones by demagogues and prophets of blood. This is not the first time that the Indian soul has been substituted by poison. Persons of my generation do not easily forget Moradabad, Ali- garh, Meerut, Delhi 1984, Hashimpura, Trilok- puri, Chhittisingpora, Ahmedabad 2002, Bom- bay 1993 … Our history is written in vitriol. The recent targeted killings and mayhem sanitised in the media as “riots” or “clashes”, stand out more vividly than the previous acts of barbarism because we saw them, for the first time, and in real time, on social media. Rajdeep Sardesai astutely noted on Twitter: “I was asked today what was big diff between covering riots in 1992-1993 and now. My ans: there were no 24X7 ‘pseudo-nationalist’ propaganda channels to spread hate nor social media to amplify hate mongering…” Apart from the growth of the BJP, the emer- gence of powerful regional caste-based parties, the rise of consumerism following liberalisation, the decline of the Congress, nothing really seems to have changed within the soul in the post-par- titioned Indian nation. I close my eyes and I am drawn inexorably into the womb of my native Badaun in Uttar Pradesh where I first witnessed and reported first-hand on a violent communal conflagration and tried my human best to understand and explain man’s inhumanity to man. As I watch in helpless horror Delhi’s burning, I am drawn into déjà vu and I relive the nightmare of my beloved Badaun. I recorded that in a first-person article I wrote for India Today which I reproduce here. OCTOBER 1989 Badaun died last fortnight. Not that the western Uttar Pradesh town of 1 lakh residents, half Muslim and half Hindu, had much going for it. As a city it is a typical filth-choked, drain- clogged agglomeration of fly-infested bazaars and serpentine alleyways, a town of mechanics and traders, transporters, grain and cloth mer- chants, empty of industry but replete with semi- rural Harijan slums like Lotanpura and Muslim ghettos like Nayee Serai whose residents eke out a hand-to-mouth existence. Yet, those who grew up there remember it as a pleasant sort of place. Flying kites in pre-mon- soon breezes from the roof-tops of Jallandari Serai and Kacheri Road. Lining up for sugar-co- ated pedas at Mamman Khan halwai’s shop. Playing hockey at the pa- rade ground. Here, in Badaun and the nearby tehsil town of Ujhani, Muslim and Hindu milled and mixed, respected each other’s masjids and mandirs. On Eid-ul-Azha, Muslims would deliver the choicest cut of meats to Hindu households, and on Holi, Muslims dressed in the finest white khadi and silk churidaars and adorning colour- ful caps would troop to Hindu households for the traditional milan (meeting). Hindus and Muslims spoke to each other in Urdu-laced Hindustani, with Doordarshan’s Hindi universally scoffed at as some incompre- hensible tongue. After all, it was Badaun that gave birth to poets Shakeel Badauni and Fatri Badauni. POISON Inderjit Badhwar A Letter from the Editor ReferringtotheviolenceinNortheastDelhi,this isnotthefirsttimethattheIndiansoulhasbeen substitutedbypoison.Personsofmygeneration donoteasilyforgetMoradabad,Aligarh,Meerut, Delhi1984,Hashimpura,Trilokpuri, Chhittisingpora,Ahmedabad2002,Bombay 1993…Ourhistoryiswritteninvitriol.

4. 4 March 9, 2020 And it is to Badaun that Hindus have travelled to worship at the ancient Ziyarat of Sufi saints Bade Sarkar and Chhote Sarkar under the guid- ance of Muslim priests. The Ganga cuts a wide swathe at the boundary of the Badaun district. This is where lakhs of Hindu pilgrims head to participate in the centuries-old Kakora mela. R eally, Badaun is not Muslim. It’s not Hindu. Ask, in any of its outlying mohal- las which communities live there, and the answer you would get is Brahmins, Kayasthas, Mahajans, Muraos, Kurmis, Yadavas, Jatavas, Thakurs, Gaddis, Julahas, Ansaris, Pathans. Never “Hindu” or “Muslim”. And the citizens of Badaun had one proud boast. In recent years, Hindus and Muslims had rioted in adjoining areas like Shahjahanpur, Pilibhit, Moradabad, Allahabad and Barabanki. Not in Badaun. Even Partition saw limited ten- sion here. The MP from Badaun is a Congress(I) Muslim, Salim Sherwani, the MLA, a Hindu, Pramilla Mehra, minister of state for tourism. Both won on a combined vote of Muslims and an alliance of Hindu caste votes. Today this secular vote lies shattered. The Ziyarat lies abandoned of the faithful. Children no longer chase each other through the lanes of Khairati Chowk and Choona Mandi. They live in cloistered fear as Badaun limps out of 10 days of curfew. They have blood on their hands. Hatred in their eyes. Revenge in their hearts. Their souls are ruled by rumour. Every fire- cracker hurled by a mischievous child is a machine-gun attack. Vultures atop the town’s water tanks are gun-wielding fanatics of the “other” community. Truckloads of warriors are supposed to have stolen into Badaun and Ujhani from other districts. Who would believe that Badaun's riot of September 28, in which 30 lives were lost, was sparked off, of all things, by the introduction in the Vidhan Sabha of Urdu, a language which Badaun has loved? Its timing was foolish for it came when Badaun, even though the majority of its people did not give their feelings rabid expression, had begun to show signs of communal infection from the fundamentalist Hindu revivalism afoot coun- trywide, as well as from the shortsightedness of local Muslim political leaders. Better than its citizens, local criminals who typically gain political respectability by engender- ing communal riots and then emerging as community “leaders” had been able to judge Badaun as fissionable material. It started with a peaceful BJP-inspired march on September 27 mostly by students of the SK Inter College to the collectorate—amid some ugly pro-Hindu sloganeering—to present a petition opposing the Urdu bill. It was an obviously communal situation in which Hindus were eq- uating Urdu with the Government’s pampering of Muslims. Next day at 9.30 a.m., a 200-strong procession of slogan-chanting students, joined by criminal elements, marched from Islamia Inter College to SK College. It is still being debated whether this procession should have been allowed. But given the history of Badaun’s communal peace, District Magistrate Sisir Priyadarshi and Superintendent of Police N.R. Srivastava did not expect violence. It occurred when the marchers tried to force their way into the other college. They clashed. With brickbats, with knives. Priyadarshi and Srivastava rushed to the spot. Within half an hour the violence had spread downtown to the Cha- hsaraka area, the main chowk. Armed combat- ants began firing at each other from roof-tops, indicating an element of preparedness. Some 5,000 people were participating in the battle within the next hour with no more than 50 policemen conducting lathi charges and firing in Letter from the Editor Anthony Lawrence

5. the air. By the time reserves arrived from Bareilly, some 70 km away, Badaun was on fire. More than 200 shops were gutted, and places of worship damaged. Before relief could arrive, a train was held up near Badaun Railway Station and 13 people were butchered. The man arrested in connection with the incident was Ram Sewak, a Kurmi criminal-turned- politician, a history sheeter with several murder cases pending against him, a former Lok Dal “diehard” as police dossiers describe him, and of late a Janata Dal activist. “Why this in Badaun?” Prabha Shankar, Badaun’s most eminent lawyer, is asked. He responds: “It’s obvious that Hindus are not ready to tolerate their own government treating them as second-class citizens.” Shankar is not a communalist. Perhaps he doesn’t know the “pampering” he talks about, apart from the vote bank benefit to the ruling party, has a social element to it because more than 60 per cent of Muslims in the country live below the poverty line. But he does articulate a commonly-held Hindu belief that minorities have been appeased while the majority has been restrained from asserting itself, and that some day, because of mass conversions and non-acceptance of family planning, the minorities will gain an edge. And there have been no efforts by the Govern- ment to explain that given the 1941 census base— and not the 1951 in which Muslims were under- counted—the rate of growth in Muslim and Hindu populations has been about the same. I t is this kind of thinking that has caused the majority community to develop a minority complex and given credence, even in places like Badaun, to the Hindu revivalist movement. The political behaviour of the Muslims in Badaun has perhaps also been shortsighted. Their voting patterns have tended to isolate them. Though the Muslims of Badaun have voted for Hindus, they have tended to vote as a community. These patterns, of late, have disturbed Hindus of Badaun district. During municipal elections in June, Muslims turned out en masse to elect a Muslim causing some Hindu insecurity over the fact that with a Muslim MP and Muslim chairman there was a deliberate effort to create a Muslim raj. This paranoia was exploited in Ujhani a few weeks later by Janata Dal politician Sri Krishna Goyal. He made a communal speech that so gal- vanised the Hindus that they were able to elect a Hindu municipal chairman even though Muslims had rallied en masse behind Dr Nihal Ahmed. In microcosm, this was the communal divide. And in Badaun it is sharpening as the elections draw near. For the first time Hindus and Muslims have drawn blood. Out of sheer insecurity, Mus- lims will flock together even more, perhaps to the Congress (I) side. Hindus have already begun demanding from their elected leaders the release of some 60 people jailed for the killings. Some even see the criminal Ram Sewak as a Hindu hero, and the message of Hindu-Muslim disharmony is spreading into Badaun district’s villages where Yadavas and Thakurs and Muraos are being told that their identity is Hindu, that they should vote as Hindus. What the future holds is anybody’s guess. But, Badaun used to be Indian. Today it is Muslim and Hindu. | INDIA LEGAL | March 9, 2020 5 Twitter: @indialegalmedia Website: www.indialegallive.com Contact: editor@indialegallive.com PEDDLING HATE The recent targeted killings and mayhem in Northeast Delhi stand out more vividly than the previous acts of barbarism because we saw them, for the first time, and in real time, on social media twitter.com

