Sweetheart Affair GVK-MIAL is flying high after landing a `16,000-crore contract from which other bidders mysteriously backed off, giving the infrastructure company a windfall deal at the expense of taxpayers

1. InvitationPrice
`50
NDIA EGALL STORIES THAT COUNT
May22, 2017 ` 100
www.indialegallive.com
I
Bachi Karkaria recalls
the case that shook India
Sweetheart Affair
NAVI MUMBAI AIRPORT
GVK-MIAL is flying high after landing a `16,000-crore contract from which
other bidders mysteriously backed off, giving the infrastructure company a
windfall deal at the expense of taxpayers
ArtistImpression
WhatsApp: Killing
the messenger?

3. am a strong believer in the theory of repor-
ters without borders. This is by no means a
judicially enforceable concept. But in today’s
world where a famine, a war, a banking cri-
sis, a transgression of rights and freedoms in
remote regions impact the entire globe, bound-
aries evanesce. Journalists, now with multiple
communications tools at their disposal, have
the onerous task of explaining complexities and
telling-it-like-it-is.
That’s always easier said than done. Dictators
either tell them what to write or ban them, im-
prison them or kill them. Why they persist in
their quest for the dissemination of truthful
information when they can lead comfortable lives
as hagiographers and yessirring the Maximum
Leader defies rational explanation—the answer
must lie somewhere in that ineffable watchama-
callit, sometimes known as the human spirit.
It has been rumoured to triumph over dark-
ness and despair. So what’s all this got to do with
reporters and borders? Well, lots. Let me go with
one example. My alma mater, the Columbia
School of Journalism (J-School), and particularly
my graduate Class of 1969. There’s a lot of us
alumni expats, many living under despicable
authoritarian regimes, still practising our craft
and drawing sustenance from America’s First
Amendment (freedom of expression), a
moral compass, an extension of America’s
soft power which often serves to influ-
ence the rule of law and judiciary in
foreign lands and serves as a rallying
point against oppression. We draw
courage from the likes of Joseph
Pulitzer, Ben Bradlee, Fred Friendly, Ed
Murrow, Jack Anderson (my personal guru),
Clark Mollenhoff, Sy Hersh, Lincoln Steffens,
Ida Tarbell, Upton Sinclair, Ray Stannard
Baker, Nellie Bly… they belong to the world.
We journalists claim them as our private
property—borders be damned.
When a Nixon or a Trump tramples upon and
desecrates the legacy such figures uphold, tyrants
across the world jump with joy. “Fake News”, “Alt
Truth” become their battle cry as they begin try-
ing to crush those trying to tell-it-like-it-is. And
when POTUS describes the press as “the enemies
of the American people”, the damage to world
freedom goes nuclear.
Until recently, J-School, the most prestigious
institution of its kind, which administers the
Pulitzer Prize, had remained silent on the issue
of Trump’s merciless assault on the Press. I sus-
pect that many of the School’s administrators
held the belief—as did several of my classmates
—that educational institutions or their deans
should not involve themselves in taking politi-
cally partisan positions, especially journalists.
The best way to answer Trump, they believed,
was to expose him through relentless reporting.
I
was among those who argued that this was
not a matter of taking political sides but
rather the need for the most influential sch-
ool, which has nurtured generations of journal-
ists and taught us to mould future ones to appre-
ciate the magnificent meaning of “we hold these
truths as self evident…,” to stand up and be coun-
ted as an institution that will lead from the front
in warding off the dangers of incipient tyranny.
Across state and national borders, in phone
calls, on email, we argued, cajoled, exhorted.
Most of us agreed to co-author a letter reques-
ting Dean Steve Coll to meet with a small delega-
tion of representatives of our class: “We, the
following members of the Class of 1969, respect-
fully request that you speak out as head of the
Graduate School of Journalism against the
efforts of President Trump to demean the press
and, in some cases, to question its patriotism….
“It is in keeping with Joseph Pulitzer’s warning
that ‘Our Republic and its press will rise or
fall together’.”
I
WHEN DEAN COLL SPOKE OUT
Inderjit Badhwar
Letter from the Editor
| INDIA LEGAL | May 22, 2017 3

4. Letter from the Editor
4 May 22, 2017
Negotiators from the Class of 1969—the
intrepid Carla Fine, Karen Rothmeyer, Amy
Stone, Susan Macovsky, all exceptional journal-
ists and writers—met with Coll. A couple of
weeks ago at an alumni luncheon, the Dean
of the Columbia Graduate School of Journalism
spoke out:
“This is a time of great energy and commit-
ment at our school, for reasons you can imagine.
It is a privilege to support our students and fac-
ulty and to contribute to journalism at a time
when our profession is under attack. And jour-
nalism is indeed under serious threat today, in
the United States and worldwide, in ways that I
have not witnessed in my lifetime.
“As some of you will recall, one feature of a
Columbia Journalism School education is learn-
ing how to be yelled at. As a reporter, if you are
doing your job properly, you can expect to be
called names. Even by the President of the Uni-
ted States. Of course, none of us should be dis-
mayed or cowed by such attacks. From day to
day, we know that our mission is to get right back
to doing our jobs, reporting hard and fairly on all
of those who exercise power in our government
and economy.
“Y
et when President Donald Trump
publically referred to journalists as
‘enemies of the people’ and then
repeatedly called them ‘dishonest’ or ‘dishonor-
able’ he crossed into new territory for an Ameri-
can President, at least in the postwar period.
“With such language, the President is evident-
ly seeking to delegitimize the place of an inde-
pendent, professional press in our constitutional
system, for the purpose of weakening it. We must
all recognize and resist this attack.
“This is not a matter of partisan or electoral
politics. It concerns specific threats to free speech
and journalism under the First Amendment.
This should galvanize all of us, whether we are
working at big news organizations or at small
opinion journals on the right or left.
“Some of you came to Columbia from coun-
tries where journalism has never been safe or
free. One reason a President’s words matter is
that they influence the behavior of dictators abr-
oad, with sometimes fatal consequences. Ame-
rica’s place in the world has long been informed
WhenPresident
DonaldTrump
publicallyreferred
tojournalistsas
“enemiesofthe
people”andthen
repeatedlycalled
them“dishonest”or
“dishonorable”he
crossedintonew
territoryforan
AmericanPresident.
SURPRISING STAND
Until recently, the
prestigious J-School had
remained silent on the
issue of Trump’s
merciless assault on
the Press
UNI

5. | INDIA LEGAL | May 22, 2017 5
by ideas—above all, the ideals of freedom and
due process enshrined in the Bill of Rights. Wh-
en our leaders seek to delegitimize those rights in
the United States, they inevitably encourage tho-
se who never honored or governed by them in
the first place.
“Last year, 259 journalists were imprisoned
worldwide, a record, and 48 reporters were
killed. In other fields of civil society, some 260
human rights defenders were killed around the
world. These are darkening times.
“Here at home, the more immediate threat
concerns the rights of journalists under the law.
It is important to remember that the libel laws
and court decisions under the First Amendment
that shaped the independence many of us have
enjoyed during our professional careers are rela-
tively recent achievements in American constitu-
tional history, really dating to the 1960s and
1970s, with the Supreme Court cases in Sullivan
v. The New York Times and the Pentagon Papers.
“F
ortunately, for now, it is not within the
direct power of any American Presi-
dent to rewrite libel laws, or to with-
draw the rights of journalists to protect confiden-
tial sources. These are mostly matters of state law
and Supreme Court jurisprudence. However,
there IS an area of Presidential power we should
be concerned about in the short run.
“During the Obama Administration, the Jus-
tice Department came close to criminalizing
journalism by seeming, in at least a few cases, to
describe reporters who obtain classified informa-
tion as co-conspirators in federal crimes, includ-
ing espionage.
“I fully expect this Justice Department to file
a case of this type against a journalist. It may be
brought against a relatively controversial group
such as Wikileaks or it may be brought against a
more traditional reporter. For the interests of
free journalism, it hardly matters who the defen-
dant is—bad law for one is bad law for all.
“This winter, we saw applications to our main
M.S. degree program rise by about 10 percent.
I’m sure many of you have had similar experi-
ences of resilience and a revived sense of mission
in the newsrooms where you work.
“These are all examples of how the recent
attacks on the press have actually strengthened
the press. Yet I believe we are entering a pro-
longed struggle. It will ask much more of us yet,
I’m afraid.
“When I see all of you here, when I hear you
speak about your work and your passion for jour-
nalism, I am greatly encouraged.
“I’m proud to stand with you, our faculty and
students in defense of a courageous, diverse,
independent, fearless press. We have work to do.”
Aye, aye sir! This is the triumph of the
watchamacallit.
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
SPIRIT OF FREEDOM
(L-R) Dean Steve Coll
who addressed the
alumni of his institute
recently; J-School
graduates are inspired
by the likes of Joseph
Pulitzer and the
legendary Jack
Anderson

6. Contents
Sweetheart Deal
GVK-MIAL is flying high after landing a Rs 16,000-cr contract from which other bidders
mysteriously backed off, giving the infrastructure conglomerate a windfall gain
14
LEAD
VOLUME. X ISSUE. 27
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6 May 22, 2017
Tables Turned
The CBI has given a clean chit to MP CM Shivraj Singh Chouhan in the Vyapam case and
now plans to prosecute senior Congressman Digvijaya Singh for making false allegations
20
STATES
The Final Frontier
Modi’s forward-looking policy vis-à-vis the North-east as a gateway to South-east Asia
would be fruitful if ASEAN countries are brought closer via infrastructure projects
22

7. REGULARS
Followuson
Facebook.com/indialegalmedia
Twitter:@indialegalmedia
Website:www.indialegallive.com
Contact:editor@indialegallive.com
Ringside............................8
Delhi Durbar......................9
Courts.............................10
National Briefs................12
International Briefs..........31
Media Watch ..................49
Satire ..............................50
Cover Design: ANTHONY LAWRENCE
Cover photo: ARTIST’S IMPRESSION
| INDIA LEGAL | May 22, 2017 7
Murky Affair
A petition in the apex court wants re-investigation into the death
of a jawan following a sting exposé of the Sahayak system
26
DEFENCE
What’s up on WhatsApp?
After a group admin was arrested for a member posting objection-
able content, the Delhi HC said he cannot be held liable
28
CRIME
French Toast!
The election of Emmanuel Macron as
president seems a triumph of hope over
hate, globalisation over nationalism and
open markets over closed economies
46
GLOBALTRENDS
The Trial that Shook India
An excerpt from Bachi Karkaria’s book on the Nanavati case, one that proved to
be the death knell for the jury system in India
40
BOOKS
Meaty Issues
The Allahabad High Court raps the state government on the
knuckles over the abattoir issue
32
PROBE
Legalise It, Don’t Criticise It
A recent PIL wants betting in sports to be regulated so that corrupt elements are
weeded out and the government can earn more revenue
38
SPORTS
Lost Resort?
Did Union textile minister Smriti Irani’s husband, Zubin, and the
hospitality firm he is associated with encroach on school land?
35
Cast Away Bigotry
In a heartening move, the Maharashtra government proposes
to come out with a new law to encourage inter-caste marriages
36
ACTS&BILLS
Out, Damned
Spot!
Manual scavenging is banned but
continues to be practiced openly.
Workers lack basic safety gear even
as allocation for their rehabilitation
has been cut drastically
43
HUMANRIGHTS

