Best printers for Home

Best Mixer Grinder

Best wired Earphones

Best 43 Inch TV in India

Best Wi Fi Routers

Best Home Theatre in India

Smart Watch under 5000

Best Laptops for Education

Best Laptop for Students

New Delhi, Legal doyen and veteran advocate Fali S <keyword id="20668460" type="General" weightage="20" keywordseo="nariman" source="keywords">Nariman</keyword> died here on Wednesday at the age of 95. He was suffering from multiple ailments, including cardiac issues. Born on January 10, 1929, Nariman was enrolled as an advocate at the Bombay High Court in November 1950 and was designated a senior advocate in 1961. Nariman was born in Rangoon (now Yangon) to a well-off business executive. The Nariman family fled to India in the face of the Japanese invasion in 1942 when Fali was 12. He practised law for more than 70 years, initially in the Bombay High Court and since 1972, in the Supreme Court. Nariman was appointed as the additional solicitor general of India in May 1972. He resigned from the post a day after the imposition of Emergency on June 26, 1975. In his long and illustrious legal career, Nariman argued in several landmark cases, including the Bhopal gas tragedy case, TMA Pai case, Jayalalithaa disproportionate assets case and the famous case of the National Judicial Appointments Commission, which was struck down by the Supreme Court. Nariman, who was often referred to as the "Bhishma Pitamah" of the Indian judiciary, authored books, including "Before the Memory Fades", "The State of the Nation", "India's Legal System: Can it be Saved?" and "God Save the Hon'ble Supreme Court". Nariman received the Padma Bhushan in January 1991 and in 2007, he was awarded the Padma Vibhushan. He was also nominated as a member of the Rajya Sabha in November 1999. Reacting to the news of his death, senior advocate Abhishek Singhvi took to X and wrote: "End of an era' #falinariman passes away, a living legend who will forever be in hearts and minds of those in law and public life. Above all his diverse achievements, he stuck to his principles unwaveringly and called a spade a spade, a quality shared by his brilliant son #Rohinton." Solicitor General <keyword id="20038814" type="General" weightage="20" keywordseo="tushar-mehta" source="keywords">Tushar Mehta</keyword> said not only the legal fraternity, but the country has lost a towering figure of intellect and wisdom. "The country has lost an epitome of what righteousness stood for. A doyen, paragon and a legend in his own lifetime has left us, leaving the jurisprudence enriched by his immense contribution. I have always learnt something new by merely appearing even against him," the law officer said in his message. Activist-lawyer <keyword id="20027334" type="General" weightage="20" keywordseo="prashant-bhushan" source="keywords">Prashant Bhushan</keyword> said Nariman's death was an enormous loss to the country. In a post on X, Bhushan wrote: "Very sad news. Eminent Jurist Fali S Nariman Passes Away. He was also regarded as the Bhishma Pitamah of the lawyer community. A great lawyer and close friend of our family. His passing away at this critical juncture is an enormous loss for our country." Fali Nariman's son, <keyword id="20668461" type="General" weightage="20" keywordseo="rohinton-nariman" source="keywords">Rohinton Nariman</keyword>, was a Supreme Court judge.