6. 6 March 9, 2020 ContentsVOLUME XIII ISSUE17 MARCH9,2020 OWNED BY E. N. COMMUNICATIONS PVT. LTD. A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309 Phone: +9 1-0120-2471400- 6127900 ; Fax: + 91- 0120-2471411 e-mail: editor@indialegalonline.com website: www.indialegallive.com MUMBAI: Arshie Complex, B-3 & B4, Yari Road, Versova, Andheri, Mumbai-400058 RANCHI: House No. 130/C, Vidyalaya Marg, Ashoknagar, Ranchi-834002. LUCKNOW: First floor, 21/32, A, West View, Tilak Marg, Hazratganj, Lucknow-226001. PATNA: Sukh Vihar Apartment, West Boring Canal Road, New Punaichak, Opposite Lalita Hotel, Patna-800023. ALLAHABAD: Leader Press, 9-A, Edmonston Road, Civil Lines, Allahabad-211 001. Chief Patron Justice MN Venkatachaliah Editor Inderjit Badhwar Senior Managing Editor Dilip Bobb Deputy Managing Editor Shobha John Executive Editor Ashok Damodaran Contributing Editor Ramesh Menon Deputy Editor Prabir Biswas Junior Sub-editor Nupur Dogra Art Director Anthony Lawrence Deputy Art Editor Amitava Sen Senior Visualiser Rajender Kumar Photographer Anil Shakya Photo Researcher/ Kh Manglembi Devi News Coordinator Production Pawan Kumar Group Brand Adviser Richa Pandey Mishra CFO Anand Raj Singh Sales & Marketing Tim Vaughan, K L Satish Rao, James Richard, Nimish Bhattacharya, Misa Adagini Circulation Team Mobile No: 8377009652, Landline No: 0120-612-7900 email: indialegal.enc@gmail.com PublishedbyProfBaldevRajGuptaonbehalfofENCommunicationsPvtLtd andprintedatAcmeTradexIndiaPvt.Ltd.(UnitPrintingPress),B-70,Sector-80, PhaseII,Noida-201305(U.P.). Allrightsreserved.Reproductionortranslationinany languageinwholeorinpartwithoutpermissionisprohibited.Requestsfor permissionshouldbedirectedtoENCommunicationsPvtLtd.Opinionsof writersinthemagazinearenotnecessarilyendorsedby ENCommunicationsPvtLtd.ThePublisherassumesnoresponsibilityforthe returnofunsolicitedmaterialorformateriallostordamagedintransit. AllcorrespondenceshouldbeaddressedtoENCommunicationsPvtLtd. The International Judicial Conference 2020 was the first of its kind organised by the Supreme Court of India in which judges from 23 different countries and jurisdictions spoke on contemporary challenges to the judiciary. The range of speakers, including the president, prime minister, law minister, the chief justice of India and other senior judges, added gravitas and some idea of the press- ing concerns and future focus of the courts Judiciary’s Role in a Changing World LEAD 14 With the parent of a student found hanging at the SRMS Institute of Medical Sciences in Bareilly approaching the apex court, it brings out the alarming fact of a sequence of such student deaths which have been reported from the campus Mystery Deaths 22 SUPREMECOURT

7. | INDIA LEGAL | March 9, 2020 7 Followuson Facebook.com/indialegalmedia Twitter:@indialegalmedia Website:www.indialegallive.com Contact:editor@indialegallive.com Cover Design: ANTHONY LAWRENCE Cover Photo: PIB REGULARS Ringside............................8 Is That Legal.....................9 Courts.............................10 Law Campus News........12 International Briefs ........38 Media Watch ..................46 Harvest of Tears The Chhattisgarh government seems to have given inflated figures of paddy procurement and squeezed farmers at each step of the procurement process, leaving them agitated 44 In the timescale of evolution of artificial intelligence for law, a look at two seminal works from the late 1950s and early 1970s, respectively. The decades spanning the timeline are also the decades of AI in general The Law Machine MYSPACE STATES In the wake of a stern warning from the Financial Action Task Force urging Pakistan to swiftly complete the action plan on prosecuting and penalising terror financing by June 2020, cosmetic measures taken by the Imran Khan government are becoming irrelevant 31 FATF’s Firm Hand 34 The transfer of Delhi High Court judge Justice S Muralidhar while he was hearing a PIL on the violence in northeast Delhi during which he came down heavily on the Delhi police, has led to controversy Justice Denied COURTS 23 The centre’s recent appointment of a new Chief Vigilance Commissioner comes under fire from the opposition for the procedure followed and the choice of candidate The Litmus Test SPOTLIGHT 24 As China battles the coronavirus crisis, other countries are scram- bling to control the spread. India has well-developed biotech infrastructure with scientists experienced in infectious diseases The Less Visible Dimensions GLOBALTRENDS 28 Unenviable Record FOCUS India has the largest street dog population and highest number of dog-bite deaths in the world, but there is no set criteria for compensation to victims 40

8. 8 March 9, 2020 Anthony Lawrence RINGSIDE Safety precautions in New Delhi

9. | INDIA LEGAL | March 9, 2020 9 ISTHAT —Compiled by Ishita Purkaystha What is the procedure for changing one’s name in India? It is not only women who change surnames after marriage (although that is no longer an absolute convention these days) in India. Both men and women change their surnames for varying reasons like advice from astrologers, simplification of long names, and other reasons. The first step is to get an affidavit after swearing in front of a Judicial Magistrate First Class or even a Notary Public. The next step is to make public the change of name. An advertisement must also be released declaring the new name, one in an English newspa- per and another in any regional news- paper. The final step is the gazette notification. After central/state gazette noti- fies the change, the new name can be used for all purposes. ? Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day to day basis What are the legal formalities needed to start a restaurant business? Once the theme and style of a restaurant are decided, the intended business needs to be registered as a partnership or a private limited company. A host of licences and per- mits need to be obtained, such as: All for name change Stepping into the food industry Throwing out a tenant Where can a cyber crime complaint be lodged in India? Email fraud, social media crimes, mobile app related crimes, business email compromise, data theft, ATM fraud, online transaction fraud— any kind of cyber crime can be reported online on the National Cyber Crime Reporting Portal. The police department too has a cyber crime unit and such complaints can be filed at the office located in the concerned district or by registering a cyber crime FIR at the nearest police station. In cases of emergency, the national police helpline, 100, or the national women’s helpline number, 181, may also be dialled. Filing a cyber crime complaint What is the procedure for evicting a tenant before the expiry of his rent agreement? A tenant should ideally be served an eviction notice terminating the rent agreement and assign- ing a reason for doing so. The notice must give reasonable time to the tenant to look for another accommodation before he vacates the rented one. In case the tenant refuses to vacate, the landlord will have to file an eviction suit in court. The rental laws in India lay down several gro- unds for eviction—non-payment of rent by the tenant, sub-letting the property by the tenant to another party without the owner’s permission, the tenant using the premises for unlawful purposes, complaints of nuisance from neighbours against the tenant, etc. The owner may also need to get the property vacated for staying him- self, getting it renovated, putting it up for sale, or getting it demolished. Yearly health/trade licence from the municipal corporation, renewable every March FSSAI licence to operate a food business GST registration Professional tax registration, Shop and Establishment Registration Liquor licence Eating House licence Fire safety NOC Lift clearance from the electricity department Music licence Environmental clearance Signage licence to advertise the restaurant through posters, paintings, graphics, etc.

10. Courts 10 March 9, 2020 The centre rejected allegations of a starvation death in Jharkhand and of the arbitrary cancellation of nearly three crore ration cards of poor people across the country. “Let it be put on affidavit. I will respond and show all these are wrong. It is all incorrect statistics,” said Attorney General KK Venugopal to an SC bench comprising Chief Justice of India SA Bobde and Justices BR Gavai and Surya Kant. Ve- nugopal intervened during the hearing on a PIL by senior advocate Colin Gonsalves that alleged starvation deaths following denial of food in the absence of Aadhaar cards. Gonsalves claimed that as many as three crore ration cards of poor people had been cancelled by authorities across the country and a 13-year-old girl had died of starvation in Jharkhand after she was denied rations on account of non- matching of Aadhaar details with her ration card. Venugopal said the centre would file a comprehensive affidavit on the issue and was waiting for replies of state governments. No starvation deaths, says AG Venugopal to SC In an unusual development, hearings in several important matters, including the sitting of a nine-judge Constitution bench that was supposed to commence day-today hearings from February 17, 2020, to decide seven questions of law in the Sab- arimala case, had to be cancelled after five judges of the Supreme Court were infected with the H1N1 virus, commonly known as swine flu. It was Justice DY Chandrachud who in- formed lawyers gathered in his courtroom about the development. He added that the judges had a meeting with the Chief Justice of India, SA Bobde, regarding the situation and the precautionary and remedial measures that needed to be taken. Later, the Union government confirmed that five judges of the top court were affected by the H1N1 virus. All five judges were kept in home isolation. At the time of going to press, three judges had resumed work and two continued to be under home isolation/observation and were recovering. The Ministry of Health and Family Wel- fare also put in place several preventive measures within the apex court premises to bring the situation under control. They in- cluded: (1) Strengthening the first-aid post of CGHS within the Supreme Court premises; (2) providing treatment for all judges as per the protocol and giving prophylactic treatment to all who had come in contact with them, including their family members; (3) keeping all five judges in home isolation; (4) sanitising courtrooms and residences; and (5) disseminating awareness regarding preventive measures to all concerned. The Supreme Court Collegium recommended the elevation of Bombay High Court judge Justice BP Dharmadhikari as its chief justice. At a meeting held on February 24, the Collegium recommended that Justice Dharmadhikari, who was earlier the same day appointed acting chief justice, following the retirement of Chief Justice Pradeep Nandrajog, be confirmed as the chief justice. Justice Dharmadhikari, who is due to retire on April 27, is a cousin of Justice SC Dharma- dhikari who had resigned from the same High Court earlier this month. Acting Chief Justice Dhar- madhikari was first appointed a judge of the High Court in March 2004. Among the noted rulings that he gave were the death sentence for five of the six convicted in the Ahmedabad triple murder case and commuting the death sentences of the Pune 2007 rape-murder convicts. He graduated in law from Nagpur University and has been practis- ing since 1980. Dharmadhikari recommended as chief justice of Bombay High Court SC hearings derailed as five judges fall prey to swine flu