8. 8 May 22, 2017
“
RINGSIDE
We will create a blemish if we do not punish him
just because he is a judge. Contempt has no different
colours—for a common man or a judge. We cannot
differentiate that he is a judge in a contempt case.
—Seven-judge bench of Supreme Court ordering the
arrest of Justice Karnan for contempt of court
I’ll defend France,
its vital interests, its
image and its mes-
sage: I make that
commitment to you.
I’ll defend Europe,
the common destiny
the peoples of our
continent have
given themselves.
Our civilisation is at
stake, our way of
living, of being free,
of promoting our
values, our common
enterprises and our
hopes. I’ll work to
rebuild the link
between Europe
and the people it is
made up of,
between Europe
and citizens.
—Newly-elected
French president
Emmanuel Macron,
giving his
acceptance speech
Exasperating farrago of dis-
tortions, misrepresentations
and outright lies being
broadcast by an unprincipled
showman masquerading as a
journalist.
—Congress MP Shashi
Tharoor, reacting to the
reports in Republic Tv that his
wife Sunanda Pushkar’s body
had been moved, on Twitter
Irony. Politicians who want to
restore ‘Bharatiyata’ are deeply
invested in Christian concepts
such as Evangelising,
Crusades & Inquisition.
—Author Devdutt Pattanaik,
on Twitter
We can have dis-
agreements and
be angry with
each other, but I
have a firm belief
that Arvind
Kejriwal can
never take bribe
and even his
worst enemy will
not think that he
can be involved
corrupt practices.
—AAP leader
Kumar Vishwas
speaking to
mediapersons on
corruption charges
levelled against
Arvind Kejriwal
It is not as if I am
some dhobi or some
chaat-papdi-wali.
My ideology may
not match theirs but
they have not seen
my CV. They do not
know I have made
over 20 documen-
taries, a book on
Bollywood and am
working on another
on traditional art
performances.
Nothing will satisfy
them. Their prob-
lem is that I am not
a slave, a tenner
stamp.
—Madhu Kishwar,
on being appointed
to Jawaharlal Nehru
University’s
Academic Council to
represent the School
of Arts & Aesthetics,
in Scroll.in
All my life I
have heard these
terrible things
that didn’t hap-
pen, and here I
am 86 and all
kinds of good
things have
happened.
—Business mag-
nate Warren
Buffet, dispelling
fears regarding
living in a divid-
ed world, in The
Times of India

9. | INDIA LEGAL | May 22, 2017 9
Uttar Pradesh chief
minister Yogi Adityanath
is an unconventional
politician and this was
on full display during
his stay at UP Bhawan
in the capital during his
recent three-day visit.
Not only was his door
open to anyone who
wanted to meet him, it
also revealed a rustic
side to his character;
visitors were shocked
to find Yogi in the bath-
room washing his own
saffron outfits. He had
brought three changes
of clothes and was
washing the one he
had worn during the
day and another that
wasn’t quite clean. Staff
members came rushing
to his VIP room and
pleaded with him to
use the in-house facili-
ties. He reluctantly
agreed but it was clear-
ly a habit, and not
meant as a gimmick or
image booster.
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
It’s no surprise that bureaucrats would give an
arm and a leg to be posted to the PMO or, for that
matter, the nearby Office of the President in
Rashtrapati Bhavan. Not only does it look good on
the CV, it allows you access to the most powerful
people in the land. And then there’s the ultimate
perk; once the tenure is over, coveted postings
which are the envy of the service. For example,
Vinay Mohan Kwatra, joint secretary in the PMO,
will be taking over as India’s ambassador to
France. He is from the IFS batch of 1988. Two
bureaucrats from the President’s office are
also being rewarded before Pranab Mukherjee
steps down. Gaitri Kumar, the President’s
social secretary, will go as ambassador to
Brussels while Venu Rajamony (right), his
press secretary, will be posted as India’s
representative to The Hague.
An inside track on
happenings in Lutyen’s Delhi
Delhi
Durbar
YOGI WASHING UP
SPEED POST
The current buzz in Raisina Hill
is to do with the new name
doing the rounds as presiden-
tial candidate, Draupadi
Murmu. Considering the other
illustrious names being floated
earlier as successor to Pranab
Mukherjee, she is certainly a
surprise inclusion but it
appears that the Prime Minister
is quite keen to have a woman,
and a tribal at that. Murmu is
no novice; she is currently
Governor of Jharkhand and
has been in politics for two
decades and hails from Odisha
where she was minister in a
previous administration. If it
works, she will be the first tribal
to be President. The PM’s
choice will kill two birds with
one stone; apart from the
woman and tribal vote, the BJP
has a beady eye on Odisha
which it sees as ripe for a
change of government come
the next assembly election.
MADAME
PRESIDENT?
POWER POSTINGS
A record of sorts was set in
processing the decision to
take the Kulbhushan Jadhav
case to the International
Court of Justice. The decision
was taken by the Prime
Minister on May 5 when it
became clear that he could
be executed any day by the
Pakistan courts. From the
PMO, the file was sent to the
Law Ministry which decided
that the ICJ could be
approached. The file was
sent to the Ministry of
External Affairs which also
processed it within hours. In
another unusual move, a pri-
vate lawyer, Harish Salve,
who was in London, was
approached to handle the
case and his okay was
obtained. On May 8, the case
was filed in The Hague and
the stay on execution
obtained. The entire process
took 24 hours. Normally,
such a process would
have taken two months to
travel through the
bureaucratic maze.

10. The decision of the Jharkhand
High Court to strike down con-
spiracy charges against RJD chief
Lalu Prasad in fodder scam cases
other than Chaibasa was reversed
by the Supreme Court. Lalu was
already convicted and sentenced in
the Chaibasa case for conspiracy
and the High Court had ruled that he
could not be sentenced again for the
same offence in other cases.
It had invoked Article 20 (2) of
the constitution which says that a
person can’t be tried and punished
for the same offence twice.
However, the apex court felt oth-
erwise and observed that each case
in the fodder scam warranted a sep-
arate trial. It said in its order that
“though there is one general con-
spiracy, offences are distinct for
different periods”. It also ruled that
the trials must be completed within
nine months. The order means that
others facing conspiracy charges
with Lalu, including former chief
minister of Bihar Jagannath Mishra,
too will face trials afresh in fodder
scam cases.
The CBI had appealed against
the Jharkhand High Court’s judg-
ment. Lalu’s name had figured in all
the fodder scam cases, which took
place between 1990-97 when he
was the CM of Bihar.
Lalu faces trial in
all fodder cases
After giving enough opportunity to
Calcutta High Court judge, Justice
CS Karnan, to mend his ways, the
Supreme Court sent him to jail for six
months, holding him guilty of contempt
of court. And the seven-judge bench
headed by the Chief Justice of India, JS
Khehar, which was subjected to much
embarrassment and humiliation at his
hands, ordered that the Director General
of Police, West Bengal, must implement
the verdict with immediate effect. The
media was also instructed not to report
any of his comments or “verdicts”.
Karnan’s absence from the court on
the day of the verdict and his open
contempt for Supreme Court orders
were enough reasons for the Court to
arrive at the decision. He had, a day
earlier, ordered “rigorous imprison-
ment” and a fine for all the seven jud-
ges on the ground that they were guilty
as per the Scheduled Castes and the
Scheduled Tribes (Prevention of Atro-
cities) Act of 1989 and the amended
Act of 2015.
There was a plea from senior coun-
sel KK Venugopal, representing the
Madras High Court, to pass the sen-
tence after June 11, when Karnan wou-
ld retire. He said that sending a sitting
judge to jail would be a blot on the judi-
ciary. But the bench felt that the treat-
ment in a contempt case can’t be dif-
ferent just because he was a judge.
Aplea from a 35-year-old woman to
terminate her pregnancy was turned
down by the Supreme Court. The Court
based its conclusion on an AIIMS med-
ical board report (set up by the court)
which stated that abortion would be fa-
tal for the woman and the foetus. The
woman was raped in Patna and her
pregnancy found out much later in a
rehabilitation centre.
The case had come to the Supreme
Court after the Patna High Court refu-
sed her abortion. Even the state gov-
ernment had opposed her plea.
The woman’s request was based
on the ground that since she was HIV
positive, there was a possibility that the
virus could pass on to the foetus.
The Court asked the centre to
make proper arrangements for trans-
porting her comfortably to Indira
Gandhi Institute of medical Sciences,
Patna and ordered the state government
to give her medical facilities and pay `3
lakh as compensation under Section
357A of CrPC, within four weeks.
Courts
10 May 22, 2017
Justice Karnan
to be jailed
Request for
abortion
turned down

11. The Allahabad High Court made some important
observations on the practice of triple talaq ahead
of the issue coming up before a five-judge Supreme
Court bench. Dismissing a plea from a man to quash
a criminal complaint filed against him by his wife on
the ground that he used triple talaq to divorce her, the
High Court said that personal laws can’t take away
the rights enshrined in the constitution and triple talaq
violated fundamental rights (Articles 14 and 21) of
Muslim women.
Marriages can’t be annulled unilaterally by hus-
bands by adopting such a practice, the court noted.
The Court also took serious objection to “Nikah
Halala” prevalent in the Mus-
lim community. The practice
allows a woman to remarry
her ex-husband, only after
she had married someone
else, consummated the mar-
riage and was later divorced.
HighCourtsaystripletalaq
violatesfundamentalrights
Accepting a plea from an advocate and social acti-
vist Sunita Tiwari that the practice of female geni-
tal mutilation (FGM) be banned, the Supreme Court
sought a response from four ministries of the central
government. The Court observed that the issue raised
was sensitive yet significant and must be addressed.
The ministries—law and Justice, health and family
welfare, social justice and empowerment, and woman
and child development—as well as the states of
Maharashtra, Gujarat, Rajasthan and Delhi were asked
by the court to respond to the PIL.
The PIL contended that the practice was a gross
violation of child rights. It apprised the court that the
Dawoodi Bohra community practicing FGM was high-
ly educated but unfortunately the only one to indulge
in FGM. The ritual smacked of discrimination against
females, the PIL argued.
Taking note of the pending vac-
ancies of judges in the district
and subordinate courts, which
has led to huge piling up of cases,
and realising the need to set up a
uniform selection procedure for
selecting them, the Supreme
Court has taken some significant
decisions.
The appeal by the centre to
start a central selection mecha-
nism was taken up suo motu by
the court. It ruled that there will
now be a common test organised
by a central agency, on the lines of
NEET, which would prepare a merit
list and hand it over to states for
appointment. Those selected could
also decide which state to join.
But at the same time, it asked
states and UTs to come up with
suggestions, including implemen-
tation, by June 30.
The Court will issue a judicial
order on the single test by July 10.
Liquor baron Vijay Mallya was
directed by the Supreme Court
to present himself before it on July
10. The apex court ruled that he
was guilty of contempt for violating
its orders. It observed that Mallya
had concealed his total assets
from the Court and transferred $40
million to the foreign accounts of
his family members.
The Court is likely to decide the
quantum of punishment on that
day, if Mallya comes back. He is
currently residing in the UK after
failing to return bank loans with
interest that amounts to more than
`9,000 crore.
The extradi-
tion process
has already star-
ted and Mallya
was even appre-
hended by the
Scotland Yard in
London recently
on fraud charges
but released on
conditional bail.
The SBI-led group of 17 banks
which had given loans to Mallya
contended that Mallya had recei-
ved $40 million in February 2016
from British company Diageo
PLC but did not disclose it to the
court. On the contrary, he diverted
the money to his children’s acc-
ount. This was nothing but viola-
tion of judicial orders, the group
pleaded and argued that he could
have paid back a part of the loan
taken from banks.
The centre pleaded that a for-
mal order from the SC would be
a shot in the arm as far as brin-
ging Mallya back to India was
concerned.
| INDIA LEGAL | May 22, 2017 11
— Compiled by Prabir Biswas
PILtobanFGM
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
Single test for judges’ selection
Mallya told to
report on July 10

