AmiCode, e-Newsletter of Law, aims at provide a platform to law students and legal professionals to express their views. Through this bimonthly e-Newsletter, we shall be sharing the best of expert advice for a successful career in Law. Each aspect, which relates to law, shall be discussed in AmiCode. The motive is to assist each learner in establishing a strong foundation of law.

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AmiCode
AmiCode/Jan2019/Volume#1/Issue#9 Amity Law School, Noida

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Student Reporters:
Ms. Mehr Bajaj
Ms. Muskan Ahlawat
Ms. Tanishka Roy
Ms. Shriya Tripathi
Mr. Rushil Pathania
Student Photographer:
Mr. Jaskaran Singh Bhandari
(Shutterbugs ALSN)
Dr. D.K. Bandyopadhyay
Chief Adviser (FPO, Amity Group)
Chairman-Amity Law Schools
Amity University
Uttar Pradesh
Prof. (Dr.) S. S. Singh
Dean Faculty of Law
Advisor ALS,AJA,ALF,AUUP
CHIEF PATRON
Dr. Ashok K. Chauhan
Founder President
Amity University
PATRON
Dr. Atul Chauhan
Chancellor
Amity University
Co-PATRONS
Prof. (Dr.) Balvinder Shukla
Vice Chancellor
Amity University
Uttar Pradesh
Editor-in-Chief
Prof. (Dr.) Aditya Tomer
Additional Director
Amity Law School, Noida
Amity University Uttar Pradesh
Editor
Dr. Lekha Rani Singh
Assistant Professor
Amity Law School, Noida
Amity University Uttar Pradesh
Student Editorial Team:
Ms. Akansha Srivastava
Mr. Khajit Thukral
Ms. Mansi Dhaka
Ms. Avni Agarwal
Student Technical Support:
Mr. Dhananjai Singh Rana
Articles/Views/Poems/Interviews/Short Stories
Email id: lrsingh@amity.edu
Contact Address: I 3 Block, Second Floor,
Room No. 203

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AmiCode- E-Newsletter of law, aims to serve as a platform of expressions for the law
students and legal professionals. AmiCode aims to facilitate the students to use their knowl-
edge and writing skills in the field of law. Law plays a very significant role in our lives as it
serves as norm of conduct for the citizens of the society. It is must for a peaceful and problem
-free society. Our society would not be able to function efficiently without laws. It‟s very im-
portant to have a system of law in order to regulate a society. Law ensures that the human
rights are respected and it is essential to safeguard our future generations.
We at Amity University believe in the overall development of our students and provide
them quality platforms to nurture their talent. The vision of Hon‟ble Founder President is to
create ambassadors of learning and values and that is exactly we are aiming at through vari-
ous academic and associated activities.
Amity University aspires to make each law student a successful lawyer and enable them
to fulfill their dreams and to bring out the best in them. Each aspect related to law shall be
discussed in AmiCode. The purpose is to support each learner in establishing a strong foun-
dation of law. This bimonthly e-Newsletter, shall be sharing the best of expert advice for a
successful career in Law.
I congratulate Amity Law School Noida for initiating AmiCode e-Newsletter of Law,
which has the essence of Amity‟s foundation: Competence, Commitment and Self-
Motivation.
Best wishes and blessings to team AmiCode, faculty members, students, researchers, le-
gal professionals and career experts.
Prof. (Dr.) Balvinder Shukla
Vice Chancellor Amity University Uttar Pradesh
Professor - Entrepreneurship & Leadership
Message from the desk of the Vice Chancellor

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Chairman’s Note:
We at Amity University envision a bright future for our students in the field of law
by creating successful lawyers of all times. Following the vision of our dynamic Hon‟ble
Founder President, we nurture talent. Students as well as the Faculty Members need to en-
hance their reading and writing skills regularly. As a student of Law, each student is required
to learn the multi-dimensional skill sets.
Newsletter is the true face of any academic institution serving many purposes such as
capturing what we have been doing, monitoring the outcome of activities, showcasing the
creation and dissemination of knowledge etc.
I congratulate Amity Law School Noida and team AmiCode for coming up with this e-
Newsletter. I am sure that with the active participation of ALSN students and Faculty, Ami-
Code team will add new dimensions to learning.
Dr. D.K. Bandyopadhyay
Chief Adviser (FPO, Amity Group)
Chairman - Amity Law Schools
AmiCode, e-newsletter of Law, aims at inculcating the sense of analytical re-
search, exploration, brain storming, idea generation and carving out ways to put that
in the best possible way. The preliminary objective of our newsletter is to help stu-
dents to develop the art of preparing compact and precise drafts and to enhance their
skills. Unlike most of the written materials that are available in the form of humun-
gous tree, we aim at creating quality material. Here, the ideas are fresh and unique.
It gives a sense of responsibility, determination and learning to all those who are as-
sociated or wish to associate with the e-newsletter in future.
I wish team AmiCode success and hope they excel in their endeavors.
Prof. (Dr.) S. S. Singh
Dean Faculty of Law
Advisor ALS,AJA,ALF,AUUP
Message from the Dean:

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From the Editor-in Chief’s Desk:
Let us walk together towards exploring the law.
We at Amity University aim to make each law student a successful lawyer and
enable them to fulfill their dreams. We at AmiCode shall provide the students a
platform to bring out the best in them. We also aim to take AmiCode to the next
level of success and allow students to enhance and use their knowledge and writing
skills in the field of law. AmiCode will share the expert advices bimonthly and it‟s
one such initiative taken to shape the young law minds acumen.
In this age of information, AmiCode is initiated to establish a strong and shared
foundation of „Law.‟ “Amity Law” becomes AmiCode and this bimonthly e-
Newsletter is presenting itself as a platform of learning and sharing. Each issue of
AmiCode shall bring advice from career experts and will provide an opportunity to
the students to present their observations, writings, research and legal aid initia-
tives.
Prof. (Dr.) Aditya Tomer
Additional Director
Amity Law School, Noida
From the Editor’s Desk:
A good researcher can never be a bad lawyer.
AmiCode, Law e-Newsletter, aims at provide a platform to law
students and legal professionals to express their views. As an Amitian, I am sure
that all our students will join this mission of self-growth and self-enhancement in
the field of law. Through this bimonthly e-Newsletter, we shall be sharing the best
of expert advice for a successful career in Law. Each aspect, which relates to law,
shall be discussed in AmiCode. The motive is to assist each learner in establishing a
strong foundation of law.
We hope that AmiCode shall serve as a platform of expressions.
Dr. Lekha Rani Singh
Assistant Professor
Amity Law School, Noida

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One Day Training Programme in collaboration with the
National Human Rights Commission on
Human Rights: Perspectives, Challenges and Strategies
Amity Law School, Noida organizeda one day Training Programme in collaboration with the National Human Rights Commission on Human
Rights: Perspectives, Challenges and Strategies. The Guests of Honor were Mr. Bharat Chugh, Partner Designate, Luthra and Luthra Law Of-
fices, Mr. Sushant Sinha, Senior Anchor and Deputy Editor, India News, Mr. Amod K. Kanth, Eminent Social Activist, Founder, Prayas Juve-
nile Aid Centre Society and Former DGP (Goa).
The event started with the welcome address of Prof.(Dr.) Aditya Tomer, Additional Director, Amity Law School, Noida followed by the Prof. (Dr.)
S.S. Singh, Dean, Faculty of Law, Adviser, ALS, AJA, ALF, AUUP and Prof. (Dr.) Dilip Kumar Bandyopadhyay, Chairman, Amity Law Schools
and Chief Advisor Founder President Office and Prof.(Dr.) Balvinder Shukla, Hon’ble Vice-Chancellor, Amity University Uttar Pradesh.
The Inaugural concluded by the unveiling of the brochure of the event by all the esteemed guests. As a token of gratitude, all the eminent dignitaries were
presented mementos. The inaugural ceremony was followed by technical session 1.
The theme of Technical Session 2 was Introduction to the Protection of Human Rights Act, 1993 and Human Rights Institutions in India. The panelist of
technical session 2 were Dr. Ranjit Singh, Joint Secretary (P&A), National Human Rights Commission, and Hon’ble Mr. Justice (Retd.) Iqbal Ah-
med Ansari, Acting Chairperson, Punjab State Human Rights Commission.
The theme of Technical Session 3 was Rights of Women, Children and Other Vulnerable Groups and the theme of Technical Session 4 was The Way For-
ward. The panellist of technical session 3 and 4 were Mr. Sanjeev Sahay, Advocate, Supreme Court of India, Mr. Niraj Gera, An internationally
renowned photo journalist and also a social documentary photographer, Dr. Anjali Thapliyal Kaul, President and Founder, Pyare Foundation,
and Mr. Naved Khan (RJ Naved), Renowned Radio Jockey, Radio Mirchi 98.3 FM. The event concluded with the felicitation of the esteemed panel-
ists.
Mr. Amod K. Kanth, Eminent Social Activist,
Founder, Prayas Juvenile Aid Centre Society and Former DGP (Goa) addressing the gathering
Mr. Bharat Chugh, Partner Designate, Luthra and Luthra Law Offices
addressing the gathering
The Panelists
Felicitation of the Guest

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Inauguration of Amity Legal Aid Clinic
Legal Awareness and Literacy Committee of Amity Law School, Noida inaugurated the Amity Legal Aid Clinic under the aegis of Amity Univer-
sity Uttar Pradesh at Gate 2A of Amity University, Noida campus at Sector 125, Expressway, Noida on 10th
January 2019.
The inauguration of the Amity Legal Aid Clinic was done by Prof. (Dr.) D.K. Bandyopadhyay, Chief Adviser (FPO, Amity Group), Chairman,
Amity Law Schools. This historic moment was blessed with presence of Prof. (Dr.) S.S. Singh, Dean Faculty of Law, Advisor ALS, AJA, ALF, Amity
University Uttar Pradesh, Prof. (Dr.) Aditya Tomer, Additional Director, Amity Law School, Noida, Prof. (Dr.) Shefali Raizada, Additional Director,
Amity Law School, Noida, Faculty Conveners of Legal Awareness and Literacy Committee along with the Faculty Members and students of Amity Law
School, Noida.
The clinic has been opened with the aim to make legal aid accessible to all without bias. This initiative has begun with a vision to make a difference
in someone's life. The timings of Amity Legal Aid Clinic are from 01 PM to 05 PM from Monday to Friday.
Student Achievement
Amity Law School, Noida at Gate 2A of Amity University, Noida CampusProf. (Dr.) D.K. Bandyopadhyay, Chief Adviser (FPO, Amity
Group), Chairman, Amity Law Schools with Prof. (Dr.) S.S. Singh,
Dean Faculty of Law, Advisor ALS, AJA, ALF, AUUP
Ms. Arshya Singh, is pursuing BBA LLB (H) from Amity Law
School, Noida; she participated in 'Kala Utsav' organised by the
Lions Club of India on 23rd December 2018 at Delhi. Over 500 peo-
ple from all over India participated in the utsav. Ms. Arshya Singh
received the 'Nari Shakti Ratan' Award for performing and secur-
ing second position in the Kathak Competition along with a cash
prize of Rs. 10,000/-.
Ms. Arshya Singh on the Left side