11. | INDIA LEGAL | March 9, 2020 11 —Compiled by India Legal team The Delhi High Court suspended a trial court judge who allowed a man facing multiple charges to remain on custody parole for more than five months. District Judge Virender Kumar Goyal, who was posted at Tis Hazari Courts, was suspended four days before his retirement on January 31, for allowing extended parole in connection with an Election Commission bribery case. The High Court also recommended action against the judicial officer for his “conduct”. Goyal has been suspended under appropriate rules of the Delhi Higher Judicial Service Rules and All India Services (Discipline and Appeal) Rules. The accused, Sukesh Chandrashekar, is facing trial in three different cases in three courts. An alleged middleman, he was arrested in the bribery case in April 2017 and given custody parole on July 5, 2019, by Goyal, who was then additional sessions judge, in a cheating case. The relief in one case was extended by Goyal from time to time until December 14, 2019. After being out on parole for more than five months, he was taken into custody on December 20 last year after the High Court ordered his immediate arrest. The Uttarakhand High Court sought the state government’s reply on a Public Interest Litigation challenging the constitutional validity of the Uttarakhand Char Dham Devasthanam Management Act, 2019. In his petition, BJP leader and Raj- ya Sabha member Subramanian Swamy prayed that enforceability of the Act should be stopped forthwith and that it be struck down. The petition stated that the present law is “practically state acquisition of an ancient group of religious institutions belonging to a particular religious denomi- nation and departmentalisation of the entire Devasthanam for an indefinite period”. The state government has been given three weeks’ time to file its reply. The directions were issued by a bench comprising Chief Justice Ramesh Ranganathan and Justice Ramesh Chan- dra Khulbe. The state government’s move has faced protest from the opposition Congress as well as from priests and pandas of the Badrinath shrine, who had staged demonstrations in Dehradun and in other districts. Acity court asked the Delhi Police Commissioner to submit a fresh report on the complaint about Delhi Deputy Chief Minister Manish Siso- dia’s tweet alleging that the police had set DTC buses on fire in the Ja- mia Millia Islamia violence. Additional Chief Metropolitan Magistrate Vishal Pahuja, after hearing arguments in the matter, rejected the clean chit given to Sisodia in the matter and directed the commissioner to file a fresh report by March 17. Complainant advocate Alakh Alok Srivastava strongly objected to the Delhi Police report, which stated that no cognisable offence was made out against him. During the hearing, the court recorded serious objections by the complainant on the action taken report filed by the Tilak Marg police station, New Delhi, in which the police had said they had not even received the complaint. Sisodia had on December 15 shared pictures and videos purport- edly from Jamia Nagar in which police officers were seen carrying barrels and pouring liquid onto the DTC buses. Delhi Court rejects clean chit to Manish Sisodia Uttarakhand High Court’s notice on Char Dham Act Delhi HC suspends trial court judge for giving long parole

12. in not more than 500-600 words by March 11, 2020. The themes for the colloquium include: constitutional validity of the IBC, 2016, CIRP – risks and challenges involved, moratorium and stays of suits with special reference to criminal proceedings, proceedings during the moratorium, closure, recovery and enforcement under the SARFAESI Act, 2020 dur- 12 March 9, 2020 LAW CAMPUSES / UPDATES Corporate Insolvency Resolution Colloquium at GNLU Students of the Faculty of Law, Delhi University are protesting against the non-recognition of their degrees by the Bar Council of India. Adhering to a December 2019 order of the Dehli High Court, the Bar Council of India has published a list according to which only those students who have taken admission in the Faculty of Law, till 2016-17 will get a valid degree in law. The students demand immediate approval of their degrees by the Bar Council of India. Students at Faculty of Law protest for their L.L.B degrees The Centre for Corporate and Insolvency Law (CCIL) at Gujarat National Law University (GNLU) in col- laboration with the Insolvency and Bankruptcy Board of India is organising a national colloquium on “Corporate Insolvency Resolution Process: Under- standing Emerging Issues and Challeng- es”. Authors and students who wish to submit papers can send their abstracts ing the CIRP and extension of the dura- tion of the CIRP by the adjudicating authorities and impact of this extension on IBC, 2016. Apart from the above mentioned themes, contributors may select any contemporary/emerging issue relevant to the main theme of the colloquium. Participation fee for the students is Rs 1,000 and for others Rs 1,500.

13. | INDIA LEGAL | March 9, 2020 13 —Compiled by Nupur Dogra National Multi- disciplinary Law Conference at SLS The Centre for Disability Law and Advocacy at National Law University, Odisha (NLUO) has invited original unpublished papers on the theme, ‘Protection to persons with disabilities— Challenges and Solutions’. The papers should include a comprehensive analysis of the issues being dealt with. They may be the result of either doctrinal or empirical research and provide an in- depth understanding of the issue covered under the topic. Academicians, faculty members and researchers having expertise in this area can contribute well-research- ed articles. All the papers will be reviewed and checked on anti-plagiarism software. Contributions in the form of articles should be between 5,000 and 7,000 words (excluding footnotes). All sub- missions must include an abstract of 300 to 350 words. The authors can submit original and unpublished articles that may address themes like current laws, policies and implementation challenges in developing countries, disability and role of the State and private parties, disability and non-discrimination, disability and issues of accessibility, disability and equality of opportunity and so on. Symbiosis Law School (SLS), Hyderabad is organising a national multi-disciplinary conference titled “Coherence—forming a unified whole”. It aims to provide the legal fraternity and scholars from other disciplines an opportunity to relate law to various disciplines. Perspectives of legal philosophy, legal issues involving psychology, contemporary developments in international law, legal sociology and legal history, legal issues in sports including sports science and sports management, litera- ture and multi-culturalism, medical science and legal concerns are some of the topics that will be discussed in the conference. The conference will take place from March 14 to 15, 2020. NLUO invites papers on protection to persons with disabilities The West Bengal National University Juridical Sciences (NUJS), is organising an International conference on Criminal Justice Administration: Emerging Issues in 21st Century, from March 20 to 22, 2020. The conference aims to provide an international platform for scholars to assemble and share their research on several prominent issues anticipated to emerge in the 21st century. The conference will provide an opportunity to interact with academics, researchers, law enforcement personnel, prosecutors, judges and policymakers from around the globe. The plenary sessions of the conference will include lec- tures by notable experts in the field. The sub themes of the conference include gender inequality under criminal law, individual privacy and collective security under criminal law, mental health and criminal law, process of Investigation and the reforms, sexual offences and criminal law, juvenile justice and criminal law, technology and crime, prisoners’ rights and criminal law and so on. Interested authors can present their paper at the conference. International Conference at NUJS The students have also alleged that the Faculty of Law has failed to comply with University Grants Commission (Redress of Grievances of Students) Regulations, 2019 as the administration is not even acknowledging their pending grievances for years. The students have further demand- ed reforms in the evaluation system for law students, transparency in administration, compliance with the RTI Act, disclosure of financial records, adop- tion of a constitution for the student union and basic amenities such as clean drinking water and a proper can- teen for the students.

14. Lead/ / International Judicial Conference 2020 14 March 9, 2020 Judiciary’s Role in a Changing World TheInternationalJudicialConference2020heldlastweekwasthefirstofitskindorganisedby theSupremeCourtofIndiainwhichjudgesfrom23countriesandjurisdictionsspokeon contemporarychallengesbeforethejudiciary.Therangeofspeakers,includingthepresident, primeminister,lawminister,thechiefjusticeofIndiaandotherseniorjudges,addedgravitas andprovidedanideaofthepressingconcernsandthefuturefocusofthecourts By India Legal Bureau

15. | INDIA LEGAL | March 9, 2020 15 T was a unique occasion and quite historic in many ways. The conference, based on the theme, “Judici- ary and the Changing World”, en- ded with some fascinating observations and insights. While five specific topics were listed for discussion, the conference covered a wide spectrum of legal opinion and views. Chief Justice of India SA Bobde laid down the parameters when he said: “Conferences such as these in a sense celebrate universality and seek a better expression through the challenges that the judiciaries of the world face.” He added: “This commitment underlies the creation of a transnational judicial network which thrives on the constant exchange of ideas and dialogue on common challenges that require our immediate attention.” Among the notable observations made by the chief justice of India in his address was how fundamental duties are not accorded the significance they des- erve. He said: “A feature often neglected is a chapter on fundamental duties imposing on every citizen the duties to abide by the constitution, the whole of it and respect its ideals and institution. Mahatma Gandhi once said: ‘the exercise of right depends on one’s sense of duty’. This follows from what he had written in Hind Swaraj, where he argued that ‘real rights are a result of performance of duty’. Justice Bobde went on to speak on the Indian Supreme Court, which, he noted, had charted its own course in the face of a geographically, linguistically, culturally diverse reality. In this back- drop, he commented: “India serves as a beacon of hope to independent and developing countries. The Indian Supreme Court is responsible for upholding the rights of over 1.3 billion people.” Notably, he also opined that there is a need to introduce a single law for environmental issues across the world, given the global nature of human impact on the environment. He acknowledged that there remained lingering challenges to make sure that the “courts of today are ready for the future of tomorrow”. In his address at the conference, Prime Minister Narendra Modi spoke extensively on how the rule of law was ingrained in Indian tradition. He said: “The Rule of Law has been a core civili- sational value of Indian society since ages... Law is the King of Kings, Law is supreme. In recent times, there have been some critical judicial judgments and decisions which have been the subject of global discussion. Before these judgments were delivered, several apprehensions were being expressed about the consequences. But look what hap- pened! 1.3 billion Indians wholehearted- ly accepted the judicial verdicts.” President Ram Nath Kovind, while speaking at the conference, focused on the topics of the conference—Gender Justice, Contemporary Perspectives on Protection of Constitutional Values, Dynamic Interpretations of the Consti- tution in a Changing World, Harmoni- sation of Environmental Protection vis- a-vis Sustainable Development, and Protection of the Right to Privacy in the Internet Age—and said: “These five topics cover the matrix of the challenges faced by judiciaries across the world”, and noted that the judiciary in India has been alive to these themes. The president also praised the role of the Supreme Court of India. He said: “The Supreme Court deserves admiration for carrying out many radical reforms that made justice more accessible to I PIB CHALLENGES AHEAD (L-R) SC judge NV Ramana, CJI SA Bobde, PM Modi, Law Minister Ravi Shankar Prasad and SC judge Arun Mishra at the conference