12. Briefs
The draft rules detailing passenger
behaviour that can put them on
India’s first “no-fly list” have been
framed by the DGCA. The list, to be
prepared in two months, will apply to
domestic carriers only. Aviation minis-
ter Ashok Gajapathi Raju, minister for
state Jayant Sinha and secretary RN
Choubey presented the draft rules near-
ly a month after Shiv Sena MP Ravi-
ndra Gaikwad infamously assaulted an
Air India staffer. “We have categorised
unruly passengers in three levels,” said
Choubey. Offences of the first level will
attract a three-month ban. These
include verbal harassment or physical
gestures. Those falling in the second
category will merit a six-month ban.
They include physical assault or sexual
harassment. A murderous assault falls
in the third category and will draw a
flying ban of two or more years.
Passengers may appeal against the ban
to an appellate committee that will be
set up by the aviation ministry.
The National Green Tribunal has
issued a notice to the Delhi govern-
ment, the ministry of environment and
forest and the Delhi Pollution Control
Committee after at least 450 girl stu-
dents of Rani Jhansi School and
Government Girls Senior Secondary
School were hospitalised after inhaling
toxic fumes from a gas leak at the
Tughlaqabad container depot in Delhi. A
bench headed by NGT chairperson
Swatanter Kumar also issued notice to
Container Corporation of India (CON-
COR). The green panel has appointed
advocate Sanjay Upadhyay as the amicus
curiae. Some lawyers informed the tribu-
nal about the hazardous gas spill after
which the NBT took suo motu notice of
it. According to police, chemicals in the
container were imported from China
and were to be sent to Panipat.
An Indian woman who was
forced to sign the nikahnama
at gunpoint in Pakistan has taken
refuge at the Indian High
Commission office in Islamabad.
She had told the court of the judicial
magistrate in Islamabad that she
had been sedated, assaulted, and
mentally and physically tortured in
Pakistan. She also mentioned that
until she is sent back to India she
will stay at the office. Uzma fell in
love with driver Tahir Ali while on a
trip to Malaysia and later went to
Pakistan via the Wagah border.
Judicial magistrate Haider Ali Shah
has summoned Tahir, the cleric who
solemnised the marriage and other
witnesses. Meanwhile, the high
commission has provided her with
consular and legal assistance.
Pakistan daily Dawn quoted
Pakistan’s foreign office spokesper-
son Nafees Zakaria saying that the
woman is “stranded”.
NGT issues notice to
Delhi govt on gas leak
The National Socialist Council of
Nagaland (I-M) has agreed upon
“co-existing together with shared sover-
eignty” after 37 years of armed struggle
followed by 20 years of negotiation.
“As of now, the Nagas have agreed to co-
exist together under shared sovereignty.
The ongoing Indo-Naga political talks
are progressing smoothly. The frame-
work agreement, which will ensure
peaceful coexistence between the Nagas
and India with shared sovereignty, will
surely usher in peace and a brighter
political era for the Nagas,” a spokesper-
son of NSCN (I-M) said. In August
2015, the NSCN (I-M) and the Centre
signed a “framework agreement” in the
presence of Prime Minister Narendra
Modi for a final settlement.
“Shared sovereignty”
between India, Nagaland
Draft“no-fly”
ruleslaiddown
12 May 22, 2017
Indian in Pakistan
wants to return
The BJP-led government in
Assam is set to disband the
State Madrassa Education Board
and the Sanskrit board, state edu-
cation minister Himanta Biswa
Sarma has said. “We want to main-
stream the madrassas and Sanskrit
tols ' (educational institutions),”
Sarma said in the assembly. The
announcement comes five months
after Sarma asked madrassas to
remain open on Fridays and shift
their weekly off-day to Sunday. He
stated that modern learning on
computers should be introduced
and in order to do that, structural
changes need to take place. Assam
had set up the Madrassa
Educational Board in 1934 compris-
ing nine schools. The board now
has 700 schools under it.
Madrassas Board to be
disbanded in Assam

13. | INDIA LEGAL | May 22, 2017 13
An Armed Forces Tribunal in Mumbai
has quashed a Navy order dismissing
one of its officers for alleged breach of
national security. In 2013, three officers
had been dismissed for purportedly leak-
ing national secrets. The first took the
Navy to the apex court and is now back
in service while the third left the country.
Lijo Chacko had been accused of leading
a “philandering lifestyle” and having an
extramarital affair. He had allegedly post-
ed “classified information“—a mid-year
refit review of 2011—online for a presen-
tation on a laptop bought by his wife, a
Russian, thus breaching security.
However, the tribunal held that the case
had been grossly overstated and set aside
his removal.
Navy officer breaching
security gets his job back
The central biotech regulator has
granted licence to the country’s first
genetically modified (GM) mustard
seeds. The Genetic Engineering Appraisal
Committee (GEAC) has sent an approval
to the environmental ministry for its final
clearance. Environment minister Anil
Dave may approve the recommendation
or wait for the Supreme Court’s judge-
ment on the cultivation of GM mustard
and other genetically modified crops.
Activist Aruna Rodriguez had earlier filed
a petition against genetically modified
crops. Various groups like the Swadewshi
Jagran Morcha are against the commer-
cial cultivation of GM crops. Till date GM
mustard is only the second food crop
after Bt Brinjal to be cleared by the
biotech regulator. However, Bt Brinjal
was not able to get the clearance of then
environment minister Jairam Ramesh.
GM Mustard moves closer
to final approval
PM Narendra Modi has, alongside CJI
JS Khehar, launched the Integrated
Case Management Information System
(ICMIS) to allow paperless filing of
appeals from July 3. It would allow a liti-
gant to digitally file a case and watch its
progress on real time. The court fee and
the process fee will also be calculated
online. The system would help in increas-
ing transparency and reducing manipula-
tion in trials. Justice Ajay Khanwilkar
will be the Supreme Court Computer
Committee chairman. “It will save tons of
paper used in filing of appeals and greatly
help the environment,” CJI Khehar stat-
ed. He also proposed the system be inte-
grated with all the 24 high courts and
subordinate courts.
Decks cleared for SC to go
paperless from July 3
India has officially tightened medical
visa rules for Pakistanis. Patients
from the neighbouring country will
now require a recommendation letter
from adviser to the Pakistani PM on
foreign affairs Sartaj Aziz to external
affairs minister Sushma Swaraj to travel
to India immediately and avail medical
services here. This was stated by exter-
nal affairs ministry spokesperson Gopal
Baglay on May 10. New Delhi has been
going slow on visa applications from
Islamabad ever since the sentencing of
former navy officer Kulbhushan Jadhav
by a military court. Baglay said the rec-
ommendation from Aziz was required
only to ascertain if the visa applications
in question were “genuine”.
Retired judge, Justice Mukul
Mudgal, is all set to head FIFA’s
governance committee. Justice Mudgal,
who is the former Chief Justice of the
Punjab and Haryana High Court, is cur-
rently deputy chairman of the panel.
Justice Mudgal’s elevation comes after
the serving chairman, Miguel Poiares
Maduro, was shifted to another com-
mittee. “These individuals have been
chosen because they are recognised,
high-profile experts in their respective
fields. Moreover, they better reflect the
geographic and gender diversity that
must be a part of an international
organisation like FIFA,” the FIFA state-
ment said. It’s for the first time that an
Indian has been appointed head of this
committee. Justice Mudgal had headed
the 2013 IPL spot-fixing probe.
Justice Mudgal to head
FIFA panel
—Compiled by Ratnadeep Choudhary
India tightens medical visa
rules for Pakistanis
Twitter: @indialegalmedia/ Website: www.indialegallive.com
Contact: editor@indialegallive.com

14. HEN GVK Power &
Infrastructure’s Mum-
bai International
Airport Ltd (MIAL)
was awarded the pres-
tigious `16,000-crore
contract to “design, build, finance, oper-
ate and transfer” (DBFOT) the Navi
Mumbai airport on February 13, 2017, it
was seen as yet another feather in its
Lead/ Navi Mumbai Airport
14 May 22, 2017
cap. But was it just that? Beyond the
celebration and hype reflected in the
company’s shares soaring 17 percent on
the stock market, the news spread some
uneasiness in civil aviation circles.
Though objections to the manner in
which the contract was finalised have
still not come out in the open, the entire
tendering process which helped GVK
outpace other bidders has nevertheless
SWEETHEART AFFAIR
GVK-MIALlandeda`16,000-crorecontractfromwhichotherbiddersmysteriouslybackedoff,
givingtheinfrastructureconglomerateawindfalldealattheexpenseofthetaxpayers
By Team India Legal
WRAW DEAL?
Eyebrows have been raised
at the manner in which GVK
bagged the Navi Mumbai
Airport contract
Artist’s Impression

