Former Indian Army Lt General Devendra Britain Named in UN Panel of Fadnavis Takes Formally Ends Peacekeeping Oath as 13 year War in Maharashtra Lieutenant General Abhijeet Guha is previously served as UN Special Adviser Afghanistan named to be part of a 14-member high- to the Group of Friends of Democratic Chief Minister level panel appointed by UN chief Ban Pakistan, B Lynn Pascoe of the US who Ki-moon to assess the current and future was appointed by Ban to serve as Under- UK has formally withdrawn from needs of the world body's peacekeeping Secretary-General for Political Affairs Afghanistan, ending the 13 year war that architecture. He is currently member of and Wang Xuexian of China who serves it was a part of. e lowering of the United Nations Department of Peace‐ on the Executive Board of the United Union Flag in Camp Bastion marked the keeping Operations Department of Field Nations Association of China. end of Britain’s campaign, which is be‐ Support Panel of Experts on Technology. lieved to be its longest involvement in a con#ict in modern times.
Initially, the goal of the British forces was to curb the trade in illegal opium/ poppy. However, that mission proved unsuccessful and the forces changed fo‐ cus. At one point of time, the British had 9,500 British military personnel active in Afghanistan. A total of 453 British lives Maharashtra CM Devendra Fadnavis were lost in Afghanistan with thousands more who were injured. On October 31, 2014, Wankhede Stadi‐ um witnessing over 30,000 people, in the UK’s role in direct combat in presence of Prime Minister Narendra Afghanistan has officially ended, howev‐ Modi, Bharatiya Janta Party President er, it will still maintain a presence there. Amit Shah, business tycoons, bollywood A few hundred British troops are expect‐ celebrities and sportspersons, Maharash‐ ed to be deployed at the Qargha Officer tra Governor C. V. Rao administered the Training Academy outside Kabul to train oath of office and secrecy to Devendra the Afghan national forces. UK will con‐ Fadnavis who was MLA from Nagpur, tinue to play a major role in training and belonging to Vidarbha region. He was advising Afghan forces. UK’s Special sworn in as the Chief Minister of &rst Forces operations are also expected to BJP government in Maharashtra. Besides continue in Afghanistan for the foresee‐ Fadnavis, eight cabinet ministers and able future. two state minsters also took oath. e new cabinet includes state BJP leaders Camp Bastion formed the epicenter of Former Indian Army Lt General Abhijit Guha and Ban-ki-Moon Eknath Khadse, Vinod Tawde, Sudhir UK’s operations in Afghanistan, even Mungantiwar and Pankaja Munde, all of though it controlled another 136 small He was &rst interim Director of the Of‐ whom were tipped to be in the race for bases in the Helmand province of south‐ &ce for the Peacekeeping Strategic Part‐ From what I am CM's post. Shiv Sena’s Uddhav acker‐ ern Afghanistan. e British had also nerships, and was also posted before as ay also made it to the stadium. built a 11,500 feet runway at Camp Bas‐ Deputy Military Advisor on the Depart‐ understanding & tion making it easy for the larger trans‐ ment of Peacekeeping Operations. Fadnavis took charge of the Mantralaya port planes to #y in. e scale of opera‐ the information I in the evening while also prioritized tions there had increased to such an ex‐ As said by Secretary General, it will be “Right to Service” to make sure that all tent that Bastion became the third busi‐ the &rst panel that will examine both have, I am telling the essential services are being delivered est British airport aer Heathrow and peacekeeping operations and special po‐ to the citizen on time. Gatwick. litical missions. "e world is changing you that we are and United Nations peace operations BJP also declared that Sena being a Operation Herrick is the codename that must change with it if they are to remain in the right trusted ally would be offered 10 ministe‐ was given to all British operations in an indispensable and effective tool in rial berths and may also get atleast two Afghanistan since it committed forces in promoting international peace and secu‐ direction: PM plum cabinet posts. is would be con‐ 2002. It comprises of UK’s role in the rity," Ban said. &rmed on November 10, 2014 when &rst NATO led ISAF (International Security Modi on Black day of special assembly session will be‐ Assistance Force) and USA’s Operation Other members of the panel are Ameer‐ gin. Enduring Freedom. ah Haq of Bangladesh who is currently Money UN Under-Secretary-General for Field Support, Jean Arnault of France who has 2 TRIGGER TIMES 3 November, 2014 Issue No. XXXI News Brief From Courts Centre Submits List of 627 Indian Fishermen Account Holders to Supreme Supreme Court Supreme Court Court in Black Money Case Awarded Capital Rejects Nalini’s Directs Centre Punishment by Sri Lankan Court Nishita Golchha: Aer being directed to Plea Challenging on Delay in disclose the names in the black money case, the Attorney General for India, Section 435 (1) Government Nishita Golchha: A Court in Sri Lanka Mukul Rohtagi on ursday submitted has convicted &ve Indian &shermen for the list containing names of 627 account of Criminal Formation in smuggling drugs into the island nation. holders in HSBC, Geneva in a sealed en‐ Arrested in 2011, the anglers have been velope to the Supreme Court. e Procedure Code Delhi awarded the death penalty by the local Supreme Court had now asked the Spe‐ court. With time until November 4 to cial Investigation Team to take appropri‐ &le an appeal, the Indian Government ate action aer going through the list Nishita Golchha: A Supreme Court too ahs made a statement and has said, submitted and submit a status report by Bench comprising of Chief Justice H.L. “e Indian High Commission in November end. e Bench headed by Dattu, Justice Madan B. Lokur and Jus‐ Colombo will appeal through lawyer to Chief Justice of India, H.L. Dattu and tice A.K. Sikri dismissed the plea of S. higher court against judgment by lower consisting of Justices Ranjana Prakash Nalini, convicted with life imprisonment court on 5 Indian &shermen”. Desai and Madan B Lokur said, “We will in the Rajiv Gandhi assassination case. send the entire list to SIT and they can She had challenged Section 435 (1) of e fresh development could also affect proceed in accordance with law. It is for the Criminal Procedure Code (Cr.P.C) the already strained India- Sri Lankan them to take care of how to conduct fur‐ which mandates the State Government relations. e arrest of Indian &shermen ther probe.” e Bench also said that the to consult the Centre before premature by Sri Lankan authorities has seen envelope will only be opened by chair‐ release of a convict if the case was inves‐ widespread protest in Tamil Nadu and man and the vice-chairman of the tigated by the CBI. political parties including AIADMK and Supreme Court appointed SIT. DMK have regularly raised the issue On February 18, 2014 the Supreme with the Centre and have also boycotted e Attorney General also submitted to Court has granted relief to the three con‐ visits made by Sri Lankan authorities. In the Court that the details in the list are of victs in the Rajiv Gandhi assassination AAP Chief Arvind Kejriwal the past, India and Sri Lanka have also year 2006, which was supplied by the case, Murugan, Santhan and Perarivalan, taken a few goodwill measures to ad‐ French Government to India in 2011. by commuting their death sentence into Nishita Golchha: “In a democracy, Presi‐ dress the issue but the same could not be e Court was also informed about the life term on the grounds that the 11-year dent’s rule cannot go on forever. Lieu‐ affected. fact that some people did accept the delay in deciding their mercy petition by tenant Governor should have taken deci‐ presence of accounts and have paid tax. the Central Government had a dehu‐ sion on government formation at the Defamation e Court also allowed the Centre to manizing effect on them. e Apex earliest and should not have taken 5 submit its grievances regarding various Court later on had also stayed release of months time,”, said the Constitution Proceedings of treaties signed with foreign countries be‐ the other four convicts, Nalini, Robert Bench of the Supreme Court, headed by Subramaniam Swamy fore SIT. Pious, Jayakumar and Ravichandra in Chief Justice of India H.L. Dattu. e the case. e assassination of Rajiv Bench also showed its displeasure and Stayed by Supreme However, the Apex Court did not allow Gandhi, the ex-Prime Minister of India, asked why does the Centre always comes Arvind Kejriwal’s plea to provide addi‐ occurred as a result of a suicide bombing out with one statement or another just a Court tional information, and said that the in Sriperumbudur, near Chennai, in day before the matter is taken up for same would be heard on December 3, Tamil Nadu, on 21 May 1991. At least 14 hearing by it. Nishita Golchha: e Bench headed by which is the next date of hearing. others were killed. Justice Deepak Misra on ursday e Court also said, “With greatest re‐ stayed the defamation proceedings that spect at our command we feel the gov‐ were on before a Chennai Court. Pro‐ ernment should have taken the decision ceedings were stayed in &ve different cas‐ earlier. All of us know that the matter is es that were registered against Subrama‐ pending before the Court and time has niam Swamy aer he had made critical been given to decide.” e Bench went comments against former Chief Minister on to say, “our understanding was to give Jayalalithaa. e Apex Court also issued time to the Lt. Governor to decide. If notice to the Centre, Tamil Nadu Gov‐ you had told us that we cannot take deci‐ ernment and also Jayalalithaa, the no‐ sion, we may have heard the Aam Admi tices being returnable in 6 weeks. Party (AAP) petition and decided the matter either way.” Appearing in person, Subaramaniam Swamy submitted to the Court that Sec‐ Meanwhile, Delhi continues to be under tion 499 and Section 500 of the Indian President’s Rule aer the same was im‐ Penal Code, 1960 are unreasonable re‐ posed aer Arvind Kejriwal resigned as strictions on the right to freedom of Chief Minister on February 14, 2014. speech and expression, which is en‐ e Supreme Court earlier had also ex‐ shrined in the Article 19 (1) (a) of the pressed its wish to dispose of this matter Constitution of India. Mr. Swamy in his as quickly as possible. petition has also challenged the vires of Section 199 (2) of Criminal Procedure Code. TRIGGER TIMES 3 November, 2014 Issue No. XXXI 3 News Brief From Courts High Court Paves Supreme Court SC Issues Notice Supreme Court Way to Liquor Asks to Gujarat Rejects Surinder Prohibition in Koli’s Review Government to Government on Petition Kerala Elaborate on Farmers' Surinder Koli v/s State of Uttar Pradesh Nishita Golchha: e Kerala High Court Issues Being Suicides & Ors. on Friday, upheld the liquor ban in Ker‐ ala State in view of the revised Abkari Considered Nishita Golchha: A Supreme Court Policy of the Government of Kerala. Haardik Sharma: e Supreme Court Bench comprising of Chief Justice H.L. rough the revised abkari policy, the Regarding sought response of the Gujarat govern‐ Dattu, Justice Madan B. Lokur and Jus‐ Kerala Government had limited sale of ment on an NGO's allegation that tice A.K. Sikri dismissed Nithari serial liquor to &ve-star bar hotels and govern‐ Crimes drought and debt drove more than 600 killer Surinder Koli’s review petition. ment run retail outlets. e High Court, farmers to commit suicide in the state e plea sought review of the judgment however, allowed four-star and heritage Committed by between 2003 and 2012, when Narendra that had upheld death penalty awarded bar hotels to remain open. But, the Modi was chief minister. to him. e Court refused to accept any Court did not allow the petitions &led by Juveniles new facts for the &rst time, which is not two and three-star hotels as well as un‐ A bench of Justices Dipak Misra and U classi&ed bar hotels. Two and three-star U Lalit issued notice to the Anandiben hotels form the majority of the bar Central Bureau of Investigation v/s Swa‐ Patel government on a petition &led by restaurants in the State. pan Roy Mallika Sarabhai-founded NGO 'Citi‐ zens Resource and Action Initiative' e High Court interfered with the gov‐ Nishita Golchha: A Supreme Court which challenged the Gujarat High ernment’s decision and ruled in favor of B e n c h c o m p r i s i n g o f J u s t i c e Court's decision not to intervene in the four-star bar hotels and heritage hotels DipakMisra, Justice R.F. Nariman and case on the ground that farmers' relief stating that the government did not con‐ Justice U.U. Lalit urged Attorney Gener‐ and rehabilitation was a state policy mat‐ sider the recommendations of the one- al Mukul Rohtagi to get back with a re‐ ter. man commission report and also hold‐ ply over the issues being considered by ing that consideration of its recommen‐ the Government with respect to crime e NGO said its coordinator, Bharat dations are not re#ected in the revised committed by the juveniles. While