Libertatem Magazine - Issue 33 [October 2017]

EDITION 33 OCTOBER 2017LIBERTATEM MAGAZINE www.libertatemmagazine.com Cover Story Shooting massacre in Las Vegas Featured Story Catalonian Referendum Editor’s PickDeportation of Rohingya Refugee Contradicts the Spirit of India

LIBERTATEMLibertatem Magazine - Masthead MAGAZINE www.libertatemmagazine.com Edition 33 - October 15, 2017 Masthead Editor In Chief Ankita Ranawat Pubishing Editor Rahul Ranjan VP - Editorial Operations Ritisha Mukherjee (Institute of Law, Nirma University) Advisory Editors Prof. Dr. Howard Williamson (Univ. of South Wales) Prof. Dr. Ahmad Ghouri (Univ. of Sussex) Dr. A. Lakshminath (Chanakya National Law Univ.) Prof. T. Sathyamurthy (National Law School of India Univ.) Dr. Borbala Fellegi (Consultant, Social Policy, Hungary) Dr. Dabiru Patnaik (Jindal Global Law School) Shhaurya Sah (Associate, Inttl Advocare) Fr. Peter Ladis (Chanakya National Law Univ.) Editorial Associate Nada Faruqi (Aligarh Muslim University) Senior Editors Smriti Brar Swarnabh Dutta Madhav Kumar (LLM, University of Hong Kong) Associate Editors Rubel Bareja (Institute of Law, Nirma University) Rohit Yodha (Institute of Law, Nirma University) Amit Singhal (National Law Institute University, Bhopal) Apurv Taran Jain (National Law University, Odisha) Arushi Sheti (Amity Law School, Delhi) Mohd. Azeemullah (University of Al-Asmariya, Libya) Saloni Sharma (Institute of Law, Nirma University) Muskan Yadav (Institute of Law, Nirma University) Content Developers Khushbu Shah (Maharastra National Law University) Vaishakhi Mudanna (Damodaram Sanjivayya National Law University) Vaibhav Sharma (Rajiv Gandhi National University of Law) Nitya Jain (Instiitute of Law, Nirma University) Shreyan Acharya (Vivekananda Institute of Professional Studies) Shresth Vardhan (Institute of Law, Nirma University) Debajyoti Saha (School of Law, Christ University) Mohammad Azeemullah (University of Al-Asmariya, Libya) Chahat Mangtani (Institute of Law, Nirma University) Shashwat Tiwari (Institute of Law, Nirma University) VP - The Courtroom Swarnalee Haldar (Advocate) The Courtroom Reporters Jane Maria (National Law University, Odisha) Shweta Subudhi (Midnapore law college, Vidyasagar University) Desktop Publishing Design Ankita Ranawat & Rahul Ranjan © All Rights Reserved by Libertatem Media Group [2017]

Contents Contents of Edition 30 October 2017 Volume 3 Number 10 Edition 33Cover StoryShooting massacre in Las Vegas in the light of gun controlregulation in the United States (p.4)Featured StoryCatalonian Referendum: SíIndependència (p.8)Editor’s Pick 04Deportation of Rohingya Refugee Contradicts theCharacter and Spirit of India (p.12)Legal News StoriesIndia’s Diplomatic Prowess - Tool to tackle Belligerent China and Pakistan (p.14)Escalating tensions between India and Pakistan (p.18)India World No.1 in Cricket - Decoding Team India’s Success Formula (p.20)the CourtroomAlimony given under Domestic Violence Act can’t be replaced by 125 Cr.P.C (p.26)Ban on Fireworks: SC gives elaborate directions (p.27)Kerala High Court restores ban on cricketer (p.28)Rohingyas are threat to security (p.29) 20 14 © All Rights Reserved by Libertatem Media Group [2017]Disclaimer - The opinion expressed in each article is the opinion of its author and does not necessarily reflect the opinion of Libertatem Media Group. Therefore, Libertatem Magazine carries no responsibility for the opinion expressed thereon.

Libertatem Magazine - Edition 33Shooting massacre in LasVegas in the light of guncontrol regulation in theUnited States By Chahat MangtaniPage 4

Cover Story Whenever a person thinks of gun violence, he/she might think of large-scale mass shoot- ings, but out of the approximate 33,000-gun violence deaths that take place each year, only about 500 (i.e. around 1.5%) are as a result of mass shootings. Also, it should be noted that two-thirds of gun violence deaths are from suicide. As the country music singer Jason Aldean was giving the closing performance for about 22,000 people on the third and final day of the Route 91 Harvest country music festival, Stephen Craig Paddock had occupied his hotel suite on the 32nd floor of the Mandalay Bay Hotel and was developing towards the exe- cution of something totally unanticipated that would leave a blot in the history of the United States of America. The hotel suite he occupied was diagonally adjacent to his targets in the festival lot. Shortly before 10 p.m. PDT, Pad- dock had an encounter with the hotel security guard who was on the same floor of the hotel in response to an open-door alert of a hotel guest’s room. He was drilling a hole beside the door, but as he realized that the guard is ap- proaching him, he began firing more than 200 rounds through the door. The guard, as soon as he got injured, informed the hotel security personnel about the incident. Soon enough, Paddock broke the windows of his suite with the help of a hammer, and began open-shooting through the broken windows at about 10:05 pm, eventually firing hundreds of rifle rounds approximately 400 yards into the festival audience. The people being in the festive mood, misunderstood the gun firing for fireworks at first. The gunfire extended, withsome brief pauses, for a period of approximately 10 minutes, and ended by around 10:15 p.m.At the time of the shooting, the police officers were at first confused about the source of the gun firing andwere not able to locate it. The firing continued for a long ten minutes before the last round was fired. Soonan eight-man team of the clerk county police-force approached the door of the room occupied by Stephenand found him lying in a pool of blood, dead.The incident resulted in the death of a massive 58 people (excluding paddock) including 4 foreign nation-als and injuring approximately 489 people and is termed as the worst gun-shooting incident in the historyof the USA after the Orlando club shooting. The incident has been termed as the “October 1” tragedy.The aftermath of the shooting included and huge hue & cry among the public over the topic of gun laws.Moreover, the prices of gun stocks went up post-incident due to the fact the people were instilled withfear and prioritized their protection. Social media was flooded with sympathy messages for the victimsand their families including the star - John Alden who was performing when the firing began. Gun manu-factures came out in defence of the idiosyncratic method used by Paddock that allowed a semi-automaticweapon to be used as automatic one. Various non-state actors claimed that Paddock worked for them butthe intelligence agency has still not been able to confirm the same. Page 5

