Legal Circles 21-01-2024

LEGAL CIRCLES

· WORLD WAR III KNOCKS AT THE NEXT DOOR!

William Shakesphere, the great poet and dramatist said; ‘What’s there in a name? Rose is Rose by whatever name you call it...’ This adage is true in the present day context also. The geo-political equations are changing rapidly, rather at a dangerous velocity! Some two years back the first spark of bloody war was ignited by Russia when it attacked the unpersuasive Ukraine. The war was ignited because the Ukraine refused to take the diktat of Russia for not joining the NATO military alliance. The Ukraine rightly retorted saying that it was a sovereign nation and therefore, had the right to decide about its state policy about joining any military alliance. On the other hand, the reasoning of Russia also deserves the due consideration. According to Russia, if Ukraine joined the NATO alliance, it would mean giving access to enemy alliance to its borders. Obviously, no prudent nation would tolerate such a situation.

Consequently, the war which triggered between Russia and Ukraine in February 2022 engulfed several nations of the world. While USA, Israel, UK and the European Union supported the Ukraine with diplomatic and military wherewithal, Russia too, got the support from China and North Korea besides the sworn enemy of the US, Iran.

A new dimension to such a global war was added on October 7 last year when Iran’s proxy Hamas militants attacked Israel and held about 200 innocent persons as hostages. In retaliation, US supported Israel, took a vow to eliminate the Hamas militia and rescue the people taken as hostages. The recent diplomatic efforts by the USA and other well-meaning states to make Israel agree to what is called as two nation compromise have also failed. As the fierce war continued indefinitely, other militia proxy organisations of Iran such as, Hizbulla in Lebanon and Houthis from Yemen also jumped into the frame.

The Houthi militants blocked the Red Sea trade route which accounts for about 12% of the world’s sea trade. This made the issue more serious and all the European countries besides the USA gave an ultimatum to Houthis to desist from blocking the trade route. However, Houthi militia continued their attacks and military operations against all these countries. Meanwhile, war like situation erupted between China and Taiwan and North Korea and South Korea also. The sparks of war also seem to be igniting between India and Maldives, as the recent hobnobbing between Maldives and China suggests.

The latest to the World War III like situation is the missile attack of Iran into the territory of our immediate neighbour, Pakistan’s Baluchistan region and immediate retaliation of Pakistan in the same way as Iran did. Several causalities in both the countries have also been reported and going by the political affiliations of both the countries with super powers like US, Russia and China there is a little hope of immediate peace.

Obviously, India cannot keep its eyes shut. The flames of WW III have reached dangerously to our neighbouring country, Pakistan. The irony is that Iran and Pakistan both are Islamic countries and have a track record of long friendship. India on the other hand is the sworn enemy of not only Pakistan but also of China and Maldives. With the dictator-ruled country like North Korea supporting China, we cannot think of peace anymore. Added to this, our internal enemies such as hard core Jehadis and extremists are always ready and willing o support the country’s enemies. Therefore, let us follow Swamy Vivekananda who said: ‘The best guide in life is strength. In religion as in all other matters, discard everything that weakens you, have nothing to do with it.’ The time demands unity and integrity of 140 million of India, irrespective of caste, creed, religion or language to be worthy of country’s sovereignty.

* SC ISSUES GUIDELINES FOR BAIL PETITIONS

In an important development the Supreme Court on January 19 issued several guidelines for the bail petitions to avoid any confusion.

A division bench comprising Justice Vikram Nath and Justice Rajesh Bindal in a criminal appeal titled, Kusha Duruka Vs. State of Odisha issued a slew of guidelines for the better understanding of the case.

· BOMBAY HC CONDONES 40 YEARS DELAY

In a case titled, Rajeev Bhadani and Others v/s Maharashtra State Electricity Distribution Company Ltd. and Others, a division bench comprising Justice B.P.Colabawalla and Justice Somasekhar Sundaresan held that the state cannot evade its responsibility to pay the compensation merely on grounds of delay and latches. In the instant case, possession on the land had been taken without paying any compensation.

Terming the denial for payment of compensation to land owners as unjust, the bench ordered the Collector of Thane to compute the compensation amount and award the same within 3 months.

· BOMBAY-HC PASSES JOHN DOE ORDER IN PAN CARD SERVICES CASE

In a Copy Right infringement suit titled, UTI Infrastructure Technology and Services Ltd. v/s Extra Tech World and Others, a single judge bench of the High Court comprising Justice Bharathi Dangre passed a John Doe order which is an order passed by a Court against unidentified and unknown individuals or entities who are difficult to track down. The John Doe orders are passed in cases of infringement of intellectual property.

The High Court agreed with the petitioner’s argument that 13 websites were causing monitory as well as reputation loss by falsely representing that there were authorised to provide PAN-related services.

· DELHI HC FRAMES GUIDELINES FOR MARRIAGE AFTER CONVERSION

The Delhi High Court on January 19, opined that an individual undergoing religious conversion for the purpose of marriage must be fully informed of the legal consequences associated with it.

Justice Swarana Kanta Sharma observed that the foremost requirement in the process in the religious conversion for the purpose of marriage revolves around ensuring informed consent and comprehensive understanding of the individual undergoing conversion.

In order to ensure such a situation, the court issued a slew of guidelines.

* LAW STUDENTS PIL AGAINST GRANT OF HOLIDAY ON JAN.22 DISMISSED

The Bombay High Court has dismissed the Public Interest Litigation (PIL) against the state government' s decision of declaring a general holiday on January 22, the day when the Pran Pratishtha of Lord Ram in the newly constructed Ram temple in Ayodhya will be held.