16. 16 March 9, 2020 the common man. From issuing guide- lines for preventing sexual harassment at the workplace two decades ago to providing directives for granting equal status to women in the Army this month, the Supreme Court of India has led a pro- gressive social transformation.” U nion Law Minister Ravi Shan- kar Prasad made some waves when he commented on the “sinister trend” of campaigning for judgments. He said: “[there is a] sinister trend of late, developing globally, and also in our country, that some people start campaigning as to what kind of judgments they expect. [When] the judgment is not in accordance with that, then [they] unleash all the forces of crit- icism.” He, however, emphasised that it is not as if dissent is not allowed. He further observed: ”…I’m a great support- er of social media, of freedom. I know it is empowering, but this is a dangerous trend. Judges must be left completely independent to give judgment as to what they think is correct….” While speaking on the topic concerning gender equality, Justice NV Ramana of the Supreme Court emphasised: “Merely having lofty declarations in law would not satisfy the requirement to uplift women who face discrimination day in and day out. There is sufficient scope for the judiciary to ensure a gender-just world. There cannot be any compromise in gender equality.” Justice Arun Mishra of the Supreme Court observed that today, India is the “biggest successful democracy in the world” and how dignified human existence remains India’s prime concern. He said: “To strengthen the judicial system is the call of the day as it is the back- bone of democracy, whereas the legislature is the heart, and the executive is the brain. All these three organs of the State have to work independently but in tan- dem to make democracy successful.” He added: “The judiciary has a significant role in the ever-changing world. Myriad problems are being faced today… Your presence indicates that we are united in our steely resolve against the invasion of human rights and terrorism. Our to- getherness will pave the way for global developments by evolving common standards… In the changing global sce- nario, the noblest profession can ill Lead/ International Judicial Conference 2020 Theconferencewasbasedonthetheme, “JudiciaryandtheChangingWorld”,and endedwithsomefascinatingobserva- tionsandinsightsandcoveredawide spectrumoflegalopinionandviews. PIB

17. | INDIA LEGAL | March 9, 2020 17 “Conferencessuchasthese inasensecelebrateuniver- salityandseekabetter expressionthroughthechal- lengesthatthejudiciariesof theworldface.Thiscommit- mentunderliesthecreation ofatransnationaljudicial network.” —CJISABobde “Merelyhavingloftydeclara- tionsinlawwouldnotsatis- fytherequirementtouplift womenwhofacediscrimina- tiondayinanddayout. Thereissufficientscopefor thejudiciarytoensureagen- der-justworld.” —SupremeCourtjudge NVRamana “Tostrengthenthejudicial systemisthecalloftheday asitisthebackboneof democracy,whereasthe legislatureistheheart,and theexecutiveisthebrain. Thesethreeorganshave toworkindependentlybut intandem.” —SCjudgeArunMishra “Excitingdevelopments havereshapedtheuniverse ofjudginginrecenttimes. Weareenrichedbyprece- dentfromacrosstheworld. Welearnfromthewisdomof theotherandgrowtogeth- er...comparativelawturns from...abstractiontoreality.” —SCjudgeDYChandrachud afford to be complacent and be oblivious of the various issues.” Another Supreme Court judge, Jus- tice DY Chandrachud, was his typical articulate self when he said: “Exciting developments have reshaped the uni- verse of judging in recent times”, quot- ing judgments by the constitutional courts in the United Kingdom, Malawi, South Africa, Colombia, the High Courts of Zimbabwe, Kenya and the Supreme Courts of Jamaica and Bangladesh to show how the judiciary is moving with the times. He further added: “We are enriched by precedent from across the world. We learn from the wisdom of the other and grow together. In the judges’ craft, comparative law turns from an abstraction to reality.” Supreme Court judge Justice Deepak Gupta pointed out that one of the topics which could not find place in this conference was “The Resolution of Cross Border Disputes by Arbitration or by Mediation”. “Domestic disputes such as matrimonial disputes and disputes with regard to custody of children where the parties live in different jurisdictions also needed to be addressed,” he said, adding: “There is a need for the courts to reflect the populace and the diversity present in the country. For citizens of our countries to have faith in our decisions, it is important that the benches of our Constitutional Courts are a true reflection of our population, and this, as rightly pointed out by Lord Reed cannot be done if one gender occupies the majority of seats in our highest courts.” While raising this issue, Justice Gupta invoked the need for representa- tion of transgenders, people from different religions, etc. “In our endeavour to create a ‘gender-just’ world, it is important that we remember that a gender- just world is not only for men and women, but for transgenders too.” Supreme Court justice Sanjay Kishan Kaul cautioned: “Just as the world is changing, the judiciary has to use its sy- nergy and imagination in keeping pace with the changing expectations…. The judiciary cannot be oblivious to changes in the society and to the needs of the most vulnerable.” He went on to high- light the importance of a gender-just world, saying: “The need is to weed out entrenched prejudices by way of progres- sive pronouncements, the recent one in India being the permanent commission- ing of women in the Armed Forces.” On the role of the judiciary in serving as a guard against populism, Justice Kaul said: “The judiciary plays a balancing act. The role of the judiciary thus may often become anti-majoritarian.”

18. 18 March 9, 2020 Lead/ International Judicial Conference 2020 The Zeitgeist of our times has been incredible technological advance- ment. The entire world today is inter- connected like the world wide web itself, and a small change in one corner of the world can result in changes in different parts of the world. Judiciaries all over the world are dealing with this kind of change—what might be called a rights revolution, a technological revolution and a demographic revolution. Our decisions no longer impact only those who live in our jurisdiction but also those who live in other jurisdictions— some far away. A conference like this offers opportunities for dialogue between the judges from various jurisdictions in the world to exchange ideas and gain knowledge from each other on many aspects of gender justice, right to privacy, populism, environment and sustainable development. “That India is a melting pot of myriad cultures and traditions is well known. This is equally true of its judicial system and institutions. We have assimilated legal cultures of all the civilisations who have come to our shores—the Mughals, the Portuguese, the French, the Dutch and finally the English. Right from con- ventional court systems to customary methods of adjudication and rules of evidence our systems of adjudication have been a diverse mixture of traditions of the past infused with the present, looking towards the changing times… “A well-structured judicial system is more than two thousand years old in this country and has always been the bedrock of India’s legal history. Our Constitution is magnificent not just for its detail but also for the international inspiration that it drew and it continues to draw. The Constitution-makers embraced a famous saying in the Rig Veda—‘Let noble thoughts come to me from all directions.’ “The founding fathers of this post- colonial country studied various models of Constitutions from all directions... The Constitution of India therefore, syn- thesised the perfect blend of all that came before it and tailored it to fit this country’s diversity and thought. At the heart of the Constitution was the individual and the rights of the individual were recognised as ‘fundamental’. These rights have been beautifully balanced with the demands of public order, morality and health. Amongst the dominant thoughts when the Constitution was being drafted was what Swami Vivekananda aptly said, ‘Liberty of thought and action is the only condition of life, of growth and well-being. Where it does not exist, the man, the race, the nation, or institution which bars the power of free thought and action of an individual—even so long as that power does not injure others—it is devilish and must go down’. “A feature often neglected is a chapter on fundamental duties imposing on every citizen the duty to abide by the Constitution, the whole of it and respect its ideals and institution. (I believe there are more than 50 countries in the world having specific provisions in regard to fundamental duties in their Constitu- tions.) In this regard Mahatma Gandhi once said ‘The exercise of right depends on one’s sense of duty’. This follows from what he had written in Hind Swaraj, where he argued that ‘real rights are a result of performance of duty’. “…The Constitution also created a strong and independent judiciary, which Extracts from Chief Justice of India SA Bobde’s speech at the conference “ Anil Shakya

19. | INDIA LEGAL | March 9, 2020 19 was separated from the executive and the legislature. We have strived at every turn, not just as a judicial institution but also as a citizenry, to keep these basic ideals intact. Probably the most fundamental feature of most modern Consti- tutions is the idea of the rule of law. That is certainly the motto of the Indian Supreme Court which says that where there is adherence to law there is victo- ry: ‘Ya toh dharmast tatoh jaya’. “…The Judiciary, right from 1950, looked for inspiration from across the globe to find creative solutions to constitutional problems. In the first important case on fundamental rights, (AK Gopa- lan vs State of Madras), the Supreme Court quoted law from the American, Japanese, Irish, Canadian, Australian and English courts. Ever since, we have not shied away from looking for inspiration, wherever possible… “My travels to South America, Africa and Europe have given me the pleasure of interacting with great judicial minds from various jurisdictions. These inter- actions with sister and brother judges across the world instilled in me the firm belief in the value of learning from the experiences of judges from other jurisdictions and sharing my own experiences. I learnt the truth of the words of James Russell Lowell: ‘As one lamp lights another, nor grows less, So nobleness enkindleth nobleness.’ “The common thread that binds judges across the world is a commitment to the dispensation of justice. This commitment underlies the creation of a transnational judicial network which thrives on the constant exchange of ideas and dialogue on common challenges that require our immediate attention — first and foremost, increasing diversity in the judiciary as well as the role of the judiciary in ensuring a gender-just world. “The judiciary is the guardian of constitutional values and serves to counter- balance populist forces in a commitment to the rule of law. Inherent in this role are active measures to bring women within the judicial fold. We have learnt from the illuminating session on the judiciary and gender justice that incre- mental measures are only the first step towards championing the cause of gender equality. “As judges, in the discharge of our duties we are exposed to arguments, strategies and solutions from various jurisdictions. The delivery of justice has not been untouched by the forces of globalisation. Not long ago, legal educa- tion in a foreign jurisdiction was a rare oddity. Today, the vast majority of lawyers and judges are educated in more than one country. “This globalisation of the Bar has been accompanied by the globalisation of the Bench. Increasingly confronted with transnational challenges, judges regularly reach beyond their borders to inspect the jurisprudence of other countries to discern valuable principles... “The Indian judiciary, though not in the present form, has an ancient origin. It is uniquely situated, connected by the yarn of history to the grand old traditions of common law, yet also charting its own course in the face of a geographically, linguistically and culturally diverse realities. India serves as a beacon of hope to independent and developing countries. “The Indian Supreme Court is responsible for upholding the rights of over 1.3 billion people. We have more than approximately 17,500 courts. In a country where over 22 languages and several thousand dialects are spoken, the Supreme Court has mandated the trans- lation of its judgments into nine languages. A commitment to access to justice furthers the commitment that Constitutions are not meant only to check people in power but also empower those who have been deprived of it. The provision of judgments in vernacular languages makes them accessible to people from diverse linguistic backgrounds. “As we look to the future, a significant consideration in the delivery of justice is the protection and preservation of the environment in the dispensation of justice. In one of the cases before us, we have held that ‘The present generation has no right to impede the safety and wellbeing of the next generation or the generation to come thereafter.’ “…It is said that human beings are seeds as well as parasites on Earth. We take much more than we give back to the Earth. As Richard Rogers said, ‘the only way forward to improve the quality of environment is to get everybody involved.’ “In India, we are utilising technology in innovative ways to facilitate and assist the delivery of justice. Indian courts are located across the length and breadth of our vast country. As part of the e-courts project in India, we have ensured that no matter where a judicial officer is located, from the remote mountaintops of the Himalayas to the sandy beaches of Kerala, they are electronically connected to the national judicial data grid. We have harnessed the rise of smartphone technology and telecommunications con- nectivity to streamline the delivery of service and summons, empowering our bailiffs to reach litigants accurately and efficiently across the country. “As we head into the future, we are exploring the use of artificial intelligence to automate simple tasks associat- ed with the administration of justice. With the speed of reading 1 million characters per second, the volume of “Judiciariesallovertheworldare dealingwiththiskindofchange—what mightbecalledarightsrevolution,a technologicalrevolutionanda demographicrevolution. Aconference likethisoffersopportunitiesfor dialoguebetweenthejudgesfrom variousjurisdictionsintheworld toexchangeideasandgainknowledge fromeachotheronmany aspectsofgenderjustice,rightto privacy,populism,environmentand sustainabledevelopment.”