Libertatem Magazine - Edition 33 Some interesting aspects to consider are as follows: 1. The hotel management did not inform the police authorities even though a member of their staff was shot within the hotel premises leaving open the possibility that this might not be a single-man task after all. 2. Paddock siphoned a whopping $100,000 into a foreign Philippine account of his girlfriend which did not come under the radar of the suspicious activities. Moreover, Paddock’s girlfriend denies all allegations on her in context to the massacre that took place. 3. A great stock of guns i.e. 22 rifles and 8 pistols were found from the hotel room of Paddock which though have been confirmed by the government authorities that have been purchased via a legal method but still raise the question as to where the money came from. 4. Another, serious issues that came to light is the one in relation to the response-time of the police authorities. Many calculations by various sources which can be relied upon show that the minutes taken by the police authorities could have been reduced leading to mitigating effects but unfortunately that was not the case and someone has to be held responsible for the same. In the aftermath of the incident, the Islamic State of Iraq and the Levant asserted that Paddock was their ‘soldier’ and was inspired by Abu Bakr al-Baghdadi’s call to attack confederation countries. But the Federal Bureau of Investigation reassured that the incident has no connection with any international terrorist group. Also, as has earlier happened after any such sort of incident, the stock prices of firearms manufacturers hiked up the day after the shooting. It is expected by the investors that the sale of guns would increase further as the concern over the rehappening of such an event could possibly lead to more inflexible gun-control legislation and there shall be a rush of customers wishing to protect themselves against any such future attacks. It is easy to feel powerless in the aftermath of yet another dreadful example of gun violence in America. There have been 1,516 mass shootings in the U.S. The steps that the people took to at least get the elected officials thinking more seriously and responsibly about gun reforms is that with a nod of validation from the National Rifle Association of America, the Republicans plan to ban ‘bump fire stocks’, as were used in the Vegas shoot- ing. Many scholars have proposed their respective solutions for the violence epidemic caused due to guns in the United States, for example, La Valle proposed that the prospective gun buyers should be required to provide a full list of all who will have secondary access to the guns, and each individual listed should be subject to the same background checks as the original purchaser. To better assure the effectiveness of all of the presently pro- posed gun-policy revisions the gun show loophole should be closed indefinitely.Page 6

Cover StoryLibertatem Magazinewishes you a veryHappy Diwali Page 7

Libertatem Magazine - Edition 33Catalonian Referendum:SíIndependènciaBy Khushbu Shah An Exordium The ‘numeronym 1-O’ also known as the referendum of “1st October” held in Catalonia as stirred an unprece- dented political uncertainty in Spain and Catalonia. Catalonia was an autonomous region of Spain which was granted this status after the fall of the dictatorial regime of General Francisco Franco and re-institution of Consti- tutional Monarchy in 1978. Catalonia’s government follows the Generalitat institutional system i.e. the autono- mous system of government, which consists of Presidency of the Generalitat, the Government and other institu- tions established in the Statute of Autonomy (known as the “Estatut”). The Parliament is elected democratically, which consists of a single chamber of 135 members. Every year, it is estimated that Catalonia racks up 10 billion euros ($12 billion) more in taxes to Madrid and in return receives merely 5 percent of regional economic output, according to data provided by the Spanish Trea- sury. When compared to the Spain’s poorest region, Andalusia is allotted almost 8 billion euros more than it contributes. Catalonia ranks 9th on the list of the most widely spoken languages in Europe. However, it is not on the EU’s list of 24 official languages. Due to the pervasive emotion of economic oppression and negligence among the majority of Catalans, there was a demand for formation of a separate nation. The demand for seces- sion was so strongly felt by the majority of the Catalans that, in 2015, a coalition regional government constitut- ing of pro-separatist parties, which promised that independence was brought to power. It is headed by Carles Puigdemon, the regional premier of Catalonia. Thus, the Catalan Parliament held an independence referendum on 1st October 2017. The Constitutionality of the Referendum A referendum in principle is instrumental in expressing views of the people. It empowers the electorate to voice their opinion in decision making and policy determination of their country by providing them with direct participation. Referendums have been classified into various categories like mandatory-optional, binding-advi- sory, government-controlled referendums, constitutionally required referendums, and referendums by popular petitions & popular initiatives. Page 8

Featured StorySpain has held a referendum to decide on its EUmembership in the mid-1980’s. However, the ref-erendum held on 1st October 2017 did not getrecognition by the Spanish Parliament. The maincontentions voiced by Madrid were that the Span-ish Constitution in its Article 1 and 2 enshrines theprinciples of national sovereignty, which residesin the Spanish people as a whole, and of nationalunity, which in line with the fundamental preceptsof advanced democracies. The Constitution does notpermit break-up of Spain. Additionally, the referen-dum was held to be in violation of the Constitutionas the right to decide the sovereignty of the nationresides with all the citizens of Spain alike and thisreferendum permits “Catalan-only” to decide forthe Independence of Catalonia from Spain. Spain’sConstitutional Court also decided in favour of theSpanish Government, arguing that the referendumwas in contravention of the country’s 1978 constitu-tion which bars the break-up the country.The Highhanded Approach of Spanish GovernmentThe Spanish Government deployed police to prevent the independence vote on October 1, with orders to seizeany polling booths that were set up. It gave out a statement condemning the attitude of Catalan Government,stating that “in recent weeks, the secessionist defiance promoted by certain institutions in Catalonia has escalat-ed in a way that underscores its authoritarian, arbitrary and anti-democratic nature, and its intention to openlycontravene the prevailing legal framework.” In a raid on a warehouse in Barcelona prior to the day of the refer-endum, police confiscated around 1.3 million leaflets and other campaign materials.Despite opposition and uncertainty about the effectiveness of the referendum, more than 2 million Catalanssupported it. The approach adopted by the Spanish Government was in line with an autocratic ruler. Firstly,the Spanish Prime Minister Mariano Rajoy addressed Catalans as fools for taking part in an illegal referendum.Subsequently, the national police and Guardia Civil - a military force charged with police duties - were sent intoCatalonia in large numbers to prevent the referendum from materialising. They violently attacked the votersat the polling stations- tossing them across staircases, seizing the voting machines, indiscriminately firing pre-viously banned rubber bullets on the crowd gathered outside the polling stations. The standoff injured at least893 civilians and 431 police officers on October 1. All the aids and helpers in the referendum face a risk of beingfined up to 300,000 euros.The attempt by the Spanish Government. to stop people from casting their vote seems to have backfired. Pro-testers said the violent police crackdown against the ballot had energized the secessionist camp. Opinion pollsconducted before the vote suggested only a minority of around 40 percent of residents in the region back inde-pendence although a majority want a referendum to be held. The discontentment among the masses grew asGovernment denied them the basic democratic right to vote and exercise the autonomy granted and guaranteedin the Constitution. Thus, the referendum witnessed a landslide victory in the favor of Independence for Catalo-nia.Catalonia’s regional government spokesman Jordi Turull stated that 2.26 million people had cast their votes onSunday with 90 percent of those voting in favor of Catalonia, a wealthy region in north-east Spain, to gain inde-pendence. Voter turnout was low at around 42 percent.The Spanish Government did issue an apology for the violence inflicted on the gathering but not without apinch of salt. Spanish Foreign Minister Alfonso Dastis issued an apology in the following words, “If there wasany use of force by police, in any way, it was because they were prevented from doing what they were asked todo”. The use of violence was condemned even by neutral spectators like the European Union. Its official state-ment, “Violence can never be an instrument in politics” was followed by a warning that if Catalonia’s secessionfrom Spain is successful, “it would find itself outside of the European Union.” Page 9