deal‐ Sinh Jhala, had made a series of RTI abkari policy. erefore, the Govern‐ ing with the issue, two suggestions were queries forcing the Gujarat government Surinder Koli ment had no material to make classi&ca‐ given to the learned Attorney General, to disclose that from 2003 till 2007, as tion regarding limiting sale of liquor to namely, whether there is any kind of many as 498 farmers committed suicide. permissible under the rules. &ve-star hotels. e High Court declared consideration as regards the reduction of In response to another RTI query, the that in such circumstances, the Govern‐ age, and whether the juvenility will de‐ state informed that between 2008 and Rejecting the petition, the Court held as ment’s decision was arbitrary and is in pend upon the nature of offence com‐ 2012, another 121 farmers committed follows; “In conclusion, we would only violation of the right to equality guaran‐ mitted. suicide, taking the number of officially observe that the learned District judges teed under Article 14 of the Constitution acknowledged farmers' suicides to 619. while assigning the defense counsel, es‐ of India. e Bench explained, “To elaborate, pecially in cases where legal aid is sought whether the attention of the Govern‐ Jhala had written to the chief minister for by the accused person, must prefer‐ e judgment which runs to 137 pages ment will be drawn to the prevailing at‐ and chief secretary of Gujarat on May 25 ably entrust the matter to a counsel who says: “ough the abkari policy pro‐ mosphere that most of the juveniles are last year requesting &nancial assistance has an expertise in conducting the Ses‐ claims that it has been issued consider‐ engaged in horrendous and heinous to the kin of farmers who committed sions Trial. Such assignment of cases ing the One Man Commission Report crimes like rape, murder and drug ped‐ suicide due to crop failure. would not only better preserve the right and the report of the secretary dling etc.” the Bench also asserted, “Why to legal representation of the accused (taxation), except for a passing reference, should those just under 18 committing e NGO had collected detailed infor‐ persons but also serve in the ends of en‐ no consideration of the recommenda‐ whatever offences, like rape, murder, mation about the reasons that led to sui‐ suring efficient trial proceedings.” tions of the Commission is available in NDPS be exonerated on the ground of cides by 41 farmers. e reasons were the policy. it is no doubt true that the juvenility? Maturity is not attained "increasing amount of loan, cotton crop e Court asserted, “It is dominant view government is not bound by the recom‐ overnight but gradually. Go by how hu‐ failure due to no rain, bad economic sit‐ among psychiatrists and the law that mendations of the One Man Commis‐ man neurons are growing. Liberty is not uation, inability to pay installments for psychopathy should not mitigate or re‐ sion. However, the government should absolute under Article 21. You really loans taken for tractor, seeds and other move criminal responsibility. Psychopa‐ have at least stated that it was rejecting cannot have a cut-off date like in service agricultural implements". thy is said to aggravate rather than miti‐ the recommendations. e abkari policy jurisprudence. Democracy rests on the gate responsibility because of the diag‐ 2014-15 ignores the recommendations rule of law. Rule of law is the spine. Let e petitioner said among the suicides, nostic features and clinical description of altogether. erefore, it has to be held us not be oblivious of the crime that the most striking incident was the mass psychopathy. Psychopaths are callous, that there was absolutely no material be‐ takes place.” suicide on April 8 last year by the entire manipulative, deceitful, in-different to fore the government for the classi&cation family of Rathilal Jeevabai Maladiya of the rights of others and lacking in empa‐ that has been adopted, of picking out ho‐ e AG agreed to &le an affidavit in Daldi village in Rajkot district. "e fam‐ thy and remorse. A diagnosis of psy‐ tels having &ve-star classi&cation and three weeks on the issue aer obtaining ily of &ve jumped in front of a running chopathy looks to be evidence not of im‐ above for the purpose of the preferential instructions from the competent author‐ train. ree of them died on the spot and pairment but of the offender’s lack of any treatment of granting FL-3 licenses or ity. e matter is now listed for 24th other two were seriously injured," it said. redeeming qualities that the Court could bar licenses.” November 2014. take into account.” 4 TRIGGER TIMES 3 November, 2014 Issue No. XXXI News Brief From Courts Detention under MPDA without Hearing is Media Not to Unwed Mother to Illegal: Bombay HC Declare How She Cover Judge's Conceived for Haardik Sharma: Holding as "illegal" the case where the costs can be imposed. detention of a 30-year-old man under e state government has accepted opin‐ Sexual Childs Passport: the stringent MPDA, the Bombay High ion of the Advisory Board that there was Centre to Bombay Court has imposed costs on the state no sufficient cause for detention of the Harassment government. petitioner," said the Judges. Case: SC High Court A bench of Justices A S Oka and A S "However, we make it clear that this Chandurkar directed the State to pay Rs judgement should not be understood to Haardik Sharma: e Supreme Court re‐ Sanjini Jain: e union government has 10,000 as costs to Yuvraj Pawar, a resi‐ mean that in every case where order of strained the media from reporting pro‐ informed the Bombay High Court that dent of Satara, for his illegal detention preventive detention is found to be ille‐ ceedings in a case of alleged sexual ha‐ unwed mothers need to declare how she under Maharashtra Prevention of Dan‐ gal or is revoked by the state government rassment by a former woman additional had conceived while applying for her gerous Activities of Slumlords, Bootleg‐ on the basis of the opinion of Advisory district and sessions judge in Madhya child’s passport. In a shocking statement gers, Drug Offenders and Dangerous Board that the detenu is entitled to com‐ Pradesh against a state high court judge. made by advocate Purnima Bhatia, who Persons Act (MPDA). pensation or costs. e exercise of dis‐ was appearing on behalf of the foreign cretionary power to grant compensation Directing the listing of the matter for ministry she said that an affidavit needs Pawar was detained under section 3 of in public law remedy depends on facts of Oct 30, the bench of