20. …Presently our globalised world is closer than it seems. Issues are common and solutions need to be unani- mous. Major issues which are plaguing the world, including the Indian subcon- tinent, are terrorism, cyber crime, environmental degradation and health. For example, terrorism is one of the main issues which has affected every part of the world and has no end in sight. The judiciary needs to appropriately respond to this problem by evolving innovative principles and jurisprudence so that terrorism is kept at bay, while at the same time upholding the rule of law. More importantly, ‘globalisation’ demands rule of law. With the increase in cross- border dealings, movement of citizens, goods and investment, there is a requirement of stronger trust between nations. This trust can be built by creating institutions with strong emphasis on the rule of law which creates a secure environment. 20 March 9, 2020 Extracts from Justice NV Ramana’s speech at the conference Lead/ International Judicial Conference 2020 Anil Shakya “ any data for any purpose, whether research or analysis, becomes easy to deal with. But it must be treated as a tool and its introduction into the judicial system must be done with hesitation and caution. Lest it grows in directions which affect human discretion. It probably never will and the human mind will retain its supremacy. A small question and answer allays apprehensions. Would any of us have travelled to this auditorium to hear a computer speak? “The conference has also presented us with an opportunity to discuss the myriad of ways in which a foundational document can be interpreted. Drawing on the maturing traditions of comparative constitutional analysis has afforded us an opportunity to learn from the unique historical experiences of each other. Finally, across the world, significant strides are being made in the employment of technology in the dispensation of justice. “As I stand here today, I am con- scious that there is much work to be done—both in India and across the world. The two facets of globalisation that have posed the greatest challenges to judiciaries across the world are the rise of global supply chains and the pro- liferation of information technology. Technology has placed the world in the palms of our hands, making it possible to communicate with great ease across the world. But the widespread use of technology has also brought with it concerns over mass data collection and an individual’s right to privacy. Begi- nning in the 16th century, the goddess Iustitia, or as we more commonly know her today, ‘Lady Justice’ has been depict- ed blindfolded. The blindfold personifies the principle of impartiality and that justice is blind to the power, wealth or status of the parties before her. “While impartiality remains at the heart of a judge’s duty—judges are called on to look beyond the parties and into the future—to anticipate future developments in the world and ensure the courts of today are ready for the world of tomorrow.”

21. “India has contributed to the evolution of jurisprudence in many areas and our judgments have been cited with acceptance overwhelmingly by other jurisdictions such as the United King- dom, Australia, Singapore, Bangladesh and other countries in the Asian conti- nent. A special mention needs to be made of Justice Michael Kirby, who had studied Indian jurisprudence and has cited our judgments in umpteen number of Australian High Court judgments. Indian legal system is based on the sep- aration of powers, independence of the judiciary and constitutional courts with wide jurisdiction. We have a Constitu- tion which enumerates fundamental rights and duties. This Constitution has been expounded by the Supreme Court in terms of constitutional morality to make it relevant from time to time. The decisions rendered by the courts in India certainly reflect the strong demo- cratic culture prevalent in India. “In our country, there is a free statutory legal aid program, which covers almost 75 percent of the Indian population. This year we are celebrating 25 years of successfully providing legal aid to the poor. Another important feature is that there are nearly 64,000 panel lawyers and around 69,000 para-legal volunteers who are regularly rendering legal aid and conducting legal awareness programmes. “The first topic is ‘The Role of the Judiciary in Maintaining a Gender Just World’. The gravity of this topic stems from the fact that women constitute half the world’s population, perform nearly two-thirds of work five hours, receive one-tenth of the world’s income and own less than 0.01 percent of the world’s property. Most nations have recognised equality and dignity of women, whether under their Constitution or otherwise. We have all realised that merely having lofty declarations in law would not satisfy the requirement to uplift women who are discriminated against day in and day out. There is sufficient scope for the judiciary to proactively ensure a gender- just world. In this context we should realise that there cannot be any compromise in gender equality. “The second session concerns the topic ‘Role of the Judiciary Against Populism’. Rule of law is the strongest tool which protects plurality. This urges judicial readiness to intervene, but only when necessary to correct or prevent a problem that will likely not be resolved. This topic assumes fundamental importance because populist decisions affect the constitutional rights, and more often than not, rights of one group are pitted against the rights or interest of other group(s). Hence, courts will have to rise to the occasion and guard constitutional values, at the same time balancing all constitutional considerations. “The third session pertains to ‘The Constitution and its Interpretation’, which is a subject which has never had any unanimity in its approach. Interna- tionally, a facet of constitutional interpretation has been brought to the fore- front by judges like Lord Denning, Justices Marshall, Breyer, Gajendra- gadkar, Hidayatullah, Vivian Bose, Subba Rao, etc. India’s most prominent contribution to this debate is the evolution of the doctrine of basic structure in the celebrated case of Keshavananda Bharati vs. State of Kerala. This doctrine evolved from the fact that a Constitution is not merely a document laying down the ground norm. Rather, it is a process which binds generation after generation to certain promises we made ourselves, while normatively imagining what our country would be. In this context, this subject requires deeper consideration based on the differing experi- ence of the judicial minds from across continents as to how they have dealt with the question. “The fourth session concerns the topic: ‘Role of Judiciary in Environ- mental Protection and Sustainable Development’. This topic reminds me of Mahatma Gandhi, who observed that ‘the future depends on what we do in the present’. This issue has been a point of discussion since the beginning of this century and continues to be a main focus within global politics. The threat of environmental degradation is not mere hypocrisy or hysteria, it is real and we are suffering the consequences of the same every day. Recently, we have witnessed earth-shattering environmental crises such as forest fires, depletion of the ozone layer, climate change, increasing sea level, etc. We must all realise these efforts are not only for the present generation, but also are a noble task to create a safe and sound environment for future generations. “The fifth and final session of the conference, titled the “Role of Judiciary in Protecting Privacy of Citizens in the Internet Age” is a fitting finale to this international conference, as it directly confronts an issue that concerns the global citizenry, pertaining to the changing technological landscape. As individ- uals are provided services over the internet by international entities, there is a need to create a jurisprudence that moulds together both international and national concerns… “Before I end, I am reminded of Martin Luther King who observed that ‘If we are to have peace on earth, our loyalties must transcend our race, our tribe, our class, and our nation; and this means we must develop a world perspective’.” | INDIA LEGAL | March 9, 2020 21 “Majorissueswhichareplaguingthe world,includingtheIndiansubconti- nent,areterrorism,cybercrime, environmentaldegradationandhealth. Forexample,terrorismisoneofthe mainissueswhichhasaffectedevery partoftheworldandhasnoendin sight.Thejudiciaryneedstoappropri- atelyrespondtothisproblembyevolv- inginnovativeprinciplesandjurispru- dencesothatterrorismiskeptatbay, whileatthesametimeupholdingthe ruleoflaw.Moreimportantly, ‘globalisation’demandsruleoflaw.”