Libertatem Magazine - Edition 33 What to Expect Next? According to the Catalan government, referendum results indicate that 90% of people cast their ballots in fa- vor of independence. A total of 2.26 million Catalans – 42% of the region’s 5.3 million eligible voters voted for Independence of Catalonia. If Catalonia unilaterally declares independence, Mariano Rajoy, the Prime Minister of Spain is expected to invoke Article 155 of the Spanish constitution. The article, which has never been used, allows the Spanish government to step in and take control of an autonomous region if it “does not fulfill the obligations imposed upon it by the constitution or other laws, or acts in a way that is seriously prejudicial to the general interest of Spain”. The Referendum and FC Barcelona - “mès que un club” This football club has always been safe havens for Catalonia’s Nationalism spirit. The club embodies its motto- ‘mès que un club’ (literal translation, more than a club) in all sense. The club has not hesitated from expressing their political beliefs in the past and this referendum is no exception. During the dictatorial regime of General Francisco Francolanguage, culture and Catalan flag were all banned. However, it was in the FC Barcelona stadium, ‘Camp Nou’, that people were free to express their love for Cata- lan Nationalism. They waved the banned Catalan flag and sing songs in their native language. The stadium stillPage 10

Featured Storywitnesses chanting and waving of Catalan flag, called ‘Senyeras’, when the clock hits 17:14. It holds histori-cal significance for Catalonia, it was on Sept. 11, 1714, that Catalonia became a part of Spain after its defeat inWar of Succession. Currently, FC Barcelona plays in the Spain’s La Liga League. However, it will no longer bepermitted to be a part of the league if Catalonia gains independence from Spain. The matter is of concern as theteam currently sits top of the league rankings and has won 24 La Liga titles. The future of the club in La LigaLeague is surrounded by uncertainty.ConclusionAlong with wrangling over the violation of court orders, rule of law and threat of sovereignty, it is time to beconcerned with the prime stakeholders of the entire scenario. The citizens of Catalonia. The result of this ref-erendum has installed a stalemate, which is creating an uncertainty for the citizens. The fact that people areturning up in large numbers for voting in the referendum despite being attacked and warned that, doing so willbe a criminal offense is indicative that this kind of an unflinching vigor is a product of an urge to set free theshackles of oppression.Nevertheless, even if the Spanish government does not approve of it, this referendum will form a part of “soft”state building. Symbolic votes for independence functions act as part of mass mobilization to bolster the inter-nal legitimacy. This type of symbolic mobilization adds to the pressure building mechanism. Page 11

Libertatem Magazine - Edition 33RDoehpionrgtayatioRnefoufgeeCCohnatrraacdteicrtasnthdeSpirit ofIndia By Mohammad Azeemullah No country in the world is as spirituality varied and vibrant as India in whose lap countless and limitless col- ors of life have prospered since centuries. No nation in the world has been as much generous to the displaced people in the world as India in whose sanctuary shattered dreams have taken a shape since ages. That is the unique status granted to India in world history and that is why a renowned American historian, Will Durant, glorifies the ancient nation: ‘“India was the motherland of our race, and Sanskrit the mother of Europe’s languages: she was the mother of our philosophy; mother, through the Arabs, of much of our mathematics;…Mother India is in many ways the mother of us all”.Page 12

Editor’s PickHowever, the recent stance taken by the centre to file an affidavit in the Supreme Court to deport stateless andpersecuted Rohingya Muslims not only hurts the spiritual image of India as ‘the cradle of human race’ but alsogoes against the constitutional protections of Article 14 (Right to Equality), Article 21 (Right to Life and Per-sonal Liberty) and Article 51(c) of the Constitution of India, which provides equal rights and liberty to everyperson.According to available data, more than 14,000 Rohingyas, registered with the UNHCR, were staying in India.However, some inputs indicate that around 40,000 Rohingyas are staying in India illegally, largely located inJammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan.Ronhingya presence poses national security threat states the affidavit filed by centre to the Supreme Court. Thisantagonistic and ill-disposed attitude by the Central Government of India toward the most persecuted peopleon earth goes against the government’s own humanitarian gestures toward them.Needless to mention, the centre has sanctioned supply of humanitarian assistance to Rohingya refugee campsin Cox’s Bazar. The Indian mission had tweet: “Operation Insaniyat: High Commission handed over 1st consignmenthumanitarian assistance by India to Bangladesh.”If Rohingyas pose national security threat, why should Operation Insaniyat be offered to the prospective futureterrorists? This reflects Centre’s inconsistency and its self-contradictory approach toward Ronhingya humantragedy.India is home to over 3 lakh refugees, ranking 23rd on a list of countries with the highest refugee population.The largest number of people living in India as refugees, or in refugee-like condition is from Tibet and Sri Lan-ka.According to the latest available data which was presented by Minister of State for Home Affairs Kiren Rijijuin March 2016, a total of 2,89,394 refugees living in India (as on 31/12/2014) from 28 different countries whichalso included stateless people.While the minority refugees such as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan,Bangladesh and Pakistan are allowed to stay in India on Long Term Visas, the same is denied to the minorityRohingya from Maynmar.In its recent decision, the centre has granted 1 lakh Chakma and Hajong refugees limited citizenship. It hasalso introduced the Citizenship (Amendment) Bill, 2016 in Parliament that creates a path to citizenship fornon-Muslim minorities facing persecution in neighbouring countries. All this raises the charges of hypocrisyand religious discrimination. (Rohingya-Chakma Conundrum: Government must come up with clear policy onrefugees by Rudroneel Ghosh, The Times of India, September 19, 2017)This also contradicts India’s history, culture, traditions of magnanimity in welcoming refugees who escape vi-olence looking for safety and sanctuary. Vijayalakshmi Pandit, former India’s ambassador to the United States,Soviet Union and Mexico, said: ““Suffering knows no racial or political boundaries; it is the same for all. As international tension increases, vast masses ofhumanity might be uprooted and displaced.” [Madras Courier, July 17, 2017]India’s global image is that of an emerging major power. It is also the largest democracy in the world. Indiashould reflect its wisdom of leadership in dealing with Rohingya refugee crisis with unbiasedness and impar-tiality.Expectations are high that India should extend help to the fleeing Rohingya, at least on humanitarian grounds.This benevolence is essentially the character and spirit of India and makes our country the ‘cradle of the humanrace’ as Mark Twain, a noted American writer, once expressed.Unfortunately, reactionary and ultra-conservative political outlook at present blinds vision of our hidden trea-sure of mystical strength and spiritual light in extending help to the homeless. Page 13