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Legal Awareness and Literacy Committee Camp at Purv Madhyamik Vidyalaya, Harola (Gautam Budh Nagar)
The Legal Awareness and Literacy Committee of Amity Law School, Noida organised a camp on 22nd
January, 2019 at Purv Madhyamik Vidya-
laya, Harola (Gautam Budh Nagar) on the following issues: Right to Education, Cyber Crime, POCSO, Good Citizenship, Peer Pressure.
Ms. Sadiya Ali, President, Legal Awareness and Literacy Committee and Mr. Anshit Jain, Co-Convener, Legal Awareness and Literacy
Committee started the event by introducing the committee and by interacting with the students of the school. The first session was about Right to Educa-
tion conducted by Ms. Megha and Ms. Shipra who interacted with the students regarding education and its importance. They focused on the Right to Edu-
cation Act, 2010 started by our Government and made student aware of their rights. They informed students that children of age 6-14 should be provided
free and compulsory education and made them aware that there is no provision of interview to get admission in any Government School. They discussed on
the steps taken by our Government like Samagra Sikhsha Abhiyan in 2018 which is promotion sports under the name of Khelo India. There were several
aspects taken into focus like mid-day meal, technology, stationary and teachers.
Next session was on creating awareness on Cyber Crime prevailing around. This session was headed by Ms. Sunidhi and Ms. Rishika who started
the session by interacting with the students and asking them how they use smart phones and internet in their daily life. Students were made aware about the
fraud call they may receive from banks asking them for their personal information. They were also told not to get influence on social platform by any
stranger. They were made aware that they can file a complaint by producing digital and hard copy of the proof they contain. They can even track their com-
plaint on website provided and also can file complaint on online portal. The session was concluded by telling the students that internet and web world is a
boon and also a curse, so they need to be aware about the path they choose.
This was followed by session on POCSO being a sensitive topic which was well explained by Ms. Anushka and Ms. Saloni who also educated the
students about good touch and bad touch. They encouraged the students to interact with their parents and teacher if they experience any incident of bad
touch. They were told that as they grow up they require learning the art of saying NO and should always be ready for self help. They explained the student
that POCSO is a ray of hope and a fast method to gain justice. They were encouraged to complain in police station about such cases and were also told
about NGO‟s working in such directions like Kheel aur Arpan. They were also provided with a helpline number for filling any complain.
Ms. Manisha spoke on the topic of Good Citizenship and interacted with all the students by asking them how to be a good student. She encouraged
them to be honest for becoming a good citizen and explained them the fundamental duties which they should follow. She taught them to respect our Na-
tional Flag and our National Anthem. They were explained to keep the environment clean and not to ruin the properties around them. She also spoke about
Sedition Law to explain the children that there is punishment for those who does not obey the rules and works against the country. The students were en-
couraged to be like great reformers and work like them.
The concept of Peer Pressure was put forward by the Nukkad Natak team „Mrinal‟ and the students were explained how peer pressure can ruin the
life of young generation. They explained the students to be away from such pressure to lead a happy and fruitful life.
Ms. Sadiya Ali in the end interacted with the students of the school and encouraged them to incorporate everything in their life that they have learnt
from the sessions. Then she invited Dr. Brundabun Mishra and Mrs. TN Sreedurga, Faculty Convener, Legal Awareness and Literacy Committee
and Mrs. Gargi Bhadoria, Faculty, Amity Law School, Noida to enlighten the students; they encouraged the students to be regular with their studies.
Then Chief Advisor of Legal Awareness and Literacy Committee, Mr. Piyush Karan Singh interacted with the school students. On the request of
the school Principal, the committee also provided the school a volley ball kit for promoting sports in the school. Students were also made aware of Legal
Awareness and Literacy Clinic formed by the Amity Law School, Noida where they can seek help and get their queries solved. The camp concluded
with the feedback process wherein suggestions were given by the school teachers and students.
Mr. Anshit Jain interacting with the school students
Ms. Manisha addressing the school students
Legal Awareness and Literacy Committee presenting the volley ball kit The school students at Harola

