News and current affairs

                                   Author Name   – Jai Prakash Meena

Court of Arbitration for Sports

           Introduction

Sport is big business accounting for more than 3 per cent of world trade and 1 per cent of the combined GNP of the 15 member states of the European Union (EU).[1] It is not surprising, therefore, with so much money at stake that sports disputes are also on the increase. For example, in the UK some 19 million sports injuries occur each year costing around £500 million in treatment and absence from work.[2] But sports disputes are not confined to personal injuries. They cover a wide range of claims, not least commercial ones relating to, inter alia, sports sponsorship, endorsement, licensing, merchandising, image rights and broadcasting arrangements – a rich seam for sports lawyers to work![3]

                        The Court of Arbitration for Sport, commonly known and referred to by the acronym CAS, is an arbitration body created by the International Olympic Committee (IOC) in 1983. It is also known by its French title, Tribunal Arbitral du Sport (TAS). It is based in Lausanne, Switzerland, and has two permanent branches in Sydney, Australia, and New York, USA. During the Olympic Games, it operates an ad hoc Division, which was first set up on 28 September 1995.[4]

The CAS has a minimum of 150 arbitrators from 37 countries, who are specialists in arbitration and sports law.[5] They are appointed for 4-year renewable terms and must sign a ‘letter of independence’ confirming their impartiality. The CAS also has a permanent President, Judge Keba Mbaye of Senegal, a former member of the International Court of Justice at The Hague.  CAS arbitrators are not generally obliged to follow earlier decisions or obey the sacred Common Law principle of ‘stare decisis’ (binding legal precedent).[6] The extent to which the CAS is contributing to a lex sportiva is one of the topics examined in an interesting article by Ken Foster in the Spring 2003 issue of Entertainment Law.[7] He argues that the CAS as an institutional forum is not yet ‘globally comprehensive’ but ‘has improved by becoming more independent of the International Olympic Committee and thus satisfying Teubner’s criterion of externalization, but it does not yet cover all sports’. The CAS is dedicated to hearing and settling any disputes directly or indirectly relating to sport, including commercial issues, for example, a dispute over a sponsorship contract. Any natural person, for example, an athlete, or legal person, or for example, a sports association or a company, may bring a case before the CAS. The parties must agree to do so in writing. It should also be mentioned that the working languages of the CAS are French and English and, in the absence of agreement between the parties, the CAS shall select one of the two languages as the language of the proceedings. The parties can choose another language provided the Court agrees, in which case the CAS may order the parties to pay all or part of the translation costs. [8] The CAS also offers non-binding ‘Advisory Opinions’ on potential disputes similar to the concept of ‘expert determination’ in the business world

The Remit of CAS

The Court of Arbitration for Sport is competent to resolve all types of disputes of a private nature relating to sport. Article R27 of the Code of Sports-related Arbitration (the Code) stipulates that the CAS has jurisdiction solely to rule on disputes connected with sport. Two categories of disputes may be distinguished: Disputes arising from all types of legal relations between parties in respect of which it has been decided to invoke a  CAS arbitration. For example, sponsorship, TV and athlete management contracts, and issues of civil liability. Disputes  arising from last instance decisions made by the tribunals of sports federations, when their statutes and regulations or a specific agreement provide for CAS jurisdiction. For example, disciplinary issues, in particular, doping, and decisions concerning the selection and eligibility of athletes. Parties involved in sports disputes generally have three possible ways of resolving them: appeal to the internal authorities created by the sports federations concerned, and/or take the disputes to the competent courts, or submit the disputes to private arbitration or mediation. It is important to point out that the regulations of sports federations cannot exclude an appeal of a dissatisfied member to external judicial authorities. Such provisions designed to oust the jurisdiction of the courts are void.[9] However, they can provide in their rules and regulations for parties involved in disputes to first exhaust all the internal remedies and appeal procedures before resorting to the courts.[10]

The Code of Sports-Related Arbitration

Since 22 November 1994, the new Code of Sports-related Arbitration (the Code) has governed the organization and arbitration procedures of the CAS.As such, the 69-article Code is divided into two parts: the Statutes of the bodies working for the settlement of sports-related disputes[11], and the Procedural Rules[12]. The Code provides for four specific procedures:

1. The ordinary arbitration procedure

2. The appeals arbitration procedure

3. The consultation procedure which allows certain sports entities to request advisory opinions from CAS

4. The mediation procedure (created in 1999)

The arbitration procedures are divided in two different phases: a written procedure with exchange of written submissions, and an oral procedure, the parties being heard by the arbitrators, usually at the CAS Headquarters in Lausanne.

The International Council of Arbitration for Sport (ICAS)

The ICAS is the supreme organ of the CAS. It is a Foundation under Swiss Law. Its main task is to safeguard the independence of the CAS and the rights of the parties. To this end, it is responsible for the administration and financing of the CAS. The ICAS is composed of 20 members, all of whom must be high-level lawyers well acquainted with the issues of arbitration and sports law. Upon appointment, the ICAS members must sign a declaration undertaking to exercise their functions in a personal capacity, with total objectivity and independence. This means that under no circumstances can an ICAS member play any part in any proceedings before the CAS, either as an arbitrator or as counsel to a party. Any changes to the Code of Sports-related Arbitration can be decided only by a full meeting of the ICAS and, more specifically, a majority of two-thirds of its members. In other cases, a simple majority is sufficient, provided that at least half the ICAS members are present when the decision is taken.

The Court of Arbitration for Sport (CAS)

The CAS performs its functions through its arbitrators, of whom there are no less than 150, together with the assistance of its Court Office. One of the major new features following the reform of the CAS was the creation of two divisions: an ‘Ordinary Arbitration Division’, for sole-instance disputes submitted to the CAS, and an ‘Appeals Arbitration Division’, for disputes resulting from final-instance decisions taken by sports organizations. Each Division is headed by a President. The role of the Division Presidents is to take charge of the first arbitration operations once the procedure is under way and before the panels of arbitrators are appointed. The CAS Court Office

The CAS Court Office is located in Lausanne, Switzerland. It is headed by the Secretary General, assisted by a Counsel and two secretaries. The main task of the CAS Court Office is to supervise the arbitration and mediation procedures and to advise the arbitrators and the parties (procedure and case law). Other tasks performed by the CAS Court Office include the organization and preparation of the ad hoc Divisions, organization of seminars, and the promotion of the CAS generally.

CAS Mediation

In view of the increasing popularity and effectiveness of mediation in settling sports disputes, especially commercial and financial ones, a comment follows on the CAS mediation service. As previously mentioned, the CAS Mediation Rules were introduced on 18 May 1999. So CAS mediation is still very much in its infancy. Later, we will look at some of the first cases to be mediated by the CAS. As Ousmane Kane, First Counsel to the CAS and responsible for mediation remarks: ‘The International Council of Arbitration for Sport took the initiative to introduce these rules alongside arbitration. As they encourage and protect fair play and the spirit of understanding, they are made to measure for sport.’ CAS mediations enjoy all the benefits and advantages of mediation generally, which are well known, and also the particular benefits of sports mediations.

