Justice Bhandari elected to ICJ

April 28, 2012

DJCNew Delhi, April 28: India's nominee Justice Dalveer Bhandari of the Supreme Court was on Friday elected to the post of Judge of the International Court of Justice (ICJ) in the elections held in New York, United States.

Justice Dalveer Bhandari defeated the 84-year-old Justice Florentino Feliciano of the Philippines in the elections held to fill the casual vacancy following the resignation of Awn Shawkat Al-Khasawneh from Jordan in October 2011. He will have six-year tenure. He is eligible for re-election for a second term of nine years at the end of the present term.

Justice Bhandari expressed his happiness on being elected to the ICJ. He said he secured 122 out of 197 votes in the General Assembly and 13 out of 15 votes in the Security Council.

He will be the third Asian representative in the 15-member ICJ. As per Article 8 of the ICJ statute the General Assembly and the Security Council elect a judge for the ICJ.

In the past, Sir Benegal Rau (1950s), Dr. Nagendra Singh (1970-80s) and Justice R.S. Pathak (1988-90), former Chief Justice of India, had served as Judges of the ICJ. Two persons served as ad hoc Judges namely: M.C. Chagla in a dispute with Portugal in the 1950s and Jeevan Reddy in a dispute with Pakistan in 2002.

The ICJ is the principal judicial organ of the United Nations. It consists of 15 Judges who serve for nine years. Out of 15 Judges, the distribution is 3 for Africa; 2 for Latin America; 3 for Asia; 5 for Western Europe and other States and 2 for Eastern Europe.

At present, among the 15 Judges on the Bench of ICJ, two representatives from Asia are: Hisashi Owada from Japan, who is also the president, and Xue Hanqin from China.

Supreme Court lawyer Mohan Katarki, an expert in international law and water disputes and one who is familiar with the working of the ICJ, told The Hindu “election of an Indian nominee to the ICJ with a proven judicial background may help in strengthening the institutional competence to handle complex disputes on environmental or ecological issues in the era of climate change possibility.”

Vast experience

Justice Bhandari (64) has vast experience in international law and is familiar with the working of the U.N. organisations. On April 21, 2009, he delivered the Key Note address on “Transnational Enforcement of Intellectual Property Rights” at the 5th International Judges Conference on Intellectual Property Law organised by the Intellectual Property Owners Education Foundation at Washington DC, U.S.A. He was nominated as a Member of “3rd High Level Indo-Australian Legal Forum Meet” held on 9th - 10th November, 2011 at New Delhi which consisted of Chief Justices, Judges, Attorney Generals from India and Australia.

He has been selected as one of the 16 most illustrious and distinguished alumnus in the 150 years (1859-2009) history of the Northwestern University School of Law, Chicago, U.S.A.

He was unanimously elected as President of the India International Law Foundation in 2007. He is continuing in that position. Justice Bhandari, who is due to retire in September, will have to resign as a judge of the Supreme Court to take up his new assignment.

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News Network
March 24,2020

Ahmedabad, Mar 24: The Gujarat police has detained 426 people in the last 24 hours for violating lockdown rules in force in the state to combat the novel coronavirus outbreak, a senior official said on Tuesday.

They include those who came out despite being advised home quarantine, state Director General of Police Shivanand Jha said.

"The lockdown met with around 90 per cent success. We are taking strict measures to implement the lockdown in the remaining 10-15 per cent areas. We have lodged 238 cases related to the violation of police notification and 127 cases related to quarantine rule violation. In all, we have detained 426 persons across the state," Jha told reporters in Gandhinagar.

"For better implementation of the lockdown and to address issues concerning people, we have set up a dedicated 24-hour control room and appointed two additional DGP rank officers to supervise operations. Three teams under them would work to resolve issues across the state," said Jha.

He said police commissioners and districts SPs have been asked to enforce the lockdown in an effective manner.

