No SC verdict on Ram temple before 2019 polls, say lawyers

Agencies
September 21, 2018

Lucknow, Sept 21: The Ram temple issue, presently in the Supreme Court, could linger further and there is no chance of any verdict before the 2019 Lok Sabha polls, claims the lawyers involved in the case.

The current three-judge Bench headed by CJI Dipak Misra had been hearing the Ayodhya title dispute. Justice Misra is to retire on October 2 and those legally associated with the case say there is absolutely no possibility of any verdict coming in the case before that. In fact, the Bench has not entirely started with the actual hearing in the title case. 

Mr Jafarayeb Jilani, the convener of Babri Masjid Action committee and lawyer for the Muslim side in the Ram Janam Bhoomi-Babri Masjid dispute case, told UNI here on Friday that the bench concerned has so far heard and reserved its order only on an earlier ruling of the Apex court in 1994, which said, 'Mosque is not the essential requirement In Islam. Order on this was reserved on July 20 and is expected to be pronounced before Justice Mishra retires.”

Mr Jilani said, “If the bench thinks the 1994 ruling is required to be looked into, the issue will be recommended to be heard by a five-judge bench or above it. This, because the 1994 ruling of 'Mosque not being an essential requirement in Islam' was given by a five-judge bench.

He further explained that if a new bench is to be constituted, the matter will be subsequently heard by it." And if it's the other way around, even then a new bench—most likely comprising of the new Chief Justice of India—will hear it post Justice Mishra's retirement. Justice Ranjan Gogoi is set to take over as the new CJI.”

Mr Jilani feels that this 1994 observation doesn't makes any significant impact on the ongoing title suit case. However, since it's related to the Ayodhya dispute, the judgement on the ruling will certainly create a flutter.

Senior lawyer Hari Shankar Jain of the Hindu Mahasabha is more vocal in his observation. He says, “I don't see any solution coming from the Supreme Court even in the next two years. Forget about anything before the 2019 general elections.” He further says, “The actual hearing in the title suit has not yet started. First, the court will decide about the 1994 ruling. Only then will there be further progress.”

Now, amid this clarity of no verdict on the sensitive issue in the near future, the question arises about what the Narendra Modi government wishes to do.

The BJP leaders have been giving a mixed response in the matter. While BJP president Amit Shah and Prime Minister Modi have not spoken a word about the issue during their rallies and visits to Uttar Pradesh, the state’s Chief Minister Yogi Adityanath had earlier suggested that temple is not part of party's agendas for the 2019 elections. Mr Adityanath said, “Lord Rama will himself decide the date of the temple construction.”

This statement was widely read as BJP's tactical decision to not to make it an issue in the 2019 polls. However, UP's deputy CM Keshav Maurya had taken a different route. Mr Maurya had said, “We are committed about the Ram temple and the Centre will not be shy away from bringing in a legislation to pave way for the construction of Ram Temple at the disputed site in Ayodhya.”

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News Network
July 11,2020

New Delhi, Jul 11: India's COVID-19 case count crossed the eight lakh-mark on Saturday with yet another highest single-day spike of 27,114 new cases in the last 24 hours.

As many as 519 deaths were reported during this period.

The total number of positive cases in the country stands at 8,20,916, including 2,83,407 active cases, 5,15,386 cured/discharged/migrated and 22,123 deaths, according to the Ministry of Health and Family Welfare.

With as many as 2,38,461 COVID-19 cases, Maharashtra continues to remain the worst-affected state, followed by Tamil Nadu (1,30,261) and Delhi (1,09,140).

Meanwhile, 1,13,07,002 samples have been tested for COVID-19 till July 10. Out of these 2,82,511 samples were tested yesterday, according to the Indian Council of Medical Research (ICMR).

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News Network
January 1,2020

Jan 1: Two army personnel were killed in a gunfight with heavily-armed Pakistani infiltrators along the Line of Control (LoC) in Jammu and Kashmir's Rajouri district on Wednesday, officials said.

The infiltrators were intercepted in the Khari Thrayat forest when they were trying to sneak into India from Pakistan-occupied Kashmir (PoK), they said.

"Two army soldiers martyred during cordon and search operation in Nowshera sector. The operation is still in progress and further details are awaited," Jammu-based Indian Army Public Relations Officer (PRO) Lt Col Devender Anand said in a statement.

The search operation was launched following information about the movement of suspected terrorists, the officials said.

The infiltrators opened fire on the troops and during a fierce gunfight, the two soldiers were killed, they said.

The officials said a massive operation is on in the area.

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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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