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Legal Awareness and Literacy Committee Camp at Saraswati Vidya Mandir Schools and Play Groups, Challera
Amity Law School, Noida organised a “Legal Awareness and Literacy Camp” at Saraswati Vidya Mandir Schools and Play Groups, Challera on 31st
January, 2019 on the following issues: Waste Management, Natural Calamities and its preventive measures, POCSO, Aadhar Card, Peer Pressure, Khelo
India and Swach Bharat.
The first session was about Waste Management by Ms. Rishbha and Mr. Deepak. They talked about what is waste management, advantages of
waste management, disadvantages of not maintaining waste and cleanliness and the types of waste. They also told the consequences of not maintaining
cleanliness around them and how to reduce waste in the environment by giving some tips to use in daily life. The session was concluded by speaking about
the clean India and Swach Bharat campaign which is initiated by the government of India.
Next session was about Aadhar Card. This session was headed by Ms. Vanshika who started the session by interacting with the students and ask-
ing them whether everyone has Aadhar Card or not. Students were made told about what is Aadhar card and its uses. The speaker also spoke about the ad-
vantages of having an Aadhar Card. The students were also made aware of the steps involved to make Aadhar Card. The session concluded with question-
answer round.
This was followed by session on POCSO which was headed by Ms. Anushka who told the students about good touch and bad touch. She encour-
aged the students to interact with their parents and teacher if they experience any incident of bad touch. They were told that as they grow up they require
learning the art of saying NO and should always be ready for self help. They were also informed about the POCSO helpline which can be used in case help
is need
The concept of Peer Pressure was put forward by the Nukkad Natak team ‘Mrinal’ and they explained peer pressure can ruin the life of young
generation. They explained the students to be away from such pressure to lead a happy and fruitful life.
This was followed by a session of Khelo India. Ms. Deeptika and Ms. Aayushi spoke about this topic. They told about Khelo India and how it
works. They also informed the students of how they can enrol in the program. The session was concluded by an interactive session with the students.
The next session was about Natural Calamities and its preventive measures. Mr. Harpreet and Mr. Jatin spoke about the meaning of natural
calamities and disaster. They also talked about earthquake. The session ended by making the students aware of the preventive measures and how to protect
themselves during earthquake.
The concept of Swach Bharat was put up by Nukkad Natak team „Mrinal‟ and they explained the true meaning of swach bharat , it‟s importance
and some of the ways of keeping the surrounding clean.
Ms. Sadiya Ali, President, Legal Awareness and Literacy Committee, in the end interacted with the students of the school and encouraged them
to incorporate the learning‟s from the sessions in their life. Then she invited Dr. Brundabun Mishra and Ms. TN Sreedurga, Faculty Convener, Legal
Awareness and Literacy Committee, they encouraged the students to keep their environment clean. Students were also made aware of Legal Awareness
and Literacy Clinic formed by the Amity Law School, Noida where they can seek help and get their queries solved. In the end the Managing Director of the
school addressed the gathering and spoke about peer pressure and how it affects a person‟s life and how it can change his/her life. The camp concluded with
the Feedback process wherein the school teachers and students gave their suggestions.
Ms. Sadiya Ali addressing the gathering
Team ‘Mrinal’ doing Nukkad Natak