Justice Jagdish to be &led by unwed mothers stating MPDA on December 2, 2013 by an or‐ each case," they said. Singh Khehar and Justice Arun Mishra how had she conceiver and “if she was der passed by Satara Magistrate. Howev‐ said: "e media/press is directed not to raped” and reasons for not wanting fa‐ er, on January 18, 2014, the state revoked e court held that section 3 of MPDA report the proceedings of this case, till thers name on the passport. the detention order and ordered Pawar's does not confer a power on the compe‐ the &nal judgment is delivered in the release from jail. Being aggrieved, Pawar tent authority to preventively detain a matter." e case involves a 21 year old girl who had moved to the courts while she was e apex court by its Aug 29 order had denied passport by the regional passport stayed the probe into allegations of sexu‐ officer on the grounds that the name of al harassment by a former Gwalior dis‐ her step-father was recorded in all her trict judge against a sitting judge of the colleges and schools certi&cates and she Madhya Pradesh High Court. e com‐ must obtain an order from the court position of the probe committee, set up which declares her step-father to be her by the Madhya Pradesh High Court legal guardian. e officer further re‐ chief justice, was objected to by the fused to accept the name of her mother woman judge, saying it was headed by as an alternative. Justice Ajit Singh who had transferred her out of Gwalior to the remote district Justices V M Kanade and Anuja Prab‐ of Sidhi. hudessai were surprised by the reply by the centre for their query. e case is of e former woman judge urged then prime importance as the girl’s funda‐ Chief Justice of India R.M. Lodha (since mental right to travel in order to seek ed‐ retired) to set up a three-judge commit‐ ucation is at stake and this is a clear vio‐ tee that would comprise the chief justice lation of the fundamental rights as a citi‐ of a high court other than that of Mad‐ zen of the country. hya Pradesh and another judge to probe her allegation. She also sought her rein‐ ough advocate Purnima Bhatia has &led a petition for quashing his deten‐ person for "welfare and maintaining law statement to the post from which she stated that the passport manual includes tion and seeking compensation for and order in the society". "e power had resigned under duress aer suffering all the details and is a classi&ed docu‐ wrongful detention. conferred on the detaining authority un‐ the alleged sexual harassment. ment, the judges have held that passport der this Section is to pass an order of manual cannot be treated as classi&ed "It is true that the impugned order of de‐ preventive detention with a "view to pre‐ She also sought that the judge she has document. ey are merely guidelines tention is illegal. is is a case where vent any person from acting in any man‐ blamed not be given any judicial or ad‐ and under no circumstance have the there is a non-application of mind by the ner prejudicial to the maintenance of ministrative work till the probe was over. force of law. detaining authority. A person cannot be public order". us, the impugned order Earlier, the woman, in her letter to Jus‐ deprived of his liberty in such casual of detention shows that it is passed on a tice Lodha had given the details of the e &nal decision will be taken on 12th manner, more so in the case of preven‐ non-existing ground," said the bench. way she was harassed by the high court November, 2014. tive detention where the liberty is taken judge, who was also the administrative away without conducting a trial," the e bench further observed, "from the in-charge of Gwalior. She had alleged Such a stand taken by the government is bench observed recently. detention order, it is apparent that the that she was posted to a remote area aer shocking and has attracted wide dissent same is passed 'for the welfare and main‐ she declined the judge's request to dance among the leading women activists in‐ However, the court did not award com‐ taining law and order in the society' on to an item song at a function at his cluding Flavia Agnes, noted Mumbai pensation as prayed by the petitioner. In‐ the ground that notwithstanding earlier home. based women’s rights lawyer who was stead, it imposed costs on the State gov‐ preventive actions against him, there is clearly of the opinion as to “Why should ernment for passing the detention order no improvement in petitioner's be‐ she say whether she was raped or whether "without any application of mind." "is haviour. is shows complete non-appli‐ she had consensual sex?” is not a case where compensation can be cation of mind by the detaining granted. However, we &nd this is a &t authority." TRIGGER TIMES 3 November, 2014 Issue No. XXXI 5 News Brief, from Courts SC Asks National Green Tribunal to Shut Ways Being SC Directs 5 Down Industries Polluting Ganga Sought to Reform States to Build e Land Laws of Haardik Sharma: e Supreme Court action plan has been submitted by the Shelter Homes entrusted the National Green Tribunal grossly polluting industries pursuant to 1882: Delhi High (NGT) with the task of closing down in‐ the directions issued by the board. ere for e Homeless dustries polluting the Ganga which fail is no counsel appearing for the state pol‐ Court to install adequate anti-pollution mea‐ lution control boards. "We are sorry to sures to treat industrial effluents by say that notwithstanding the interven‐ Haardik Sharma: e Supreme Court on March next year. tion of the court, the monitoring and the Sanjini Jain: Independent of the efforts Friday told Delhi, UP, Himachal efforts put by us for last 30 years has led of the Modi Government and the law Pradesh, Rajasthan, Punjab, Haryana A bench of Justices T S akur, Adarsh to no fruitful results so far except shut‐ commission of India to remove the out‐ and Bihar to set up adequate number of Goel and R Banumathi passed this order ting down of some industries. is is dated laws which no longer hold rele‐ night shelters for the homeless by following the failure of statutory agen‐ largely because implementation of the vance, the Delhi High Court roped in November 13 that is before the harsh cies like Central Pollution Control Board court's orders remained in the hands of the Attorney General of India in order to winter sets in. (CPCB) and state pollution control pollution control boards which did not see whether the Indian Easement Act, boards (SPCBs) to implement SC orders take appropriate steps, displaying total 1882 can be reformed or not. e act With the