The United Nations Working Group on Arbitrary Detention (WGAD) has by majority adopted Opinion No. 54/2015 holding that Wikileaks founder Julian Assange was arbitrarily detained by the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland. In its opinion, WGAD recognized that Assange is entitled to his freedom of movement and to compensation.WGAD passed this order in an application filed by Assange with the WGAD in September 2014. The Opinion was sent to the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland on January 22, 2016 in accordance with the Working Group’s Methods of Work.The decision has been made public on February 5, 2016. WGAD has issued a public statement, calling...
Continue reading
money-1050403_640
Observing that ethics and morals have taken a back seat  in the modern India’s scheme of things and that corruption can be beaten if all work together, Justice AB Chaudhary of the Nagpur bench of the Bombay High Court has observed in an order:To eradicate the cancer of corruption the “hydra headed monster”, it is now a high time for the citizens to come together to tell their Governments that they have had enough. That is this miasma of corruption. If the same continues, taxpayers’ may resort to refuse to pay taxes by ‘non­cooperation movement’.Bench made this observations while hearing an anticipatory bail application filed by one Pralhad Pawar, district manager of Lokshahir Annabhau Sathe Vikas Mahamandal at Bhandara, Maharashtra who is an accused...
Continue reading
countryside-249205_640
The Supreme Court has on February1, vacated the interim order dated April 30, 2008 granted by the Madras High Court staying the issue of patta under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) on an application filed by Ministry Tribal Affairs. Court observed that since except for the state of Tamil Nadu, in all other states, the inquiry regarding the various claims under FRA proceeded substantially, there was no justification to hold up the inquiry only in the State of Tamil Nadu.The FRA was challenged before the High Court of Madras in Writ Petition (C) No. 4533 of 2008. By the aforesaid interim order, High Court had directed that the process of...
Continue reading
This author was one of the participants in the strategy meeting at the invitation of the Electronic Frontier FoundationThe Strategy Meeting on Catalyzing Reform of Trade Negotiation Processes was held last week in Brussels. Convened by the Electronic Frontier Foundation (EFF), it brought a diverse group of actors to chart an agenda to engage with trade negotiations in the emerging area of Digital Trade. Representatives from civil society groups, academia and the private sector met together to suggest solutions to make trade negotiations more transparent and accessible.The meeting was prompted by the recent conclusion of the Trans Pacific Partnership and its inclusion of an e-commerce chapter. The TPP is the first of many new generation trade agreements- which include both...
Continue reading
The Competition Appellate Tribunal (COMPAT) vide its order dated 11th December 2015 has set aside the Rs 6,316.59 crore penalty imposed on 11 cement companies by Competition Commission of India (CCI) for partaking in cartelization. COMPAT has remanded the matter back to CCI for fresh adjudication and announce its verdict within the next three months, for which CCI has heard the matter and reserved its order. COMPAT has also directed CCI to refund the penalty amount which was already deposited by the cement companies, roughly amounting to Rs. 630 crores (10% of the total penalty imposed). However, COMPAT’s ruling is disparate to the merits of the matter and owes its origin to the fact that CCI did not follow the principles...
Continue reading
Recent comment in this post - Show all comments
  • Competition Stalwarts
    Competition Stalwarts says #
    Thank you for the update.
India's only International Trade Law Moot Court Competition is back! From 3rd to 7th February 2016, 42 teams from 8 around the world shall be at GNLU's sprawling campus to participate in the 7th GNLU International Moot Court Competition.   GIMC's 2016 edition problem is based on trade in solar cells and their plain packaging. The comprehensive problem includes issues based on the GATT, Agreement on Subsidies and Countervailing Measures, Agreement on Trade Related Investment Measures, Agreement on Technical Barriers to Trade and the Agreement on Trade Related Intellectual Property Rights. You can access the problem here. This evening the event shall begin with a grand opening ceremony and welcome dinner. That shall be followed by the first chance for the...
Continue reading
pride-828056_640
In a significant move,  Supreme Court of India has referred the batch of curative petitions seeking ‘curing of the defects in the 2013 judgment on section 377 of Indian Penal Code’ to a five-judge constitution bench. The December 11, 2013 judgment of the Court had upheld the validity of section 377 of IPC which criminalises homosexual intercourse. A bench comprising of Chief Justice of India TS Thakur, and Justices Anil R Dave and JS Khehar passed the above order in a batch of curative petitions filed before the Court which seek to cure the defects in the 2013 judgment. Subsequent to the 2013 judgment passed by the bench of Justices GS Singhvi and SJ Mukhopadhaya, review petitions filed to review...