22. Supreme Court/ UP Medical College 22 March 9, 2020 HEN Anadi Dixit, father of Ananya, a deceased medical student, appr- oached the Sup- reme Court to get justice for his daughter, he was supported by other parents who are alarmed at the number of apparent suicides of students. Within 10 days of joining Sri Ram Murti Smarak (SRMS) Institute of Medical Sciences, Bareilly, in September, 2017, Ananya was found hanging from her hostel ceiling fan. According to the police, Ananya hanged herself due to depression, but her parents have refuted this version and have blamed the college authorities for hush- ing up the matter. Now, her death has brought together the parents of other students who too were found dead in the same campus hostel under mysterious conditions. They all allege that there is a similar pattern in all these deaths as there are no suicide notes. An online campaign under “Justice for Ananya” was also initiated on change.org which went viral on several social networking sites. As of 2018, around eight such mysterious deaths have been reported from the campus. The first case is said to have been reported in 2002 when a second-year student, Yogesh Mishra, died at SRMS College after consuming poison. Thereafter Anika Singhal was found hanging in her room and two years later, Deepak Tripathi allegedly com- mitted suicide. That same year, Syed Hassan Meh- ndi, a second-year student, was found dead under suspicious circumstances. In 2015, a third-year student, Priyanka Singh, was also found hanging in her room, as was Yash Kumar, a first-year student, a year later. In September 2017, Ananya Dixit was found similarly circumstances while in 2018, a student named Harshit was found dead in suspicious circumstances. The fact is that there is no stop to such mysterious deaths even after complaints have been raised at various levels, including the National Human Rights Commission which has asked for a detailed report on these deaths on the campus. The petitioner, Anadi Dixit, alleges that the local police has not been prob- ing the deaths properly which forced him to take the matter to the Supreme Court, seeking a CBI probe. The petitioner also asked for the de-licensing of the institute by the Medical Council of India. The petitioner’s most serious allegation is that the college authorities have tampered with the evidence, stall- ed proper investigation by police, and influenced the media in regard to these cases. The matter will now be listed in the Court for arguments. Mystery Deaths WiththeparentofastudentfoundhangingattheSRMS InstituteofMedicalSciencesinBareillyapproachingtheapex court,itbringsoutthealarmingfactofasequenceofsuch studentdeathswhichhavebeenreportedfromthecampus By Ananthu Suresh SHOCKING EVENTS The SRMS Institute of Medical Sciences, Bareilly, where mystery deaths have been reported at the hostel W Thefactisthatthereisnostoptosuch mysteriousdeathsevenaftercomplaints havebeenraisedatvariouslevels, includingtheNHRC,whichhasaskedfor adetailedreportonthedeaths. www.srms.ac.in

23. | INDIA LEGAL | March 9, 2020 23 Courts/ Judge’s Transfer/ Justice S Muralidhar HILE Delhi’s streets were convulsed by violence and death, Justice S Muralidhar was tak- ing a unique approach to the crisis in the Delhi High Court. While hearing a petition seeking filing of FIRs against BJP leader Kapil Mishra and others for giving inflamma- tory speeches, Justice Muralidhar asked for the videos to be played in the courtroom and said: “This is really disgust- ing. How can a police officer say that he hasn’t watched the videos which are all over the place? I’m shocked to see such a sorry state of affairs of police which is responsible for maintaining law and order in the national capital.” He added that there was no reason why FIRs shouldn’t be registered against those involved in violence. “Everyone who is responsible should be brought to book,” said the judge, while ordering police officers present in the Court to communicate his anguish to the Police Com- missioner of Delhi and decide on filing of FIRs. Shortly after this hearing, the official notification for the transfer of Justice Muralidhar was sent out. The Supreme Court Collegium had recommended his transfer to the Pun- jab and Haryana High Court on Febru- ary 12, 2020. Justice Muralidhar had agreed to his transfer and subsequently, a notification was issued by the Dep- artment of Law and Justice declaring the transfer official. While the timing of the order remains a bone of conten- tion, it is a sad loss for the Delhi High Court where he was appointed as a judge in 2006 and pronounced several landmark judgments, such as: SECTION 377 VERDICT A two-judge bench of the Delhi High Court, including Justice Muralidhar, had decriminalised sex between con- senting adults of the same gender by holding the penal provision “illegal”. Later, the Supreme Court too legalised homosexuality in India. The verdict was praised by the LGBTQI community worldwide. HASHIMPURA MASSACRE A two-judge bench headed by Justice Muralidhar overruled the verdict of the trial court which had acquitted 16 former Provincial Armed Constabulary personnel in the Hashimpura massacre case, and sentenced them to life. BALMIKI COMMUNITY In the murder of a 60-year-old Dalit man and his handicapped daughter in Hisar, Haryana. a bench comprising Justices Muralidhar and IS Mehta convicted 33 people belonging to the Jat community. Justice Muralidhar in his order said that the attack was deliberate targeting of the Balmiki community. He also observed that “71 years after Inde- pendence, instances of atrocities against Scheduled Castes by those belonging to dominant castes have shown no sign of abating”. He observed that the incidents that took place in Mirchpur over April 19-21, 2010, served as yet another grim reminder of “the complete absence of two things in Indian society,” as noted by Dr BR Ambedkar while tabling the final draft of the Constitution—one was “equality” and the other “fraternity”. CONVERSION CASE The Muslim father of a girl filed a complaint before Justice Muralidhar’s bench, saying his daughter had converted to Hinduism after marrying of her own free will. The Ghaziabad police had arrested the couple from JNU. Justice Muralidhar observed: “In the status report filed today nothing is stated about how the police of PS Loni could so easily come to JNU and take away the petitioner Nisha and how Nisha, despite being over 21 years of age, was simply handed over to her parents by the investigating officer knowing fully well that she had married Sandeep of her own free will. Inspector Rajesh Kumar, Additional SHO of PS Vasant Kunj (North), stated that he had no prior intimation of the visit by police officials from PS Loni in Ghaziabad. If that is the case, it begs the question as to why they did not insist on following the letter of the law and instead simply allowed the police officials from PS Loni to take away two adults from the JNU campus.” He ordered that the couple be reunited immediately. Justice Denied ThetransferofDelhiHCjudgeJusticeSMuralidharwhilehe washearingaPILontheviolenceinDelhiduringwhichhe camedownheavilyontheDelhipolice,hasledtocontroversy By Gautam Mishra W WhilethetimingofJusticeMuralidhar’s transferremainsaboneofcontention,it isalossfortheDelhiHCwherehewas appointedasajudgein2006andpro- nouncedseverallandmarkjudgments.

24. Spotlight/ Chief Vigilance Commissioner Appointment 24 March 9, 2020 AST WEEK, the central government announced the appointment of the new chief vigilance commissioner (CVC) and the chief information commissioner (CIC). The high-powered selection committees headed by the Prime Minister chose Sanjay Kothari, Secretary to the President, as the new CVC and Bimal Julka as the next CIC. Julka is serving as an Information Commissioner and his elevation as CIC is routine, but the selection and appointment of the CVC has stirred a hornet’s nest. Congress leader Adhir Ranjan, the opposition member in the committees, strongly objected to the appointments. He said that the papers provided by the PMO disclose glaring and fatal infirmi- ties with the (search) committee itself. He went on to elaborate that the entire process was questionable because one of the search committee members— Finance Secretary Rajiv Kumar—him- self turned out to be an applicant for the CVC, and was actually shortlisted. Ranjan’s ire was more against the procedure followed in the appointment of the CVC, than against the person appointed: “The Prime Minister is under constitutional obligation to pro- tect the integrity of governmental processes. What is being done is that the vigilance watchdog is being turned into a protective shield for the government. We saw the conduct of the CVC in Modi’s first term; the Prime Minister has demolished the institutional framework that is meant to fight corruption.” This raises two pertinent and critical issues. One, the institutional integrity of the Central Vigilance Commission, and, second, as to how former CVC KV Chowdary had severely damaged the credibility and reputation of the organisation as well as the Central Bureau of Investigation (CBI). The then vigilance chief had brazenly lobbied for Additional Director Rakesh Asthana in his confrontation with Director Alok Verma on corruption charges, creating an unseemly controversy. In fact, Chowdary, belonging to The Litmus Test Thecentre’srecent appointmentofanew CVCcomesunderfire fromtheoppositionfor theprocedurefollowed andthechoiceofcandidate By MG Devasahayam L NEW CHARGE Sanjay Kothari, Secretary to the President, is the CVC now sarkaritel.com

25. | INDIA LEGAL | March 9, 2020 25 the Indian Revenue Service, has had a controversial career. Former CBI director Ranjit Sinha had also investigated Chowdary’s role in a high-profile investment fraud case, popularly known as the Stock-Guru scheme. Chowdary’s appointment as CVC in 2015 was challenged in the Supreme Court in a PIL and his role in these cases and others was raised. But a bench led by Justice Arun Mishra dismissed the case in July 2018. Even before Chowdary was appointed as the CVC, several representations were made to the Prime Minister and other members of the selection committee. This was done because, apparently, word had got out that the government had made up its mind to appoint Chowdary as the CVC. The representations stated specific reasons as to why he was not suitable for heading an important anti-corruption institution. However, despite all this, the government went ahead in appointing Chowdary and the Supreme Court dismissed the challenge. It is ironical to note that in 2011, a three-judge bench of the Supreme Court, comprising Chief Justice SH Kapadia and Justices KS Radhakrishnan and Swatanter Kumar, had struck down the appointment of PJ Thomas as CVC because of the Kerala palmolein import case being heard in a special court in which he was an accused. I nstitutional integrity was held as the primary reason for setting aside the appointment though Thomas’s personal integrity was not commented upon. More significantly, soon after demitting office as CVC, Chowdary joined the board of Reliance Industries as an independent director. The CVC is India’s top anti-corruption watchdog. The Commission is con- sidered the apex integrity institution of the country. Apart from overseeing the vigilance administration, it has also been tasked with superintendence over the CBI in corruption cases and is also the designated agency for the protection of whistleblowers and examination of their complaints. It acts as a watchdog over the central government and its instrumentalities. The Supreme Court in the landmark judgment in the Vineet Narain case (1997) had directed the following: “The Central Vigilance Commission shall be given statutory status. Selection for the post of Central Vigilance Commissioner shall be made by a Committee comprising the Prime Minister, Home Minister and the Leader of the Opposition from a panel of outstanding civil servants and others with impeccable integrity to be furnished by the Cabinet Secretary. The appointment shall be made by the Presi- dent on the basis of the recommenda- tions made by the Committee. This RepresentationsagainstChowdary statedreasonswhyhewasnotsuitable forheadinganimportantanti-corruption institution.Despitethat,thegovernment wentaheadinappointinghim. TAINTED TENURE Former Central Vigilance Commissioner KV Chowdary (far left) at a talk organised by the CVC in New Delhi UNI