Libertatem Magazine - Edition 33India’s Diplomatic Prowess -Tool to tackle Belligerent Chinaand Pakistan By Vaibhav Sharma The international politics is a complex web of global alliances and synergic economic interests. The international relations are decided by a multitude of factors ranging from international trade, geopolitical stability and sover- eign integrity. These are ever changing and must be moulded to suit altered situations. It is clear that every nation is competing for the higher echelons of power and business. Many times, the countries may have conflicting interest or might see each other as a potential opponent in their quest for the control of the natural resources. The hostility between the nations which surround the South China Sea is a classic example of tension between the neighbouring states in order to establish their supremacy over the natural minerals and trade routes. The global powers like United States, China, Russia, India, etc. are nuclear armed states and these weapons of mass destruc- tion constitutes an effective deterrent for the other nations to take any leverage with them. The global hegemony of US is also challenged in the contemporary times by the rise of belligerent China who generously supports its allies to make for a parallel power centre. The election of Donald Trump to the US Presidency has started an era of unusual inconsistency for he is known to take extreme positions to benefit his interests. In such a challenging world political scenario, India appears to be a shining star due to its ability to both ma- noeuvre out of complex situations and show rigidity when needed. Ever since the beginning of the term of the Prime Minister Narendra Modi, the global relations have been the hallmark of the government. The PM himself has established cordial relations with a number of nations and has craved a unique niche for the nation in the world. The relations with both USA and Russia have been cordial. India has also increased its global standing as a world power due to the support it has lent to environmental causes like International Solar Alliance (ISA) and the United Nations Framework Convention against Climate Change (UNFCCC, popularly known as the Paris Pact). While the former is an initiative of India with France, the commitment towards the Paris Pact is significant be- cause of the departure of the USA from the pact. The use of the global diplomacy to ease out tensions between the nations is on an all-time high. The Union External Affairs Minister Sushma Swaraj has also done a commendable job to pitch for India’s interests at various international forums. Belligerency of China The geographical boundary dispute between India and China dates back to the times of the Shimla Accord (1914) which was signed between the colonial British, Tibet and China that demarcated the Radcliffe Line between Chi- na and India. The accord has been disputed by China which asserts its claims over a large territory of Arunachal Pradesh as well. The refuge granted by the Indian Government to the fleeing Dalai Lama in 1959 worsened the relations that culminated into a full-fledged War in 1962. Over the years, the relations have remained stable in spite of some instance so border invasions or muscle flexing by the Chinese military. The recent stand-off at the tri-junction point at Doklam tried to push the two nations into hostility. Though the stalemate continued for over a month, both the nations practised restraint and an amicable solution was found in the end. China has also tried to subvert the interests of India at global forum through its reservations against declaration of Masood Azhar as the international terrorist and blocking India’s entry into the coveted Nuclear Suppliers Group (NSG). Though its resistance for the latter is supposedly on the ground that India is not a signatory to the Comprehensive Test Ban Treaty (CTBT), but the real motive is to harm India’s nuclear ambitions. It has tried to surround India through its unstated ‘Ring of Pearls’ strategy and has developed relations with nations like Sri Lanka, Myanmar, Nepal, etc. to assert its supremacy in the Indian subcontinent. It has also developed military bases in Pakistan and Djibouti to extend its influence. The most controversial project of China is the ambitious One Road, One Belt (OROB) which seeks to develop trade partnerships along the historic Silk Route with the Middle East. The $50 billion venture include China Paki- stan Economic Corridor (CPEC) that aims to develop trade synergies between the two nations in addition to thePage 14

News Storyfuel pipeline from the Middle East nations. The bone of contention in the project is that it passes through the dis-puted region of Pakistan occupied Kashmir (PoK) of Gilgit Baltistan. India has expressed its reservations towardsthe project in the strongest terms. It also skipped the last moth meet of OROB to convey its opposition. Notwith-standing the problem between the two nations, the Modi Government has succeeded in handling the tricky situa-tion with caution and has restrained from unnecessary chest thumping. The PM himself met the Chinese Premierat the BRICS Summit in September 2017 to maintain ‘sustainable and healthy ties’. India has also attained globalsupport from USA and Russia to thwart any malicious attemptsof China to undermine its sovereignty. The feather in the capwould be India’s entry into the Missile Technology ControlRegime (MTCR), an elite global grouping of which China is not amember. India has also uncovered the double standards of Chinaat various international forums as it on one hand talks of elimina-tion terrorism, and on the other hand provides financial and mil-itary support to Pakistan who is the biggest dealer of terrorismin the world. The influence of India led to even USA recognisingthat the OROB project is unsustainable because its undermineIndia’s territorial sovereignty and passes through the disputedPok region. It is pertinent to mention that only a handful of na-tions have agreed to collaborate with China on OROB due to thesustained global opposition and pressure by India.Exposing Pakistan’s Diabolic PlansThe problem of Pakistan sponsored terrorism has been one of the gravest contingencies that the nation is facingfrom decades. Thousands of valiant soldiers have sacrificed themselves and humongous resources have been putto cater to it. The support to the terrorism by Pakistan is now an exposed truth, thanks to the continuous bashingadministered by India at global platforms. The External Affairs Minister Sushma Swaraj said at the United NationsGeneral Assembly, “We have made IITs, Pakistan built Lashkar”, while accusing Pakistan of the state sponsoredterrorism. It must be marked as an achievement of India that even the Middle Eastern nations which used to havea sympathetic attitude towards Pakistan have been seen as distancing themselves from it. The greatest indictmentfor Pakistan has come from the ally United States which has warned Pakistan to improve the situation and acttough on terrorism. The Donald Trump’s government is extremely serious on its fight against terrorism and USDefence Secretary James Mattis has recently advised Pakistan that it could benefit from India if it ends safe havensfor terrorists. It must be mentioned that Pakistan had to face huge embarrassment at the UN due to false photo-graphs being posted to show atrocities on Kashmiris in India. India quickly exposed this fallacious evidence as thephotograph was on Israel where the conflict is with Palestine. It is a glaring example of the loss of credibility ofPakistan at the global stage and its coronation of being the benefactor of global terror.Strengthening ties with AlliesThe greatest feature of the diplomatic strength of India has been its ability to cement relations with nations ofdiverse ideologies and interests. At the top of the list of India’s allies have to be USA and Russia, with India beingable to balance both superpowers with élan. Donald Trump has said on the visit of PM Modi that India has ‘a truefriend’ in the White House. Trump has also called on India to have a greater role in Afghanistan and has support-ed the opposition to the OROB Project. India has maintained equal warm ties with Russia with both of them beinginvolved in defence projects along with the construction of nuclear reactors in India. Japan is one of closet ally ofIndia and is pivotal for India’s ‘Look East Policy’. It has invested heavily in infrastructure projects in India and hasrendered technical support for the Rs. 1 lakh crores Bullet Train Project. The naval exercise in the form of Mala-bar Exercise between USA, Japan and India in the Indian Ocean is one of the biggest in the world. PM Modi alsoscripted history by becoming the first PM to visit Israel. Israel extended warm regards and has promised supportin military, irrigation and surveillance systems. India has rigidly supported Bhutan against China’s hegemony atDokhlam and has cordial relations with Myanmar and Bangladesh.The ties with Australia are also on all time high with the nation promising the supply of uranium ore for India’snuclear reactors. The PM has been successful in forging unique trust with Middle East nations as well especiallySaudi Arabia, Kuwait and UAE. Interestingly, Iran is one of the closest associate with about half of the critical oilsupply to India coming from it. The close ties with the Middle East countries show India’s diverse relations withglobal powers. Germany has one of the trusted partners of India and has invested millions of rupees in the infra-structural projects. Page 15