Legal doyen and veteran advocate Fali S Nariman passes away at 95

New Delhi, The <keyword id="6354977" type="COMPANY" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> on Friday granted <keyword id="6431715" type="UNKNOWN" weightage="20" keywordseo="interim-bail">interim bail</keyword> to comedian Munawar Faruqui, who had challenged the <keyword id="6397813" type="COMPANY" weightage="20" keywordseo="Madhya-Pradesh-high-court">Madhya Pradesh High Court</keyword> order, which refused to grant him bail in a case where he allegedly hurt <keyword id="522164" type="PERSON" weightage="20" keywordseo="religious-sentiments">religious sentiments</keyword>. A bench headed by Justice <keyword id="2495434" type="PERSON" weightage="20" keywordseo="Rohinton-Fali-Nariman">Rohinton Fali Nariman</keyword> noted that the Madhya Pradesh Police flouted the <keyword id="10709650" type="UNKNOWN" weightage="20" keywordseo="top-court-judgment">top court judgment</keyword> in Arnesh Kumar versus Bihar of 2014, during Munawar's arrest. The bench also issued notice to Madhya Pradesh government in the matter Faruqui's counsel argued that allegations are vague. The bench noted that his arrest did not follow procedure under section 41 CrPC. The top court also granted him protection from being arrested by Uttar Pradesh police, which lodged a separate case, by staying the production warrant issued against him. The High Court had observed that after taking into consideration the material seized and the statements of the witnesses along with the on-going investigation in the matter, no case is made out for grant of bail. "It is the constitutional duty of every citizen of the country and also of the States to promote harmony and the spirit of common brotherhood amongst all the people of India irrespective of religious, linguistic, regional or sectional diversities and to value and preserve the rich heritage of our composite culture (Article 15A (e) and (f) of the Constitution," the High Court had said. Munawar, a resident of Gujarat, was arrested on January 2 along with four others on the allegations that he made derogatory remarks against Hindu gods during a recent stand-up show. The other arrested persons were identified as Edwin Anthony, Nalin Yadav, Prakhar Vyas and Priyam Vyas. The High Court had noted that there is possibility of collection of more incriminating material and complacency of other persons cannot also be ruled out. Faruqui's counsel submitted before the High Court that he came on an invitation from the organisers of the comedy show and was though present on the spot at the show but did not utter anything as alleged. "In the light of the statements of the complainant and the witnesses referred above, the seized articles, viz., video footage of the show and the seizure memos detailed above, at this stage it is difficult to countenance to the submissions of the learned counsel for the applicant as complacency of the applicant cannot be ruled out, besides vulnerability of his acts in public domain. It is not a case of no evidence," said the High Court. SEE ALSO: <a href="https://www.businessinsider.in/policy/economy/news/how-big-is-indias-debt-and-should-it-be-a-worry/articleshow/80688623.cms">How big is India's debt and should it be a worry?</a> <a href="https://www.businessinsider.in/stock-market/news/heres-why-you-arent-being-able-to-apply-for-brookfield-reit-ipo-through-zerodha-groww-angel-broking-and-other-stockbroking-apps/articleshow/80686457.cms">Here's why you aren't being able to apply for Brookfield REIT IPO through Zerodha, Groww and other stockbroking apps</a>