15. | INDIA LEGAL | May 22, 2017 15
raised several questions.
Key among them are the following:
Was the tendering process cleverly
designed to ensure that there would
only be one winner—GVK, the Hydera-
bad-based conglomerate and its com-
pany, MIAL?
Did the City and Industrial Develop-
ment Corporation (CIDCO), the nodal
agency appointed by the Maharashtra
government in July 2008 to execute the
private-public partnership (PPP), allow
itself to be shortchanged when it accept-
ed the 12.6 percent share of annual rev-
enue offered by GVK?
There are many in the aviation sector
who believe that CIDCO did land itself a
raw deal. Their reasoning is that rev-
enue-sharing for other major airport
contracts involving private players was
far higher than what was offered to
CIDCO for the Navi Mumbai project.
The facts say it all:
In the case of Delhi International
Airport, the GMR-led consortium sha-
res 45.99 percent of its revenue with the
nodal agency, Airports Authority of
India (AAI)
The GVK-run MIAL parts with 38.7
percent of its annual revenue at the
Mumbai international airport
In the bid for Goa’s second airport
last year, GMR won the tender with a
36.99 percent revenue share offer
LARGEST GREENFIELD AIRPORT
Though the Navi Mumbai airport has to
be built from scratch, it is projected to
be a major air terminus. When it comes
up, it will be one of the largest “Green-
field” (built on undeveloped land) air-
ports in the world with an eventual
capacity to handle 60 million passengers
annually. Delhi, according to official fig-
ures, currently handles about 57 million
passengers and Bombay approximately
45 million. So, in sheer size and scale
the new airport compares well with the
other two leaders in the country and yet
the revenue sharing settled by CIDCO
seems remarkably low. Was GVK-MIAL
willfully or unwittingly handed a sweet-
heart deal?
According to a source in AAI, what-
ever the explanations and justifications
offered, CIDCO should have got at least
about 26-30 percent of the revenue
share. Says the source: “CIDCO will, of
course, say that it had hired consultants
for the tendering process, it will say that
it went through the entire process with
due diligence. It will also tell you that all
other bidders pulled out. But, all things
said, there is no denying that CIDCO
has been shortchanged.”
According to him, when the new air-
port becomes operational, it would gen-
erate revenues running into thousands
of crore a year for the private partner.
That is when the reduced earnings for
CIDCO from the poor revenue-sharing
arrangement will become apparent. “A
continuous low earning year after year
will finally add up to a humongous sum.
That’s when audit organisations like the
Comptroller and Auditor General of
India (CAG) will raise objections and
question the deal,” the source added.
CAG REPORT
Existing PPP airports at both Delhi and
Mumbai have already come in for sharp
criticism from the CAG. In its report
tabled in parliament in August 2016,
CAG found violations of the terms of
agreement signed in the privatisation of
Mumbai and Delhi airports. According
to the report, AAI incurred a financial
loss of `43 crore in 2015-16 due to
flawed agreements with joint venture
companies operating the two airports.
The GVK Group is the private opera-
tor at the Chhatrapati Shivaji Inter-
national Airport in Mumbai. Here is
what CAG had to say in its 2016 report
about AAI’s accounting: “Audit noticed
that AAI has not taken any concrete
steps for recovery of the revenue and
safeguarding its own interests even
when they had been highlighted by the
independent auditor. This led to short
receipt of `29.59 crore as revenue from
MIAL and consequent loss of interest of
`20.64 crore.”
Was such an oversight an error or a
deliberate act is debatable.
Two years before that, in 2014, the
NaviMumbai
Project
Navi
Mumbai
Airport
RAIGAD
DISTRICT
Alibag
Mumbai
Airport
Borivali
Panvel
Karjat
Kalyan
Bandra
Churchgate
Thane
Infographic: Amitava Sen

16. CAG report— “Implementation of
Public Private Partnership Project at
Chhatrapati Shivaji International Air-
port”—made this noting in its recom-
mendations: “Absence of review clause
and re-negotiations appears to virtually
allow MIAL the right to operate the air-
port for a period of 60 years with the
terms and conditions frozen in the
Operation, Management and Develop-
ment Agreement (OMDA). It is essen-
tial that a regular and well-documented
review of the performance of MIAL by
MoCA (Ministry of Civil Aviation) is in
place to safeguard the interests of the
Government and to get MIAL to deliver
committed outputs.”
For example, CAG found that delays
in the project which necessitated addi-
tional cash inputs from the private part-
ner were actually recovered as “develop-
ment fees” from passengers. To quote
the CAG report: “One of the goals of a
PPP arrangement is to effectively allo-
cate risks among the contracting par-
ties. Examination of audit reveals that
risks had not been appropriately trans-
16 May 22, 2017
T
ill privatisation of airports got
underway in 2006, the Airports
Authority of India (AAI) had
mono-poly over operating airports in
the country. But its grip has since been
loosened and been replaced by infra-
structure development conglomerates
-—GVK and GMR.
Between the two, they control air-
ports that service over 60 percent of
traffic. The GMR Group operates inter-
national airports in Delhi
and Hyderabad and has
bagged the contract for
Goa’s second airport.
The GKV Group runs
international airports in
Mumbai and Bangalore
and will be setting up
the Navi Mumbai
airport.
“If privatisation was to end the
monopoly of AAI, then it has merely
been replaced by the two groups. I
think when the bids were invited for
Navi Mumbai, the two groups which
already ran airports, should have been
barred. That would have opened up
the competition to other players. This
was a suggestion given to then avia-
tion minister Praful Patel (left), but it
was not considered,” an AAI official
told India Legal.
He says the government must re-
think on keeping only 24 percent of the
share. “The government should have
51 percent majority stake as it has
done in the power sector. This would
have ensured better compliance by the
private player and better oversight by
the government. Giving away 72-74
percent equity was not a good idea.”
Meanwhile, bids will be opened for
the privatisation of Ahmedabad and
Jaipur airports by the end of May.
Among the domestic players in the
fray are the GVK and GMR Groups.
Naturally.
Lead/ Navi Mumbai Airport
Worldofmonopolies

17. ferred to the concessionaire in the
development of CSI airport Mumbai.
Though the project cost more than dou-
bled, the concessionaire did not appear
to face financial vulnerability for the
same as the funding gap was largely
being absorbed by the passengers thr-
ough the levy of development fee (DF),
although such a fee was not in the
Operation, Management and Develop-
ment Agreement.”
Though there have been blemishes
in their track record vis-à-vis airports,
two infrastructure companies—GVK
and the Bangalore-based GMR—alle-
gedly have a favoured status when it
comes to bagging airport contracts.
Which is why the two have a virtual
monopoly over the private airport oper-
ation space in the country (See Box).
NAVI MUMBAI BID
So how did the Navi Mumbai Airport
bid finally swing GVK-MIAL’s way? One
will have to rewind to the beginning to
get a grip on what transpired. It was on
February 5, 2014, that CIDCO invited
global tenders for developing the new
airport. Nine bids were received with
Request for Qualification (RFQ) forms.
Four bidders were shortlisted, namely:
(a) Mia Infrastructure, a joint venture
between Tata Reality Infrastructure
and French company Vinci Concessions,
(b) GMR Group, (c) GKV Group-led
MIAL, and (d) Hiranandani Developers
and the Zurich Airport Consortium.
But by the middle of 2016, three
of the bidders—Tatas, GMR and
| INDIA LEGAL | May 22, 2017 17
LUCRATIVE PROJECTS:
(Clockwise from facing page)
Hyderabad International Airport
operated by GMR, Bangalore
International Airport run by GVK
and IGI International Airport in
Delhi managed by GMR
wikimedia
Rajeev Tyagi

18. the deadline was further ex-
tended to February 13. On the
last day of the deadline, GMR
finally threw its hat in the ring.
Sources in AAI told India
Legal that the company was
allegedly persuaded to do so to
show that this was a competi-
tive bid. But the share of the
revenue that it offered CIDCO
was 10.44 percent which was
less than the 12.6 percent that
MIAL was offering. The Navi
Mumbai airport contract was
thus bagged by the latter.
Last year, GVK refrained from put-
ting in a financial bid for Goa airport
which helped GMR win the contract.
When asked by the media about
why the new airport had attracted a
lower revenue share than other airports,
CIDCO officials offered this explana-
tion: the revenue share component was
lower because the project risks were
that much higher for Navi Mumbai
as there was no airport infrastructure
in existence.
There was also no real estate devel-
opment opportunity at Navi Mumbai
compared to the other airports. CIDCO
made it clear that it will not lease sur-
plus land to the airport developer for
commercial exploitation. Land ear-
marked for non-aeronautical purposes
would instead be leased by CIDCO to
hotels, convention centres, etc. Bidders
had requested CIDCO to allow them
access to the surplus land but this was
categorically turned down.
But the big question is, whether
CIDCO could have attracted a better
revenue-share. Also, given the blatant
violations of the contract at PPP air-
ports in Delhi and Mumbai, what is the
guarantee that Navi Mumbai will also
not meet the same fate? CAG, the civil
aviation ministry, Maharashtra govern-
ment and CIDCO will have to keep a
close watch on this.
Lead/ Navi Mumbai Airport
Hiranandani—decided to suddenly pull
out. The official reasons cited and artic-
ulated in the media were: GMR said
that it was pulling out since one of the
contracts for pre-development work had
been awarded to a GVK joint venture
with GMR and so involved a conflict of
interest. The Tatas bailed out because
conditions in the contract were not fea-
sible and some of the families occupying
land designated for the airport had not
been evicted. The Hiranandani Group in
its note to CIDCO pointed out that its
partner, Zurich Airport, was not inter-
ested as project costs had escalated. It
had also scaled down its equity partici-
pation from 26 percent to 10 percent for
which CIDCO had not given its appro-
val. This left the GVK Group’s MIAL as
the sole bidder.
SUDDEN PULLOUT
Other than the official reasons cited,
sources in the civil aviation ministry told
India Legal that there was another key
factor that prompted the sudden pullout
by the bidders. The bid contract had
inbuilt in it a “first right to refusal”
clause which rested with the GVK Gro-
up. This meant that even if another bid-
der quoted up to 10 percent higher,
GVK had the right to match the bid and
bag the contract. “With such a clause,
the others would have thought it futile
to be in the race. It would virtually be a
lost cause where the winner has been
virtually decided,” says the official.
With only a single bidder left, CID-
CO could have awarded the contract to
the GVK-MIAL. But it is reliably learnt
that there was unease in the top eche-
lons of the Maharashtra government
that awarding the contract with only
one bidder in the reckoning would
attract criticism and invite the charge of
favouritism. So, in a surprise move,
CIDCO extended the deadline for sub-
mission of bids from January 9, 2017 to
January 25.
When no new bidder came forward,
18 May 22, 2017
T
he idea of setting up a second air-
port to ease congestion in Mumbai
was first mooted in 1997. A Minis-
try of Civil Aviation (MoCA) committee
was constituted which examined several
sites. CIDCO had identified land and
submitted its own proposal which was
considered suitable. CIDCO was asked
to submit a techno-economic feasibility
report. It submitted the study and a
business plan to MoCA in February
2007, which was approved by the Uni-
on cabinet five months later.
The Maharashtra government app-
roved the project in 2008 and CIDCO
was appointed the nodal agency for the
PPP project. The airport received a
Ministry of Defence clearance in 2010.
But there were several objections from
environmental groups over the destruc-
tion of mangroves in the Panvel region
where the airport will come up. The
Ministry of Environment and Forests
finally cleared the project in Novem-
ber 2010.
The new airport covers an area of
2,320 hectares, for which land was
acquired by the Maharashtra govern-
ment from five villages in the Raigad-
Panvel belt. CIDCO invited global ten-
ders for the airport project on February
4, 2014. The contract was awarded to
GVK-MIAL on February 13, 2017.
Slowtake-off
A history of the Navi Mumbai
airport project:
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com