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Philip C. Jessup International Law Moot Court Competition, 2019
Marking the culmination of a 4-day long Philip C. Jessup International Law Moot Court Competition, 2019, Amity Law School organized the Valedic-
tory Function at Amity University, Noida wherein NALSAR Hyderabad Team lifted the Winner‟s Trophy.
The competition witnessed the participation of more than 100 students from 31 Law universities/ colleges and institutions across nation including Sym-
biosis Law School, Pune; National Law University, Jodhpur; Rajiv Gandhi National University of Law and National Law University, Delhi amongst others.
The Indian National Qualifying Rounds are the exclusive means by which Indian law students qualify for the competition. This year, 36 teams from across
India competed, and one amongst the four finalist i.e. NALSAR Hyderabad now will travel to Washington DC, to represent India.
Nearly 100 judges – law professors, practitioners, scholars, and Jessup alumni – judged the students in two days of Preliminary and Quarter - Final
Rounds, culminating in Sunday‟s Semi - Final and Final Rounds. The champion round was judged by the sitting judges of the Supreme Court and the High
Court and other international delegates.
The International Law Students Association (ILSA) is a non-profit association of students and lawyers who are dedicated to the promotion of interna-
tional law. ILSA provides students with an opportunity to study, research, and network in the international legal arena. The organization's activities include
academic conferences, publications, the global coordination of student organizations, and the administration of the Philip C. Jessup International Law Moot
Court Competition. It is a matter of high prestige for Amity Law School, Noida to host this world‟s largest moot in the campus.
Speaking on the occasion, Dr. Ashok K Chauhan, Founder President, Amity Education Group, praised the distinguished scholars and budding
lawyers who have participated in this competition and remarked that “Time is moving so fast, we cannot lose a single minute and these budding lawyers will
show to the world how India has progressed in legal area”. Amity teaches beyond classrooms and tries to inculcate practical knowledge by listening to honour-
able judges and reading their judgements. “We Indians have the best legal acumen because we have instincts and intuition. There is no comparison of Indian
legal brains. More than 8000 students are pursuing 5 years LLB programs, he added.
Ms. Sarah Greenbaum, Third Secretary (Political), Australian High Commission stated that the fact that so many budding law students are here
and will make to National is very encouraging. These debaters are hard working and have done a good job by taking the best references. Jessup provides stu-
dents an opportunity to learn nuances of International Law, can think critically, analyze with critical arguments, come to conclusions and horn their skills in
legal education.
Addressing the students, Justice S.K Kaul, Hon’ble Judge, Supreme Court said, “I compliment students for choosing such a noble profession. Stu-
dents should have the ability to think on their feet and be very precise in whatever they say.” We need well trained and skilled lawyers to do the job. This pro-
fession provides an opportunity to represent people in a systematic manner, wherein the litigating lawyer remains a surgeon of the legal field. He advised the
students that it is important in litigation that lawyers have to be precise, both in presentation and argument and remarked that the charm of the court is always
there for lawyers.
Justice R.K Gauba, Hon’ble Judge, Delhi High Court exclaimed, “I‟m impressed by Amity‟s infrastructure and the keenness of the students for par-
ticipating this prestigious Moot Court and have done thorough research in their arguing the case and presented with great confidence.” India has done exceed-
ingly well in rounds of competition earlier and wants the trophy to be brought again to where it belongs.
Justice Pratibha M. Singh, Judge, Delhi High Court and Justice R.S. Endlaw, Judge, Delhi High Court motivated students to become better and
skilled lawyers in their profession since they have a huge responsibility on their shoulders.
Ms. Bhavna Batra, Deputy Administrator, and Convener, Indian National Rounds, Philip C. Jessup International Law Moot Court Competi-
tion, 2019 said “It is a matter of infinite contentment and glorification that Amity Law School, Noida is hosting with pride with most awaited illustrious and
intellectual Indian Qualifying rounds of Philip C. Jessup International Law Moot Court Competition, 2019. We are honored to provide a platform to the par-
ticipating students to have a phenomenal experience of arguing amidst an eminent panel of leading practitioners and industry experts and en route a deeper
understanding of the law”. She shared her appreciation to the participating teams for their perseverance and commitment and encouraged them to follow the
principles of veracity, morality, hard work and humility in the legal profession. She also augmented deep sense of gratefulness to her fellow colleagues and
student fraternity. On this occasion, a Journal namely Amity International Journal of Legal and Multidisciplinary Studies and an Amity Souvenir by Amity
Law School, Noida were also released.
Hon’ble Justice S.K.Kaul addressing the gathering
Winning Team NALSAR Hyderabad
Hon’ble Justice S.K.Kaul felicitated by Dr. Ashok K Chauhan

11. 11
Mr. Shouray Khatri
Student: BBA LLB (H)
Amity Law School, Noida
Amity University Uttar Pradesh
Façade
Destroy the facade,
That you have forged,
To be numb,
Stop this fraud,
Or it may be,
Exactly what you become.
Destroy those glasses,
That you use as a crutch,
Because when it breaks,
For who you used to be,
You will search,
And further lose yourself in veils.
Destroy the act that you put up,
Of dimmed fires that barely light your soul,
Stand a little straighter,
A little brighter,
Shine without dimming yourself,
You may thank yourself later.
Dreams of Poverty
I like to sleep,
In my sleep, my children don't weep
For food, clothes or toys,
My girls are safe from boys,
My wife and I go to those posh places to eat,
I come home in a suit & I bring treats
For my children,
In my dreams we don't live near a bin,
We have our own house,
Where there are no mice,
In my dreams, I have a car,
My children don't have to travel far
For school & they get trips to all those places
Which they show in movies & they meet all those famous faces,
In my dreams, we eat any and all kinds of food,
And we change phones and clothes according to trends or our moods,
And that's why I like to sleep,
Not because I'm lazy to make it all happen in reality,
But because in my dreams, the world is a little nicer to me,
Because the harder I work, the more I earn,
Because in my dreams, my children's future doesn't burn
Just because they were born to me,
I dream because in my dreams people can actually hear and see,
They talk about whatever is happening,
Humans are human beings,
And that's why I dream,
Because there, I tear up the seams
Of reality and break free,
It seems sweeter, I mean, I maybe poor, but that's my only currency,
So, I dream.
Ms. Samridhi Neelam Nain
Student: BA (H) Philosophy
Ramanujan College
University of Delhi