Libertatem Magazine - Edition 33Page 16

News Story‘Diplomatic Prowess’ India’s formidable weaponThe success of India’s diplomatic capability in establishing warm relations with diverse nations and help incontributing to the nation’s interests is unparalleled in the entire world. The present diplomatic prowess andthe ‘personal touch’ rendered by the PM Modi in fostering partnerships with foreign nations might give a toughcompetition to Nehru’s Panchsheel which helped the nation remain neutral in the Cold War Era. Narendra Modihas been able to forge a great working relation with both Obama and Donald Trump, both of whom differ intheir style and demeanour. Sushma Swaraj has ably supported the PM and has been instrumental in conductingdiplomatic mission with great success. The present dispensation has been able to attract huge foreign investmentand technological intervention due to its working pattern from the global powers. India today is being seen asthe global power house and its stance carries global credence with wide ranging repercussions. The nation has aunique opportunity to benefit from its global partnerships and ameliorate the masses from the evils of hunger,poverty and disease. It is hoped that the Union Government continues to chart greater successes through immac-ulate diplomacy manoeuvring and is able to fulfil the aspirations of crores of Indians. Page 17

Libertatem Magazine - Edition 33Escalating tensionsbetween India andPakistan By Debajyoti Saha Pakistan: a Terroristan Country; says India India has branded Pakistan as “Terroristan” in the recent UN General Assembly Meeting. Sushma Swaraj, India’s External Affairs Minister, had called Pakistan “pre-eminent terror export factory”. The contribution of Pakistan to the global terrorism can be said to be unparalleled as told by Eenam Gambhir, India’s first sec- retary to the UN in the UN General Assembly. The “land of the pure” is changing into “land of the terror”. Pakistan’s sponsorship of terrorism can be seen through the uprising of the Hafiz Saeed’s organisation, which is one of the UN designated terrorist organisation, as one of the political parties in Pakistan. India’s represen- tative stated that Pakistan’s counter-terrorism policy is to provide safe haven for the mainstream terrorists who are part of the global terrorist groups. It was also expressed that all the preventive measures taken by Pakistan do not justify any of their actions. India’s neighbour country must understand that Jammu and Kashmir would remain as the integral part of India, no matter how much Pakistan tried to violate the territorial integrity of India. On the other hand, Pakistan stated that it was not to be blamed for any political situation of Afghani- stan. It was not providing any harbour to the Talibans. It also stated that there was a violation of the Geneva Convention in the Jammu and Kashmir by the Indian militants as many people were injured by the firing of the shotgun pellets. The injured civilians were merely protesting against the NDA government functioning in Delhi .Pakistan held India responsible for all the unrest in the Kashmir region. Pakistan requested the United Nations to send a special envoy to India in order to assess the prevailing situation of Kashmir. It was stated that Pakistan would revert back with the matching response towards India. In response to this, Gambhir stated that Pakistan was diverting all the funds meant for improving the military infrastructure of different countries towards building the largest terrorist nation in the whole world. He stated that it was ironical that the country which gave shelter to terrorists like Osama bin Laden are now playing the role of victim in the current assembly. But all the above comments are not backed by any kind of stringent action. India always avoids to take actions like halting the trade between both countries or taking off the “Most Favoured Nation” status from Pakistan. If the recent governments are to be taken into consideration, they have shied away from their responsibility. India’s cautious attitude from the beginning is costing very badly to India itself. Firstly, India will not take any major action against all the cease-fire violations and secondly, it does not ask any other organisation like Unit- ed Nations to impose sanctions on Pakistan. Balochistan Issue Next coming to the Balochistan issue, though Narendra Modi raised the issue in the speech of Independence Day, 2017, but after that, India has kept quite over the matter. Balochistan is becoming the new East Pakistan due to the atrocities committed by the Pakistan militants. Pakistan is using fake photographs of the killings In Jammu and Kashmir by Indian militants. But India has only responded by branding Pakistan as “terroristan”. India has issue with the Pakistan Occupied Kashmir. Pakistan is coming up with different kind of projects like building dams etc. in that region. There is no opposition to that by India. Narendra Modi had claimed that blood and water cannot flow together through the Indus. The Permanent Indus River Commission has been suspended long ago. But now the World Bank is trying to act as the mediator between India and Pakistan in order to start the treaty again. There is no action as such from the side of India against this move.Page 18

News StoryModi’s surprise visit to Lahore on the issue of cross-border terrorism turned out to be of no use. Immediatelyafter that, there were mass killings by the Pakistan Militants. India tried to take the revenge by operating sur-gical strike over the opposition’s military pads. Following the same, Pakistan did not learn any lesson and kepton violating the cease-fire. On 2nd October, 2017, Pakistan violated the cease-fire near the Poonch district ofJammu and Kashmir which led to killing of a 10-year old girl and injuring several civilians.A Change in the Attitude Of Indian Leaders- Need of the HourIt seems that the India-Pakistan fight is of India’s alone. The NDA government asked Rajeev Chandrasekharto withdraw his private member bill of naming Pakistan as a “terrorist state”. India is not even willing tobrand ISI (Pakistan’s Investigation Agency) as an organisation sponsoring the terrorists. India, in furtheranceof showing goodwill, allowed ISI to conduct investigation in the Pathankot attacks where ISI was behind theorchestrated attack in Pathankot. India needs to stop retaliating to Pakistan’s actions only by talks.The time has reached where the Government of India have to retaliate more strongly. When the other countryis not learning any lesson from the measures taken by India, it will be better to show a strict attitude instead ofa cautious attitude. Civilians dying as a product of the war between India and Pakistan.Many peace talks have been conducted between both the countries. All of them turning out to be futile as nonegave any positive results. India is always at a strategic advantage over Pakistan which it must use for the pro-tection of its nation.Even the world public opinion is against India for such callous attitude. So the last thing left for India is to reactin a manner popularly coined as “tit for tat”. Page 19