20. States/ MP/Vyapam Scam
20 May 22, 2017
HE ongoing CBI probe
into Vyapam, the job-cum-
admission racket, has
taken an interesting turn
and zeroed in on senior
Congress leader Digvijaya
Singh and whistleblower Prashant
Pandey, while giving a clean chit to
Madhya Pradesh Chief Minister Shivraj
Singh Chouhan. The CBI told the
Supreme Court of its intention to take
action against both of them for “making
false allegations and creating false
documents”. The apex court is, however,
yet to take a call on the CBI affidavit in
this connection.
It was on July 9, 2015, that the
Supreme Court through an order in
Digvijaya Singh vs State of MP & others
transferred the investigation of criminal
cases related to Vyapam to the CBI,
including the murders of those allegedly
linked to the scam. A similar petition
was filed by Pandey.
UNSAVOURY DEALINGS
The petitioners alleged that an excel
sheet in the hard disk retrieved from the
computer of Vyapam chief system ana-
lyst Nitin Mahindra had the word “CM”
against the names of at least 40 illegal
appointees in the teacher recruitment
test. The petitioners alleged that the
MP police removed the references to the
CM and replaced them with that of
Uma Bharti and entries titled “Raj
Bhawan”. Mahindra used to maintain
diaries with the entries of candidates of
various admission and recruitment tests
against those who had recommended
their names.
The alleged tampering, according to
the petitioners, happened in Indore
soon after the lid on the scam was
blown off on July 13, 2013 with the
arrest of 12 impersonators who would
take the test the next day. Pandey
claimed that he had copied a mirror
image of the original excel sheet before
it was tampered with and produced it as
evidence. Pandey, a cyber expert, was
drafted by the police to help decode the
documents in the computers used in
Turning
the
TablesInasurprisingtwist,theCBItoldthe
SupremeCourtthatitwouldtakeactionagainst
CongressleaderDigvijayaSinghfor
makingfalseallegationsagainsttheCM
By Rakesh Dixit in Bhopal
T
Photos: UNI
CAUGHT ON THE
WRONG FOOT
Congress leader
Digvijaya Singh

21. | INDIA LEGAL | May 22, 2017 21
this scam. Based on his “evidence”,
Digvijaya Singh had in February 2015
claimed to be in possession of a pen
drive that purportedly contained an
exchange of messages between Chouhan
and some of the Vyapam accused.
However, the CBI informed the
Supreme Court on December 15 last
year that the hard disk and pen drive
which was sent to Central Forensic
Science Laboratory, Hyderabad, for
scrutiny suggested no tampering. In
response, the Supreme Court told it to
submit the sealed laboratory report
before the trial court and said it would
not monitor the scam further as investi-
gations in most of the 170 cases associ-
ated with the scam had been completed.
CBI AFFIDAVIT
On May 3 this year, the CBI in its affi-
davit through advocate R Balasubra-
manian reiterated before the Court that
“the allegations of tampering of the
seized hard disk were false and that
some of these persons making such alle-
gations were found to be indulging in
creation of false digital records in the
pen drive and on that basis, making
false complaints”. It said it would be tak-
ing steps against the culprits in accor-
dance with the law.
The CBI contention prompted three
MP ministers—Dr Narottam Mishra,
Bhupendra Singh and Vishwas Sarang—
to demand a criminal case against
Digvijaya Singh, Pandey and another
whistleblower, Dr Anand Rai, for mak-
ing false allegations against the chief
minister. They called on CBI DIG Tarun
Gaba, who is heading the probe, and
urged him to book the “culprits” under
Sections 120B, 182, 192, 195, 465 and
468 for criminal conspiracy, forgery, and
fabrication of false evidence. Digvijaya
Singh said he welcomed the demand for
his arrest but this would not deter him
from taking the fight against the
accused to its logical conclusion.
MP Congress spokesperson KK
Mishra termed the visit of the three
ministers at the CBI office in Bhopal
and their demand as a direct political
interference in the working of the pre-
mier investigation agency.
Dr Anand Rai has threatened to sue
the three for defaming him, saying the
affidavit submitted by the CBI before
the SC did not mention his name at all.
“I am not going to be perturbed by any
pressures and threats and will fight till
my last breath to ensure that all the
authors of the Vyapam scam finally end
up in jail one day,” Rai wrote on his
Facebook page.
Pandey, meanwhile, has threatened
the CBI and asked it to withdraw the
affidavit mentioning his name or else he
would move court against it. In a letter
to the CBI director, Pandey said the affi-
davit is a clear violation of the Supreme
Court direction that the veracity of the
CFSL report is a subject matter of the
CBI court.
Incidentally, in nearly two years, the
CBI has not made much headway in the
scam. It has failed to track down almost
half of the 2,000 suspects and investiga-
tions into nearly 50 of the total 150
cases have hit a dead-end.
It is a murky affair, no doubt.
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
FIERY PROTEST
Congress activists protesting against the
Vyapam scam at Jantar Mantar, New Delhi
TheCBIcontention
promptedthreeMPminis-
ters—DrNarottamMishra,
BhupendraSinghand
VishwasSarang—todemand
acriminalcaseagainst
CongressleaderDigvijaya
Singhandothersformaking
falseallegationsagainst
ChiefMinisterShivrajSingh
Chouhan(left).

22. States/ North-east
22 May 22, 2017
A Bridge
Too Far?
HE North-east has heard
this before. It’s a tantalis-
ing offer which has been
hanging in the air for over
30 years. Narendra Modi is
the fourth Indian prime
minister to talk of making the North-
east a “gateway to South Asia’’.
“My emphasis on North-east is bec-
ause a balanced development of the
region did not take place after so many
years of independence. Now, the central
government, for the last three years, is
making efforts to achieve balanced deve-
lopment of North-east through all its
resources…. These efforts will help to
make the North-east a gateway to South
East Asia,” said the prime Minister rec-
ently. He was referring to India’s “Act
East Policy”.
CROWD MANIPULATION
Amar Yumnam, professor in Manipur’s
central university, said: “We have heard
this many times before. Much of this is
just talk and more talk.’’ Asked if he felt
that Modi, who is known to get things
done quickly unlike other PMs, would
actually deliver, Yumnam said: “He has
been in the government for the last thr-
ee years. I find no change. The BJP is
good at crowd manipulation and mak-
ing a lot of noise about themselves.
Beyond that, I see little change.’’
Yumnam’s cynicism was echoed by
others too who said they would wait to
see the results. All governments make
tall promises but deliver nothing. Yum-
nam also believes that connectivity
makes little sense if China, the largest
economy in Asia and the second largest
in the world, is left out.
Like many other policies adopted by
the Modi government, the Look East
Policy, now rebranded as Act East, is a
throwback to the Congress. In fact, it
was Prime Minister Narasimha Rao
who initiated India’s Look East policy
PrimeMinisterModi’sforward-lookingpolicytowardsthis
regionwouldbefruitfulifASEANcountriesarebroughtcloser
viainfrastructureprojectsleadingtogreaterconnectivity
By Seema Guha
T
LOOKING EAST
File photograph of Prime Minister Narendra
Modi at the Hornbill Festival in Nagaland as
part of his North-east initiative
UNI

23. in 1992. At the heart of Rao’s policy shift
was an effort to develop India’s remote
North-eastern states. The conventional
wisdom was that militancy in the region
and the propensity of young men to
pick up the gun were because of a lack
of job opportunities. Once the infra-
structure was put in place—roads, rail-
ways, inland waterways—and connec-
tivity improved, development would
follow. Most businessmen stay away
from the North-east mainly because of
poor connectivity.
This region is much less accessible
than Kashmir. Development has been
miniscule. So the pragmatic Rao hit on
an idea which would fit into India’s stra-
tegic and development requirements.
He hoped to reassert India’s links with
the “Tiger economies’’ of East Asia, then
regarded as the fastest-growing econo-
mies of the world. He wanted the
North-east to open up to the thriving
ASEAN market through Myanmar.
WIN-WIN SITUATION
The policy made much sense because it
would be a win-win situation for both
India and Myanmar, considering that
the North-east is much closer geograph-
ically to East Asia than to the Indian
heartland. A narrow strip of land called
the Chicken Neck (also called the Sili-
guri corridor) connects the North-east
to the rest of India through West Bengal
and has Nepal and Bangladesh on either
side. Essential commodities to the entire
region are carried by train or trucks and
are exorbitant.
Projects like the Kaladan multi-mod-
el transit transport system to connect
the North-east to Myanmar’s Sittwe Port
were first launched by the NDA govern-
ment of Atal Bihari Vajpayee. Jaswant
Singh, the then external affairs minister,
signed the first MoU. The final leg will
have a road linking Lashio in Myanmar
via the Kaladan river in Mizoram.
| INDIA LEGAL | May 22, 2017 23
CULTURAL POTENTIAL
Artists performing Bihu dance at an event
in Guwahati. The region fears that the influx
of outsiders will dilute its culture
Chicken Neck
INDIA
BANGLADESH
Yangon Mac Sot
Moreh
Lashio
Sittwe
MYANMAR
THAILAND
Ports cities in Myanmar
Proposed road between
Manipur and Thailand via
Myanmar
IndiaandASEAN
BHUTANNEPAL
Manipur
Infographic: Rajender Kumar
UNI