12. 12
Capital Punishment in the Indian Context
Capital Punishment in India is the highest punishment sentenced to a person in the rarest of the rare matters, especially in heinous crimes. As Indian
Judicial System follows the deterrent and preventive form of punishment so this punishment is also a part of the same. According to reports from the year
1995, total five times death sentence was executed. The most recent execution was in the year 2015. This form of punishment is also passively prescribed in
the Constitution of India, part iii, under Article-21that ensures Right to Life as a fundamental right to the citizens but also having an exception to the proce-
dure established according to the law. The constitution of India also gives the power pardon to the President in case of the verdict of Apex Court and gives
the same power to the governor in capital cases of the District or Regional Council.
If we sail back into the history of this punishment, it was adopted from the law of British Government seen in Colonial India, where the offenders
were sentenced to death according to the form of punishment prescribed in the Indian Penal Code (IPC), 1860. There were different instances where capital
punishment was seen in the history of India. Post Independence the first death sentence was executed to Nathuram Godse and Narayan Apte on November
15th
, 1949 in Mahatma Gandhi assassination case. According to the Criminal Procedure Code (CrPC), the method of execution of capital punishment is
hanging till death, by the courts of law for civilians but on the other hand, according to Army Act, 1950 both hanging and shooting is a method of execution
of capital punishment.
Time to time the death sentence as a form of punishment has always been in debate. Some philosophers also relate this punishment as a violation of
human rights. In international reference to the punishment, as of the month June of the year 2004, total 118 countries in the world abolished death sentence
as a form of punishment in the world including the countries like Russia, Australia, Canada, Mexico, etc. A movement of more than 7 million people in the
name of Amnesty International is totally against the death sentence as a form of punishment and opposes the form of punishment without keeping any ex-
ception regardless of who is accused, the nature of the offence, the way of execution of the punishment, etc.
Time to time this form of punishment has often been kept before the courts of law to revise, in the form of cases and trails. The first case challenging
the constitutional validity of the capital punishment was Jagmohan Singh Vs State of Uttar Pradesh. The counsel for the petitioner raised mainly three
points on the grounds of which they appealed to invalidate Section 302 of the Indian Penal Code. The points were:
The execution of the punishment infringes the fundamental rights under Article 19(1)(a) to Article 19(1)(g) therefore this form of punishment is not rea-
sonable and is not of any public interest. The discretion of the judges to impose this punishment is not base on any law laid by the legislature to impose
this punishment in preference to life imprisonment. This form of punishment also infringes the Article 14 as two persons on the same facts and ground
are liable to get two different punishments as the first one may only get life imprisonment but the other may be sentenced to death. Lastly, this punish-
ment infringed the right to life.
In this case, the validity to the punishment was upheld Hon‟ble Supreme Court stating that the punishment was not unreasonable by itself and its
abolition was in any public interest due to which there was not any violation of the Article 19 of the constitution. In the case of Bachan Singh vs. State of
Punjab (1980), the constitutional bench of Supreme Court held that Death Penalty can be given in rarest of the rare cases. Apart from these two cases, time
to time this form of punishment is put in front to be considered upon but till now, the death penalty is a mode of punishment according to IPC. In the month
of December of 2007, in United Nations General Assembly, India voted against a resolution calling for a moratorium on the capital punishment. Again in
the month of November 2012, our country upheld its decision regarding death penalty by voting against the draft resolution in UN General Assembly seek-
ing approval to abolish the death penalty as a form of punishment globally.
According to a report submitted by Law Commission of India in the year 2015, it recommended the government to end the death penalty in all the
cases except waging war against nation or offences related to terrorism. Rest this issue will be considered and if necessary some bona fide decision will be
taken by the government as per the needs of the situation. With all the aspects, the death sentence is a form of punishment in India and is given in the rarest
of the rare cases.
Mr. Pratyush Jha
Student: BBA LLB (H)
Amity Law School, Noida
Amity University Uttar Pradesh