 CAS Advisory Opinions

Akin to mediation, the Advisory Opinions that CAS is able to render should also be mentioned. These are known as ‘Consultation Proceedings’ and are governed by articles R60–62 of the Procedural Rules of the CAS Code of Sports-related Arbitration. These Opinions may be given in relation to any legal issue with respect to the practice or development of sports or any activity related to sports. They are not legally binding. They are similar in concept to ‘expert determinations’ in the commercial world, but without the binding effect on the parties.

The Legal Status of CAS Awards

An arbitral award rendered by the CAS is final and binding on the parties from the time it is communicated to them. Like any other international arbitral award, it can be enforced according to the usual rules of private international law and, in particular, in accordance with the provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.If a party is dissatisfied with a CAS award, it is possible to challenge the award in Switzerland, where the CAS has its seat,[13] but only in the following limited circumstances under article 190(2) of the Swiss Federal Code on Private International Law  of 18 December 1987:

• if a sole arbitrator was designated irregularly or the arbitral tribunal was constituted irregularly;

• if the arbitral tribunal erroneously held that it had or did not have jurisdiction;

• if the arbitral tribunal ruled on matters beyond the claims submitted to it or if it failed to rule on one of the claims;

• if the equality of the parties or their right to be heard in adversarial proceeding was not respected;

• if the award is incompatible with Swiss public policy.

Conclusion

To date, it has proved to be a very popular and effective body for settling a wide range of sports disputes fairly, effectively, quickly and relatively inexpensively ‘within the family of sport’ rather than in the often hostile and costly environment of the ordinary courts. Its procedures are user friendly and flexible and most cases referred to it are settled within months rather than years. Its cases are varied and come from all over the sporting world, including the commercial side. In doing so, it is serving the needs of sport, which continues to be an ever-expanding global social and business phenomenon.

Year: 2050.

Scenario:  On the vast plains of erstwhile Sunderbans forests, there are 2 armies locking horns with each other. And not just an army, army of armies. Just like Troy.  On one side, there are some of our own “Black Suited-up” homo sapiens and facing them is beloved and most reliable, kutra i.e. Dogs. Yes, it is a final battle between Dogs and Humans. The reason is not some weird sounding and mass-weapon-sort-of virus. It’s because they are not the only dedicated "lickers" anymore.

Sounds bizarre right? But it’s not.

I disclaim it right here, that I’m not comparing anybody with anyone. It’s an observation that how some of the people from the black-suit community might give heavy competition to the dogs if they keep on learning the skills of becoming a licker.

In fact in a law school, while some people become a good “lawyer”, some turn out to be a good “licker”. It starts from very first day when lickers start licking the feet of their seniors for projects, moots, books etc. etc. Then come teachers and the VC for reasons varying from good marks, to good recommendation, to convernership of a core committee of college. Whenever I meet an over-enthusiastic and hyper-excited first-year law student, I always ask him one question: “Why law?” And the answer is same, every time: “Law is my passion…blah blah; I want to do something for society…blah blah; it’s multidimensional…blah blah…and more blah”. And 2-3 years down the line, you will 90% of these guys licking for ANSS or KGC or Bilegal.

They “lick their way” to reach the offices of law firm partners and associates for internships and final placements. And even when they get there, since they are very hard working about this, they keep on licking till they become partner of a firm. It’s given a glorified name- “Corporate politics” but in the end its nothing but who licks the boss better and get the promotion or year-end bonus. Because the motto is- “the more you lick, the more you get.”  

Those from this herd reaches court-rooms, start licking the one with tallest chair. Why? to become senior counsel, to become solicitor general, to have a smooth way for winning cases and to become numero uno. And who cares how you reached there when you are driving a Porche, have an I-pad and a Blackberry.

Don’t get me wrong. I’m not preaching right or wrong here. Cos there is no right or wrong. This is something which I have observed and I can tell you, everybody does that, everyone has done it at some point or other because everyone wants to be rich and successful and for that if they have to lick, they will happily do that. How does it matter if because of this, someone who deserves loses a chance for PPO, or for a moot, or to win a case? It’s all about competition. And this is rule of the game. 

Therefore, the moral of this story is that if you think by studying hard, or by working hard in interns or by winning the best moot you will succeed, you are wrong because in the end the biggest licker, is the winner.  

Court of Arbitration for Sports             Author Name   – Jai Prakash Meena

Introduction

Sport is big business accounting for more than 3 per cent of world trade and 1 per cent of the combined GNP of the 15 member states of the European Union (EU).[1] It is not surprising, therefore, with so much money at stake that sports disputes are also on the increase. For example, in the UK some 19 million sports injuries occur each year costing around £500 million in treatment and absence from work.[2] But sports disputes are not confined to personal injuries. They cover a wide range of claims, not least commercial ones relating to, inter alia, sports sponsorship, endorsement, licensing, merchandising, image rights and broadcasting arrangements – a rich seam for sports lawyers to work![3]

                        The Court of Arbitration for Sport, commonly known and referred to by the acronym CAS, is an arbitration body created by the International Olympic Committee (IOC) in 1983. It is also known by its French title, Tribunal Arbitral du Sport (TAS). It is based in Lausanne, Switzerland, and has two permanent branches in Sydney, Australia, and New York, USA. During the Olympic Games, it operates an ad hoc Division, which was first set up on 28 September 1995.[4]

The CAS has a minimum of 150 arbitrators from 37 countries, who are specialists in arbitration and sports law.[5] They are appointed for 4-year renewable terms and must sign a ‘letter of independence’ confirming their impartiality. The CAS also has a permanent President, Judge Keba Mbaye of Senegal, a former member of the International Court of Justice at The Hague.  CAS arbitrators are not generally obliged to follow earlier decisions or obey the sacred Common Law principle of ‘stare decisis’ (binding legal precedent).[6] The extent to which the CAS is contributing to a lex sportiva is one of the topics examined in an interesting article by Ken Foster in the Spring 2003 issue of Entertainment Law.[7] He argues that the CAS as an institutional forum is not yet ‘globally comprehensive’ but ‘has improved by becoming more independent of the International Olympic Committee and thus satisfying Teubner’s criterion of externalization, but it does not yet cover all sports’. The CAS is dedicated to hearing and settling any disputes directly or indirectly relating to sport, including commercial issues, for example, a dispute over a sponsorship contract. Any natural person, for example, an athlete, or legal person, or for example, a sports association or a company, may bring a case before the CAS. The parties must agree to do so in writing. It should also be mentioned that the working languages of the CAS are French and English and, in the absence of agreement between the parties, the CAS shall select one of the two languages as the language of the proceedings. The parties can choose another language provided the Court agrees, in which case the CAS may order the parties to pay all or part of the translation costs. [8] The CAS also offers non-binding ‘Advisory Opinions’ on potential disputes similar to the concept of ‘expert determination’ in the business world