past experience of states' insen‐ passed over the last 30 years to reduce lack of efforts." deals with the right which is bestowed sitive approach towards the homeless, pollutants in the Ganga. upon an individual when the land he/she many of whom die due to the biting Solicitor general Ranjit Kumar pointed owns is negotiated through a license cold, a bench of Chief Justice H L Dattu It told the statutory bodies tasked with to a recent NGT order imposing a penal‐ and Justices Madan B Lokur and A K monitoring environment pollution that ty of Rs 5 crore on a sugar mill in UP for Sikri issued a stern warning. they were a complete disaster. "e discharging untreated effluents into CPCB has failed completely. It is very Ganga and also issuing notice to UPPCB "We are putting the northern states of frustrating. You needed to stand up to officials to show cause why action be not Delhi, UP, Rajasthan, Himachal Pradesh, the people with money power to enforce initiated against them for failing to take Punjab, Haryana and Bihar on notice. environment laws," the bench said. timely action against the polluting in‐ e night shelters should be in place by dustry. November 13 or else they should be e court recalled that on July 23, 1993, ready for some harsh treatment in the on the basis of information provided by Impressed by the NGT's functioning, the court," the bench said on a 10-year-old various authorities in Ganga basin states, bench said the tribunal, as an expert PIL by advocate E R Kumar. several categories of grossly polluting in‐ panel in the environment &eld, would be dustries were identi&ed. Some were di‐ in a much better position to monitor agreement and not actually owned by the e SC, over the last &ve years, has rected to be closed and others were or‐ steps taken by various authorities relat‐ individual. forced state governments, including Del‐ hi, to set up makeshi shelters for the e constitutional validity of section 60 homeless every year before the onset of (b) of the Indian Easement Act, 1882 is winter. "We will appoint court commis‐ under scrutiny since by the virtue of this sioners to inspect the shelter homes and section, the licensee gets all the encom‐ the basic amenities there. We cannot af‐ passing powers in a property even ford to lose more lives because of though he/she does not own it. Justice R winter," it said. Midha aer settling a property suit be‐ tween two brothers wherein both the In December 2010, the court had en‐ parties agreed to terms of sharing the sured that the homeless did not suffer property in dispute and also recorded during the winter anywhere in the coun‐ their undertaking in the court , issued a try. "We further direct Union and state notice to the Attorney General. e va‐ governments and their instrumentalities lidity of the act was decided to be exam‐ not to demolish any night shelter with‐ ined aer Justice Midha heard the hear‐ out providing proper alternative shelter ings of the suit involving a property dis‐ till further orders," the court had said. pute wherein it was contented that the Indian Easement Act, 1882 was greatly "All concerned state secretaries and ad‐ against the owner of the property. ministrators of Union Territories will is‐ dered to install adequate anti-pollution ing to polluting industries. sue necessary instruction within three measures. As a consequence of this act, owner days in this regard. e concerned in‐ It said from now, the NGT would deal doesn’t even have the rights to revoke a strumentalities are directed to comple‐ In response to its September 17, 1993 or‐ with grossly and highly polluting indus‐ license if “"the licensee, acting upon the ment and coordinate with each other to der, the Centre had &led an affidavit tries which are discharging untreated ef‐ license, has executed a work of a perma‐ ensure that no life is lost for non-avail‐ identifying 68 grossly polluting indus‐ #uents into Ganga and take appropriate nent character and incurred expenses in ability of night shelters," the court had tries but till date, there was no informa‐ measures. "We will retain the rest of the the execution." e Delhi High Court is said and warned of serious consequences tion from CPCB or state pollution con‐ matters, especially those relating to dis‐ interested in knowing how does the cen‐ if this order was not implemented in let‐ trol boards whether these industries charge of untreated sewage from munici‐ ter intend to validate section 60 (b) of ter and spirit. were shut down. palities and towns in Ganga basin states," the act even when it is clear con#ict with the bench said. It asked the NGT to &le the other laws and can cause injustice to e bench said, "CPCB counsel Vijay six-monthly status reports on action the owners. Panjwani is unable to tell us whether any against polluting industries. 6 TRIGGER TIMES 3 November, 2014 Issue No. XXXI
Dr. Harsh Vardhan to sign MoU with Illegal Wildlife Clear Nod for Spain on organ transplantation Products to be School of incinerated at Planning and India is to receive Spanish cooperation and discussed the latest advancements in Architecture Bill, in setting up the most modern and effi‐ the &eld. She handed over to Dr Harsh National cient protocols and technologies to facil‐ Vardhan a copy of the “Transplant Coor‐ 2014 itate organ donation and transplantation. dination Manual”. e Health Minister Zoological Park A Memorandum of Understanding cov‐ also met Dr Alberch Jordi, Vice-Rector ering this and other aspects of healthcare for Research, Innovation and Transplan‐ e Union Cabinet chaired by the Prime cooperation is expected to be signed tation, University of Barcelona. Sustainable use of biodiversity is essen‐ Minister, Shri Narendra Modi, on soon. tial for the survivalof mankind and is an 30.10.2014 gave its approval to introduce Dr Harsh Vardhan, Minister for Health e Indian organ and tissue donation imperative for sustainable development. the School of Planning and Architecture and Family Welfare who held a meeting and transplantation scenario is in for Adhering to this perspective, as a step to Bill, 2014 in the Parliament to bring all with Ms Ana Mato Adrover, Spain’s major development in the coming years encourage conservation of wildlife, Cen‐ three Schools of Planning and Architec‐ Minister for Health, Social Services and with the government committed to make tral Zoo Authority under the aegis of ture(SPAs) within the ambit of the Equality, in Madrid yesterday, said on NOTTO a world class institution. Re‐ Ministry of Environment, Forests and School of Planning and Architecture