26. 26 March 9, 2020 shall be done immediately.” Pursuant to the said judgment, Parliament passed the Central Vigilance Commission Act, 2003, giving statutory status to the Commission. It had incorporated the order of the Court for the selection and appointment of the CVC. It is imperative therefore that the process and pro- cedures are followed meticulously. This does not appear to have been done in the case of Kothari, hence the controversy. S imilarly, another anti-corruption watchdog, the Lokpal, has also been devalued. Touted as “the supreme watchdog of India’s governance and integrity”, the objective of the Lok- pal Act that received presidential assent on January 1, 2014, is to provide for the establishment of a body for the Union to inquire into allegations of corruption against high public functionaries. Soon after the NDA government took over in May 2014, Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh stated in the Lok Sabha: “With the recent amend- ments carried out in the CVC Act, 2003, through the Lokpal and Lokayuktas Act, 2013, and the powers and functions already available with the Commission, the CVC is in a position to function in an independent and assertive manner for tackling corruption cases.” After prolonged procrastination, on March 23, 2019, the NDA government appointed Justice Pinaki Chandra Ghose as chairperson, Lokpal. Other judicial members of the Lokpal are Justices Dilip B Bhosale, Pradip Kumar Mohanty, Abhilasha Kumari and Ajay Kumar Tripathi. Non-judicial members are former IAS officers Dinesh Kumar Jain and Indrajeet Prasad Gautam, former IPS officer Archana Ramasund- aram and former IRS officer Mahender Singh. Not only the method and timing of the appointment of Lokpal, its com- position itself had become a subject of controversy because there were charges against the chairman and some members too. Despite the passage of one year, there is no news about this “supreme watchdog” functioning. No “public func- tionary” has been arraigned before it so far. Even the humungous corruption charges in the Rafale deal never went to the Lokpal. They were dealt with by the Supreme Court mostly through “sealed covers”. On November 14, 2019, the Court dismissed all petitions seeking review of its verdict delivered on December 14, 2018, on the controversy and upheld the previous judgment stating that no irreg- ularities or corruption had been found in the deal. Nobody is questioning Kothari’s integrity and, being former Secretary, Department of Personnel & Training, he has all the qualifications to be CVC. But he is inheriting an unsavoury institutional legacy. He needs to work hard and relentlessly, to get rid of this stigma as quickly as possible. And that will be his litmus test! —The writer is a former Army & IAS officer “ThePMisunderconstitutional obligationtoprotectthe integrityofgovernmentalprocesses... thevigilancewatchdogisbeing turnedintoaprotectiveshieldfor thegovernment.Wesawtheconduct oftheCVCinModi’s firstterm;thePMhasdemolished theinstitutionalframeworkmeant tofightcorruption.” —AdhirRanjan,Congressleader ANTI-CORRUPTION WATCHDOG The Central Vigilance Commission headquarters in New Delhi Spotlight/ Chief Vigilance Commissioner Appointment governancenow.com

28. Global Trends/ Outbreak of Novel Coronavirus 28 March 9, 2020 HE novel coronavirus (COVID-19) epidemic, which struck China’s Hubei province in December 2019, now has the potential to become a pandemic across the world, according to the World Health Organisation (WHO). According to the WHO February 25 situation report, 80,239 people (including 908 new cases in the last 24 hours) in 33 countries have been affected by the virus. China topped the list of affected countries with 77,780 cases (518 new cases) with 266 deaths. Only a week earlier, Chinese President Xi Jinping’s statement to the Politburo of the CPC that the coronavirus had not yet peaked made a case for continuing with the strict centralised measures to control movement of people for work or travel. Chinese authorities, in an unprecedented move, have announced the postponement of the National People’s Congress, the country’s parliament, after President Xi warned that the coronavirus was the “worst public health crisis facing the AsChinabattlesthecrisis,othercountriesarescramblingtocontrolthespread.Indiahas well-developedbiotechinfrastructurewithscientistsexperiencedininfectiousdiseases By Col R Hariharan The Less Visible Dimensions T IMPENDING PANDEMIC China is facing its worst public health crisis. A coronavirus patient (below) being rushed to an emergency facility. UNI

29. | INDIA LEGAL | March 9, 2020 29 country” since the founding of the PRC. The just-concluded WHO-China joint mission has made a range of find- ings about the transmissibility and the severity of the disease and the impact of measures taken. Dr Tedros Adhanom, Director General of WHO, in a press briefing to release the report on Feb- ruary 24 said that in China the epidemic peaked and plateaued between January 23 and February 2. It is small consola- tion to other countries like South Korea, Iran and Italy where the virus has spread rapidly , that the novel coronavirus is declining steadily in China since February 2 as stated by the Director General. The joint mission found the fatality rate in China to be between 2 percent and 4 percent in Wuhan, the epicentre of the viral attack, and 0.7 percent out- side Wuhan. People with mild attacks recovered in two weeks, while people with severe or critical disease recovered within three to six weeks. The WHO is yet to describe the epidemic as a “pandemic”. Usually, the geo- graphical spread of the virus, the severity of disease it causes and the impact it has on the whole of society determine whether to call it a pandemic. In the words of Dr Adhanom, “For the moment we are not witnessing the uncontained global spread of this virus and we are not witnessing large-scale severe disease or death.” In WHO’s assessment, the virus has the “pandemic potential”. Describing the current situation, the head of WHO added, “What we see are epidemics in different parts of the world, affecting countries in different ways and requir- ing a tailored response.” While the sudden increase in new cases was certainly very concerning, using the word pandemic now does not fit the facts, but it may certainly cause fear. H e said “this is not the time to focus on what word we use…we do not live in a binary, black- and-white world. It is not either-or. We must focus on containment, while doing everything we can to prepare for a potential pandemic”. However, the world does not seem to care about the semantics describing the virus as epidemic or pandemic. The world view was reflected in CNN head- lines of the virus story: “DOW plunges 1000 points on Coronavirus fears; gains of 2020 wiped out” and “Coronavirus cases top as markets plunge in pandemic fears.” Summarising the global impact of the virus, the South China Morning Post, the Alibaba-owned Hong Kong daily, was more forthright. Its opinion piece was headlined “Whatever the trigger, a global financial melt-down is inevitable.” In recent times, no other happening, let alone a virus attack, in a country has had such a huge worldwide impact. Even the 2009 H1N1 influenza outbreak in the US due to which over 60 million Americans were affected, resulting in 274,304 hospitalisations and 12,469 deaths did not have such an effect. While there has been an outpouring of spontaneous sympathy for the Chin- ese people and all those affected by COVID-19, countries have reacted with extreme caution in their response. Most countries, including India, have shut the door for transit of people and goods from and to China. The same restric- tions are being applied to other frontline countries affected by the viral attack in Iran, the GCC, South Korea, Japan, Singapore and Thailand. As globally networked media kept track of the rapid spread of COVID-19, social media has gone into full throttle with real-time information interlaced with misinformation; quite a few even suggested home remedies and spells to tackle the virus threat. Social media audiences were attracted in huge num- bers to recycled stories speculating about COVID-19 as China’s bio-weapon experiment gone wrong. In particular a tweet by Kyle Bass, a businessman, claimed “A husband and wife Chinese spy team were recently removed from a Level 4 Infectious Disease facility in Canada for sending pathogens to the Wuhan facility” was retweeted over 12,000 times. The tweet linked to CNBC News’ July 2019 report that the researcher and her husband (branded “Chinese spies” in social media) and some of their graduate students were escorted out of the National Microbiology Lab (NML) in ThejustconcludedWHO-Chinajoint missionfoundthefatalityratein Chinawasbetween2%and4%in Wuhan,theepicentreoftheviralattack, and0.7%outsideWuhan. Twitter

30. Global Trends/ Outbreak of Novel Coronavirus 30 March 9, 2020 Winnipeg, amid RCMP investigation into what was being described as possible “policy breach” and “administrative matter”. The conspiracy story that fig- ured in a video on Chinese social media Tik Tok was watched more than 350,000 times. US Republican Senator Tom Cotton gave further credence to the speculation by persistently raising the possibility that the virus had originated in a highsecurity biochemical lab in Wuhan. The Wuhan Institute of Virology, a subsidiary of the state-owned research body, Chinese Academy of Sciences, was opened five years ago when a decision was taken after the last deadly SARS coronavirus attack in 2003. Scientists carried out virus research at the institute with the highest level of biological containment available in China. According to a report in The New York Times, the lab came under the spotlight in January 2020, after Chinese scientists said “the virus could have a connection to bats via an intermediary, such as some form of game sold at a seafood market in Wuhan. This seems to have triggered the theories of novel corona virus originating from game meat in the market.” China’s low international public credibility a kernel of truth in the news report on two Chinese scientists working in PHAC and their visit to China probably resulted in the persistence of conspiracy theories. According to a January 27, CBC report, Dr Xiangguo Qiu, a medical doctor and virologist from Tianjin, China, came to Canada for graduate studies in 1966. Qiu continues to be affiliated with the university there and has brought many students to help in her work. She developed a treatment for the deadly ebola virus, which killed more than 11,000 people in Africa (2014-16). Her husband, Keding Cheng, works at the Winnipeg lab as a biologist. He has published research papers on HIV infection, severe acute respiratory syndrome (SARS), E.coli infections, etc. It said, a month later, CBC discovered the scientists at the NML had sent live ebola and heni- pah viruses to Beijing on Air Canada flight on March 31. According to PHAC all federal policies were followed. However, the agency would not confirm if the March 31 was part of the RCMP investigation. The Chinese government has tried to crack down upon social media posts on the viral attack. In spite of this, the quick spread of unverified information and misinformation even in that controlled society has dramatically demon- strated social media’s enormous influ- ence in conditioning public perceptions. T he moral of the story is: all government agencies have to learn to establish their credibility and develop the art of communicating to the public immediately to quell rumours and misinformation. There is a Chinese saying: “When the winds of change blow, some people build walls and others build windmills.” Unfortunately, the State, confronted with the challenges of social media, will have to learn not only to build walls to ward off misinformation but also to build windmills to take advantage of social media’s capability to develop a counter-narrative. The international Convention on the Prohibition of the Development, Pro- duction and Stockpiling of Bacteriologi- cal and Toxin Weapons (CPSBT) and their destruction, was signed on April 10, 1972, and came into force on March 26, 1975. It is now ratified by 180 countries. The CPSBT is special because, unlike other international conventions based on the Geneva Conventions or Rome Statute, it was the first multilater- al disarmament treaty banning an entire category of weapons listed as weapons of mass destruction (WMD). India ratified the CPSBT on July 15, 1974. Since then India has improved its capabilities in biotechnology largely for peaceful use. The country has well-developed biotech infrastructure with well qualified scientists experienced in infectious diseases and bio-containment lab- oratories including Bio safety levels 3 and 4. India has avowed not to make biological weapons. The Defence Re- search and Development Organisation (DRDO) primary research lab is located in Gwalior, MP. Its work focuses on co- untering biological threats like anthrax, brucellosis, cholera, plague, small pox, viral haemorrhage fever and botulism. The Indian armed forces are trained for nuclear, biological and chemical (NBC) warfare. In 2003, after AlQaeda training manuals revealed that terrorists were trained in the production and use of toxins such as ricin, Indian security agencies also became concerned at the possibility of terrorists launching biological attacks. Since then much progress has been made in training troops in NBC warfare and to handle biological attacks by terrorists. India and the Un- ited States signed a new 10-year defence framework agreement on June 3, 2015. Its provisions include working coopera- tively to develop defence capabilities, including in NBC protection. —The writer is a retired military intelligence specialist on South Asia, associat- ed with the Chennai Centre for China Studies and the International Law and Strategic Studies Institute “Thisisnotthetimetofocusonwhat wordweuse…wedonotliveinabinary world....Wemustfocusoncontainment, whilepreparingforapotentialpandemic.” —DrTedrosAdhanom,Director General,WHO