The Remit of CAS

The Court of Arbitration for Sport is competent to resolve all types of disputes of a private nature relating to sport. Article R27 of the Code of Sports-related Arbitration (the Code) stipulates that the CAS has jurisdiction solely to rule on disputes connected with sport. Two categories of disputes may be distinguished: Disputes arising from all types of legal relations between parties in respect of which it has been decided to invoke a  CAS arbitration. For example, sponsorship, TV and athlete management contracts, and issues of civil liability. Disputes  arising from last instance decisions made by the tribunals of sports federations, when their statutes and regulations or a specific agreement provide for CAS jurisdiction. For example, disciplinary issues, in particular, doping, and decisions concerning the selection and eligibility of athletes. Parties involved in sports disputes generally have three possible ways of resolving them: appeal to the internal authorities created by the sports federations concerned, and/or take the disputes to the competent courts, or submit the disputes to private arbitration or mediation. It is important to point out that the regulations of sports federations cannot exclude an appeal of a dissatisfied member to external judicial authorities. Such provisions designed to oust the jurisdiction of the courts are void.[9] However, they can provide in their rules and regulations for parties involved in disputes to first exhaust all the internal remedies and appeal procedures before resorting to the courts.[10]

The Code of Sports-Related Arbitration

Since 22 November 1994, the new Code of Sports-related Arbitration (the Code) has governed the organization and arbitration procedures of the CAS.As such, the 69-article Code is divided into two parts: the Statutes of the bodies working for the settlement of sports-related disputes[11], and the Procedural Rules[12]. The Code provides for four specific procedures:

1. The ordinary arbitration procedure

2. The appeals arbitration procedure

3. The consultation procedure which allows certain sports entities to request advisory opinions from CAS

4. The mediation procedure (created in 1999)

The arbitration procedures are divided in two different phases: a written procedure with exchange of written submissions, and an oral procedure, the parties being heard by the arbitrators, usually at the CAS Headquarters in Lausanne.

The International Council of Arbitration for Sport (ICAS)

The ICAS is the supreme organ of the CAS. It is a Foundation under Swiss Law. Its main task is to safeguard the independence of the CAS and the rights of the parties. To this end, it is responsible for the administration and financing of the CAS. The ICAS is composed of 20 members, all of whom must be high-level lawyers well acquainted with the issues of arbitration and sports law. Upon appointment, the ICAS members must sign a declaration undertaking to exercise their functions in a personal capacity, with total objectivity and independence. This means that under no circumstances can an ICAS member play any part in any proceedings before the CAS, either as an arbitrator or as counsel to a party. Any changes to the Code of Sports-related Arbitration can be decided only by a full meeting of the ICAS and, more specifically, a majority of two-thirds of its members. In other cases, a simple majority is sufficient, provided that at least half the ICAS members are present when the decision is taken.

The Court of Arbitration for Sport (CAS)

The CAS performs its functions through its arbitrators, of whom there are no less than 150, together with the assistance of its Court Office. One of the major new features following the reform of the CAS was the creation of two divisions: an ‘Ordinary Arbitration Division’, for sole-instance disputes submitted to the CAS, and an ‘Appeals Arbitration Division’, for disputes resulting from final-instance decisions taken by sports organizations. Each Division is headed by a President. The role of the Division Presidents is to take charge of the first arbitration operations once the procedure is under way and before the panels of arbitrators are appointed. The CAS Court Office

The CAS Court Office is located in Lausanne, Switzerland. It is headed by the Secretary General, assisted by a Counsel and two secretaries. The main task of the CAS Court Office is to supervise the arbitration and mediation procedures and to advise the arbitrators and the parties (procedure and case law). Other tasks performed by the CAS Court Office include the organization and preparation of the ad hoc Divisions, organization of seminars, and the promotion of the CAS generally.

CAS Mediation

In view of the increasing popularity and effectiveness of mediation in settling sports disputes, especially commercial and financial ones, a comment follows on the CAS mediation service. As previously mentioned, the CAS Mediation Rules were introduced on 18 May 1999. So CAS mediation is still very much in its infancy. Later, we will look at some of the first cases to be mediated by the CAS. As Ousmane Kane, First Counsel to the CAS and responsible for mediation remarks: ‘The International Council of Arbitration for Sport took the initiative to introduce these rules alongside arbitration. As they encourage and protect fair play and the spirit of understanding, they are made to measure for sport.’ CAS mediations enjoy all the benefits and advantages of mediation generally, which are well known, and also the particular benefits of sports mediations.

 CAS Advisory Opinions

Akin to mediation, the Advisory Opinions that CAS is able to render should also be mentioned. These are known as ‘Consultation Proceedings’ and are governed by articles R60–62 of the Procedural Rules of the CAS Code of Sports-related Arbitration. These Opinions may be given in relation to any legal issue with respect to the practice or development of sports or any activity related to sports. They are not legally binding. They are similar in concept to ‘expert determinations’ in the commercial world, but without the binding effect on the parties.

The Legal Status of CAS Awards

An arbitral award rendered by the CAS is final and binding on the parties from the time it is communicated to them. Like any other international arbitral award, it can be enforced according to the usual rules of private international law and, in particular, in accordance with the provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958.If a party is dissatisfied with a CAS award, it is possible to challenge the award in Switzerland, where the CAS has its seat,[13] but only in the following limited circumstances under article 190(2) of the Swiss Federal Code on Private International Law  of 18 December 1987:

• if a sole arbitrator was designated irregularly or the arbitral tribunal was constituted irregularly;

• if the arbitral tribunal erroneously held that it had or did not have jurisdiction;

• if the arbitral tribunal ruled on matters beyond the claims submitted to it or if it failed to rule on one of the claims;

• if the equality of the parties or their right to be heard in adversarial proceeding was not respected;

• if the award is incompatible with Swiss public policy.

Conclusion

To date, it has proved to be a very popular and effective body for settling a wide range of sports disputes fairly, effectively, quickly and relatively inexpensively ‘within the family of sport’ rather than in the often hostile and costly environment of the ordinary courts. Its procedures are user friendly and flexible and most cases referred to it are settled within months rather than years. Its cases are varied and come from all over the sporting world, including the commercial side. In doing so, it is serving the needs of sport, which continues to be an ever-expanding global social and business phenomenon.

At the (almost) end of my law school, when I look back, I found how things have changed. Some words, that were alien, or had different meaning, becomes inseparable like soulmate. You live with these words, sleep with them, eat with them and they keep stalking you even after you graduate.

Here is a small part of that law school dictionary:

1.       Moot Court (noun) : The most over-hyped thing in law school. Also known as cupid or matchmaker for hitching the oralist-oralist, oralist-researcher, researcher-researcher. 