Libertatem Magazine - Edition 33 India World No.1 in Cricket - Decoding Team India’s Success Formula By Vaibhav Sharma The Indian Men’s Cricket Team is in the recent times seems to possess a Midas touch. It appears that everything that team under Virat’s command touches turns into gold. With the recent conclusion of One Day Internationals (ODIs) series against Australia, India has/the team has finished on the top of the Cricket Ratings in both the Test Matches as well as ODIs. The phenomenal success of the team has been attributed to many/sevral factors, one such being the smooth transition of the captaincy in the hands of Virat Kohli/Virat’s hands. In the test cricket, India has quiet successfully clinched last eight test mactch series in a row. it is just one short to equal/level the record of Australia, nine consecutive victories on a roll. The formidable form of the team must be decoded in detail and also the roles of young players especially Hardik Pandya being pivotal to achieve the desired goals on a consistent basis. Smooth Transition for ‘New Captain’ The Indian Team has in the recent years seen the transformation from a Ms Dhoni’s Captaincy to the new hands of Virat Kohli, with significant differences in then and now. . The new captain took over the Test captaincy in 2014 when MS Dhoni announced his ‘surprise’ retirement from the longest format/5-day format. The team recorded exceptional success rates under his command with an unbeaten series streak running into the third year as well. The team is also ranked as Number one in the world with a rating of 125, cruising well ahead of South Africa which is on the second spot with a score of 110. In the past three years, India has defeated all great names, New Zealand, South Africa, Sri Lanka and Australia in the teat series. The white wash of Sri Lanka on their home soil has been a stellar example of the victorious spirit poccessed by Team India. The team has displayed astound- ing courage to bounce back every time, ithas also been subjected to pressure by the opponent team. The achievement story for the team in ODIs has also been exceptional , currently being the number one side in the world. It is pertinent to mention that India needed to defeat Australia by a specific lead of 4-1 in the series to attain the top spot and gladly the team succeeded in it. The new captain has infused a renewed confidence in the team with ‘fearlessness’ being one of the main attributes. The team/the unit shows/possesses the will to emerge triumphant in all situations. The objective is to continue the unbeaten run. The younger players are provided with the leverage to express themselves on the field and the captain himself backs them with favourable field set- tings. The main feature of this ’New Age’ team is blend of experience and talent, with the exposure ofseasoned players like MS Dhoni, R Ashwin, Rohit Sharma and Shikhar Dhawan, mentoring the new entrants becomes quite handy by guiding them. Combination of Virat Kohli and MS Dhoni/A Duelist Spirit The fact that MS Dhoni has stepped down from the captaincy from both the test matches as well as the limited overs cricket, coupled with the reality that he still remains a pivotal part of the ODIs fixture, could have resulted in a tough situation for both for the new captain and old guard. It has been on the contrary, been beneficial for the team, both Kohli and Dhoni have great rapport and mutually respect each other. Many times it has been observed that Virat takes the advice of Dhoni into account before a fielding or bowling change.MS Dhoni with his vast experience is also able to guide the team in scenerios of DRS, that whether the Decision Review System (DRS) must be taken or not. He is very useful in setting the field as well particularly in the last/death overs, when Virat himself is in the outfield. Dhoni has also transformed his batting style nowdays, playing with greater responsibility and taking gane till the end with lower order. He has also guided players like Hardik Pandya and Bhuwaneshwar Kumar while scripting partnerships to save the team. The unparalleled combination of Virat’s aggression and Dhoni’s experience makes for a duelist spirit/ one of the most deadly leadership skills which is non-existent in any other team in the world.Page 20

News StoryRise of ‘Spin Powerhouse’Indian has always been known to be one of the best spin bowling team in the world/India has been known forits Knack of producing some great spin bowlers in world cricket. We have produced world class spinners likeAnil Kumble, Harbhajan Singh, Bishen Singh Bedi, etc. The thing about thecontemporary spinners like R Ash-win, Ravinder Jadeja, Kuldeep Yadav and Yuzevendera Chahal which brings them theinto perspective is that,they lead the bowling attack from the front. The youngsters like Chahal, Yadav and Axar Patel don’t get rattledby onslaught, but rather backs themselves to take wickets,thanks to the believe . The team management has alsosupported the bowlers very well, every player given ample opportunities to prove his mettle. The superb successrates in the test matches is largely the result of great bowling skills potrayed by Ravinder Jadeja and R Ashwin,who have outfoxed nearly every opponent side with spin. The fact that both of them are ranked second and thirdrespectively, in the world in both bowling and all-rounders shows/depicts their excellent form as well as record.They have contributed both with the bowl and bat to give their team the killer edge. The comprehensiveness ofIndia’s recent victory over Australia could be gauged from the fact that both Ashwin and Jadeja didn’t play asingle game, yet the home side routed the Australians 4-1. The ‘problem of plenty’ in the spin department is thebest headache that a team management is faced with in the given period.‘Opening Combination’ kicks inThe importance of the opening batsmen in any format of the game is immense as they set the stage for the com-ing players to build up the innings. They are also entrusted with the responsibility of dealing with the ‘New Ball’and see through the initial pace attack. India, in the recent past has been extremely lucky to get hold of a settledcombination consisting of Rohit Sharma and Shikhar Dhawan for the ODIs. They on several occasions havecontributed with sometimes a fifty runs and other times a hundred run stands to bolster the team’s chances. Oneof interesting facts being that the bench strength of the current is so high that after Shikhar Dhawan who scoredthe highest runs for the team against Sri Lanka in the ODIs had to opt out of the Australian series due to person-al reasons, Ajinkiya Rahane chipped in with quiet an ease for the opener’s role. In the test matches, the role hasbeen played by KL Rahul along with Shikhar Dhawan with great success, even on foreign soils.The real backbone of the team’s batting has been the skipper himself, Virat Kohli being the chase specialist in theODIs ,has more than 28 centuries under his belt. It is a world record and he has beaten legends like Sachin Ten-dulkar, Ricky Ponting, etc. in this aspect. The contribution of Cheteswar Pujara, Virat Kohli, Ajinkiya Rahane andKL Rahul who all feature in the Top 10 of the Batsmen rankings have helped the team win over other sides.The ‘Pace Powerhouse’ emergesThe great victories of the team in both the ODIs and Test matches have been the result of outstanding contri-bution by the pace bowlers. e Mohd. Shami, Bhuvaneshwar Kumar, Jasprit Bumrah and Umesh Yadav havebeen able to swing the bowl with great discipline. The duo of Bhuwaneshwar Kumar and Kasprit Bumrah hasemerged as the best death overs combination for the ODIs and has been able to stem the flow of runs on nu-merous occasions. The test cricket has also observed the pacers utilising the seam conditions with panache andproviding early breakthroughs to the team. The bowling coach Bharat Arun has also been quiet pivotal in thesuccess of the fast as well as medium fast bowlers and has polished their skills to great effect. Page 21