Bill, 31.10.2014 that he envisions infrastruc‐ gional centres will also be commissioned Climate Change will be destroying illegal 2014. e Bill would adhere to Govern‐ ture in India for organ donation and in six cities subsequently, the Health wildlife articles tomorrow at National ment policies on reservations from time transplantation comparable to the high‐ Minister stated. Zoological Park.Highlighting the impor‐ to time. e proposed Act will empower est standards achieved by Spain. tance of protection of biodiversity, par‐ these Schools to award degrees through “Spain has the highest rate of organ do‐ ticularly wildlife, illegal wildlife products an Act of Parliament. nation –about 35.3 per million popula‐ will be consigned to #ames in the incin‐ is would enable the School of Plan‐ tion –and also offers models in best erator at the National Zoological Park in ning and Architecture to become centres practices. I would like our own National Air Marshal B the presence of Shri Prakash Javadekar, of excellence like IITs, NITs and help ful‐ Organ and Tissue Transplant Organisa‐ Minister for Environment, Forests and &ll the need of the country for quality tion (NOTTO) to have those standards Suresh Takes manpower in the &eld of architecture and the Spanish health minister has of‐ and planning. fered full technological assistance,” Dr Over as Senior All the money spent from public exche‐ Harsh Vardhan said. ff ffi quer will be accounted for and audited Dr Harsh Vardhan and Ms Ana Mato Air Sta O cer by the Comptroller and Auditor General Adrover discussed cooperation in other of India. Annual Report and Audited aspects of healthcare as well. ey shared Western Air Accounts of each SPA will be placed be‐ their opinions on health assurance, e- fore Parliament. health, generic medicine availability, Command, IAF non-communicable diseases like dia‐ betes, coronary artery disease and Did You Know.? cancer, and other issues. Experiences on Air Marshal B Suresh Ati Vishisht Seva India and Spain’s respective steps on Medal, Vayusena Medal takes over as Se‐ Wildlife Products checking Ebola Virus Disease were also nior Air Staff Officer of the prestigious 1. In 10 minutes, a hurricane releases shared. Western Air Command of the Indian Air Climate Change. more energy than all of the world's nu‐ e Spanish Minister accepted Dr Harsh Force. Unethical and unjusti&ed use of prod‐ clear weapons combined. Vardhan’s invitation to visit India in Jan‐ e Air Marshal is a graduate of the ucts of various animals and plants, oen 2. It took approximately 2.5 million uary 2015. It was agreed that the MoU ‘Rashtriya Indian Military College’, based on unjusti&ed and unethical rea‐ blocks to build the Pyramid of Giza, would be readied for signing ahead of Dehradun, and the ‘National Defence sons has been a factor #aming illegal ac‐ which is one of the Great Pyramids. her visit. Academy’ Khadakwasla. He was com‐ tivities like poaching, smuggling and il‐ 3. omas Edison designed a heli‐ On ursday, the Minister visited Spain’s missioned as a &ghter pilot in the Indian legal wildlife trade.In order to curb this copter that would work with gunpowder. National Organisation for Transplanta‐ Air Force on 13 Dec 1980. unethical behavior, the law enforcing It ended up blowing up and also blew up tion in Madrid to get a feel of the profes‐ He is a meritorious graduate of the ‘Tac‐ agencies all over the world including In‐ his factory. sionalism at work in maintaining the tics and Air Combat Development Es‐ dia have been putting in serious efforts 4. Leonardo Da Vinci invented the Registry of donors and recipients and tablishment’ (TACDE), a graduate of the in combating the wildlife crimes and scissors. the manner in which transfers are organ‐ ‘Defence Services Staff College’, Welling‐ have seized a large number of wildlife 5. Mexico City sinks about 10 inches ised. He met Mr Rafael Matesanz ton, and a post graduate from Cran&led products resulting from unlawful activi‐ a year. Acedos, the Director of the institution University, Shrivenham UK. He com‐ ties. e exercise is an attempt to deplore 6. Hydrogen is an explosive gas. and shared views on all aspects of organ manded a leading &ghter squadron as a the unethical, indiscriminate and mostly Oxygen supports combustion. Yet when donation and transplantation. Mr Ace‐ Wing Commander and TACDE as a unlawful activities of harvest and trade these are combined it is water which is dos assured full cooperation from his Group Captain. He has #own a variety of of wildlife products. used to put out &res. side and presented Dr Harsh Vardhan a &ghter aircra and helicopters. e illegal wildlife products to be de‐ copy of the “Good practices on organ He has held a number of staff appoint‐ stroyed by the Ministry of Environment Disclaimer: Every sincere effort has been donation and transplantation guidelines ments that include Joint Director and & Forests included those derived from made by the Trigger Times newspaper to manual.” Director (Air Staff Inspection), Director tigers, elephants, leopards, lions, snakes, ensure that the information provided is Operations (Joint Planning), Directing deer, mongoose, owls, shells etc. Few correct. Any mistake or omission is in‐ Earlier, on Wednesday, Dr Harsh Vard‐ Staff (TACDE) and Air Assistant to wildlife articles available in the National advertent and unintentional. han, visited the Donation and Trans‐ Chief of the Air Staff. Prior to taking Zoological Park will also be destroyed.It plantation Institute Foundation, over the present appointment, he was would be a step in appreciating the ef‐ In case of complaints and other issues, Barcelona, one of the leading centres of Assistant Chief of Air Staff (Air Defence) forts of various law enforcing agencies write to us at [email protected]. the world for research in organ trans‐ at Air Headquarters, Vayu Bhawan. like forest and wildlife departments, All claims, disputes or complaints are plantation housed in University of Air Mshl B Suresh is married to Mrs wildlife crime control bureau, police, subject to exclusive jurisdiction of Barcelona University. Radha Suresh and they have a son and a customs and many others who have con‐ courts/forums/tribunals in Ahmedabad daughter. tributed immensely for the cause of pro‐ only. He met Dr Gloria Paez, Director, DTI, tection of biodiversity. TRIGGER TIMES 3 November, 2014 Issue No. XXXI 7