Annotation: Moots is like a Karan Johar's movies- it starts with expectations, excitement and happy-happy faces. By the time it finishes first quarter, you feel burdened and want to run-away. When its the interval or half-time, you start getting irritated and ego-clashes, tensions start building up between team mates (read:family) . By the time it ends, you feel like killing yourself for wasting time and money and wow never to do that again. But like a witch it catches you next semester by allurements like a hot moot partner or chance to holiday in paris, hong kong, vienna or a sparkling achievement in CV. 

2.     Sutta (noun) : a roll that sets many things straight.

Annotation: If there is one thing which works like a common thread, a link between all law students across different law schools is- sutta. Its like a best friend, it helps you in exams, getting over a bad break-up, stressbuster, a great way to make buddies and also makes you learn the importance of sharing. A law school is indeed incomplete without this tiny little support system.

3.      Fanti (noun): a very rare species which if found, results in sudden increase in expenses and decrease in happiness. Also known as "setting" or "item". 

Annotation: Just a piece of advice: it might be highly rewarding and lucrative to have one but stay away from such dangerous things if you want to live independent in independent India.

4.      Internship (noun): a period during which law students slog their a**es with hopes to get a placement with the best firms of country. Also known as "booze period" or "clubbing period" for law students from dry state in India. 

Annotation:  A word which is an alien thing till your school, becomes a haunting reality the moment you step into a Law School. It becomes a scale to judge how a person is and thats cos "the more, the merrier" is the motto and in this case, size does matters.

5.       CCP (verb) : a pure display of one's art.

Annotation: Undoubtedly, CTRL+X, CTRL+C and CTRL+V are the most used keys by a law student. It takes hours of hardwork and zeal to master the art so that you can easily bypass any anti-piracy software of the law school. Moreover, it requires awesome formatting skills to give it such a makeover that it looks better then the original.  

6.      Jugaad (noun) : A great tool. Works like a midas touch if used smartly and at appropriate time. 

Annotation: Everyone knows what it is. Those who have this, want to use it as much as they can. And those who don't have it, either curses their parents for not making any connections or just use sutta to get over the jealousy.  

7.       Gymnesia (verb): a state of complete insanity wherein a person dreams to get six packs and hulk-wolverine type "body" but ends up looking like a trolley-pulling labourer.  

Annotation: Gymming is good, gymming is healthy but dont be a freak about it. I mean, if you really want to get a good physique, go for it. But don't just buy all the supplements, Reebok shoes, Addidas gear when you know you will quit it in a week and play C.S. (defined below) in your bed wearing the same gear.  

8.      Bhai (adj.): used variedly and vividly like in case of need, to show affection, to make sure a guy stop hitting on you or to differentiate between "friends" and "best friends.
Annotation : The guys get the credit for evolving this term which is most widely used not just in law schools but most of the colleges. The reason: movies like Kal ho na ho and Dostana which left a doubt that 2 guys can be more then just friends. So its better to refer your friend as bhai and shave all raising eyebrows. Its also useful when you need stuff like "ek sutta de de yaar, tu hi toh bhai hai"- see, one word, so many uses. 

9.      C.S. (noun): a gift of science to have a transition from "nerd herd" to "dude gang"...and vice versa.

Annotation:  "Need is mother of invention". In this case, need of both mother and father led to this invention. Every parent has complaints from their kids. Parents of geeks, want them to become smart dudes and parents of dudes want them to be a little geeky atleast. And that led to C.S. (Counter Strike). Its simple: if you stay glued to your laptop for hours, you will need glasses after a while- hence you get the geeky look. Similarly, if you are a nerd, but awesome in C.S., you become a dude. What an amazing dual purpose game!! 

10.   Dassu (adj.) : used to describe a rare quality although being communicable its spreading at fast rate.

Annotation: People of this species are also known as "pakau" "bugger" or "saanp". Some people master the art of bugging. And more interestingly, the mode. Some crib a lot, some talk, some just sit next to you and use their body language. Fascinatingly, a dassu never comes to know that he is one or that he daso-fy people until he is made aware of the fact. More dangerous species then fanti.  

Thats all folks. Thank you for reading it till here and take sigh of relief cos this is the end part. I mean, where the bad post ends. Like culmination. okay, thats it.

From its very conception, the Rights of Persons with Disabilities Act has been fraught with controversies; quite a surprising situation given that most factions fighting for disability rights in the nation supposedly desire to present a united front. India, having signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) in October 2007 with astounding alacrity, took almost three years to decide to draft a new piece of legislation, instead of bringing about over 100 amendments to the existing The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995, to align laws in the country with international obligations.

The recent past has seen a flurry of activity in the written media about the working draft of the Act that was released on the 20th of November, 2010. As is the situation in case of every decision dealing with a great number of people with divergent ideas, this draft too has come under fire on several grounds and has received bouquets as well. The only crucial factor, however, is that the draft, termed as a working draft seeks not to be a decision, but a deliberative instrument meant to change as substantive suggestions come in.

One of the principal opponents of the law, Mr. Javed Abidi, Convenor of the Disability Rights Group, is of the opinion that the current draft legislation is, in entirety, against the letter and spirit of the UN CRPD. His opinion is based on the belief that the voices of persons with disabilities went unheard in the drafting process and that the Committee set up to draft the law is inept and displays a lack of “brain trust”. He has made it clear that in his belief, the Committee has lost any faith that he had in it and that it, along with the legal consultant, ought to be dismissed. 

Taking a strongly opposing stance, Mr. Prasanna Pincha, Special Rapporteur at the National Human Rights Commision, in his open letter detailing his opinion of the draft on first reading, states that “the working draft, in a certain sense, is way more radical/progressive than even the UNCRPD.” He goes on to congratulate the Committee and the legal consultant for executing the task of drafting such landmark legislation “with remarkable sensitivity and alacrity”.

Mr. Abidi insists that expert knowledge and the requirements of persons with disabilities have been disregarded time and again by the legal consultant, Dr. Amita Dhanda, and the Committee. On the other hand, the legal consultant informs that sub-groups had their deliberations with the legal consultant after consulting with larger civil society. These opinions were proactively obtained by committee members, for example on women with disabilities, even whilst in consultation with the legal consultant. The duty to seek opinion of civil society was on Committee members’ not the consultant; it was a duty which the members fulfilled in both letter and spirit. 

Another source who was intrinsically involved in the drafting process and worked on accessibility points out that the civil society has been involved throughout. The one meeting in September where the civil society was invited, “they derailed the entire process”. Also, the chair was always open to suggestions via e-mail. Mr. Mahesh Chandrasekhar, Advocacy Coordinator at CBR Forum opines that the manner in which the draft law has been published without any explicit statement soliciting civil society participation facilitates the creation of a situation where “the few people who have been in someways [sic] connected to the members of the committee are somehow trying to be engaged in this process”

It is, however, interesting to note that the very idea behind having a working draft is to listen to the suggestions of experts and concerned parties and make changes if required. The first explanatory note stating that “this working draft has been put together so that the Committee, the Disability sector, the larger civil society and the duty bearers can through a process of dialogue and deliberation arrive at a draft which can be accepted by all” seems like an explicit enough solicitation of expert opinion and civil society participation. It seems unwise to squander such an opportunity, basing one’s arguments, against the fruit of eight months’ worth of effort of numerous individuals, on grounds such as the fact that the Committee met for short hours with long gaps of forty days in between and that it was “lazy”. 