13. 13
Mr. Vaibhav Kumar Garg
Student : BA LLB (H)
Amity Law School Noida
Amity University Uttar Pradesh
Tandoor Murder Case
On July 2, 1995, when Sharma reached his home at Mandir Marg in the heart of the capital, he saw Sahni chatting on the phone. Seeing him, she put
down the phone. Sharma re-dialed the number to discover who was on the other side. His suspicion was affirmed when Karim addressed the telephone. En-
raged, Sharma professedly discharged three shots from his authorized gun at Sahni. One shot punctured her head, another hit her in the neck while the third
missed her and hit an aeration and cooling system. Sahni died on the spot. Sharma wrapped her body, took it to the eatery, hacked it into little pieces and at-
tempted to smoulder it in the tandoor. In that late night, Delhi police constable Abdul Nazir Kunju and Home Guard Chanderpal saw smoke exuding from
the Bagiya Restaurant in Ashok Yatri Nivas. They got suspicious and scaled the inn's limit divider to enter the premises. 'Something significant' was blazing
in a tandoor in the eatery. That 'something significant' ended up being the body of Naina Sahni (29), who was slaughtered by her better half and the then
Delhi Youth Congress president Sushil Sharma. Since the blazes were touching the eatery's roof, the two, keeping in mind the end goal to prevent it from
spreading, soaked the flame with water. Later, while in court, Kunju and Chanderpal expressed that the eatery director Keshav Kumar asserted 'he was blaz-
ing Congress flags'. That night, Sharma stayed with his Indian Administrative Service officer companion D K Rao at Gujarat Bhavan and left for Jaipur the
following day. With the police on his trail, he then went to Mumbai and later Chennai. Additional Commissioner of Police Maxwell Pereira travelled to
Chennai, yet Sharma fled to Bangalore, where he surrendered on July 10, 1995. As indicated by the 19-pages charge sheet put together by the police, Sharma
questioned Sahni's loyalty. He trusted, she was having an unsanctioned romance with her schoolmate and kindred Congress labourer Matloob Karim. This
suspicion prompted conjugal disunity and, the police claimed, abusive behaviour at home. Also, Sharma needed to keep his marriage with Sahni a mystery,
which he contradicted.
Trial: Holding that the homicide conferred by Sushil Sharma, previous Delhi Youth Congress (I) president, of his significant other, was the result of
the strained individual relationship and not an offense against society, the Supreme Court drove capital punishment recompensed to him to life imprisonment
for whatever is left of his life.
“The appellant has no criminal antecedents. He is not a confirmed criminal and no evidence is led by the State to indicate that he is likely to revert to
such crimes in the future. It is, therefore, not possible in the facts of the case to say there is no chance of the appellant being reformed and rehabilitated,” said
a Bench of Chief Justice P. Sathasivam and Justices Ranjana Desai and Ranjan Gogoi, which mostly permitted his allure.
As indicated by his statement, he brought on the passing of Naina Sahni, who was general secretary of the Delhi Youth Congress (I) Girls Wing, on the night
of July 2, 1995, and tossed the body into the tandoor of an eatery in the capital.
Composing the judgment, Justice Desai said: "Though it may not be strictly relevant, we may mention that the appellant is the only son of his par-
ents, who are old and infirm. As of today, he has spent more than 10 years in the death cell. Undoubtedly, the offence is brutal but brutality alone would not
justify the death sentence in this case. The above mitigating circumstances persuade us to commute the death sentence,"
The Bench said: “Considering the social status of the deceased, it would be difficult to come to the conclusion that the appellant was in a dominant position
qua her. The appellant was deeply in love with the deceased. The evidence on record shows that he suspected her fidelity and the murder was the result of
this possessiveness.”
The Bench held that the indictment had effectively demonstrated past sensible uncertainty that Sharma alone had conferred the homicide. It clarified
that lifelong incarceration "is for the entire of remaining existence of the appealing party subject to reduction allowed by the proper government under Sec-
tion 432 of the CrPC which, thusly, is liable to the procedural checks specified in the said procurement and further substantive checks in Section 433-A."
Appeal: The Delhi High Court in Dec. 2013 admitted an appeal filed by former Youth Congress leader Sushil Sharma challenging his conviction
and death sentence by the trial court in the Naina Sahni Tandoor murder case. A Division Bench of Justice Vijender Jain and Justice R C Jain also admitted
for hearing the reference sent by the trial court for confirming Sharma's death sentence. The Bench, which had asked Tihar Jail authorities to produce the
convict before it, Sushil Sharma endorsed advocate Jayant Sud's name to represent him in the case. Sharma was held guilty of murdering live-in partner Na-
ina Sahni and burning her body in an oven of a restaurant in the heart of the capital. Interestingly, at the time of sentencing, Sharma had ruled out going in
for appeal. Sud has sought to get the order of Additional Sessions Judge G P Thareja reversed on the ground that the trial court failed to appreciate the evi-
dence on record, which did not support the prosecution case. He also pointed out that "The Sessions court failed to appreciate that there was no evidence to
support the use of firearms in the murder. The case is based on circumstantial evidence but the link connecting the accused with the crime is missing at sev-
eral points". Justice Thareja had on awarded capital punishment to Sharma terming the case as the "rarest of rare" warranting imposition of the extreme pun-
ishment. "Sharma be hanged by the neck till dead", the Sessions court had said.
Media Coverage: In view of the gruesome nature of the incident and the involvement of a politician, hordes of media persons had turned up at
the Tis Hazari court. A group of around 50 protesters entered the court premises with a tandoor demanding death penalty for Sharma.
Parole: Sharma has been in jail for the most part of his sentence, getting parole for six weeks in May 2015 on the ground of his mother's ailment
and then again in July. He approached the Delhi High Court earlier with a plea for premature release, claiming that he had spent over 24 years in jail, includ-
ing four years in remissions earned over the period of imprisonment.
Arguing before the bench of Justice Siddharth Mridul, additional standing counsel for state advocate Sanjay Lao said that the plea for review of Sharma‟s
sentence had been considered by the Sentence Reviewing Board (SRB) and had been forwarded to the competent authority i.e., Delhi‟s Lieutenant Governor
for a decision.
In view of the fact that he has remained in jail for over 20 years and is the only son of his 81-year-old father and 78-year-old mother, he has an obli-
gation to provide medication to his ailing mother said the court. The parole granted to Sharma is resultantly extended for further four weeks from July 27
onwards on the same terms and conditions.
Sharma was present in the court, had sought the extension of parole by another six weeks on the ground that he needed to take care of his mother,
who was suffering from coronary artery disease and advised to undergo coronary angioplasty with stenting. The parole granted to him on May 7, later ex-
tended on June 8, June 21 and July 13, was scheduled to expire on July 27. The court, however, took strong objection to his repeated requests for extension
of parole saying, “There is a limit to what can be tolerated by the court”.
Status of Victims/Convicts Now: Sushil was convicted and awarded life term in 1995. He had stabbed his wife to death and then proceeded to
cut her body into pieces. He then disposed of the evidence by burning it in a tandoor. He was released in Sep. 2015 on unconditional parole after completing
his life term of 20 years and in Dec. 2018 after his plea in Delhi HC, the court asked the State Govt. why it refuse to release Sharma even though he has
served his sentence and ordered the Govt. to release him from Jail immediately.