24. The actual work began only in 2008,
after a survey was done. The terrain
here is quite difficult. It should have
been completed in 2014, but it remains
a work-in-progress. The Kaladan multi-
model transit system has been much
hyped by every government, but people
are waiting to see how this major net-
work will affect their lives.
The other major project between
ASEAN and India is the trilateral high-
way connecting India, Myanmar and
Thailand through the North-eastern
town of Moreh in Manipur. Parts of the
road have been completed and will be
operational by 2019. In the second
stage, it will also extend to Cambodia,
Vietnam and Laos.
There is, however, uneasiness in
many quarters about how much benefit
the local population can garner from
these linkages. Already in the North-
east, there is xenophobia over the influx
of outsiders to the region. States like
Mizoram and Nagaland have an inner
line permit system in place to protect
the ethnic population. People from other
parts of the country need to get permis-
sion before entering these two states.
There is a demand now in Meghalaya
and Manipur to extend the inner line to
their states too. Meghalaya has even said
no to a railway extension fearing that
trainloads of outsiders will come there.
The North-east presently has noth-
ing much to gain from opening up to
the larger economies of the ASEAN
group. Many have suggested that state
governments will have to have special
legislation to ensure that no industry
can be set up in the region without a
local partner.
ONE BELT ONE ROAD
Former home secretary GK Pillai, who
knows the region well, believes that the
North-east must gear itself to seize the
opportunities offered by the Act East
policy of the government. Delivering a
lecture in January this year in Guwa-
hati, Pillai said that India has to focus
on China, Myanmar and Bangladesh for
regional integration. However, India has
so far stubbornly refused to co-operate
with President Xi Jinping’s One Belt
One Road (OBOR) initiative.
Delhi’s objection is to do with the
fact that the China-Pakistan Economic
Corridor passes through PoK which
India claims as its own. China is holding
a mega event later this month to pro-
mote its OBOR initiative, where several
heads of states are expected to attend.
Delhi is likely to send a watered-down
delegation, signaling its decision not to
be part of the Chinese president’s pet
project. Perhaps not realising this, Pillai
had called for connectivity between Ass-
am and China’s Yunan province, both by
land and air. One suggestion which state
governments must consider is develop-
ing tourism in a big way. Hotels and
tourist and taxi operators can generate
employment to thousands of people and
need no great skill.
The BJP government of Assam is
enthusiastic about Modi’s promise of
massive infrastructure development
projects for the region. In fact, a brand
new government department devoted
solely to the Act East initiative has been
started. Analyst Ajit Bhuyan welcomed
the move. “It is a very good idea, provid-
ed this will not just be a corridor or a
passage to move goods to and fro. It will
benefit the region only if an industrial
hub is also part of the plan. Secondly,
industrialists and entrepreneurs of the
region must also hone their skills to
take advantage of the ASEAN markets
opening up.’’
He recalled that before Partition,
Assam had closer links to Myanmar,
Bangladesh and Thailand. But since
then, these links have weakened consid-
erably. Asked whether the influx of out-
siders would lead to social unrest, he
said: “We, in the North-east cannot re-
main isolated forever. Yes, people from
other parts of India will come if they see
good business opportunities. We have to
live with that or forever remain an iso-
lated and under-developed region,” Bhu-
yan said.
It is now left to the centre and vari-
ous state governments of the region to
ensure that promises made to the
North-east are fulfilled.
24 May 22, 2017
India’smovetomaketheNorth-
eastopenuptothethriving
ASEANmarketthroughMyanmar
harksbacktothedaysofPrime
MinisterNarasimhaRao.
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
GEOGRAPHICAL ADVANTAGE
It was during the NDA rule that the project to
connect the North-east to Myanmar’s Sittwe
Port (above) was launched
States/ North-east
sailboats.com

25. NO HOLDS BARRED
Sacked official arrested for sex crime charge
Tokyo junket for office bearer’s kids
Banking scam worth `100 crore
The Racket in
Badminton
InvitationPrice
`50
NDIA EGALEEL STORIES THAT COUNT
April 10, 2017 ` 100
www.indialegallive.com
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No-fly List: Is it
legally tenable?
Lalit Modi: Embarrassment
for India
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For advertising subscription queries
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STORIES THAT COUNTSTORIES THAT COUNT
c
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Banks are under stress because of bad debts. Here’s why: Those
responsible are not poor farmers but the super rich
THESE POOR
INDIANS
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Highways and Dryways:
Supreme Court is Unmoved
Babri Masjid Case: Old
Guard Under Pressure
VenugopalDhoot
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upp
OO
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Gau Rakshaks:
The Cow Card
Women Judges: Cracking
the Glass Ceiling?
Interview of the Week:
Gopal Subramanium
KulbhushanJadhav
Victimofa
ProxyWarIn the dark state justice belongs to
the hangman
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Controversial
LegacyPresident Pranab Mukherjee’s
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ignores India’s plurality and
sends the wrong farewell
message, says
Shiv Vishwanathan
Section 142:
Cudgel or Balm
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Good vs Bad
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Lessons from Sukma
The turf war between the judiciary and the
executive over appointment of judges
reaches another cul-de-sac. There are
no signs of a modified Memorandum
of Procedure which the
law ministry was expecting
Deadlocked
Yet Again
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Exciting
New FrontierIndia is poised to enter the international
arbitration arena in a big way
High Court says: “The worst
judgment in recent times”
Real estate law: dead
end for fraudsters
NirbhayaJudgment
SupremeCourtupholdsdeathsentence,saysthere’sno
scopeformagnanimityinthisbrutalcrime

26. Defence/ Jawan’s Death
26 May 22, 2017
T is a story that will sha-
me many an army officer.
The Sahayak or buddy
system in which a jawan
is deputed to perform
minor (often menial) tas-
ks for a superior officer is a
relic from the days of the Bri-
tish Raj which continues to
this day. Was it this perni-
cious practice and a sting
operation by a media website
exposing it that led to the sui-
cide of Gunner Roy Mathew?
His body was found on March
2, 2017 in a decomposed state
in an abandoned barrack in
the Deolali Camp in Nashik,
Maharashtra, where he was serving.
Mathew had gone missing since Feb-
ruary 25, a few days after he and other
jawans were secretly videographed shar-
ing their thoughts on how they were
treated in the most inhumane way and
had to even carry out domestic chores
when deputed as Sahayaks.
The sting by journalist Poonam
Agarwal of Quint.com created a storm
and it is alleged by the army that Math-
ew, fearing punishment at the hands of
his superiors, had ended his life. It bla-
mes the journalist for having abetted his
suicide. However, family members sus-
pect foul play.
MYSTERIOUS DEATH
Mathew’s death remains shrouded in
mystery and the Sahayak system that
had upset him in the last days of his life
has come in for much condemnation.
That is perhaps why the Welfare Asso-
ciation of Ex-Army Aviation Techni-
cians, an organisation formed by a sec-
tion of the ex-servicemen based in Kera-
la, has filed a PIL in the Supreme Court
with two pleas—one to do away with the
Sahayak system in the Indian Army and
to conduct a court-monitored investiga-
tion into what they call the “unnatural
death” of Gunner Roy Mathew.
Admitting the PIL filed by S Chan-
drasekhara Pillai and PJ George, mem-
bers of the ex-servicemen association,
the apex court has issued notices to
the Ministry of Defence, the office of
the Chief of Army Staff and the
Maharashtra government.
Mathew’s family completely
endorses the PIL and maintains
that their kin had not committed
suicide.“There is no way he could
have committed suicide. The
room where the body was found
was visited by us. It was bare at
that time and with no support for
him to have put a noose around
his neck. It was only last year that
he bought a piece of land to build
a house. Suicide was the last thi-
ng he would have done,’’ Gracius,
Mathew’s uncle told India Legal.
CLAIMS AND COUNTERCLAIMS
The army maintains that Mathew’s sui-
cide was abetted by Agarwal against
whom charges have been framed under
Sections 3 and 7 of the Official Secrets
Act, for trespass, abetment to suicide
and defamation. However, Mathew’s
wife, Fini, mentions in the PIL that she
was not aware of Mathew being under
any stress from Agarwal. Nor had her
husband mentioned the journalist name
in the last phone conversation she had
with him before he went missing.
The PIL notes that the abandoned
barrack where Mathew’s body was dis-
covered was hardly 50 metres away
from the main barracks. It asks the cru-
cial question as to how the dead body
remained unnoticed for more than four
days in a decomposed state.
“The abandoned barrack was so near
to the living barracks that a body could
have never been lying there for more
Suicide or Foul Play?
Apetitionfiledintheapexcourtpleadsforre-investigatingthemysteriousdeathof
ajawanfollowingastingexposebyawebsiteoftheSahayaksysteminthearmy.
Theauthoritiesallegethatthesoldiertookhisownlife
By Naveen Nair in Thiruvananthapuram
ThePILnotesthatofficersfrom
theDeolalicamppressurisedthe
familytosignawrittenstate-
mentnamingthejournalistasthe
abettorofRoyMathew’ssuicide.
I
Roy Mathew with his wife

27. | INDIA LEGAL | May 22, 2017 27
than four days; the smell, stench of
decomposition would have attracted
jawans living in the barracks hardly 50
metres away and animals like dogs cer-
tainly would have created an alarm long
time back,’’ says the PIL.
More significantly, the PIL also notes
that officers from the Deolali camp had
put pressure on the family to sign a wri-
tten statement naming Agarwal as the
abettor of Mathew’s suicide. To quote
the PIL: “The Officers deputed from
Deolali camp where the body of Roy
Mathew was found and others acting at
their behest made repeated attempts to
somehow by hook or crook through a
combination of inducements, fear and
coercion, obtain a statement from the
vulnerable family of Roy Mathew to
attribute suicide to the scribe who did
the sting operation.”
ABOLISH SAHAYAK SYSTEM
The two petitioners make a fervent plea
in the PIL to abolish the Sahayak system
immediately. Requesting the court to
intervene, they point out that it is a vio-
lation of the Article 21 of the Indian
constitution which includes “the right to
live with dignity”.
Citing their experience, they have
pleaded before the Court that the sys-
tem is nothing more than forcing jawans
to do menial household tasks at the
homes of senior officers.
“One joins the armed forces with a
lot of respect and pride to serve the
motherland and not to do household
chores at a senior officer’s house. It is so
demeaning. But jawans do it because
their promotion and all other orders lie
in the hands of these very officers. What
option do they have? But this has to
end,’’ Chandrasekhara Pillai, one of the
petitioners told India Legal.
The ex-jawans have also asked why
the army is unable to abolish Sahayaks
when the air force and the navy have
already done so. In support of their affi-
davit, they have also submitted the copy
of the recommendations of the 31st
report of the Standing Committee on
Defence of the 14th Lok
Sabha, pertaining to
“Stress Management in
Armed Forces”, which
has clearly called for an
abolition of the Saha-
yak system in the Indian
Army.
The report states
that it is shameful that
jawans who are recruit-
ed to serve the nation
are forced to serve the
family members of offi-
cers in household work
which is demeaning and
humiliating.
The Committee said that such a
practice, which was followed during the
time of the British, has no place in
Independent India. It concludes by say-
ing that “the ministry of Defence is
expected to issue instructions to stop
forthwith the practice which lowers the
self-esteem of the jawan. Any officer
found to be violating the instruction in
this regard be dealt with severely”.
In January, following a sharp criti-
cism of the Sahayak system by a serving
jawan on social media, Army Head-
quarters had issued a notice to all units
that Sahayaks cannot be used in such a
way that it lowers their self-esteem.
Sensing that it was becoming a huge
embarrassment, the army had sent out
strict orders that all units needed to
ensure that no “buddy” is found doing
any household work.
The PIL will be taken up by the apex
court after the summer recess and will
be keenly watched. The Court’s ruling
could have a bearing on the oldest and
controversial practices followed by the
Indian Army.
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
RIGHT ROLE
Soldiers are meant for
national duties rather than
as Sahayaks
“Onejoinsthearmedforcesto
servethemotherlandandnot
todohouseholdchores....Itis
sodemeaning.”
—ChandrasekharaPillai,oneofthe
petitioners
UNI

28. Crime/ App Group Administrators
28 May 22, 2017
AVE you set up a
WhatsApp group? If yes,
you need to carefully
screen every message
being moved by your
group members because
even one post that is considered offen-
sive by a district administration can
land you in jail. It is immaterial who has
written or shared the post. The respon-
sibility is yours.
This is what happened to Krishna
Sanna Thamma Naik, who was the
administrator of The Balse Boys group
on WhatsApp. He was arrested on May
2, 2017, by the Uttar Karnataka police
along with a group member, who had
posted objectionable content against
Prime Minister Narendra Modi.
The same can happen in Varanasi,
India’s holiest town and the constituen-
cy of the prime minister. The district
H
Areportofthearrestofanadminof
thisappduetoobjectionable
contentpostedbyamemberhas
raisedquestionsaboutitslegality.
TheDelhiHChassaidanadmin
cannotbeheldliablefordefamation
By Sunil Saxena
What’s Up on
WhatsApp?