While much of the criticism leveled against those involved in drafting the law may be justified, one wonders whether it makes a substantive difference in ensuring there exists robust disability rights legislation within the nation. Given the parallels being drawn between the drafting process of the UN CRPD and that of the draft law under discussion, it would perhaps be pertinent to highlight the united efforts of the disability sector in the case of the former to present constructive criticism. The remarkable contribution of disability rights groups in the framing of the UN CRPD came from a conscientious attempt to criticize effectively and provide feasible alternatives. It certainly would be preferable if those criticizing the current working draft had substantive changes in mind and alternatives to offer, as was the case during the drafting of the UN CRPD. While much has been said about representatives who weren’t allowed a say in the drafting of the law, the fact that deliberations on the working draft are on and this is the ideal time to send in any substantive or structural changes that one would want to see in the draft seems to be ignored.

A question that has gained prominence of late is the suggestion of a Disability Code with dedicated legislation for special situations and for authorities such as the Disability Rights Authority. The suggestion was made for several reasons, such as the requirement of dedicated legislation that details the functioning of important bodies like the DRA and the constraint in space if an all encompassing law was to be drafted. 

Critics claim that multiplicity of laws is against the wishes of the disability sector and a code is not legally viable while Dr. Dhanda states that it is a mere suggestion that arose out of practical discomfort and that it would effectively deal with issues of reconciling inherent differences and also allow for greater detailing to define the accountability of the DRA or rules governing it, etc. Mr. Pincha also wholly endorsed the concept, affirming that “common law to address commonalities, and specific laws, to address specificities depending on need and necessity” is what is required. A meeting held by CBR Forum in Bangalore on the 20th of December simply concluded that the idea required further discussion on public forums. All that this goes to show is that various shades of opinion exist within the disability sector and constructive suggestions and open discussions alone can hope to solve the deadlock one seems to notice forming. What effort has, thus far, been expended at criticizing issues that can neither be mended nor bear any consequence to the progress of the law, could perhaps now be used constructively to build on the foundation that the working draft sets.

It has been said quite succinctly that “There is no odor so bad as that which arises from goodness tainted.” One cannot help feeling that those advocating unity amongst and justice for the 70 million people with disabilities in India are the very same stalwarts who leave the sector fragmented. It is, perhaps, time for sincere attempts at reconciliation and for real and substantive criticism, if this landmark piece of legislation detailing the rights of the aforementioned 70 million people is to finally materialise.

Note: This article was published on oneindia.in in two parts and can be accessed at:  http://news.oneindia.in/feature/2011/01-04-rights-of-person-disability-act-draft-part1.html and http://news.oneindia.in/feature/2011/01-04-rights-of-person-disability-act-draft-part2.html

From the Project Cloud Desk

4 January 2010

Welcome to the new year! Let me take this opportunity wish you a great year ahead. 

One of the focus points at Project Cloud is about attending conferences. From the broader perspective, a conference is a great opportunities to learn and make friends. With a little attention to detail, a conference can be a great resume booster.

So how does one know which conference to attend? There are two approaches to attending conferences.  One is to be conservative and attend only a few selected ones. The other, logically, is to attend many. Take the example of Ravi K. He attended only a few select ones throughout his law school. His reasoning was that he did not want to attend a conference for the sake of attending one. He was also sure of being a criminal lawyer which is why he concentrated on attending conferences; confident that each conference put him one step ahead of his peers.

Then there is Ashish D. He attended ten conferences before he graduated. While most of them were related to corporate law, he ventured into arbitration and cyber law too. So when he decided to go for his higher studies, he could choose which conference he wanted to mention tailored as per his course options. 

Each strategy has its advantages and disadvantages. In our next post, we will discuss how to get the most from one conference.

Good luck!

The Project Cloud Team

Website: http://projectcloud.info

Facebook: http://www.facebook.com/projectcloud

Every day you wake up to something new. The day is afresh, your mind clear of things of yesterdays past, ready to take things ahead with a stride.

The lawyers, as I have seen in the Bombay High Court, are constrained to spend considerable time in doing not really productive work while waiting for their matters to be called out, and it is customary that many of the matters quite often are not called out, fixed for hearing for the day. I believe that the story is similar in other High Courts, don’t know about SC.

Moreover, there are instances when a single, yes one matter eats away the whole day of the Court and rest of the lawyers glued to the electronic display board, for their case number.

Can we do something whereby lawyers can more effectively put to use the time they are spending in court while waiting for their turn……

Can we do something whereby the lawyers can (a) prepare his/her case, (b) do research work, right in the court room.

Also, can we facilitate a mechanism whereby a lawyer, arguing before His Lordship, and in urgent need of a certain Judgment, or the precise definition of a legal term or pharse, get the same, instantly.

This can be done, if Lawyers can………

(a) SMS Judgment “Municipality of Ratlam versus Vardichand” to AAAAA, and he instantly receive a text of entire judgment.

(b) SMS Case laws on “IPC section 420” to AAAAA, and he instantly receive latest judgments on IPC section 420.

(c) SMS Legal Term “Double Jeopardy” and legal pharases like “to the satisfaction of the authority” to AAAAA, and he receive the meaning of “Double Jeopardy” and “to the satisfaction of the authority ” as propounded by SC & HC.

(d) SMS …………

I hope, AIR, SCC, Gujrat Law Herald etc are listening.

Sandeep Jalan

Advocate

Mumbai.

These are interesting times. And it is certainly exciting for any international relations enthusiast, to have multitudes of diplomatic cables on his computer screen. With cablegate leak, we are getting a peek into the secret world of diplomatic exchanges.  But apart from all the excitement of gaining access to forbidden, and after going through many many articles in newspapers all over the world, and tid bits of cables, what I realized was that if, US diplomatic network was bollywood, then the publication of the documents would have been largely similar to publication of any other bollywood gossip magazine. But I add to this a disclaimer that I have certainly not read the whole leak, and my knowledge and research on the subject is largely limited to scanning of multitudes of newspaper and magazines articles.

There are very few things released which we don’t know already. Everyone in India knows that next door there is a hub of terrorists, and that US aid was never fully used against terrorists, it might have been fully used for the terrorists though. Indian foreign secretaries shouted from the rooftops that a great part of that aid is being used against India, but we had to wait for the cablegate to convince the world.