Supreme Court grants interim bail to comedian Munawar Faruqui

<ul><li>The world’s largest <keyword id="6354914" type="UNKNOWN" weightage="20" keywordseo="democracy">democracy</keyword> finally decriminalised homosexual intercourse yesterday and scrapped the controversial <keyword id="6362797" type="UNKNOWN" weightage="20" keywordseo="section-377">Section 377</keyword>. </li><li>While this decision by the country’s highest court is certainly significant, there needs to be more of an impetus for social change and removing ignorance from society. </li><li>After decriminalisation, the focus should be on implementing LGTBQ rights in marriage, inheritance, adoption and surrogacy. </li></ul>In a <a href="https://www.businessinsider.in/section-377-verdict-indias-top-court-decriminalises-homosexuality-in-landmark-verdict/articleshow/65697010.cms">landmark decision</a> by the <keyword id="75952" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court-of-India">Supreme Court of India</keyword>, Section 377 was finally scrapped from the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian Penal Code</keyword>. A part of Indian law since 1861, Section 377 deemed sexual intercourse ‘against the order of nature’ leading to imprisonment of 10 years up to life, as well as a fine. The removal of this section ties into the basic civil right of privacy, freedom and equality. Any individual has the right to choose how they wish to live their life without being discriminated against in society. That being said, while the removal of Section 377 takes a huge step in that direction, there's still a lot more that has to be done for true equality to be implemented on the ground level. Battling the stigma As Justice Rohinton Nariman’s <a href="https://www.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf">verdict</a> states, “We further declare that such groups are entitled to the protection of equal laws, and are entitled to be treated in society as human beings without any stigma being attached to any of them.” Despite that, prominent public figures in India have issued statements in the past that range from being ignorant to plain abuse. While one can hope that the removal of Section 377 will change their minds, various debates on the subject across multiple news channels exhibit otherwise. There needs to be a campaign to not only to raise awareness but to educate people on what <keyword id="34262" type="PERSON" weightage="20" keywordseo="homosexuality">homosexuality</keyword> is. According to <keyword id="6833354" type="UNKNOWN" weightage="20" keywordseo="justice-nariman">Justice Nariman</keyword> the government should conduct programmes to end the stigma around homosexuality and individuals employed with the government should receive workshops to sensitise them to subject. That being said, the initiative would a long way if it was implemented in the school system and workplace as well. In a country where basic sex education isn’t even implemented in schools, awareness against judgement and prejudice is all the more important. The path forward The next step of the Indian government after decriminalizing homosexuality is to allow for same-sex marriages. It will take time to happen, but like in other countries around the world, it could be brought in as an interim measure. Civil partnerships should be recognised as binding across all sectors some which include insurance, inheritance, surrogacy, adoption or childbirth. Currently, there's no law in place to battle discrimination at that level. More than addressing discrimination, it’s also about the realisation of fundamental <keyword id="52767" type="COMPANY" weightage="20" keywordseo="Human-rights">human rights</keyword>. For instance, the current law on rape is inadequate to address non-consensual sex between same-sex individuals. And, the same follow through when it comes to sexual harrassment. There’s a lot of <a href="https://qz.com/india/1380947/section-377-the-former-british-colonies-with-laws-against-gay-people/">conversation</a> about how Section 377 the legacy of the British rule in India. But even the United Kingdom, excluding Northern Ireland, <a href="https://www.bbc.com/news/uk-26793127">passed</a> the legislation allowing for <keyword id="393963" type="PERSON" weightage="20" keywordseo="same-sex-marriage">same-sex marriage</keyword> back in 2013.

Section 377 verdict: What’s next for India?

<ul><li><keyword id="375475" type="COMPANY" weightage="20" keywordseo="Future-Retail">Future Retail</keyword> and <keyword id="18635" type="COMPANY" weightage="20" keywordseo="Amazon">Amazon</keyword>’s fight over <keyword id="44950" type="PERSON" weightage="20" keywordseo="Kishore-Biyani">Kishore Biyani</keyword>’s deal with <keyword id="58448" type="COMPANY" weightage="20" keywordseo="Reliance-Retail">Reliance Retail</keyword> will now be decided by India’s <keyword id="6354977" type="COMPANY" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> on May 4.</li><li>Amazon had moved the Supreme Court against the stay order given by the Delhi High Court.</li><li>As a breather for Biyani, the company’s lenders have given a nod to a debt recast plan under the KV Kamath committee at the Reserve Bank of India.</li></ul>Future Retail and Amazon’s fight over Kishore Biyani’s deal with Reliance Retail will now be decided by India’s Supreme Court on May 4. The case, which was brought up in the Supreme Court today, has been adjourned to the later date while a Bench headed by Justice Rohinton Fali Nariman has put a stay on all proceedings until then. In March, a single judge bench of the Delhi High Court had upheld the emergency arbitrator’s award in favour of the Jeff Bezos-led company. However, it was stayed again by the Delhi HC. Amazon had then moved India’s apex court against the stay order. Future Retail’s share price was trading marginally higher at ₹48.65 after the Supreme Court notice. Meanwhile, as another breather for Biyani, the company’s lenders have given a nod to a debt recast plan under the KV Kamath committee of the Reserve Bank of India. “The debt burden has become disproportionate relative to the cash flow generated by the company owing to the multiple lockdowns since the pandemic surfaced, posing significant financial stability risks to the business. Hence, the restructuring of the debt is crucial and essential,” the company had said in a regulatory filing on April 17. The legal battle between Amazon and Future Group over the latter’s deal with Reliance has been going on for nine months now. In August 2020, Reliance Retail acquired the debt-ridden Future Retail for as much as ₹25,000 crore. On October 25, 2020, global e-commerce giant Amazon got a stay order on the Future Retail and Reliance deal from a Singapore arbitrator, and had written to BSE and India’s market regulator SEBI to uphold the decision. Amazon had sent a legal notice to Future Coupons over Future Group’s ₹25,000 crore deal with Reliance. Amazon had said that it was denied the Rights of First Refusal for the deal with Future Group. SEE ALSO: <a href="https://www.businessinsider.in/tech/apps/news/whatsapp-users-need-to-update-their-apps-and-report-malicious-links-as-new-malware-makes-the-round-and-cert-in-warns-of-multiple-vulnerabilities/articleshow/82140756.cms">WhatsApp under threat — multiple vulnerabilities in older versions of the app and a new ‘Pink’ malware on the prowl</a> <a href="https://www.businessinsider.in/business/startups/news/dream11-parent-company-looking-for-an-ipo-in-the-us/articleshow/82139123.cms">Dream11’s parent company is reportedly the latest contender for a public market debut in the US</a>