14. 14
Interview with Young Entrepreneur
Ms. Avni Agarwal in a candid conversation with Ms. Bhawna Gandhi, Chairperson of the Indian National Bar Association - Student Section.
Bhawna Gandhi, from being the first-generation legal professional to becoming the first female Chairperson of country‟s largest voluntary bar asso-
ciation and mentoring law aspirants.
In this interview we spoke to her about her passion for law and future of INBA:
Q: What motivated you to start working with INBA and what difficulties were faced by you while working there?
The instinct of serving the society and at the same time having my own identity as a professional led me to pursue law as my career. My maternal
grandfather always aspired me to take up law and consequently, I joined Amity University, Noida to pursue law soon after my graduation. My intellec-
tual interest in legal researching landed me at Indian National Bar Association where I joined as a Student Researcher back in 2016. INBA undertakes
various research projects along with Ministries, Advocates, Hon‟ble Judges, Research Scholars, and Law-students to publish cutting edge academic
books, research papers and reports. I had the privilege of working with the Research & Development team on Sexual Harassment Laws in India. Since
then, I have branched out into various leadership roles as the Chairperson of Development & Programme Committee in 2017 and now, the Chairperson of
PAN-India Student‟s Section.
Q: What does it take to be a leader whom everyone listens to?
Leadership skills were instilled in me since childhood days as I hail from a noble educated family of professionals where I was taught to be in-
quisitive and set high goals. My skills were polished by my Alma Mater, Dyal Singh College, University of Delhi where I served as the Vice-President of
the Film & Photography Society and along with the team, directed various award-winning short films. I am a firm believer that powerful leadership is not
just about being a boss but rather being modest with a willingness to learn and having an overall growth mindset. In order to defy the odds and be a great
leader to whom everyone listens, one has to be a curator. An organization‟s biggest asset is a productive team and as soon as I assumed my work respon-
sibilities in INBA, I elected a team of dedicated office-bearers across the country and nurtured them to fulfill organizational goals. Another skill that
helped me was finding opportunities in everything I come across and get benefit out of it. Working at executive level in such a noteworthy organization
exposed me to a pool of prodigious opportunities for my team. I shared these opportunities with my team mates, made benefit out of these and collec-
tively lead the road of success for everyone.
Q: Tell me about an accomplishment that shaped your academic career so far?
Joining INBA has played a very influential role in my life. It has constantly challenged me and pushed me to strive for excellence in life. It has
also stretched my horizons and taught me lessons I could never learn in school or college. It has perhaps has shaped much of my academic career till
now. While working for Student‟s Section, I have been instrumental in launching the Sexual Harassment Survey, National Crime against Women Report
and „The Phenomenal She‟, an international coffee table book featuring 100 leading ladies launched by INBA and supported by UN. Currently, I am also
working on a handbook on women laws in India which would act as a ready reckoner for the victims titled, „Law & Her‟.
Q: How do you manage your studies along with chairing a huge organization like INBA Student Section?
If one is disciplined, it is not hard to set aside an hour everyday for studying. One should focus on prioritizing important tasks and master the skill
of multi-tasking to maintain academics-work-life balance. I was habitual to multi-tasking since my graduation days. Managing academics along with in-
ternships and chairing Student‟s Section was indeed challenging but my Professors were supportive. I was fortunate to be taught by the best faculty mem-
bers including Dr Vijender Singh, Mr. Ashwani Pant and Ms. Swati Kaushal who were my source of encouragement.
Q: How do you see INBA changing in two years, and how do you see yourself creating that change?
It has been a long journey for Indian National Bar Association. People at INBA believe in a culture of creativity coupled with discipline. As
Shelly Zalis says “A woman who wants to be a man is a waste of a woman. As female leaders it's our responsibility to create new rules and make
changes that other women will benefit from – that we wish we had ourselves”, I strongly believed that I could create a positive change in INBA and
therefore, as soon as I assumed my responsibilities, I mandatorily made 50% key positions in the Student‟s Section for female law students across the
country. It is pertinent to mention herein that 3 out of 4 Executive Council Members are diligent females; this undoubtedly is source of mental peace and
pride for me.
Q: What’s the best advice ever given to you and did you follow it?
One of the best advices ever given to me is by Ms. Meghna Mishra, Partner at Karanjawala and Co. who advised me that every aspiring lawyer
should practice at least for three years in Trial Court, be it criminal, civil or other practice area. She added that working on the original side and a compul-
sory reading of CPC/CrPC is crucial to sharpen the young litigant‟s mind. Therefore, I have started interning at Trial Court to gain the basic knowledge
of law and that indeed is helping me.
Q: Last but not the least what would be your message to our young readers who wish to stand out in the crowd?
My advice to the young readers would be do what they love and love what they do, that‟s the key to a fulfilling life. Never underestimate the
value of knowledge. It always wins sooner or later. Neither success nor failure in any sphere of life is the end of the world. Be persistent as it always pays
off. I wish all students a very best luck in their pursuits.

15. 15
Upcoming Events:
 13 Feb 2019 - Legal Awareness Camp
 14 - 15 Feb 2019 – International Conference on Comparative Constitutional Law Comparing and Contrasting the Con
- stitutional Models of India and Australia
 16 Feb 2019 - Career Expo
 27 - 28 Feb 2019 – Amity Mock Parliament 2019
 27 Feb 2019 - 1 March 2019 - Amity Youth Fest 2019
 Guest Lectures/ Seminars/ Workshops
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