What we have largely got to know is the gossip in the American diplomatic network, and yes it does get juicy at times, such as the graphic discussion of lavish wedding at a small Caucasus country, Dagestan, with area little more than Mumbai. (But all those description of food, wine, the gold gifted, fireworks, firearms, was like a déjà vu to any Indian. Come on, you will find as much food and wine in every Punjabi wedding, Jat weddings are never complete without their sturdy ‘tau’ firing a shot or two from his gun, Gujratis are happy to display multitudes of fireworks, and in South Indian weddings, don’t even try to count number of gold ornaments. And all this happens in millions of weddings across India every year). It got amusing on how Saudi Arab King called Mr. Zardari a ‘rotten head’, but we Indians knew it already. (As said by a friend of mine, ‘how come an entire nation cannot find a sane person to rule it for 63 years’). Also, there was an interesting piece on a how Gaddafi goes nowhere without his Ukranian nurse, which was like a gossip straight out of a college campus, because some prints claimed it to be four blond Ukranian nurses. I am sure number and appearances of the ladies in question will keep on varying.

What is new and revealing is, the literal horse trading of Guantanamo prisoners. I say literal, because Arab King did suggest implanting chips in detainees just as they do with their horses. Interviews with the President, routes for Afghan War, incentive packages, etc. were instruments of negotiations to transfer the prisoners.

However, sensitive information on how so called Arab friends of Iran, asked for American help in stopping Iran’s nuke projects, is actually something, which I personally feel, shouldn’t have been leaked out. Iran had bragged of befriending all Arab nations, contemporaneously to the UNSC sanctions against it. It would have made negotiations, cajoling, prodding et al, easier if Iran had continued to believe the same. Now Iran is cautioned, will be more paranoid than ever and even though disclaiming the entire cablegate leak as another conspiracy of USA, it would surely go on a reality check and would constrict itself more.

Another set of documents, which according to me shouldn’t have been revealed, is the details of wishful planning of US and South Korea to merge North Korea with the latter. The documents detailing these terminate in February 2010, when North increased its military maneuver against South. Such planning  will obviously be seen as conspiracy by the north, and could result in more hostility and acrimony in the peninsula.

Even though, somewhere in back of minds of common janta like us, it might be impalpable, that the subject matter of leaks weren’t already known in diplomatic circles all over the world, say, Iranian diplomats already knowing that Arab countries were just feigning friendship or North Korea test detonated a nuclear bomb just to put US –South Korea speculations to rest ; David Brooks of New York Times, strikes a chord when he writes that ‘quality of a conversation is determined by level of trust which is now damaged by exposure, just as our relationships with our neighbours would be damaged if every private assessment were brought to the light of day’. However, his fears of disruption of world order and catastrophe in international relations, can be countered by Hillary Clinton’s assurances that diplomacy will survive as no one is offended by the leaks, and that an assuring voice from a certain quarter that, ‘you should see what we say about you’, puts a comic relief to the whole discussion. And pragmatically analyzing, of course diplomacy will survive, nations are not so naïve to close diplomatc channels and prepare for wars.

But certainly, denial of service attacks against wikileaks, INTERPOL alerted on founder of wikileaks Julian Assange, and he being (amusingly) charged with charges of murder, rape and sexual abuse, certainly indicates that damage has been done and it is anticipated that more will be done. But Assange is confident that even if he is arrested, wikileaks will continue, and if he is put in mortal danger, password would be made public in order to reveal all the leaked matter for once and for ever.

Coming days promise to unravel whether world order will be disordered, or diplomacy will diplomatically change the way of its functioning, or is it a mere shuffle in kaleidoscope of international relations, which might mean slight change in attitudes but no major altering of relations.

As I said, we are surely living in interesting times.

The only book that deals with pornography in India has finally crossed the hurdles of editing and printing. The provocative book on Pornography (Bangalore Mirror) is authored by Brajesh Rajak, a 3rd year student (now in 4rth year) of National Law School of India University.  The author makes a bold attempt to churn out the intricacies of anti -pornography laws in the United States, U.K. , Japan, South Korea and India with the help of a comparative outlook.  The first chapter of this book provides a jurisprudential overview of the prickly problems of pornography.  The second chapter gives a wide overview of the porn industry in India.  The author has made an attempt to identify the key role players in the porn industry in India.

Other chapters deal with adjudication of pornography in United States, United Kingdom and India and the restrictions imposed upon it in the name of curtailing freedom of speech. The beauty of the book lies in the fact that it does not only indicate with the defects of anti- pornography laws but it also provides for candid solutions and recommendations to correct the loopholes in the anti- porn laws prevalent in our country.   The last chapter analyzes the contractual aspects of pornography.

The book makes for a brilliant reading. Universal Law Publishing Co. Pvt. Ltd. holds the copyright of this book.  I would recommend this book to everyone.

BIHAR STATE BAR COUNCIL

BAR COUNCIL BHAWAN, PATNA-1

PH-0612-2505583

                                Press Release

                             Lawyers to abstain from Evening Court

Patna, Nov. 14

Bihar State Bar Council has appealed to the advocates of Bihar to abstain from working in evening court scheduled to be started from Nov. 15, 2010.

 The members of the Council in its emergent meeting held today were of unanimous view that the law and order situation in the State as well as the infrastructure in civil courts, especially the poor power supply position, can’t make such courts workable.  By an unanimous resolution it has been decided to abstain from the evening court and decided to request to High Court to withdraw the Notification and to fill the pending vacancies of the judicial officer in the State of Bihar.  The members also felt that the situation in Bihar is quite different from Gujarat where un-interrupted power supply is maintained and suitable communications are available for coming to and going from the evening court for clients and lawyers.

 Twenty two out of twenty six members attended the meeting which was presided by Shri Baleshwar Prasad Sharma, Chairman of the Council.

 The Council further decided to consider further line of action for opposing such evening court if the same is not withdrawn, in its next meeting fixed for 5^th of December 2010.

                                                                                                            Officiating Secretary

                                                                                                         Bihar State Bar Council

A bunch of 6 year olds were having a discussion.  The kid from Pune was heard bragging -  "You know man.  My big brother nooo . . .  He can do a wheelie on a bicycle.  Superb da."

Not to be outdone, the kid from Shameerpet, Hyderabad chipped in. "Aaiii ... so what?  My papa can do full wheelie on a scooter also.  He told me that he learnt in school only how to do wheelie!  So don't show off okayyy."  

The kid from Nagharbhavi, Bangalore, who was listening quietly, took over the conversation.  "So what man!  Nothing great.  My daddy can do wheelie on a motorbike.  I even sat behind him one time.  Full vroooom he goes - and then ... on one tyre only ... fully fast ... from heeerreee to theerre ... what you thought?"  he said gesticulating wildly.