Essential services like vegetable and milk shops are allowed to remain open, he said, and asked people not to flock in large numbers to such shops.

The state has so far reported 33 COVID-19 cases, and one person has died of the infection.

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Agencies
May 9,2020

New Delhi, May 9: The Supreme Court on Friday agreed to consider a plea raising the issue of mass termination and the illegal salary cut of employees in IT/ITES/BPO/KPI by their employers during the lockdown due to the spread of the coronavirus.

A bench comprising Justices Ashok Bhushan, S.K. Kaul and B.R. Gavai, taking up the matter through video conferencing, agreed to examine the issue and listed it for May 15.

The petition, argued by senior advocate Devadatt Kamat, was filed by National Information Technology Employees Sena (NITES) through advocate-on-record Amit Pai, and sought implementation of directions issued by the Centre on March 29 and similar advisories issued by several other states mandating payment of wages/salaries to the employees and also directed not to terminate them during the period of lockdown.

A directive was issued by the Union Ministry of Labour and Empowerment to all Chief Secretaries of state governments to issue advisories to public and private companies to not lay off employees or implement pay cuts during lockdown.

In the Centre for Monitoring Indian Economy (CMIE) report published on April 19, it was noted that "several companies across the country have started to terminate its employees without any reasonable cause and have started withholding their salaries. It is submitted that in such testing times, the rights of the employees ought to be protected by necessary orders/directions to the companies through the Respondents to effectively implement the lockdown and to contain the spread of the virus", said the plea.

On March 29, the Centre issued an order directing all states and Union Territories to issue orders, requiring all the employers in the industrial sector and shops and commercial establishments to pay wages on the due date without any deduction during their closure due to the lockdown.

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News Network
March 12,2020

New Delhi, Mar 12: TMC MP Saugata Roy said Home Minister Amit Shah should resign for "failing" to control the riots in Delhi and demanded a judicial inquiry by a sitting Supreme Court judge.

Participating in a discussion on the violence in Delhi in Lok Sabha, Roy said the Delhi riots happened 72 years after Mahatma Gandhi was killed by a Hindu fanatic.

"Gandhiji has been murdered again in Delhi by, you know who," Roy said while addressing the Chair.

Taking on BJP MP Meenakshi Lekhi for defending BJP leaders for their controversial remarks, which he claimed instigated the violence, Roy said he has seldom heard such a communal speech ever.

Dubbing the BJP MP as "Devil's Advocate", Roy said, "She spent five minutes defending the most hated man. May I quote (William) Shakespeare and call her the Devil's Advocate?...She is the best Devil's Advocate possible. She has also been an advocate for the Delhi Police which has shown total inaction and ineptness in this whole riot in Delhi."

Thereafter Roy trained his gun at Shah, who was present in the house while the TMC MP was speaking.

He said that when the riots started on February 24, Home Minister Shah was sitting in the front row at Motera Stadium (in Gujarat) welcoming US President Donald Trump.

"When Mr. Shah should have been in Delhi Police control room, he was welcoming Mr. Trump at Motera. There was no order to the police. Then on 25th, things went out of control. Armed mobs fought with each other on the streets of Delhi," Roy said.

Demanding resignation of Shah, Roy raised questions on NSA Ajit Doval's visit to the riots-affected areas on February 26 and asked what was the Home Minister doing.

"Is it NSA's business to control ordinary law and order situation? Why was the Home Minister absent in action? There is no explanation for the same," he said.

The TMC leader said he feels bad standing face-to-face with Shah.

"He is still young, he has a good future. He should acknowledge responsibility for his failure to control or stop Delhi riots and bring peace in three days. In the name of God, go and do not stay in the Home Minister's position," Roy said, adding he is the man who could not prevent riots in Delhi, at a place 10 kilometres away from the Home Ministry.

Roy demanded a judicial inquiry into the riots by a sitting Supreme Court judge and complete rehabilitation for all the riot victims.

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