Libertatem Magazine - Edition 33 Rise of Hardik Pandya The newest/Brand new superstar in the Indian Team is being marked as the ‘Ace in the Pack’ for the team. He has been in carrying into a marauding form in both test matches and ODIs. He has established himself as an upper order batsman with an exhibition of a remarkable composure in some recent innings. He has also added to the bowling prowess, executing the role of the fifth bowler. He has given the team an extra edge with an attribute of acting as a pace all-rounder in place of the traditional part time spinners. He has worked very hard on his bowling and has improved his lengths and consistency. The uprising has been in his battling with the team management and hooking off to number 4 slot to extend the batting line up. His brutal attacks against the spinners are one of the most joyful sights for any Indian cricket fan. He has also matured as a player and has performed immaculately in test matches as well. His fitness levels and aggressive demeanour adds to the entire aura which make him an unassailable player of cricket. New Coach and focus on Fitness The arrival of Ravi Shastri first as a manager and then as the coach of the team has been quiet beneficial for the team. He shares great rapport with the captain Virat Kohli and the results under his coachman ship infer the same. He has given the required/right amount of leverage to the captain, so as to share the team and has also lent outside support in the times of exigencies. The added emphasis on fitness of the players has also helped the players in refining their fielding skills. It has lifted the morale of the team with every/each player being involved in a healthy competition with his team mates to prove his potential. Virat Kohli who himself is ex- tremely fit, leads the team from the front in this department and is one of the best known fielders in the world. Even in the test matches, the level of fielding is very high and it certainly puts the opposition under tremendous pressure, as the fielders are not ready to concede even an inch in the field. The Road to Glory….. The Indian team is currently the top ranked side both in test matches as well as ODIs, but there are still some greater goals that the team must achieve to emerge ‘Invictus’/undefeatable. The disappointing loss against Pakistan in the finals of the Champions Trophy, England still ekes/pinches in the heart of every Indian fan. The emphasis on playing in the English conditions is even greater nowadays, because the venue for 2019 World Cup is England and Wales. The whole nation would be hoping that India becomes the world champions once again and reclaims the coveted trophy from the reigning champions, Australia. Another area in which the current team has still not been tested is the foreign test series particularly in Australia and England. It is pertinent to mention that even in 2011 when the team appeared unassailable in the world, had to face a humiliating defeats in several test matches in England. But Virat Kohli’s team surely appears more formidable than ever. Perhaps it is time that the team achieves success in the toughest seam conditions and rests the debate/case forever. It is hoped that the Indian Team would continue its scintillating form under the aggressive captain and would achieve feats which would be repeated as folklores for times immemorial/to come.Page 22

News Story Page 23

Libertatem Magazine - Edition 33 the cou By Swarnalee Haldar, Rahi Reza & Sweta Subudhi

the Courtroomurtroom

Libertatem Magazine - Edition 33 Alimony given under Domestic Violence Act can’t be replaced by 125 Cr.P.C Case – Rekha Prakash Dangi vs. Her Husband The Bombay High Court recently clarified the position of law pertaining to Alimony. While scrutinizing the whether an order passed for alimony under section 125 Cr.P.C is to be followed, or, whether an order passed for alimony under Domestic Violence Act, is to be followed, the court held that both the orders stand inde- pendently of each other. Bench comprised of - The single judge bench of Justice Shalini Phansalkar Joshi was hearing the counter writ examining the ques- tion related to alimony filed by both husband and wife. Facts- Rekha Prakash Dangi, aged 26, (petitioner’s wife) had filed a maintenance petition under section 125 of Cr.P.C in 2010, which was decided on January 20, 2016. Court had allowed the petition and awarded an ali- mony of Rs. 6,000 for wife and Rs. 4,000 for the minor daughter, every month. While this petition under section 125 Cr.P.C was pending, another petition under the Domestic Violence Act was filed in 2012 wherein an interim maintenance was sought. Court partly allowed the petition on July 26, 2012, and awarded maintenance of Rs. 8,000 and Rs. 5,000 to the wife and minor daughter. While the proceeding under section 125 Cr.P.C was going on the husband indicated the alimony decree passed by the family court under the Domestic Violence Act, the court recorded that the husband was already paying the amount but nowhere referred that the order of alimony passed in the proceedings of domestic violence act would replace the order passed under Section 125 Cr.P.C Section 20 (1) (d) of the Domestic Violence Act states- ‘In proceedings under the Domestic Violence Act, the Magistrate may direct the Respondent to pay the main- tenance to the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of Cr.P.C. or any other law for the time being in force. Section 36 of the Domestic Violence Act states- ‘The provisions of the Domestic Violence Act shall be in addition to and not in derogation of the provisions of and not in derogation of the provisions of any other law for the time being in force.’ “Therefore, it follows that the awarded amount of alimony under the Domestic Violence Act cannot be replaced by the amount awarded for alimony under Section 125 of Cr.P.C.” Judgement- Court held that both the orders of alimony have to be complied . Court held that both the orders stand inde- pendently of each other.Page 26

the Courtroom Ban on Fireworks: SC gives elabo-rate directions to check healt hazard caused by Diwali fireworks in DelhiCase-Arjun Gopal vs. Union of IndiaFacts -Considering the necessity to give precedence to the health of the people in Delhi and in the NCR over any com-mercial or other interest, the bench of Madan B Lokur and Deepak Gupta, JJ issued elaborate directions and saidthat keeping in mind the adverse effects of air pollution, the human right to breathe clean air and the human rightto health, the Central Government and other authorities should consider encouraging display fireworks throughcommunity participation rather than individual bursting of fireworks.Court HearingThe directions issued by the Court are as follows:• The concerned police authorities and the District Magistrates will ensure that fireworks are not burst in silence zones that is, an area at least 100 meters away from hospitals, nursing homes, primary and district health-care centres, edu- cational institutions, courts, religious places or any other area that may be declared as a silence zone by the concerned authorities.• The Delhi Police is directed to reduce the grant of temporary licences by about 50% of the number of licences granted in 2016. The number of temporary licences should be capped at 500.• The Union of India will update and revise and ensure strict compliance with the Notification dated 27th January, 1992 regarding the ban on import of fireworks.• The Department of Education of the Government of NCT of Delhi and the corresponding Department in other States in the NCR shall immediately formulate a plan of action, in not more than 15 days, to reach out to children in all the schools through the school staff, volunteers and NGOs to sensitize and educate school children on the health hazards and ill-effects of breathing polluted air, including air that is polluted due to fireworks. School children should be encouraged to reduce, if not eliminate, the bursting of fireworks as a part of any festivities.• Fireworks containing aluminium, sulphur, potassium and barium may be sold in Delhi and in the NCR, provided the composition already approved by Petroleum and Explosives Safety Organization (PESO) is maintained. However, the use of compounds of antimony, lithium, mercury, arsenic and lead in the manufacture of fireworks as well as the use of strontium chromate in the manufacture of fireworks is prohibited.• 50,00,000 kg of fireworks is far more than enough for Dussehra and Diwali in 2017, hence, transport of fireworks into Delhi and the NCR from outside the region is prohibited and the concerned law enforcement authorities will ensure that there is no further entry of fireworks into Delhi and the NCR till further orders. The permanent licensees are at liberty to take measures to transport the stocks outside Delhi and the NCR.• The suspension of permanent licences as directed by the order dated 11th November, 2016 is lifted for the time being. However, the suspension might be reviewed after Diwali depending on the ambient air quality post Diwali.• Research study must be jointly carried out by the Central Pollution Control Board (CPCB) and the Fireworks Develop- ment Research Centre (FDRC) laying down appropriate standards for ambient air quality in relation to the bursting of fireworks and the release of their constituents in the air. Also, a research study needs to be conducted on the impact of bursting fireworks during Dussehra and Diwali on the health of the people.Judgement-The Court appointed a Committee to be chaired by the Chairperson of the CPCB and consisting of officers at theappropriate level from the National Physical Laboratory, Delhi, the Defence Institute of Physiology and AlliedSciences, Timarpur, Delhi, the Indian Institute of Technology-Kanpur, scientists from the State Pollution ControlBoards, the Fire Development and Research Centre, Sivakasi and Nagpur and the National Environment Engi-neering Research Institute (NEERI) nominated by the Chairperson of the CPCB to submit a report in this regardpreferably on or before 31st December, 2017. Page 27