The fourth, a slightly overfed kid from Sonipat, Haryana, had to say something.  Bicycles, scooters, and motorbikes were already taken care of.  He had to out beat them.  After all, he was a Jat, and Jats don't take defeat easily.   "All of you stop yapping okay," he said, pointing his palm to the rest.  "Don't show off so much, man. Anybody can do wheelie on cycle or motorbike.  My pappa nooooo, he can do wheelie even when driving a train!"

-----------------

Meanwhile, all the dads were working hard to ensure that their kids grow up to be well educated. 

Education is one sector which was left behind during the reforms stage in 1991. It is one of the most important sectors in any country. Educated youth are a requirement for a successful country.

“The main hope of a nation lies in the proper education of its youth”- Erasmus

The Government cannot cope with the huge demand for quality education. Computer education for example, has spilled over to the free market outside government control. The world is changing and computer skills are becoming a must. Indians had traditionally been good at learning new stuff so India had an appetite for IT. Although, our schools and colleges are only creating an army of unemployables.

Two young entrepreneurs from IIT Delhi, Vijay Thadani and Rajendra Pawar, saw in the early 1980s what the government did not. They started NIIT (National Institute of Information Technology). There was another bunch of entrepreneurs that started Aptech.

India has more than three thousand centers of such ‘schools’ which train more than half a million students a year. This kind of training institutes became an instant success. They were so successful that the promoters could not cope up with the demand. So they decided to franchise it. They did it very successfully. They maintained the quality. The improved it actually. They earned a lot and the society gained a lot. They have checks and balances to see to it that the quality remains that way.

NIIT also have a four year program. It is like an undergraduate degree. It has an interactive method of teaching with emphasis on practical experience. It is also easier for them to change their course with the changing times and make it more effective as they don’t have to time consuming government process in between.

Tamil Nadu government has collaborated with them. NIIT provides computers and teachers and the Government provides them real estate. In the day it is a normal school where students are taught computers for free and after the school it becomes a commercial NIIT center where the residents of the town come and learn. It is a win win situation. If you think that NIIT will start exploiting the customers then you are wrong. Competitors like Aptech would see to it that such a situation doesn’t arise. That’s the beauty of a market economy.

NIIT is just an example I choose randomly. There are many more out there. Some known, some unknown.

We have seen the magic created by the Economic reforms. It’s time we have some on the Education front too. Economic reforms need the backing of education reforms. It cannot transform the country alone. Only educated youth can make full use of the opportunities that are offered through economic reforms.

Another question that I have is, is it Capitalism versus Communism/Socialism?

Government control on any sector has ruined it. I am not the only one saying this. It’s a fact now and not just my opinion. Cuba you say? Check this link.

It has been so many years since Independence but the Government has not been able to do anything about improving the education sector, atleast not as much as it should have.

We regularly see frequent fights between the Human Resource Department, the Law Ministry and the Bar Council over who will ‘control’ law students.

The foreign university bill is another controversial piece of legislation. It has various compulsions that a foreign university has to follow that will most definitely dissuade the good Universities to come to India. Imagine having to keep a large chuck of money with the government as surety, compulsorily employing Indians, following a limit set by the government on the salary that can be given to the faculties and following all the other guidelines given the government regarding its operations. No one would want to come, atleast not the famous Universities. Why can’t we leave it to market economy to decide? Students of good universities will be successful and that University will rise in the ranks. All the mediocre students and Universities will be shunned and finally will have to improve or shut down.

According to me, it is unjust that all political parties in India have to compulsorily declare that they will adhere to the principle of socialism under Section 29A of the Representation of the People Act 1951. It is as if the legislators think that Capitalism is against the interests of the general public. *sigh*

Well, that it I guess. There will be a lot of contradictory views, I am sure. Please feel free to ask questions. All of them will be answered. Keep coming back if you want to rebut my replies to your comments. A healthy discussion is always welcome. 

I recommend India Unbound by Gurcharan Das to anyone who wants to know more about this topic. The book is a gem. Simply Brilliant. 

 This is not exactly a law related post but well I thought a little bit of variety wouldn't hurt. :) 

Oh its been a long time since I wrote anything. I feel good.

Cheers

Napster

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
            Explanation—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy".

Above statement doesn't clarify the exact meaning, how it is clearify ??

Redstone Pharmaceuticals was one of India's biggest drug companies.  Unknown to the public, Redstone's main drug, Kilosal, actually used the public as genie pigs.  Kilosal was introduced into the market without being fully tested, and the first few batches were sold in establishments throughout the country, resulting in several women giving birth to children with severe brain damage, including cerebral palsy.  Redstone recalled the drug and tried to hush up the matter.   A young scientist, Subhash Iyer, who discovered that the abnormal births were a result of using Kilosal was planning to publish his findings in an international medical journal.   His paper was almost complete, and he was awaiting certain clarifications sought from Redstone.  Mysteriously, he was found dead a week later. The post mortem report stated that Subhash Iyer had died of cardiac arrest.  Incidentally, the hospital that prepared the post mortem report was Redstone's sister concern.

That was three years ago. Subhash Iyer's death was long forgotten.

Redstone was now defending perhaps the strongest law suit filed against it.  The plaintiff has questioned the manufacturer of Redstone's main drugs, and had incontrovertible evidence in his favor.   Redstone was manufacturing drugs far beyond its authorized capacity, and in a bid to please its shareholders, had blurted out this information in its Annual Report.   Also, the license to manufacturer some of its drugs had expired, and Redstone continued manufacturing and selling them illegally.

Redstone's arch rival, Super Pharma, engaged Advocate Shakeel, the city's most feared trial court lawyer, to launch civil proceedings against Redstone.   Shakeel, a master tactician, advised Super Pharma to stay out of the picture.  Instead, he set up his close friend to purchase a few of Redstone's drugs, gain locus standi, and file a hard hitting suit against Redstone before the City Civil Court, seeking far reaching reliefs including converting the suit into a class action. Needless to say, the plaintiff was just a front for Super Pharma, which was now fighting a proxy battle against Redstone. The plaintiff also sought an interim injunction seeking closure of Redstone, till the disposal of the suit. The interim application was supported with hundreds of documents, statistics, and expert opinions as to why Redstone should be shut immediately in public interest.

Notice was issued to Redstone, and corporate India's largest battle in the pharmaceutical sector was about to unfold before a district judge.

Redstone's management was shaken on reading the contents of the plaint. The company was given 10 days to file a reply. Redstone's Managing Director, Yashraj, immediately contacted Vishal, the city's most renowned corporate lawyer, to defend Redstone. Yashraj was a worried man, because he knew that everything alleged in the plaint was true. Even a day's closure would result in a financial loss of crores of rupees to Redstone. The damage that closure would cause to Redstone's reputation would be immense too.

Super Pharma, through the plaintiff, had already issued a press release. The suit against Redstone hit the headlines in almost all newspapers in the country.

Unknown to Super Pharma's management, they had a traitor working in their administrative department. Their senior accountant was actually Redstone's mole, who regularly leaked Super Pharma's confidential information to Yashraj. Of course he was handsomely rewarded each time. This was how Yashraj learned that the plaintiff was actually a front for Super Pharma. There was nothing on record to show that though.