Almost nine months later, Future Retail-Reliance deal continues to hang in balance as Supreme Court stays further proceedings with Amazon

<ul><li>A committee of seven <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> judges is inclined to begin physical hearings in at least two or three of its 15 benches as early as next week, said sources familiar with the development. The top court could also begin hearings with some <keyword id="8036442" type="UNKNOWN" weightage="20" keywordseo="additional-safety-measures">additional safety measures</keyword>.</li><li>Since March 25, the top court has been taking up matters through video conferencing and even after the restrictions were relaxed, it has decided to continue to take up cases virtually.</li><li>The seven-judge committee headed by Justice N.V. Ramana, in the last week of July, had told the Bar leaders that it is not inclined to resume open court hearing for the time being, and told them the committee will meet again after two weeks to examine the matter</li></ul> A committee of seven Supreme Court judges is inclined to begin physical hearings in at least two or three of its 15 benches as early as next week, said sources familiar with the development. The top court could also begin hearings with some additional safety measures. According to Shivaji M. Jadhav, president of Supreme Court Advocates on Record Association (SCAORA), the committee of seven judges, constituted by Chief Justice S.A. Bobde, met the Bar leaders on Tuesday and "is seriously considering to start at least 2-3 physical courts from the next week". Since March 25, the top court has been taking up matters through video conferencing and even after the restrictions were relaxed, it has decided to continue to take up cases virtually. The seven-judge committee headed by Justice N.V. Ramana, in the last week of July, had told the Bar leaders that it is not inclined to resume open court hearing for the time being, and told them the committee will meet again after two weeks to examine the matter. "I may also add that the physical courts are in addition to virtual courts and people would have the option to do virtual hearing as well. Matters from the final hearing list published before the lockdown would be listed before the physical courts. A final decision would be taken by the Hon'ble Judges committee in a day or two", said Jadhav. He added that in the meantime the Registry would take necessary steps to prepare the courts for physical functioning. The judges' committee met Bar leaders such as Bar Council Chairperson Manan Kumar Mishra, Supreme Court Bar Association President <keyword id="276004" type="PERSON" weightage="20" keywordseo="Dushyant-Dave">Dushyant Dave</keyword> and <keyword id="185208" type="PERSON" weightage="20" keywordseo="Shivaji-Jadhav">Shivaji Jadhav</keyword> to discuss the process to resume physical hearings in the apex court. In June and July, the judges' committee did not agree to the demands of various lawyers' associations to resume regular courtroom hearings, and instead said that it will review it later. <keyword id="9751392" type="PERSON" weightage="20" keywordseo="justices-ramana">Justices Ramana</keyword>, Arun Mishra, Rohinton Nariman, U.U. Lalit, A.M. Khanwilkar, D.Y. Chandrachud and L.N. Rao are on the committee set up by the Chief Justice to examine the issues connected with the resumption of physical hearings. SEE ALSO: <a href="https://www.businessinsider.in/politics/world/news/trump-was-rushed-from-the-briefing-room-by-secret-service-after-a-shooting-outside-of-the-white-house/articleshow/77474005.cms">Trump was rushed from the briefing room by Secret Service after a shooting outside the White House</a> <a href="https://www.businessinsider.in/careers/news/mckinsey-facebook-amazon-nokia-and-some-other-companies-looking-for-a-product-manager-right-now/slidelist/77464438.cms">McKinsey, Facebook, Amazon, Nokia — and some other companies looking for a product manager right now</a> <a href="https://www.businessinsider.in/business/startups/news/how-karan-bajaj-sold-his-less-than-18-month-old-startup-white-hat-jr-to-byjus/articleshow/77415329.cms">A WhatsApp message, six weeks of talks and a $300 million deal – how Karan Bajaj sold his less than 18-month old startup White Hat Jr to Byju’s</a>

