After bouquets, crisis returns for Harish Rawat in Uttarakhand

April 23, 2016

New Delhi, Apr 23: Harish Rawat was in the midst of a meeting with officials at Dehradun secretariat, receiving bouquets, when he was told that he is no longer chief minister of Uttarakhand. Leaving bouquets behind, Rawat made a hasty retreat, expressing his disappointment at the Supreme Court order of staying the Uttrakahnad High Court verdict that had restored him as the chief minister.

rawat

"From what I understand, yesterday I was a chief minister appointed by the High Court, before that I was dismissed by President's Rule, today I am yet again dismissed as present chief minister," he said on hearing that the apex court had ruled that till its next hearing on Wednesday, the state will remain under President's Rule.

Earlier, chairing a cabinet meeting, Rawat cleared 11 decisions, which included sanctioning Rs 50 crore to each district to address water crisis.

The Centre had appealed in the Supreme Court against the High Court verdict, which was a deep embarrassment for it. The Uttarakhand High Court had also strongly criticised the Centre's motives.

Amidst a high drama in the court, where the hearing lasted for one-and-a-half hour, judges at the Supreme Court also sought an undertaking from the government not to revoke the President's Rule in the state, till, they hear the case.

The two-judge bench of Justice Dipak Misra and Justice Shiv Kirti Singh accepted attorney general Mukul Rohtagi's submission that the copy of the detailed judgment is not available for the parties concerned in the case but the chief minister Harish Rawat has started taking policy decisions citing the court's oral order. "It is directed that the judgment of the high court shall remain in abeyance till April 27, 2016. That apart, as undertaken by Mukul Rohatgi, AG, the Union of India shall not revoke the Presidential Proclamation till the next date of hearing," the bench said.

It asked the high court to provide the judgment passed on Thursday to the parties and to top court by April 26.

Seeking stay of the high court order, Rohatgi told the court ought to have waited for few more days to pronounce the judgment. "How can the judgment be implemented unless you have the copy of it. It can't deny a party to file an appeal. I see on TV that the respondent (Rawat) says he has been resurrected as the Chief Minister and late in the night calls for cabinet meeting. How can you say that the government has been resurrected. "In the absence of the copy of the judgment the other party cannot go to appeal. The idea is not that you steal a march," Rohatgi said.

The apex court issued notice to Harish Rawat and chief secretary of the state on the petition by Centre challenging the quashing of Presidential proclamation under Article 356 of the Constitution in the state. During the hearing, the bench also observed that as a matter of propriety the high court should have signed the verdict so that it would be appropriate for it to go into the appeal. The AG along with senior advocate Harish Salve, pressed for the stay of the judgment on the ground that one party can be put at advantage and assume the office of chief minister when the other party is pushed to disadvantage in the absence of the judgment. Senior advocates Abhishek Manu Singhvi and Kapil Sibal, appearing for Rawat and the Assembly Speaker, opposed the Centre's plea and pressed hard against the passing of any interim order saying "you are allowing the appeal by giving the stay without going through the judgment". Sibal was of the view that allowing stay of operation of the High Court verdict would be like enforcing the proclamation of the President rule. "Today we find that in the absence of the signed judgment, somebody is acting in his office which is not appropriate.If the judgment is subject to appeal, it cannot be allowed to be implemented. It cannot be subjected to the advantage of some and disadvantage of others," he submitted.

He said the Presidential proclamation was based on the Union Cabinet's note which has considered the apex court's S R Bommai judgment which has dealt in great length with the issue of Article 356 and the floor test. Rohatgi referred to the March 18 incident when during the presentation and passing of the Appropriation Bill, the Rawat government was reduced to minority with nine Congress MLAs turning rebel and joining hands with 27 BJP MLAs in demanding vote by division which was not allowed by the Speaker and those 35 MLAs complained to the Governor. When the bench asked about the communication of Governor to the President, AG said, the Governor wrote a series of letters but he did not recommend President's rule as it was not necessary under the Constitution. He referred to the sting operation aired on March 25 on TV allegedly showing the then Chief Minister clearly talking about Rs five crore, Rs 10 crore, Rs 20 crore etc.