31. | INDIA LEGAL | March 9, 2020 31 Global Trends/ Pakistan T was a foregone conclusion that Pakistan would remain on the grey list of the Financial Action Task Force (FATF) as it needed just three votes to avoid the blacklist. With new equations emerging in the region and the Islamic world, China, Pakistan’s old ally, and its new partners—Turkey and Malaysia—came to its rescue at the Paris meeting. Pakistan was hoping that positive signals emanating from Washington and other western capitals, and the “cosmetic sentencing” of the UN declared terrorist Jamaat-ud-Dawa chief Hafiz Saeed might help it get off the hook but it was woefully short of implementing the 27-point FATF Action Plan. The FATF acknowledged that Pakistan has made “notable improve- ments” and has “largely addressed” 14 out of 27 action items. However, its stern warning, strongly urging Pakistan to “swiftly complete” the full action plan by June 2020, which includes significant and sustainable progress especially in prosecuting and penalising terror financing, otherwise it will be forced to take action, shows that the watchdog has serious concerns about the official intent and the judicial process. At the Paris meeting, the biggest concern of the FATF was low conviction rate in terror-financing related cases. Till now, more than 2,000 people have been tried for terror-financing and other terror-related crimes but only 50 have been convicted with short-term jail sentences. This lack of will or connivance on the part of the Pakistani military establishment and security agencies has been FATF’s Firm HandInthewakeofasternwarningfromFATFurgingPakistantoswiftlycompletethefullaction planonprosecutingandpenalisingterrorfinancingbyJune2020,Pakistan’scosmetic measuresarefastbecomingirrelevant By Asif Ullah Khan I twitter.com

32. 32 March 9, 2020 Global Trends/ Pakistan very much evident in the case of Saeed. The most visible face of terrorism has been arrested and tried on numerous occasions but has been let off by the courts based on weak evidence. In early 2017, Pakistan launched a crackdown against the JuD, placing Saeed under house arrest. However, he was released in November 2017 after the Lahore High Court refused to extend the period of his confinement. As many as 23 first information reports (FIRs) had been registered against Saeed and other JuD leaders at police stations in various cities of Punjab. Saeed has been named accused in 29 cases about terror- financing, money laundering and illegal land grabbing. The same ploy can be seen in the Lahore anti-terrorism court's verdict, which even the US has welcomed. Saeed and his close aide, Malik Zafar Iqbal, have been jailed for five and a half years each in two cases under various sections of the Anti-terrorism Act, which do not specifically deal with terror-financing. The two convicts have got five-year jail term under Section 11-N of the Act, which deals with money laundering, illegal fundraising and buying properties from raised funds and another five-year term under 11-F (2) for being a member of a banned outfit, arranging activities of the organisation and extending support. The convicts can appeal against the decision in the Lahore High Court. Mohammed Rizwan, Toronto-based journalist of Pakistani origin, and a fellow at Pragmora Institute, told India Legal: “From Pakistan's side on the eve of the Paris plenary meeting they have again used their age-old playbook of making an arrest here and arranging a conviction there but surprisingly it's working. Every time they take these cosmetic measures and FATF gives them temporary relief. So why would they change a policy that is working?” Also, Pakistan thinks it has nothing to do with terror-financing and sponsor- ing and its all politics sponsored by India, Rizwan added “Now it’s the job of FATF countries to make them see beyond their politics mantra and do something about terror-financing. So basically, it’s coming down to whose resolve is stronger. Contrary to the belief that the US needs Pakistan in Afghanis- tan and that’s why it is not pushing Pakistan, I believe it is about making Pakistan fall in line with the US-India equation on the Indo-Pacific.” “As a journalist working in Pakistan I saw on numerous occasions first- hand the state patronage of LeT, JuD and JeM and their ability to openly operate in Pakistan but times have changed now and the new buzzword is hiding them and showing to the world that they are not assets anymore. Maybe it’s true for a small number of people in the security establishment but by and large the assets are just on mute for the time being,” he said. The recent so-called conviction of Saeed is another example of cosmetics. The prosecution made such a weak case that it was a surprise that judge under instructions still went ahead and convicted Saeed. This conviction can easily be thrown out on merit in appeal when the time is ripe, Rizwan told India Legal. Another Pakistani journalist, who does not want to be named, concurs with this view. H e told India Legal a general impression was created in the country that the arrest and conviction of such a high-prized target like Saeed would be enough to convince FATF. However, it did not cut much ice at the Paris meeting as it (FATF) wants an across-the-board crackdown on terror-financing and dismantling of the terror infrastructure. Apart from Saeed and Azhar Masood of Jaish-e-Mohammad, it wants all other terror groups which are under its radar to be targeted. “That is why FATF has made it clear that it does want Pakistan to strictly complete the remaining tasks and it will observe and monitor the government’s action. It has also added to Pakistan’s worries by offering to train Pakistanis and provide a mechanism for it. If this happens, it will expose a lot of things,” he added. HafizSaeedregularlyappearsonTVand hasrebrandedJuDasacharityorganisa- tion.NoonedaresprobehimaboutJuD’s otheractivitiesdespitethefactthatLeT andJuDaretwofacesofthesamecoin. UNI

33. | INDIA LEGAL | March 9, 2020 33 He told India Legal it is time for Pakistan to rethink on the policy of using non-State actors to achieve political and strategic aims. “Of late, JuD rebranded itself as a charity organisation to deflect the attention of international agencies. The military-controlled media continuously tries to project it as a charity organisation and not a terrorist group. Saeed regularly appears on TV talk shows and no one dares probe him about JuD’s other activities when the whole world knows that LeT and JuD are two faces of the same coin. That is why FATF did not even mention Saeed’s name in its press statement,” he adds. The sudden and mysterious escape of Ehsanullah Ehsan, a former spokesman of Tehrik-i-Taliban Pakistan and later Jamaat-ul-Ahrar, clearly indicates how the security agencies play footsie with terrorists. The man involved in the attack on Malala Yusufzai and numerous killings surrendered after negotiating a deal with the military establishment and there is complete silence on the government's part on how such a high-prized terrorist can escape from under the nose of the security agencies. On condition of anonymity, the journalist added, “People believe Ehsanullah's escape is a part of the US- Taliban deal in Afghanistan. Pakistan is hoping that by helping the US it might get some relief from the FATF. However, it sends a very wrong signal about the intent of Pakistan’s seriousness in dealing with terrorists. It shows that the state has no qualms in striking deals with terrorists rather than bringing them to justice.” He further states that the issue of Ehsanullah’s escape may come up in the next FATF hearing. D r Adil Rasheed, research fellow at Manohar Parrikar Institute for Defence Studies and Analyses, wonders how long Pakistan will keep playing hide and seek with the international community. Dr Rasheed said: “FATF’s growing frustration with Pakistan’s lies on the supposedly ‘missing’ Masood Azhar and its ‘failure to complete its action plan in line with the agreed timelines’ has again exposed Islamabad’s ruse on terror- financing. Even as its economy teeters on the brink, does Islamabad seriously believe it can hoodwink the world with its ‘fake arrests’ and money laundering shenanigans? If it thinks so, then sadly it is only deceiving itself.” Husain Haqqani, former Pakistani ambassador to the US, says Pakistan’s promises of shutting down terror training camps and choking terror-financing has to be taken with a pinch of salt as there is little change in its attitude towards militancy, particularly the one directed against Afghanistan and India. However, for the first time Pakistan is facing real pressure from the international community as the FATF action plan on compliance with the terror- financing regime presents a real danger to the country, which has been on and off the FATF’s grey list for more than a decade. The FATF decision not to blacklist Pakistan, which would have delivered a severe blow to its already weak economy, has given another breather to turn around things. But the question is how long Pakistan will continue to define terrorism in its terms. Even China, its trusted ally, which has helped it at international forums, too seems to have run out of patience. It has been more than 18 months since Imran Khan, propped up by the military, came to power. The economic mess he inherited forced him to seek a $6 billion IMF bailout and bilateral loans of billions of dollars from friendly countries like China, Saudi Arabia and the UAE. The strict IMF terms, instead of reviving the economy, have choked it. New taxes and hikes in power, gas, and water tariffs as part of the IMF plan to increase revenue, has hit the middle class, the main supporters of Imran. The Pakistani army knows that not ful- filling the FATF action plan can lead to problems in getting development funds from international agencies like IMF, World Bank and Asian Development Bank. Will the Pakistani military establishment change its 30-year narrative of using terrorist proxies as the national security imperative or will the cycle of international warnings and Pakistani denials continue? Let's wait for the June meeting of the FATF. “Asitseconomyteetersonthebrink, doesIslamabadseriouslybelieveitcan hoodwinktheworldwithits‘fakearrests’ andmoneylaunderingshenangans?” –DrAdilRasheed,fellowatManohar ParrikarInstituteforDefenceStudies. “Pakistan’spromisesofchokingterror- financinghavetobetakenwithapinchof saltasthereislittlechangeinitsattitude towardsmilitancy.” —HusainHaqqani,formerPakistan ambassadortotheUS.

India Legal - 9 March 2020

India Legal - 9 March 2020

India Legal - 9 March 2020

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