TROUBLING DUAL CLASS SHARE: A SAGA FROM having one vote per person. b) Corporate Governance framework GOOGLE TO ALIBABA LISTINGS gets satis&ed which features to give equal rights to shareholders and no minority shareholders to be set aside without @Ashima Jain Till date more than 27 technology com‐ protection from takeovers. Differential rights. panies including Facebook, Google, Al‐ voting rights are a way for family owned e heated debate on dual class structure ibaba, have gone public with dual shares. companies; Tax objectives also drive one c) Transparency in the system is created boils down the tradeoff between share‐ e question of providing a solution to to have dual class shares. Regards to retail and reporting #ows to shareholders holder protection and corporate control. the diversion of control from sharehold‐ investors these differential shares are more properly from top management. ers remains unanswered. It will be diffi‐ famous because these small investors are TATA Motors, in India being the &rst cult to create a balance between share‐ not concerned much with voting rights e maintenance of &rm’s culture is the company which issued differential holders and founders and their objec‐ and suffice themselves with capital gains main reason for these types of shares to shares, major reasons had been towards tives due to new Corporate Governance only and specially dividend. Preparation have gained their importance. us the protection from hostile takeovers and to regime upcoming with shareholders ac‐ of an inbuilt mechanism protects from question still remains should such types keep more control from shareholders ac‐ tivism and Investor Protection rules. It tactical investors who bene&t from short of shares be prevailing. Various theorists tivism. Regards to Google, Larry Page becomes important to see the reactions term values at expense of company’s long opine that these types of shares become and Sergey who created a dual class around the public at large getting affect‐ term success. important due to long term gains else structures in their company so as to nev‐ ed, like about Hong Kong legal market they would have to see the arguing er lose control and hence they had two wherein these dual class structures law‐ It is laid down that when a company en‐ shareholders in meetings. e innova‐ class of shares i.e. Class A shares with 1 suit will never be allowed, what about ters into a contract with shareholders tion and independence is another such vote per share and other being Class B such countries where its legality will be through which parties are free to decide argument. But the saga of Enron and shares which were not listed but had 10 questioned and the best example of it is their rights and liabilities of each other, WorldCom is not to be forgotten who votes per share. is was all for one rea‐ recent listing by Alibaba Group Holding then their contract for the same, as long also had dual class shares and saw down‐ son so that management always has up‐ Ltd. as it is not contrary to public policy, is fall and exit from the market. per hand in all decisions. valid. So theorist’s lays that questions And generally it has been noted that should also not be raised in case of dual A recent solution is seen i.e. sunset clause Alibaba is also on lines to issue such founders do not want to deal with ques‐ class of shares which contracts with which takes into consideration the num‐ class of structures. e recent IPO of Al‐ tioning shareholders. Hong Kong and shareholders to divert their control in ber of years till the control is with the ibaba in New York Stock Exchange is set Singapore are two main countries which hands of top management. founding members. rough this at a to be one of the largest IPO but the catch have banned such type of shares. is point of time the control can dilute from is that they are solely concerned with the kind of arrangement is possible but only Even though the voting rights given in majority to others say 5 or 6 years as de‐ money of investors and disregard their suits the non-voting shareholders. dual shares are less but the risk factor re‐ cided till the top management creates
opinions or ideas or control in the man‐ Section 86 of Companies Act, 1956 per‐ mains the same. ere is also a huge im‐ value. is kind of solution is potentially agement. mits issue of equity shares with differential pact upon Corporate Governance as there a win-win situation wherein the found‐ voting rights aer amendment in 2000 is a threat on independence of executive ing members in the beginning can inno‐ A single company may have two stocks which is subject to Companies (Issue of directors given that other directors who vate and then at later stages bring in pro‐ i.e. Class A and Class B shares, having share Capital with Differential Voting have more voting rights exert more in&u‐ portional shares. e customary one different voting and dividend rights. e Rights) Rules, 2001. is allowed two ence. Practice of misuse of voting rights by vote one share principle seems to be structure follows such that one class of types of shares i.e., shares with voting management and promoters is wide. Still eroded with dual class shares in contrast shares is offered to public while other to rights and shares with differential rights the pace remains debated on how to create when the shareholders used to vote executives and founders etc. who have as to dividend and voting. Section 43 of a balance between shareholders rights and against managers. us while going for majority control. Companies Act, 2013 also supplements the management. dual class shares structure and dispro‐ the above law now. portionate voting rights in the company, e issue that cropped up aer Google Aer analyzing pros and cons of dual the buyers need not slapdash their deci‐ was, when it issued these dual class On aspects on legality of differential Vot‐ class shares, it can be analyzed that vot‐ sions, but weigh all the circumstances for shares, these shares were seen as having ing Rights, One can choose which shares ing rights have to be made proportional instance one can lose control in decision no voting rights for shareholders and they want to buy as they have choices how to economic ownership for the reason: making. further issuance of Class B special rights they want their rights to be, i.e. whether shares with majority rights holding with more dividend, or voting rights. Obviously a) ere is always an inclination of Author is a student of Institute of Law, founders. as only few people have superior rights shareholders in companies who have Nirma University, Ahmedabad there is one more advantage respect to proportional voting rights over everyone 8 TRIGGER TIMES 3 November, 2014 Issue No. XXXI