Rohatgi also criticised the high court verdict which said that the nine rebel Congress MLAs have committed a constitutional sin without being party to the hearing. He said remarks against them were made when their plea against the disqualification was pending before the single judge bench. The AG said without signing the judgment, the Uttarakhand High Court Chief Justice C M Joseph, who was presiding judge of the bench which quashed the President's Rule, has left for Delhi to attend the judges conference called by the Chief Justice of India and the same will be over by Sunday. The verdict would be signed next week only. After the court hearing, when dna tried to talk to Justice Joseph, he politely declined to comment on the case.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
January 19,2020

New Delhi, Jan 19: Reacting to a tweet by ace lawyer Indira Jaising urging her to forgive the four men on death row for brutally raping that finally took her life, Nirbhaya's mother said on Saturday: "Even if God asks me, I won't forgive them."

Speaking to news agency, over the phone, the mother who had been fighting for seven long years to send her daughter's killers to the gallows, said, "...even if god comes and asks me to forgive them, I will not. People like these (Jaising) are a blot on the society."

Commenting on Jaising's tweet, she said: "Who is she to tell or suggest to me to forgive them. What relation does she have with me. I have nothing to do with such people. She can be a relative of those (the convicts) that she is having a soft corner for."

"She is an insult to women. She is running a business in the name of human rights. She is a veteran, she should give a message to the society. But she instead will go against her own kind," she added.

Earlier in the day, Jaising had requested Nirbhaya's mother to follow the example of Congress president Sonia Gandhi, who had moved for the clemency of a woman, Nalini Murugan convicted for the assassination of her husband and former Prime Minister Rajiv Gandhi.

"While I fully identify with the pain of Nirbhaya's mother I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she didn't want the death penalty for her. We are with you but against death penalty," Jaising tweeted on Friday.

A Delhi Court on Friday issued fresh death warrants against the four convicts -- Akshay, Pawan, Mukesh and Vinay in the Nirbhaya gang rape and murder case.

Additional Sessions Judge (ASJ) Satish Kumar Arora fixed 1 February as the date of execution of the four death row convicts. They will be hanged at 6am.

The move came after the prosecution moved an application seeking issuance of fresh death warrants following the rejection of the mercy plea of one of the convicts Mukesh by President Ram Nath Kovind.

The 23-year-old victim was brutally gang-raped and tortured on December 16, 2012, which later led to her death.

All the six accused were arrested and charged with sexual assault and murder. One of the accused was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.

Four of the convicts were sentenced to death by a trial court in September 2013, and the verdict was confirmed by the Delhi High Court in March 2014 and upheld by the Supreme Court in May 2017, which also dismissed their review petitions.

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News Network
May 27,2020

New Delhi, May 27: Professor Johan Giesecke of the Karolinska Institute, Sweden, on Wednesday claimed that India will ruin its economy very quickly if it had a severe lockdown.

Claiming that a strict lockdown may disrupt India's economic growth, Giesecke during an interaction with Congress leader Rahul Gandhi said: "In India, you will do more harm than good with strict lockdown measures. India will ruin its economy very quickly if it had a severe lockdown."

While calling for a soft lockdown approach in India, he suggested that India has to ease restrictions one by one. It may, however, take months to completely come out of lockdown, he said.

He further criticised countries across the globe for having no post-lockdown strategy.

Emphasising on the disease, the Swedish health expert said that coronavirus is spreading like a wildfire across the world. "It is a very mild disease. Ninety-nine per cent infected people will have very less or no symptoms," he added.

Meanwhile, Ashish Jha, Director Harvard Global Health Institute and a recognised public health official, in interaction with Gandhi, called for a need to go in for an 'aggressive' COVID-19 testing to create confidence among people.

"When the economy is opened post-lockdown, you have to create confidence. There is a need for aggressive testing strategy in high-risk areas," he said.

He asserted that COVID-19 is not the last pandemic in the world, adding that "We are entering the age of large pandemics".

Jha further said that countries like South Korea, Taiwan and Hong Kong have responded the best to COVID-19 pandemic, while Italy, Spain, the US and the UK have responded the worst.

A few days ago, the Gandhi scion had interacted with former Reserve Bank of India Governor Raghuram Rajan and Nobel Prize Winner Abhijit Banerjee to discuss various issues related to the COVID-19 crisis.

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