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The Times Of India - Bangalore, 2017-12-08 Cropped page Page: 13
Copyright 2016 Olive Software 2017-12-08 00:22:51
THE TIMES OF INDIA, BENGALURU FRIDAY, DECEMBER 8, 2017 13TIMES NATION
New Delhi: The SupremeCourt on Thursday sternlywarned a small band of senioradvocates and lawyers toforthwith rein in their tenden-cy to raise their voice duringarguments when they find thecourt disagreeing with them.A five-judge constitutionbench of Chief Justice DipakMisra and Justices A K Sikri,AM Khanwilkar, DY Chandra-chud and Ashok Bhushantook strong exception to thetactics employed by the‘shouting brigade’ and said,“Lawyers are called the minis-ters of justice. They are alsoreferred to as officers of thecourt. But unfortunately, asmall group of lawyers raisetheir voice. They must under-stand absolutely clearly thatraising their voice is not goingto be tolerated. Raising thevoice means either the lawyer
is incompetent to present thecase or he is inadequately pre-pared with the case.”
The trigger for the toughtalk was provided by formersolicitor general Gopal Sub-ramanium, who expressedconcern over the non-deco-rous manner in which argu-ments were being advancedby senior advocates and law-yers, seriously harming thejudiciary’s reputation.
“We have to maintain thehighest tradition of advanc-ing arguments in the mostdecorous manner in the apexcourt to present the facts as
they are without misleadingthe court. We as advocatesmust be very fair to the courtand assist it in the dispensa-tion of justice,” he said.
The CJI referred to argu-ments advanced by senior ad-vocates Kapil Sibal, Dush-aynt Dave and Rajeev Dhavanin the Ayodhya case on Tues-day and the manner in whichDhavan argued on Wednes-day for Delhi government inits turf war with the Centre.
After Subramanium’scomments, the CJI said, “Weare compelled to connect it(expression of anguish) to
yesterday’s incident (whenthe bench expressed dissatis-faction with Dhavan’s toneand tenor of arguments in theDelhi case). Behaviour of thesenior counsel was atrociousyesterday. Day before yester-day (in Ayodhya case), it waseven more atrocious.
“The senior counsel (Dha-van) who argued on Wednes-day (in Delhi case) contra-dicted the other counsel forDelhi government IndiraJaising. Same client hadmany counsel. Different andcontradictory argumentswere advanced by the counselfor the same party. How doesthe court discern what is thestand of the party? This is notthe tradition of the bar. If thebar does not regulate, we willbe compelled to regulate.”
Jaising said she did notagree with Dhavan’s standand stressed that she stood byher arguments despite Dha-van’s comment.
If Bar Does Not Regulate Them, We’ll Be Compelled To Do So: CJI
SC warns shouting lawyers’brigade to exercise restraint
New Delhi: Paving way fortrial, a Delhi court on Thurs-day framed charges against11 former MPs in connectionwith the 2005 cash-for-querycase. Chhatarpal Singh Lod-ha, Anna Saheb M K Patil,Pradeep Gandhi, SureshChandel, Chandra PratapSingh, Ram Sewak Singh,Manoj Kumar, Narender Ku-mar Kushwaha, Lal Chandra
Kol, Y.G. Mahajan and RajaRampal were chargesheetedby police for allegedly de-manding money to ask ques-tions in Parliament.
After the accused pleadednot guilty and claimed trial,Special Judge Kiran Bansalposted the matter for Janu-ary 12, 2018, to start recordingthe statements of prosecu-tion witnesses in the case.
On August 10, the courthad said that prima facie
charges dealing with crimi-nal conspiracy under IPC andPrevention of Corruption Actwere made out against the ac-cused. Special Public Prose-cutor Atul Shrivastava sub-mitted that the ex-MPs mis-used their office when theywere caught on camera dur-ing a sting operation, de-manding money for askingquestions in Parliament, inwhat came to be known ascash-for-query scam.
Cash-for-query: 11 ex-MPs charged TIMES NEWS NETWORK
New Delhi: State govern-ments, which redefined “on-going projects” to keep mostreal estate projects out of theambit of Real Estate Regulation Act (Rera) and di-luted the law, will have tomend their rules.