Events, for Law Students All India Essay Call for Papers : Fourth Call For Papers: international conference in Advocacy Competition On Kolkata on ‘e Asian Pragamana: “Strategies For Success Century': Australia and the Internship International Journal Of Clean India Trans-Asian Cultural and On Rural campaign Strategic Diplomacy Programme Development & Allied Issues, Issue II Nandini Voice For e Deprived, a is is to announce that IASA, Eastern Chennai based NGO is organising an All Region will hold its Fourth international ADVOCACY INTERNSHIP PRO‐ India essay competition on “STRATE‐ conference in Kolkata on ‘e Asian GRAMME (AIP) is a unique venture of Pragamana, as the name suggests, is a GIES FOR SUCCESS OF CLEAN IN‐ Century': Australia and the Trans-Asian the National Centre for Advocacy Stud‐ new beginning towards the issues of Ru‐ DIA CAMPAIGN “. ere have been Cultural and Strategic Diplomacy on ies. Inaugurated in 1999, the AIP aims at ral Development. e aim of this initia‐ widespread welcome all over the country 27-28 January, 2015. e collaborating developing a set of dedicated and active tive is to disseminate information of that for the Clean India Campaign launched partners Of the conference are: Monash youth committed to social change and part of the world which resides in beau‐ by the Prime Minister on Gandhi Jayan‐ University, Australia India Council, Ox‐ justice. It is a programme that caters to tiful villages. e Journal will cover is‐ thi Day. While people have responded to ford University Press, Orient Blackswan, the needs of social activism and enriches sues of rural development across the the Prime Minister’s call with enthusi‐ Bankura University and Burdwan Uni‐ participants with a political perspective, world. is is a double peer reviewed asm, it appears that strategic and time versity. Abstracts may be emailed to Deb knowledge base, and skills required for journal bearing ISSN 2393- 896X avail‐ bound action plan to implement the Narayan Bandyopadhyay: effective people-centred advocacy. It is able in print. e articles must be related laudable scheme are yet to be worked [email protected] designed to prepare young people to to rural development. e authors may out. e solutions have to be found work in the &eld of development and so‐ take in account national and internation‐ based on variety of factors including cial change through an 18-month pro‐ al perspectives. ey may relate rural de‐ technology and management practices as cess of learning that combines academic velopment with other disciplines like well as creating awareness amongst the Let Me Know inputs, capacity building, &eld experi‐ health, law, technology, agriculture, cli‐ common man on the importance of the ences and perspective building . mate etc. e articles must be sent to campaign. e governments at central , Essay Writing [email protected] by 15th of state and municipality level have to de‐ Advocacy Internship Programme in a November, 2014. Professionals, Aca‐ vice appropriate schemes. e objective Competition current year would usually deal with two demicians, Scholars and Students of all of the competition is to provide an op‐ consecutive batches. One which has disciplines are eligible to contribute.e portunity to everyone to provide their completed the in- house programme and deadline for submissions is November suggestions and recommendations. Let Me Know is a unique portal that is placed in an organization for 6 months 15th, 2014. Website: http:// Highlights of the recommendations of helps students across India &nd opportu‐ and the second which is still undergoing pragamana.wordpress.com/, For any the participants would be submitted to nities of various kinds. Since its incep‐ the in-house programme within the or‐ query, contact : Tejaswini Ranjan, Editor the Prime Minister. All Indian citizens tion in 2007, it has pointed only an up‐ ganization. Under Internship, the interns i n C h i e f ( t e j 0 4 9 @ g m a i l . c o m , can participate. Last date : 30th Novem‐ ward graph of readership, subscription also make three &eld visits to grassroots 7870428816 ) ber, 2014 *Essay should be of maximum and opportunities. Idea Behind e advocacy organizations to have hands- of 1500 words and can be written in En‐ Competition Let Me Know presents e on-experience of social action and advo‐ glish,Tamil or Hindi. Five prizes will be Let Me Know Essay Competition 2014. cacy. CALL FOR PAPERS : Two awarded for the best of entries.Essay is competition seeks to invite percep‐ Day National Conference On ‐ should be sent by post or email to the tions from the youth regarding topics Criteria for selection of the interns in “Women in the 21st Century: f o l l o w i n g a d d r e s s . that concern the society and on those cluded educational quali& cations *N.S.Venkataraman,*Trustee, Nandini that further entrepreneurial initiatives. (preferably post- graduate level) and ex‐ Working towards Voice For e Deprived, M 60/1, 4th Essay submissions for the competition perience (about two years’ association Empowerment” C r o s s S t r e e t , B e s a n t N a g a r , will be accepted online between the peri‐ with social action groups). Priority Chennai-600090,Tele :- 44-24916037 od 25 October, 2014 and 12 November, would be given to candidates from re‐ e dates of the conference are 13-14 Email:- [email protected]. 2014. mote areas who have limited learning February, 2015 at Goa College of Home opportunities. However, moving beyond Science, Panaji. Interested academicians, the realms of education and experience, scientists, research scholars and students potential candidates would attend a two- are invited to submit original and un‐ day residential camp to assess their atti‐ published abstract papers for oral/poster tudes, aptitude and motivation levels. presentation on any themes mentioned above. e abstract of the paper typed in Times New Roman, 12 Font, double spaced and not more than 500 words Disclaimer: e information provided shall reach the Organising Secretary on within this page is provided by the orga‐ or before 5th December 2014 by post. nization knowledge Steez (www.knowl‐ So copy of your abstract can also be edgesteez.com). TRIGGER TIMES is e m a i l e d t o not responsible for the accuracy, com‐ [email protected]. pleteness,suitability, or validity of any in‐ e abstract review committee will select formation on this page. the abstract for oral/poster presentation. e selected participants will be intimat‐ ed via mail within a week and the full paper should be submitted by 15th De‐ cember 2014. Powered By e Knowledge Steez