Legal Circles

* ICARUS PARADOX, RULERS MUST KNOW !

Coined by author Danny Miller in 1990 the expression, Icarus Paradox is a warning to the success -drunk people, in any field, though generally attributed to the businessmen but not limited to the business. In practice, the Icarus Paradox fits in every walk of life.

The paradox refers to the over - ambitious people who after tasting enviable success become more capricious and long for achieving more and more without any limits. Ultimately, the very factors which were responsible for their phenomenal growth, cause their crash.

The paradox named after a Greek mythological character, Icarus who wants to escape imprisonment. His father, Daedalus, a craftsman carves for him the wax- wings. While giving these wings to Icarus, he forewarns him that he should not fly too high. If he flies very high he would crash. Icarus with his wax-wings flies higher and higher much against the warning of his father. Finally, due to the severe heat of the sun, the wax-wings melt leading his crash in the sea.

The moral of the story is that the factors which get you success, may, if over used, bring your sudden down fall. The instances of Icarus paradox are a plenty around us. Be it business, politics or any other field, too much reliance on a sucess factor is considered too much.

In the context of the present day politics, the Icarus paradox has much to say to all political parties. The National Democratic Alliance (NDA) led by the Bharatiya Janata Party (BJP) came to power at the Centre and several States in last two elections. Apart from the reasonably good performance during all the nine years, the main plank of Hindutva has been the motive power for the electoral success of the BJP. The people, mostly Hindus, undoubtedly voted the BJP and its allies because they felt their hopes and aspirations of a Hindu Rastra would be fulfilled by voting them to power. The construction of Ram temple in Ayodhya bolstered the hopes of the electorate. However, in so far as the next general elections are concerned, the ruling alliance seems to be over confident. The leaders, like Icarus, feel that the wings of limited Hindutva are good enough to further ascend to power in 2024. They forget that the limited Hindutva of building Ram temple or litigating for Gyanvapi, Krishna temples is not going to satisfy the voters this time. They want nothing short of the Hindu Rashtra officially. And to reassure them, the mammoth majority of Hindus wants a pre-electoral assurance from the BJP led alliance by way of a categorical assurance in this regard in their election manifesto. They had done it with regard to the Ram temple and they got a massive mandate. Now in order to repeat the feat, the BJP will have to do the same, otherwise, like Icarus wax- wings, their piecemeal approach to the Hindutva will melt down leading to their downfall.

The same applies to the opposition parties also. Whether united or isolated, they will have to mend their ways to garner sufficient votes to capture power. Merely harping on the BJP on each and every issue will lead them no where. They must know that the majority of the electorate wants to see Bharat as the officially declared Hindu Rashtra. Any amount of high voltage propaganda by these parties devoid of the top most agenda of Hindu Rashtra, is bound to melt down like the wax-wings of Icarus. Because, in a democracy which guarantees the rule of law, the people's will is paramount, and as of today, people want nothing short of the Hindu Rashtra.

* KERALA -HC ON ANTICIPATORY BAIL

Justice Kauser Edappagath of the Kerala High Court has ruled that second anticipatory bail petition is maintainable if the accused shows the substantial change of circumstances since the previous anticipatory bail petition or that the view taken in the earlier order has become obsolete.

In a case titled, Suresh KM Vs. State of Kerala and Another, it was contended that since the police had completed investigation, custodial investigation of the accused was not necessary. It was also alleged that the husband of the victim woman was in the habit of filling false complaints.

The victim woman had made the allegations of sexual harrasment under Sections 354, 376 and 511 of IPC against the accused. The court while agreeing with the contention that the allegation of victim 's husband being in the habit of filling filing false complaints, was a change in the circumstances that would make the present application for anticipatory bail maintainable, refused to grant the anticipatory bail stating no proof to substantiate the allegation was submitted to the court. As regards the petitioner 's contention that since police had completed the investigation, no custodial investigation was required, the court held that this fact alone cannot weigh in favour of the petitioner for the grant of the anticipatory bail.

* TJAA SUBMITS MEMO TO LAW MINISTER

The president of TJAA, Jakkula Vamshi Krishna recently met the Union Minister for Law and Justice Arjun Ram Meghwal and submitted a memorandum.

The memorandum sought for scrapping of Section 41A of Cr.PC which makes it mandatory for the police to issue a notice to the accused of the offences attracting the imprisonment upto seven years to explain his stand on the allegations made by a complainant. The association contended that this section is often misused by the police and influential offenders go scot free.

The TJAA expressed its concern over brutal murders and attacks on the advocates and demanded the enactment of The Advocates Protection Act . It also demanded stipend for junior advocates all over India and reiterated the long pending demand for the establishment of a bench of the supreme court in Hyderabad.

*SC REJECTS SECUNDERABAD CLUB ' S PLEA

The division bench of Supreme Court comprising Justice B.V Nagarathna and Justice Prashant Kumar has held that the income accrued on fixed deposits etc, held in a bank are liable to income tax irrespective of the fact whether the concerned bank is a member of the Club or not.

In its judgement dated 17th August in the case titled, Commissioner of Income Tax Vs. Secunderabad Club the apex court also rejected the Club 's plea that the Court should take in to consideration its earlier judgement in Cawnpore Club. The court said in the case of Cawnpore Club the court had not elaborated the expression "other reasons". Therefore, the said judgement was limited only to that particular case only.

The judgement also extensively dealt with the concepts of ratio decidendly and obiter dicta.

* DRINKING, A GROUND FOR DIVORCE: C'GARH-HC

A division bench of the Chhattisgarh High Court comprising Justice Gautam Bhaduri and Justice Sanjay K. Agrawal in a judgement delivered on July 26 held that excessive drinking and ignoring his duties as husband towards the family, can be a valid ground for granting divorce under the Hindu Marriage Act, 1955.

The wife whose petition for divorce was dismissed by the lower court had filled the appeal. It was submitted on behalf of the wife that the respondent husband was a habitual drunkerd and was not doing any work. Whenever, she asked him to stop drinking and get some employment, he used to beat her. He was neglecting children as a result of which their education was affected. The husband denied all allegations.

The High Court after considering the arguments of both sides, held that it was the duty of the husband to look after family. Drinking, assaulting and neglecting children amount to mental cruelty, the court held. The court also awarded alimony of Rs.15,000 to the wife.

* NEW LAW SECRETARY FOR TS

Sri R. Tirupathi has been appointed as the new Law Secretary for Telangana. His deputation period will be one year, according to a state government notification.

Sri Tirupathi was the Principal Special Judge for trial of SPE and ACB cases at Hyderabad.