The Bombay high courthas upheld the constitutionalvalidity of Rera and made itapplicable to all unfinishedprojects where completioncertificate has not been is-sued. According to the law no-tified by the Centre any pro-ject that has not got comple-tion certificate by May 1, 2017will be treated as ongoingproject and all such projectsneed to get registered withthe regulator. The developerswill have to submit freshtime-lines for completion.
The HC has also made itclear that the regulator willhave the right to register or
not to register a project, if thefresh time-line to complete theunfinished project is unrea-sonable. The order said regu-lator can also issue necessarydirections to the promoter insuch cases taking into consid-eration the facts of each case.
Among states that gave ex-emptions to projects under the“ongoing”category were Te-langana which excluded allprojects for which buildingpermissions were approvedprior to January 1this year bylocal authorities. Uttar Pra-desh government has exclud-
ed projects if it meets one offour conditions - serviceshave been handed over to lo-cal authority, common areashave been handed over toRWA, 60% of sale/lease deedexecuted and application fil-ed for completion certificate.
Similarly, in Karnataka,all projects that are 60% com-plete have been kept out ofRera and in Andhra Pra-desh, 50% sale deeds or lay-ing of all slabs in the projectis enough to exclude a pro-ject from registration. InMaharashtra, the rules say ifany building in a project iscompleted, then it won’tneed to be registered.
Sources said the BombayHC ruling will compel thestates to take corrective mea-sures. Several appeals by ur-ban affairs ministry to statesincluding to BJP-ruled oneshad gone unheeded when theCentre had asked them not todilute the norms.
States that diluted Rera mustmend rules after HC ruling
In Karnataka, all projects thatare 60% complete have beenkept out of Rera ambit
Photo for representation only Harveer Dabas TNN
Bijnor: Breaching security, agroup of people on Thursdayafternoon got hold of the Bij-nor man arrested for alleged-ly abusing PM Narendra Modiand CM Yogi Aditya Nath in avideo message, and thrashedhim black and blue as policepersonnel guarding himlooked on helplessly in dis-trict court premises here.
Mansoor Ali, 28, was ar-rested from Dehradun by theUP police on Wednesday afterhe figured in a WhatsApp vid-eo in which he was purported-ly heard using derogatory lan-guage against Modi and Yogi.While he was absconding, po-lice had picked up his fatherfor questioning.
On Thursday, when policewere escorting Ali for tocourt, a dozen men intercept-ed and thrashed him. He waslater rescued and produced atthe chief judicial magistrate’scourt, which sent him to jail.
Man held foranti-Modi rantbeaten in court
The trigger for the tough talk wasprovided by former solicitor general Gopal Subramanium, whoexpressed concern over the non-decorous manner in whicharguments were being advancedby senior advocates and lawyers
Varanasi: Students at Ban-aras Hindu University(BHU) were left flummoxedafter questions on “GST inKautilya’s Arthashastra(economics)” and “Manuon globalisation” appearedin the political science ex-amination of MA semes-ter-I on December 4.
As part of their examin-ation paper on ‘Social andPolitical Thought of An-cient and Medieval India’,the students were asked tochoose between writing “anessay on the nature of GSTin Kautilya’s Arthashas-tra” and Manu as the “firstIndian thinker of globalisa-tion”. This question car-ried 15 marks.
Kowshal Kishor Mis-hra, the professor who hadset the paper, justified itclaiming that “the presentGST is equivalent to Kauti-lya’s taxation slabs”.
“The rationale behindthese questions was to in-terpret the philosophies ofthe two great thinkers byusing current relevant ex-amples like GST and global-isation. I have been teach-ing the topic for the last 40years,” he said.
Alpana, a student, saidthough the topic is not inthe text book, “the profes-sor taught us about it in theclass and also gave notes”.
“The thoughts of an-cient scholars like Kautilya,Manu and Shukracharyaare in our syllabus, but link-ing Kautilya with GST andManu with globalisation isprofessor’s own concept,”said another student, whodid not wish to be named.
BHU studentsquizzed on
‘Kautilya’s GST’TIMES NEWS NETWORK
CCI NG 3.7 Product: TOIBangaloreBS PubDate: 08-12-2017 Zone: BangaloreCity Edition: 1 Page: TOIBG13 User: tanushree.mukherjee1 Time: 12-07-2017 22:54 Color: CMYK
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