29. members and decide which message
should be reported to the police? And
how feasible is such scanning given the
large volume of messages being moved
on the groups? The maximum number
of members that a group admin could
sign used to be 100 initially. In 2016,
WhatsApp raised this number to 256.
Mercifully, a judgment delivered by a
Delhi High Court judge in December
2016 has settled some key points regar-
ding the responsibilities of chat group
administrators.
Justice Rajiv Sahai Endlaw of Delhi
High Court, who examined the plea of
defamation filed against the members
and administrator of online chat and
messaging groups Telegram and Google,
ruled: “I am unable to understand as to
how the administrator of a group can be
held liable for defamation, even if any,
by the statements made by a member of
the group.”
The judge further held that “to make
an administrator of an online platform
liable for defamation would be like mak-
ing the manufacturer of the newsprint
on which defamatory statements are
published liable for defamation.”
DEFAMATORY STATEMENTS
The judgment is a significant ruling and
should be studied carefully by all district
administrations and law enforcement
authorities. Even more significant was
Justice Endlaw’s observation that “when
an online platform is created, the cre-
ator thereof cannot expect any of the
members thereof to indulge in defama-
tion, and defamatory statements made
by any member of the group cannot
make the administrator liable”.
In the case of WhatsApp, the admin-
istrators suffer from one more limita-
tion. They can neither delete member
messages from the phones of group me-
mbers nor can they influence what the
members share. So, why should they be
held liable for what they cannot control?
Another legal issue that needs to be
studied is whether a WhatsApp group
admin can be considered an intermedi-
ary as defined by the Information
magistrate and the superintendent of
police here have put all WhatsApp
administrators on notice. In a joint
order issued in April 2017, they have
decreed that the group admins take
action against members who move mes-
sages that are “fake, can cause religious
disharmony, or are rumours”. Inaction
by the group admins can lead to the fil-
ing of an FIR against them.
Earlier in October 2015, the Latur
police in Maharashtra had arrested a
WhatsApp group administrator for
“objectionable content” that included
video clippings. This is a scary scenario
for almost 200 million WhatsApp group
administrators across India.
HARMLESS ACTIVITY
The majority of these groups are made
up of family members or friends, who
largely post or share photographs,
videos and information about them-
selves. Many also share jokes and posts
making fun of politicians that they pick
up from the internet. Most of this activi-
ty is harmless or what the group mem-
bers consider harmless.
However, the possibility of Whats-
App being used by criminals and anti-
social elements cannot be ruled out.
This social messaging platform is
instant, enjoys end-to-end encryption,
and can be used for conducting nefari-
ous activities.
The question is: what is the responsi-
bility of group administrators? How
liable are they for the messages being
shared on their group? Should they be
punished for a message moved by a
member or should the creator of the
message be held liable? Should the
group administrators scan every mes-
sage that is moved by their group
| INDIA LEGAL | May 22, 2017 29
“Tomakeanadministratorofan
onlineplatformliablefordefamation
wouldbelikemakingthemanufacturer
ofthenewsprintonwhichdefamatory
statementsarepublishedliable
fordefamation.”
JusticeRajivSahaiEndlawofthe
DelhiHighCourtAnthony Lawrence

30. Technology Act (ITA). According to
Section 2(w) of ITA, an intermediary
“means any person who on behalf of
another person receives, stores or trans-
mits that record or provides any service
with respect to that record and includes
telecom service providers, network serv-
ice providers, internet service providers,
web-hosting service providers, search
engines, online payment sites, online-
auction sites, online-market places and
cyber cafes”.
By this definition, a WhatsApp group
admin cannot be considered an inter-
mediary because he neither stores nor
transmits electronic records. He has
only used a chat messaging platform to
create a group. It is the messaging plat-
form that powers the group’s activities.
However, if for some reason, law
enforcement authorities consider group
admins to be intermediaries and hold
them liable for all messages moved in
their group, then they should check
Section 79 of the IT Act. This section
provides exemption to the intermedi-
aries from liability provided they do not
(i) initiate the transmission, (ii) select
the receiver of the transmission, and (iii)
select or modify the information con-
tained in the transmission.
IT ACT
The only ground on which action can be
taken against the intermediary is when
he “has conspired or abetted or aided or
induced whether by threats or promise
or otherwise in the commission of the
unlawful act (ITAA 2008)”.
Section 79 also makes it clear that
action can be taken against an interme-
diary only if he “fails to expeditiously
remove or disable access to material”
that is being used to commit an unlaw-
ful act. For this, the intermediary must
be “notified by the appropriate Govern-
ment or its agency”.
District administrations too should
abide by this Act. They should give
WhatsApp admins sufficient time to
undo the damage caused by rogue mem-
bers. The admins must be asked to
remove the erring members and notify
remaining members of why the action
has been taken. If, however, the admins
refuse to take action after receiving such
a notice, then the authorities will be well
within their rights to take action against
the erring admins. Such an approach
will increase the faith of people in law-
enforcing authorities.
The writer is Dean, School of
Communication, GD Goenka University
30 May 22, 2017
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
Crime/ App Group Administrators
I
n 2011, a complaint was filed by
Vinay Rai in Patiala House Court
against several tech giants such as
Facebook India, Google and others
highlighting several loopholes in moni-
toring offensive content. The complaint
was filed under Sections 200 and
156(3) of the Criminal Procedure Code
and Sections 153A, 153B, 292, 293,
295A, 298, 109, 500 and 120B of the
Indian Penal Code.
It was stated in the complaint that
as these companies provide services
for electronic content, they are also
accountable to manage and control
online sites and internet content. They
also act as hosts for inflammatory
content which can destroy the secular
fabric of our country. This content is
demeaning, degrading and obscene
and can seriously affect religious
sentiments, it said.
It further stated that currently so
much objectionable material was avail-
able which can pave the way for com-
munal riots in our country. It also said it
could corrupt the minds of children and
result in dangerous consequences. The
complaint also specified that it cannot
be considered under Freedom of
Speech and Expression.
It noted that the obscene content
could be easily downloaded from social
media sites and printed on books,
pamphlets and paper. It suggested that
such websites are created only for the
purpose of providing educational, his-
torical, research and education as part
of their commercial activities. Though
the case was disposed of, it was suc-
cessful in highlighting major defects in
the monitoring of online content.
OffensivecontentonFacebook,Google WhatsApp has200million
monthlyactiveusersinIndia,
whichmakesitthesingle
biggestmarketfortheinstant
messagingservice.
Anil Shakya

31. | INDIA LEGAL | May 22, 2017 31
After the application
by Winston
Godwin from Bermuda,
and his Canadian part-
ner, Greg DeRoche, to
marry in Bermuda was
declined by the
Registrar-General, the
couple knocked on the
doors of the island’s
Supreme Court. The
Court ruled that a ban
on same-sex unions is a
discriminatory violation
of human rights. The
legal battle, which cul-
minated last week,
legalised same-sex mar-
riage and brought it
into effect immediately.
A referendum in June
2016 had Bermuda vot-
ers overwhelmingly
reject same-sex mar-
riage by 69 percent.
However, the vote was
nullified as the mini-
mum requirement of
votes was not met.
UK Foreign
Secretary Boris
Johnson’s latest visit to
Libya has lawyers back
home cheering for him.
He raised the subject of
Libyan compensation
for UK victims of terror.
A report published by
Westminster’s Northern
Ireland Affairs
Committee said that
weapons, funding, train-
ing and explosives were
provided by Libya to the
Provisional IRA which
“both extended and
exacerbated the trou-
bles”. In particular,
Libyan Semtex facilitat-
ed a bombing campaign
in the late 1980s that
included atrocities at
Enniskillen, Warrington.
—Compiled by Shailaja Paramathama and
Ratnadeep Choudhary
UK asks Libya
to give
compensation
Bermuda SC
okays gay
marriages
An immigrants’ rights group from
Seattle, Northwest Immigrant
Rights Project, which had recently
challenged President Donald Trump’s
travel ban in court, has been ordered
to halt a large part of its work by the
US Justice Department. The non-prof-
it which advises immigrants, including
those facing deportation, has a staff of
70 and a network of 350 volunteer
attorneys dealing with current cases
and a backlog of nearly 9,000 cases
pending in Seattle and Tacoma. It has
provided free legal representation to
over 200 immigrants facing deporta-
tion last year. The Justice Department
told the group that it cannot provide
legal help unless it undertakes formal
representation of its clients.
US immigrants’ group
told to halt work
After Brexit, banks are planning to
move out of Britain. This in turn
can lead to outsourcing of 9000 jobs
from Britain. Last week, Standard
Chartered and JP Morgan outlined
plans to shift jobs out of Britain.
Thirteen other banking giants, includ-
ing Goldman Sachs, and Citigroup,
are planning to pull out in order to
access the European Union’s single
market. Although they house only 2
per cent of financial jobs, it could have
an impact as Britain would lose rich
taxpayers. The Institute of Fiscal
Studies mentioned that the rest of the
taxpayers may end up paying more.
Banks may exit Britain
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
FBI director James Comey has
been sacked by President
Donald Trump as FBI acceler-
ated its investigation of
Russia’s involvement in the
US presidential elections.
Trump explained that he was
pre-terminated because of his
involvement in
accessing Hilary
Clinton’s per-
sonal email
when she
was Secretary of State. He tweeted:
“Comey lost the confidence of almost
everyone in Washington, Republican
and Democrat alike. When things calm
down, they will be thanking me!”
During the presidential elections, Trump
had praised the FBI regarding this. It’s
only the second time in US history that
the FBI director’s tenure has
been pre-terminated.
Trump has already fired
acting attorney general
and National Security
Advisor on different
grounds. The termina-
tion was followed by
Trump meeting Russian
foreign minister Sergey
Lavrov in the
Oval
Office.
International Briefs
Trump fires
FBI Director
Comey