Vishal used all his ingenuity in preparing objections to the interim application. He conjured up all arguments he could think of, including factual, legal and constitutional arguments. The objections filed made good reading. However, Vishal knew that Shakeel, a brilliant lawyer, would stoop to any level to get an interim order of Redstone's closure. Vishal cautioned Yashraj against taking any chances.

The hearing of the interim application commenced on Monday, post lunch. The Press was keenly following every word that was argued. Shakeel took two days to complete his arguments. Every point he made sounded like a winning argument.  Listening to him, it was hard to imagine how Redstone could escape.

Vishal commenced his arguments on Wednesday, and continued till the court rose for the day.   He commenced with technical arguments, challenging the Plaintiff's locus standi, and how the court fees paid was insufficient in the light of the reliefs sought. The next day, he was to argue on merits.

On Wednesday evening, just after the hearing, Super Pharma's accountant passed on information to Yashraj, which Yashraj had dreaded.  Just last evening, Super Pharma had bought the judge by paying Rs. One Crore to pass orders closing Redstone.

Yashraj spent the whole evening discussing strategies with Vishal. "I don't want my company closed at any cost!" thundered Yashraj.   "I have 85% stake in the company and its share value is over Rs. 1000 in the market. Even a drop of Rs. 100 will erode my net worth by hundreds of crores!"

Vishal was worried too. He had no evidence of Super Pharma "buying" the judge.   He could file an application to recuse the judge, but without evidence, any such move could prove fatal. Challenging any adverse order before the High Court too would prove expensive. Moreover, the judge had a pretty good track record, and his rulings were seldom disturbed by the High Court.

Vishal and Yashraj came up with a plan. If Super Pharma could buy the judge with Rs. one crore, perhaps they could do the same with double the amount!! They had to move fast. Vishal had to complete his arguments the next day.

That Wednesday night was the most tense in Vishal's career. He made some discreet inquiries, established contact with the judge and succeeded in striking a deal. Rs. Two Crores!! Redstone, after all, would not be shut down.

Vishal had to complete his arguments the next day though. As usual, reporters from various media filled up half the court hall. Camera crews were strategically positioned outside the court premises for sound bytes after the hearing. To make a show that the battle was still being bitterly fought, Vishal went through the motions of arguing on merits the whole afternoon. Shakeel, who was sitting opposite, listened to the arguments with disdain. "Say what you want, kid," Shakeel said to himself. "We've looked after this judge really well. Nothing that you say will convince him. The judge's ears are shut to whatever you say. Redstone too will soon be shut."

Vishal concluded his arguments that evening and the matter was reserved for orders on the interim application the next day at 2.30 pm.

On Friday, during the lunch hour, expectations were running high. TV channels were debating about the probable outcome of the hearing. The court hall was packed even though lunch hour had just begun and and pronouncement of the orders was almost an hour away.

Shakeel and Vishal were in the court hall too, seated opposite each other. In order to portray himself as a true intellectual, Shakeel had strategically placed legal commentaries on the table and pretended to be engrossed in reading volume 3 of Seervai's Constitution of India, 4th Edition. A curious reporter even asked him why he had so many books before him when the matter was only for pronouncement of orders. "I need to be prepared for any eventuality." Shakeel boasted. "Perhaps the judge may seek clarifications." As he spoke, there was a nod of approval from others who had gathered there.

Shakeel was only playing to the galleries. He was confident of Redstone's closure being ordered. "One crore should go a long way" he said to himself.

Across the table, Vishal sat smugly, with a half sneer and half snicker on his face. "Show off!" he said to himself, referring to Shakeel. "I just can't wait to see your face when your application is dismissed. Your one crore has gone down the drain, dude. If the judge has any ethics, perhaps he'll return the money to you. Actually, I hope he does not."

On the bench meant for the visitors, Yashraj too sat there pretending to look apprehensive. After all, there were reporters surrounding him and badgering him with questions. Deep within, Yashraj too was feeling smug, knowing that the two crores he had paid would ensure that the judge does not order Redstone's closure.

It was 2.30 pm. Lunch hour was over. "Ooppeeen Cooourt," cried the Bench Clerk, as the judge walked into the court room to take his seat. There was muffled silence in the court room as every one stood up, and remained standing till the judge did his customary "Namaste" and took his chair. Everyone's heart began to beat a bit faster.

A whole minute passed by. The judge was shuffling through the case file, trying to seem oblivious to all the attention focused on him. He closed the file and then spoke.

"Counsels," the judge said, looking first at Shakeel and then turning to Vishal. "We have a problem here. Only yesterday, I learned that my wife has 5000 shares in Redstone. Because of this apparent conflict, I'm afraid I have to recuse myself from the case."

There was deafening silence in the court hall.  Neither Shakeel nor Vishal knew what to say. Yashraj's jaw had dropped. "You scroundrel," he thought. "How can you do this after taking two crores from me? Damn you, you've taken one crore from the other side too."

Shakeel and Vishal too were fuming within. Till now, both had been supremely confident of their success, and had even prepared press statements.

"Do any of you have anything to say?" the judge enquired.

Too stunned to speak, there was silence for a few seconds. Shakeel was the first to stand up and speak. "Err . . . aaah . . . no, your Lordship!! Err . . . we appri . . . err . . . we . . . we . . . appreciate your Lordship's integrity! The matter may be placed before any other judge."

Yashraj, who was watching was even more furious. "Integrity? . . . My left foot," he muttered to himself. "You were supposed to throw out that application, you creep. . . . And these servile idiots call you 'Lordship.' What crap! You are the incarnation of Satan. They should call you 'your Devilship.' Just look at that face of yours! After all, you are only a district court judge!! What audacity! I'm sure you will take the local bus this evening and get off at the Mercedes Benz showroom."

"So be it," said the judge. "I will order that the file be placed before the Chief Judge for further orders. Thank you, gentlemen. Call the next case please. . . ."

As the crowd dispersed from the court hall, both the sides knew they were done in. Both the lawyers had a lot of explaining to do to their clients.

_____________

That evening, at 6 pm, about twenty kilometers from the court premises, the Director of the Spastics Society of India was getting ready to call it a day. Just then, his receptionist called him on the inter-com and informed that he had a visitor.  "Send him in," said the Director.

A middle aged man walked into the Director's office. "Hello, my name is Ashok Iyer," he said. "If you remember, my brother, Subhash Iyer - a scientist, passed away three years ago. That made quite a lot of news those days."

'Oh yes, Mr. Iyer" said the Director. "I do remember.  I'm sorry for your brother. What brings you here? Are you a scientist too?"

"No," said Ashok. "Actually, I am a judge at the civil court. I struck a lottery yesterday.  I've come to donate Rs. 3 crores to the Spastics Society in memory of my brother."