Libertatem Magazine - Edition 33Kerala High Court restores banon cricketer Case- BCCI (Board of Control for Cricket in India) vs. S Sreesanth Facts- Sreesanth made his international debut way back in 2005, appearing in an ODI against Sri Lanka in Nagpur. He made his Test debut against England in 2006. In 27 Tests, Sreesanth has 87 wickets at an average of 37.59 with best match figures of 8/99. He has taken five wickets in an innings three times. His bowling average in the ODIs is a shade better as he picked 75 wickets in 53 matches at 33.44. His career-best figures is 6/55. The division bench of the Kerala High Court has accepted the petition filed by the Board of Control for Crick- et in India(BCCI) and once again restored the life ban on bowler S Sreesanth. The division bench rejected the earlier single bench order of the High Court which had acquitted him. The division bench in its ruling stated that the court cannot conduct a judicial review of the life ban and hence upheld BCCI’s appeal. Earlier, a single bench of the High Court had quashed the ban imposed by BCCI. This led the BCCI to file an appeal before the division bench. After the BCCI had banned Sreesanth in 2013 for his involvement in the match-fixing scandal, the right-arm pacer went on to challenge it by filing a writ petition this year. Sreesanth argued that the panel formed by BCCI had submitted the final report without giving him a chance of hearing. Back in 2015, a court in Delhi also acquitted Sreesanth of all charges, but the BCCI had slapped a life term on him. In August this year, the High Court provided a big relief to the pacer when it lifted the life ban imposed in 2013. Sreesanth’s last IPL match was in 2013 against Kings XI Punjab and since then he has been out of action. Hearing’s of the bench- The division bench said there was no violation of natural justice against the cricketer and quashed the single bench order in Sreesanth’s favour. In its appeal, the BCCI had said the decision to ban the cricketer was taken based on the evidence against him. The single-judge bench had on August 7 lifted the life ban imposed on him by the BCCI. Justice A Muhamed Mustaque had also set aside all proceedings against Sreesanth initiated by the board. The court had earlier sought the BCCI’s stand on the plea by the cricketer, challenging the ban following the 2013 Indian Premier League-6 spot-fixing scandal. The BCCI had filed a counter-affidavit on the issue in the court in response to the plea by Sreesanth, who had challenged the life ban despite a court dropping all charges against him. The cricket board had said, “The decision of the sessions court to acquit the petitioner from the criminal charges has no impact whatsoever on the decision of the internal disciplinary committee of the BCCI to ban the petitioner from playing cricket tournaments organised by the BCCI and/or its affiliates.” All the 36 accused in the spot-fixing case, including Sreesanth, Ankeet Chavan and Ajit Chandila, were let off by a Patiala House court in July, 2015. The BCCI, however, had refused to alter its disciplinary decision even after the verdict. Bench- The bench, comprising Chief Justice Navaniti Prasad Singh and Justice Raja Vijayaraghavan, gave the verdict on a petition filed by the BCCI against a single-judge bench’s order, lifting the life ban imposed on the 34-year- old pacer. Judgement - A division bench of the Kerala High Court on Oct 17, 2017 restored the life ban imposed onPage 28

the Courtroomcricketer S Sreesanth by the Board of Control for Cricket in India (BCCI) in the wake of the 2013 IPL spot-fixingscandal.Learning outcome-S. Sreesanth bore the brunt of public ire ever since his involvement in the IPL spot-fixing scandal came to light.Overnight he turned from hero to villain. Fans burnt him in effigy and calls to ban him from the sport did therounds. “Being a celebrity and role model he should show more maturity and be careful about his conduct on and off thefield,” Mr. Balachandran said.Rohingyas are threat to securityPetition filled by –Senior lawyer Prashant BhushanFacts-An affidavit prepared by the government for possible filing in the Supreme Court said Rohingya refugees are asecurity threat and they must be deported to Myanmar, a stand that is likely to rile human rights activists.The affidavit was not filed, and the government said it was ‘unfinalized’ and did not necessarily reflect its finalposition. A copy of it emerged in the media on Thursday after the government mistakenly served it to a lawyerwho has moved the Supreme Court against a plan to deport the refugees.Rohingyas are a minority in Myanmar’s Rakhine, where an intense military crackdown — likened to an ethniccleansing by the United Nations — has driven hundreds of thousands to flee to countries such as Bangladeshand India.Close to 40,000 Rohingya Muslims live in India after fleeing Myanmar over the past decade. Nearly 15,000 havereceived refugee documentation, according to the United Nations, but India wants to deport them all. Lastweek, UN’s human rights chief criticized India’s decision as lacking ‘basic human compassion’.“The copy served on you has not been filed in the Supreme Court of India. Kindly, therefore do not treat thecopy served on you as the affidavit of the central government,” the government said in a statement after theproposed affidavit was reported online and by TV channels.According to the affidavit that may or not be filed, the government has flagged purported links of some un-authorized Rohingya immigrants to militant groups based in Pakistan and Bangladesh. The government hasalso said the refugees are vulnerable to radicalization by groups like the Islamic State. The document mentionsrefugees being involved in “illegal/anti-national activities i.e mobilization of funds through hundi/hawalachannels, procuring fake/fabricated Indian identity documents for other Rohingyas/Bangladeshis, and alsoindulging in human trafficking”.Senior lawyer Prashant Bhushan has filed a petition on behalf of two immigrants challenging the government’sdecision to begin deporting them to Myanmar. The Supreme Court asked the government for its responsewhich will likely be filed ahead of the next hearing next week. Many of the Rohingya refugees who fled to Indiahave settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan. Former RSS ideologueand Rashtriya Swabhiman Andolan leader KN Govindacharaya has also moved the apex court seeking to makehim a party in the case filed by the two Rohingya Muslims. Govindacharya has opposed their plea, saying theywere “a burden” on the country’s resources and posed a serious threat to national security.Judgement-The plea against deportations was based on grounds of violation of conventions of international human rights.The Home Ministry in July expressed concerns that the Rohingya immigrants pose a challenge to the country’ssecurity and that they may be recruited by terror outfits. The Central Ministry had then directed state govern-ments that they must set up district-level task forces to identify and deport illegal immigrants. Page 29

Published by Libertatem Media Group,Royal Heights, Khodiyar, Ahmedabad 382421 Gujarat, India www.libertatemmagazine.com Read the magazine on © All Rights Reserved by Libertatem Media Group [2017]