Continue reading
Recommendations 1 & 2In the weeks leading up to the ICANN 55 Meeting at Marrakech , we are doing a series of posts tracking the CCWG-Accountability process. Through these posts we will be examining all the recommendations and trace their developments since the third draft proposal was opened to public comments late in December, 2015. A quick summary of the third proposal can be found here.  January has been an extremely busy month for CCWG-Accountability members and participants, who have participated in over 24 hours of calls and countless discussions on the mailing list, to finalise the draft proposal to meet the NTIA’s extended deadline of 30th September 2016. This post examines Recommendation #1: Establishing an Empowered Community for Enforcing...
Continue reading
6-minute read
by Vasujith RamIn paragraph 160 of the judgment striking down the National Judicial Appointments Commission as unconstitutional, Justice Khehar writes:“A little personal research, resulted in the revelation of the concept of the “legitimate power of reciprocity”, debated by Bertram Raven in his article – “The Bases of Power and the Power/Interaction Model of Interpersonal Influence” […] In addition to having dealt with various psychological reasons which influenced the personality of an individual, reference was also made to the “legitimate power of reciprocity”. It was pointed out, that the reciprocity norm envisaged, that if someone does something beneficial for another, the recipient would feel an obligation to reciprocate.”The Justice further uses similar psychology based research by scholars Dennis Regan, Robert Cialdini...
Continue reading
'With due respects', 'With the greatest of respects', 'In deep reverence' and 'In all and every humility', it is necessary now to say - "One ignorantly given SC judgment is wreaking havoc across India". The prefatory salutations are dispensed with in the rest of this piece to ease reading. The reader is asked to presume it's presence wherever convention expects it. Supreme Court Advocate K.V.Dhananjay speaks here about a recent judgment of the Supreme Court that he says, was given in tremendous confusion over elementary criminal procedure [Anil Kumar v. M.K.Aiyappa [(2013) 10 SCC 705]. He says that this judgment has been wreaking havoc across the courts of this country and is leading to devastating consequences – countless public servants are...
Continue reading
Cyberspace has been continually emerging as a significant forum of criminal activity that requires specialized monitoring. However, cyber crime cases often go unreported in India further increasing online vulnerability. Even reported cases mostly result in acquittal due to the lack of forensic infrastructure and trained policed personnel, who are able to retrieve and present adequate and admissible digital evidence.Recognizing the difficulty of investigating high-technology crime by technically untrained police personnel, a specialized cyber crime cell was first established in Bangalore in 1999. Soon after, in 2001, the cell was declared as a cyber crime police station, the first one to have been established in India and exercising jurisdiction over Karnataka. A multidisciplinary group of experts was set to aid the...
Continue reading
Laying down Competition Law Jurisprudence The Chairman of the CCI has stated recently that the architecture of CCI is different from that of legal architecture in judicial system per se. The Economic Times in its report on 27th December 2015, quoted him saying that: "The legal architecture in a judicial system per se and the architecture in a regulatory system has to be operated in a different manner," and "I think this appreciation of the fact that this architecture has a specific objective is something which the system external to the Commission has to appreciate and then things will actually, substantively move forward.” He is also on record stating that CCI should move with time rather than implement legislation with 20th...
Continue reading
Supreme_Court_of_India
The Supreme Court of India has today recalled its December 15, 2015 order wherein it had invoked its powers under Article 142 of the Constitution of India and had appointed Justice Virendra Singh, former judge of Allahabad High Court as the Lokayukta of Uttar Pradesh. Apex Court has now appointed Justice Sanjay Misra, a former judge of the same High Court as the new Lokayukta.Reversing its earlier order, the bench of Justices Ranjan Gogoi and PC Pant observed:In the facts stated above, we are persuaded to hold that our order appointing Shri Justice Virendra Singh (Retd.) as Lokayukta was on the basis of the statement made on behalf of the State of Uttar Pradesh which now appears to be somewhat...
Continue reading
Priya Ravinchandran has started a new blog called Women Architects of the Indian Republic, which aims to document the contributions of women members of the Indian Constituent Assembly, to the Debates and the Framing. It promises to be a fascinating enterprise. First published here.Original author: gautambhatia1988...
Continue reading
The Tallinn Manual[1], is an elaborate, academic body of work that examines the applicability of international law to cyber conflicts.  The Manual was prepared by an International Group of Experts (a group of independent international law scholars and practitioners) at the invitation of the NATO Cooperative Cyber Defence Centre of Excellence. The Centre tasked the group of experts with producing a ‘manual on the law governing cyber warfare’.Object of CreationPresumably, the basis for curating such a manual is a common understanding amongst scholars that international law as it exists, does undeniably apply to cyberspace.[2]  However, efforts must be directed towards determining precisely how it applies, a view also endorsed by UN Group of Government Experts (UNGGE) in the field of...
Continue reading
Mooting Premier League 6

Latest comments

view more comments...