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
Unauthorised debit by Axis Bank and refusal to reply!
Axis Bank is a direct subsidiary of Reserve Bank and first private Bank in public sector. Well that is the dichotomy. It is therefore supposed to be fairer than private players but it appears, it is not.
A Bank account is like trust account. Banker is the trustee of customer’s money in the account. Axis Bank has been my Bank of choice for past decade. Recent tryst with Kotak Bank reaffirmed that choice. However of late Axis Bank is becoming the corporate monster that are many busy in stealing small funds from millions thereby making millions.
Charging for NEFT transaction:
NEFT is an acronym for National Electronic Funds Transfer (NEFT) which is an Indian system of electronic transfer of money from one bank or bank branch to another. As per my knowledge transfer of 2 lacs or two hundred thousand is made without any charges. However my account was debited with a miniscule amount towards NEFT charges, recently which surprised me. Hence I tweeted about it and as advised by Axis Bank’s twitter handler, I sent an email to Axis Bank.
My email to Axis Bank:
I have two issues:
1. The NEFT transactions are being delayed too much. I transferred Rs.899/- *** on xx Oct. 2015 but it has not been credited in beneficiary account till date. The beneficiary is my credit card account with *** Bank.
2. Neft has no fee. Some times in the past I have found small amounts of Rupee or two and odd being debited in my account as NEFT charges. Why?
Kindly revert ASAP.
Bad choices are sometimes more than mere mistakes.
Yakub Memon was hanged yesterday, 30th July 2015. He was found guilty of conspiracy of terrorist bomb attack killing 257 people and injuring over 700 people in Bombay in 1993. His second petition to Supreme Court was dismissed during the day. However certain legal and political intelligentsia decided that it would be in ‘public interest’ to challenge the hanging of Yakub. This public interest petition was heard during the night by Supreme Court and rejected at 3.00AM on 30th July 2015. First a little background about public interest litigation.
Public interest litigation.
Public interest litigation in India is similar to Class action suits in USA except that in India only High Court and Supreme Court have exercised it in writ jurisdiction.
A litigation can only be started by a person aggrieved. That is the law. If a cause of action is personal i.e. not relating to estate, it dies with claimant/plaintiff/petitioner. Public Interest Litigation is an exception in which a person can approach the court to seek redress on behalf of another person or class of persons if such person(s) are underprivileged or in disability.
Death sentence to a terrorist.
Yakub Memon is a convicted terrorist (for killing 257 people and injuring three times more) and is scheduled to be hanged on 30 July 2015, since his last petition to Supreme Court of India, by way of curative petition has been dismissed. It is not surprising because by very nature remedy of curative petition is to correct or cure a mistake or injustice. However what is appalling is discovery of new facts as revealed by a former intelligence officer. According to these revelations (published in indian express newspaper) Memon is a flipper. He was in conspiracy with Pakistan, for terrorist attack but for the sake of his family’s safety he agreed to flip. Continue reading