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Category Archives: Law and Justice

ICJ to consider Kulbhushan Jadhav’s case

Jurisdiction of ICJ

International Court of Justice (ICJ) derives its jurisdiction from a voluntary declaration by each State that accepts its jurisdiction. Islamic Republic of Pakistan has filed a fresh declaration submitting to the jurisdiction of ICJ on March 29, 2017.
ICJ is the principal judicial organ of the United Nations. It was established by the United Nations Charter, signed in 1945 at San Francisco (United States), and began work in 1946 in the Peace Palace, The Hague (Netherlands).

The Court, which is composed of 15 judges, has a dual role: in accordance with international law, settling legal disputes between States submitted to it by them and giving advisory opinions on legal matters referred to it by duly authorized United Nations organs and specialized agencies.

Only States are eligible to appear before the Court in contentious cases. At present, this basically means the 192 United Nations Member States.

The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. It cannot provide them with legal counselling or help them in their dealings with the authorities of any State whatever.

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States.

Background of Kulbhushan Jadhav’s case

Pakistan allegedly arrested, detained, tried, convicted and sentenced to death an Indian National Mr. Kulbhushan Sudhir Jadhav, and he is currently under a death sentence handed out by a Military Court Martial without giving him consular access which is mandatory under Article 36 of Vienna Convention.
On 8 May 2017, India to protect Kulbhush Jadhav filed a petition before ICJ  and an application for interim measures.  ICJ had granted interim protection and has fixed today the hearing on main petition.

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Freedom of expression or freedom to bleed through thousand cuts.

Making India bleed through thousand cuts:

Zia-ul Haq, the then dictator of Pakistan had formulated the above policy to make India bleed through a thousand cuts after he realised that Pakistan can not win any conventional war with it’s mighty neighbour. Search the above phrase and there will be hundreds of articles highlighting above policy and concluding that the terrorism unleashed through borders is the result of that policy. They are only half correct. Terrorism is official policy of Pakistan to deal with all neighbours.

The creation of ‘Pakistan’ which literally mean “Pure Land” is itself is a hate speech to the rest of world which is automatically termed impure. But the task of Islam/Pakistan is not complete.The Pakistan looks for “Takmeel-e-Pakistan” which means perfection. It will happen when all the Muslim in the world comes together. Can you guess what this “togetherness” will do? No marks for guessing. It is a hush talk of what ISIS dare to speak without mincing words.

The creation of Pakistan saw murder of million and exodus of Millions of Hindu/Sikh/minorities other than Muslims from West Punjab (and East Bengal) which was declared Pakistan. A state born with violence and whose first policy decision was to attack its minorities and second was to attack Kashmir, can not be expected shun violence. Therefore the crucial question is: “What are the above said thousand cuts?

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Corruption unleashed by Bureaucracy.

Corruption and Bureaucracy:

Bureaucracy defines the march of any Nation. Govt can make policies and Bureaucracy can defeat it with impunity. To get the result the Government has to be extra cautious to rein in Bureaucracy often with carrot and stick policy.

Govt of India has already offered carrot to Bureaucracy by way of pay hike as recommended by pay commission. Time has come to crack the whip. Interestingly the most corrupt department of Govt is Income Tax department but unfortunately, Prime Minister Modi has a blind side which is Income Tax. As regard Finance Minister, his quality as a lawyer can not be disputed but he is not an administrator and certainly not an economist. As regards his administration, post demonetization chaos, is a proof of absence of administrative capabilities. His poor health certainly does not help.

Martial law by Bureaucracy:

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Main Stream Media hates demonetisation.

Fake News Mafia

Main Stream Media is now a propaganda machine for hire. Independence of journalism is a concept which is out of practice. It seems this is true not only for India but also in USA. One newspaper twisting same news headlines in two different ways! See the picture of Wall Street Journal below:

Editors & Journalists:

Editors who used to be humble beings now live in sprawling Mansions, travel in executive class and stay and dine in five star hotels. TV anchor driving Porsche is a new norm. Do news papers sell more now? How these journalists are making money?

Yesterday I read an article about economy which does not have a single numeric character. It suggested as if India has curfew like situation. But actually it is not. It is a business as usual for small transactions. Indian business is run on credit though settled in cash. Now people are making habit of carrying plastic or mobile wallet. See the market yesterday:

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Company Law in India

Company Law has a long history. Company like institutions in India, date back roughly to 800 BCE but certainly during Mouryan Empire (322 BCE to 185 BCE). Of course the corporations were also in existence during Roman times. The company law under British Rule evolved with company law in rest of the common wealth countries.

company-law

The book on Company Law:

Corporate law in India is no less complex than any other country governed by Anglo Saxon laws. Parliament of India has enacted a new law called Companies Act, 2013 which has consolidated many previous laws into one code. It also recognizes many institutions which were in existence but were not recognized by previous law of 1956.

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