ONCE BITTEN TWICE SHY, INDIA NEEDS RUTHLESS POLICY

Hyderabad: After the devastating bombardment of Lebanon, the Hezbollah militants have come to knees. They are now pleading for mercy on the humanitarian grounds. But this transformation has come after firing as many as 8,000 deadly weapons on Israel. In the past, in the fiercely faught war against Israel in 2006 , Lebanon had to surrender to Israel and the latter had magnanimously shown leniency after taking an assurance from Hezbollah that it would not engage in any kind of hostility against Israel and live in peace in future.

But as the experience has taught, the Hezbollah after recovering from the humiliation of 2006 crushing defeat, returned to its original colours and as a puppet proxy of Iran, took up cudgels against Israel along with similarly placed other Iranian proxies such as, Houthi and Hamas. Like Lebanon's ineffective legal government, the governments of Yemen and Palestine remained moote witness to the naked dance of violence performed by their terrorist organisations. The result is there for all to see.

The analysis of ongoing war between Israel and the Jihadi outfits of three H, namely Hamas, Houthi and Hezbollah should serve as a guide to our country which is similarly placed as Israel. However, there is a sea of difference between Israel and Bharat. While Israel is militarily far superior to us, we are despite our war -preparedness , not so much equipped. Further, Israel has guts to say that it would finish the Jihadis called, three H, we are sadly lacking that determination. It is also true that almost the entire civil population of Israel is a trained force at warfare, we are only singing the peace songs in chorus. Lastly, in Israel, the Opposition parties are behaving in a responsible manner and today they are a part of the war cabinet. The war cabinet whole heartedly supports the war management of the prime minister, Benzamin Netanyahu.

In contrast, our Opposition parties are behaving like true enemies of the ruling party and indulging in anti-national activities. Their leaders openly give statements having potential to foment communal, sectarian, regional and casteist trouble in the society. Some of them even spit venom against Bharat and its cultural and social heritage while on foreign tours. The government itself unfortunately, gives kid -glove treatment to the most serious issues like Jihad, mass infiltration of foreigners and extremism. The masses are the soft targets of such violent groups since they neither have any arms with them nor any training to deal with armed mob attacks.

The Constitution of India with all its niceties and drawbacks as it stands today, obligates its three organs viz. Legislature, Executive and Judiciary to primarily to protect the life and property of every person living in the country. Therefore, these organs have to stand a guard to this fundamental right. Other things can wait but not the protection of life and property. We should take a leaf from Israel in this regard. Right from the Mopla genocide of Hindus to the post partition mass killings and thereafter , the Hindus have suffered heavily mainly because of lackluster attitude of the above mentioned three organs of our democracy. Now it is time to rise in one voice and defend ourselves in the critical times irrespective of the help from the three Constitutional bodies.

SC: HC CANNOT CONVERT ACQUITTAL INTO CONVICTION IN REVISIONAL POWER

The supreme court of India has recently held that a High Court does not have power to convert the acquittal of an accused to conviction while exercising its power of revision under the Criminal Procedure Code (Cr.P.C).

Elaborating the scope of Section 401(3) of Cr.P.C, a division bench of Justice Hrishikesh Roy and Justice S.V.N Bhatti in its Judgement dated 2-9-2024 in a case titled, C.N Shantha Kumar Vs.M.S Srinivas observed that the said provision permits the High Court to remand the matter back to the trial court for reconsideration in case it finds that the matter requires the same. Awarding conviction from the order of acquittal is beyond the High Court power, the bench added.

The matter related to the dishonour of a cheque and subsequent filing of a case by the drawee under Section 138 of the Negotiable Instruments Act, 1881. The trial court convicted the accused but the first appalate court acquitted him. In revision, the High Court reversed the appellate court 's judgement and passed the Judgement of conviction.

MADRAS HC ON CONFUSING TRADE MARK

A single bench of Justice P.B Balaji of the Madras High Court has held that a deceptively similar and confusing trade mark damages the reputation of the validly legal owner of the trade mark.

The court in its Judgement in a case titled, GM Modular Private Limited vs. K.Dalpat Singh and D.Pepi Devi directed the Registrar of Trade Marks to remove the trade marks, GM Pipes and GMware from the Register of Trade Marks registered in favour of the respondents.

BHARAT MATA KI JAY, NOT A HATE SLOGAN

The Karnataka High Court in a recent order has held that shouting slogans like Bharat Mata Ki Jai by no strech of imagination could be said to hurt religious sentiments of a person or promote communal disharmony.

Therefore, an FIR filed under Section 153-A IPC against five accused , the single judge bench of Justice M. Nagaprasanna in a case titled, Suresha and others vs. State of Karnataka and another quashed .

BCI MANDATES NEW GUIDELINES FOR BACKGROUND CHECK

The regulatory authority, Bar Council of India (BCI) issued new guidelines on September 24 for implementation with immediate effect.

The guidelines mandate that there shall be criminal background checks, declaration regarding simultaneous degree or regarding other academic programmes, declaration of employment status, biometric record of attendance and preservation of CCTV footage for the past one year for all students pursuing a law degree.

The Centre of Legal Education (CLE) will be held responsible for implementation of the guidelines failing which stringent action including withdrawal of recognition and affiliation will be taken against the concerned CLE. The guidelines further mandate that every student will have to give an undertaking with regard to the due compliance to these guidelines. The CLE shall ensure that these guidelines are followed by every student before issuing marksheet and certificate.