32. Probe/ UP’s Slaughter Houses
32 May 22, 2017
POLITICAL FODDER
Uttar Pradesh Chief Minister
Yogi Adityanath at Kanha
Upvan in Lucknow
Meat of the Matter
tion for the state’s dhabas, restaurants
and halwais—those sanctuaries of
malign microbes—would have been
in alignment with the BJP government’s
claim of working for the betterment of
all citizens equally without favouring
any section of it (Sabke saath, sabka
vikaas). That those who gave the BJP a
strong majority in the state legislature
should accept such double standards
is bewildering.
Aninvestigationintothestate’scrackdownagainstabattoirswasfollowedbyanadverse
commentbytheHighCourt
By Vivian Fernandes
HERE are several ironies
in Uttar Pradesh’s drive
against the illegal slaugh-
tering of animals for meat.
A vegetarian chief minis-
ter’s concern for the
hygiene and quality standards of meat
consumed, if not largely at least regular-
ly, by a constituency that is believed not
to have voted for him and his party, is
quite touching. A similar level of aspira-
T
UNI

33. maal was released, he said, but the truck
is still in their custody. Qayyum said he
called up Pooran Prakash, the BJP MLA
of Baldev assembly constituency who
was willing to plead his case, but the
station house officer (SHO) refused to
take the call. When Qayyum showed the
SHO the supply permit, he was told to
“keep it in his pocket”.
Four of seven export-oriented abat-
toirs in Aligarh were closed on the day
this correspondent visited the city.
(District officials put the number at 11).
Some of them closed down voluntarily
in order to meet inadequacies in compli-
ances, rather than risk being sealed by
zealous officials motivated by ideology
or to establish their loyalty to the new
administration. Export units are
approved by Apeda, the food products
export promotion agency, and FSSAI,
the food safety and standards authority.
They are also inspected by teams sent by
importers. This correspondent found
Allanasons’ Aligarh unit neat, clean and
disinfected. The only suggestion of its
activity was the smell emanating from
its rendering plant where animal waste
is treated with heated steam.
Slaughterhouses have to meet 17
compliances pertaining to animal wel-
fare, safety of meat during processing,
transportation and retailing, pollution
control, waste disposal and so on. What
constitutes illegality is not clear, says DB
Sabharwal, secretary-general of the All
India Meat and Livestock Exporters
Association. Abattoirs have been
Another paradox is that in the garb
of enforcing the law. The state is legally
doing unconstitutional acts. This was
observed by the Lucknow bench of
Allahabad High Court on April 3 while
hearing a writ petition against
Lakhimpur Kheri’s municipal corpora-
tion by a goat meat seller whose retail
licence was not being renewed. Food
and food habits are part of the right to
life, the bench said, which the govern-
ment could not violate through inaction
like not renewing or delaying renewal of
licences and other approvals.
Latterly, the government is restrict-
ing the supply of livestock to abattoirs in
the guise of animal welfare. All the
seven export-oriented buffalo meat units
in Unnao are shut or near-shut, said
Fauzan Alavi, director of Allanasons, the
country’s largest buffalo-meat exporting
group based in Mumbai. Last year it
shipped 4.5 lakh tonnes or a little less
than a third of India’s 2015-16 buffalo
meat exports of 1.3 million tonnes.
Buffaloes for slaughter cannot be
loaded on to trucks without a fitness
certificate which the state’s veterinary
doctors have to issue. But the doctors
are posted at abattoirs and not at penths
or animal bazaars. One of Allanasons’
two units in Unnao processed just
about 50 buffaloes on May 2, Alavi
said, against about a 1,000 daily which
it did earlier.
Illegality, in fact, thrives in the name
of curbing an illegality. There was a tor-
rent of complaints from buffalo suppli-
| INDIA LEGAL | May 22, 2017 33
ers at the Aligarh plant of Allanasons.
Gola Qureshi, a buffalo supplier from
Bareilly, said he had to shell out `1,000
(on the day this correspondent met him)
to the police at Raya railway crossing
near Mathura while transporting ani-
mals from Laxminagar penth. This,
despite showing them the bill of pur-
chase. The police was aided by 4-5 vigi-
lantes on bikes, he said. If he did not
pay up, the police threatened to hand
over his animals, 16 of them, worth
about `4 lakh to village folk. Recovering
them would have been very difficult.
N
aushad, another buffalo suppli-
er, said he was intercepted by
the police at the beginning of
April while ferrying 10 buffaloes from
Ganganpur mandi on Agra road. He
offered `200 but the police directed him
to the police station. Fearing he would
be beaten up, he fled. The driver of the
vehicle made a deal
for `4,300. This happened in the juris-
diction of Pilua police station.
Abdul Qayyum of Mawan village in
Mathura district said he paid `50,000
to Bajrang Dal activists and police at
Raya railway crossing on March 27. The
TheLucknowbenchofthe
AllahabadHCsaidfoodhabitsare
partoftherighttolife;the
governmentcannotviolate
thembydelayinglicences.
WHITHER
LIVELIHOOD?
(L to R) Abdul
Qayyum of Mawan
village in Mathura
district says that he
paid `50,000 to
Bajrang Dal activists
and police despite
having the permit;
a government seal
on meat
Vivian Fernandes Vivian Fernandes

34. closed for CCTVs not working or part of
a factory failing to comply with building
byelaws. Earlier, deficiencies were point-
ed out and time was given to rectify
them. Sealing of a plant was seldom
done, Sabharwal says.
B
uffalo meat sellers in Aligarh
have also closed down shops vol-
untarily to avoid getting into
trouble with the law. Mohammed
Rashid was installing aluminium win-
dows at his hole-in-the-wall at Aligarh’s
Turkman Gate neighbourhood. The
municipal corporation’s check list for
licence renewal included the following:
(a) whether the retail outfit is owned or
rented out (b) whether the flooring is
pucca or not (c) whether the walls are
painted (d) distance from school or
mandir (e) whether there is a drain in
front of the shop (f) whether there is a
tap with running water (g) whether
there is a glass enclosure or chic (mat
of reeds) covering so that carcasses are
not exposed.
According to Tariq Anwar, president
of the butchers’ association, Aligarh has
351 buffalo meat shops, out of which
nearly 233 had licences last year. SB
Singh, Additional District Magistrate
(City), says there were 136 licenced
buffalo meat retailers.
“There is no shortage of flesh in the
city as there are alternate arrange-
ments,” Singh says. To ease people’s
hardship, the district administration has
directed exporters to divert a part of
their production to the local market. Of
UP’s 75 districts, only Aligarh has taken
this measure, says Alavi.
Aligarh’s only municipal slaughter-
house has been closed since January
2014 as it did not meet pollution control
norms. Blood used to be drained into a
nala; the offal was treated at a private
rendering plant. It was an apology of a
slaughterhouse like the rest in the coun-
try. The Aligarh administration is now
acting with urgency. The effluent treat-
ment plant will be operational in less
than two months, says Singh.
Ramzan, Islam’s holy month of
fasting, will commence from May 27. If
inexpensive buffalo meat is not going to
be available, trouble might be stirred by
criminals in the Muslim and Hindu
communities. There is anger in UP’s
Muslim community. It is waiting for an
escape vent.
The writer is editor of
www.smartindianagriculture.in
34 May 22, 2017
Aligarh’sonlymunicipal
slaughterhousehasbeen
closedsinceJanuary2014
asitdidnotmeettherequired
pollutioncontrolnorms.
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
Probe/ UP’s Slaughter Houses
BOVINE CARE
Several goushalas have sprung up
in the state for cow protection
UNI

35. The land transfer, registration and
namantaran procedures took place in
such haste as to raise doubts. What is
the most complicated legal aspect of
the issue is that all lands outside the
town of Umaria were under the Rewa
state during the British Raj. Rewa was
notorious for maintaining land records
and it is quite possible that the school
itself may be an encroachment on Bari’s
land. Boundaries of land demarcating
ownership were not clear till 1950 when
Rewa formally became a part of the
Indian union.
SDM JP Yadav, who is inquiring into
the matter, adds another angle to the
controversy by saying that people of the
area are habitual complainants and mis-
chief makers. While this may be true,
Yadav’s turn of phrase shows which way
the inquiry may be heading.
Irani, on her part, has already writ-
ten to the collector and the revenue
department of the state government to
conduct a land survey, to mark the focal
points on the map and replicate these
on ground. A seemankan that Zubin
should have done before acquiring the
property will now be done and the issue
of encroachment will be decided. The
resort may be good or bad for the village
but Zubin will be made to pay obeisance
to the locals. That is the name of the
game in the Vindhyas.
Meanwhile, there are rumours
linking Zubin to a 20 acre resort which
is being planned adjacent to the Kanha
National Park in Mandla and Balaghat
districts of Madhya Pradesh. But local
authorities deny giving clearance for any
such project.
Probe/ Land Encroachment
N May last year Zubin Irani, hus-
band of Union textile minister
Smriti Irani, became a shareholder
in Markaz Hospitality Private
Limited, in which the Kumra
brothers—Rohit and Amit—are direc-
tors. The company had plans to build
and run a resort adjacent to the famed
Bandhavgarh National Park on a five
acre plot in Bighari village located in
Manpur Tehsil of Umaria district in
north-east Madhya Pradesh.
But Markaz Hospitality ran into
trouble once the company started fenc-
ing the purchased plot since it apparent-
ly encroaches upon the land belonging
to the Kuchwahi Primary School.
Jankiprasad Tiwari, the principal of the
school, has lodged a complaint with the
collector and Madhya Pradesh chief
minister Shivraj Singh Chouhan. While
the entire case has acquired a political
hue with the Congress raking up the
issue, there are legal tangles which
Zubin may find difficult to untangle.
The land is right next to the school
building and there is perhaps only a six-
inch gap separating the two.
India Legal asked the district collec-
tor Umaria, Abhishek Singh, about the
| INDIA LEGAL | May 22, 2017 35
REALTY CONTRACT
Union Minister Smriti Irani and her husband
Zubin, a shareholder of Markaz Hospitality
legal status of the land. “It seems a fair
purchase but I have asked the sub-divi-
sional magistrate (SDM) of the area to
verify,” he says. But he points out land
records are not clean in the area and
measurement and demarcation (see-
mankan) of individual properties has
not been done in decades. A reason why
Markaz perhaps found the property
available at a throwaway price.
The land originally belonged to
Hazari Bari which was then transferred
(namantaran) in the name of Jaikaran.
Later the Shukla family seems to have
bought the land from Jaikaran about a
couple of months before it was sold to
Zubin. The land is in two pieces and was
registered on the same day in the names
of Zubin and Markaz at Manpur. The
local address provided by the buyers is
care of Pragya Tripathi, daughter of a
former BJP MP of Rewa, CP Tripathi.
I
Twitter: @indialegalmedia
Website: www.indialegallive.com
Contact: editor@indialegallive.com
DidUnionTextile
MinisterSmritiIrani’s
husband,Zubin,and
thehospitality
companyheis
associatedwith,
encroachuponland
ownedbyaschoolin
Umariadistrict?
By Neeraj Mishra
in Bhopal
ControversialResort
Iranihaswrittentothecollector
andtherevenuedepartmentof
thestategovernment tomarkthe
focalpointsonthemapand
replicatetheseonground.