Supreme Court likely to begin physical hearing in some courts from next week

New Delhi, Sep 5 (IANS) At a time when the noose is tightening on actress Rhea Chakraborty in a much-talked-about drugs case, controversial Bollywood actress Mamta Kulkarni, wife of narco kingpin Vicky Goswami, is seeking a clean chit in a Rs 2000-crore international drug cartel scandal. Kulkarni has been named a co-accused along with Nairobi-based drug lord Goswami, in a case registered by Thane police under the Narcotics Drugs and Psychotropic Substances Act which relates to manufacture of drugs such as ephedrine and mandrax. Last week, a division bench of the Supreme Court, comprising Justice Rohinton F. Nariman and Justice Navin Sinha directed the Bombay High Court to expeditiously take up the case of actress Kulkarni, who had filed a petition for quashing of FIR registered against her. She had been living in Nairobi with Goswami, who was arrested and extradited to the US by its Drug Enforcement Administration(DEA).Last year, the DEA filed a report in Southern District Court of New York on July 25 in which it mentioned the name of Dawood Ibrahim aide Vicky Goswami, husband of Bollywood actress Mamta Kulkarni and Ali Punjani, ex-husband of another Bollywood star Kim Sharma. Sources said that Vicky Goswami, a small time bootlegger in Ahmedabad, introduced 'mandrax' to Bollywood parties in the 1990s. Once Dawood Ibrahim escaped to Karachi in 1993, the drug cartels in India's crime and financial capital were handled by Goswami on behalf of the D-company. Gradually, heroin, cocaine, and curated marijuana was also being smuggled into the party circuit. Later, Goswami got close to Mamta Kulkarni, and reportedly married her. The couple migrated to South Africa and later to Kenya from where they remote controlled the drug cartels in India. A 2016 report of Thane police, investigating a case relating to the supply of party drugs to Kenya, reveals that Dawood aide Vicky Goswami, husband of Mamta Kulkarni, was sentenced by a Dubai court on charges of peddling drugs. In 2013, after being released from prison, Goswami shifted base to Kenya where he came in contact with Ali Punjani. The report says that Goswami also approached one Indian Dr Bipin Panchal. In Mombasa, a meeting was held between Dr Panchal and Goswami in which Dr Panchal assured Goswami he will arrange supply of ephedrine from a pharmaceutical company in India. The consignment would then be taken to Uganda where it would be turned into methamphetamine, a party drug. Reacting to Mamta Kulkarni's efforts to seek a clean chit in an international drug scandal originating from Thane, well-known Supreme Court advocate Ajay Agarwal told IANS that at a time when country's top investigative agencies are focusing on the Bollywood-drug cartel nexus, inaction or a clean chit to Kulkarni would sent out the wrong message to the country. "I would oppose quashing Mamta's FIR, as she was involved with her husband in global drug trafficking. Goswami is a drug lord. He worked for Dawood Ibrahim and Chhota Rajan. He also worked with other members of the global drug mafia. Law enforcing agencies should deeply investigate the role of Goswami and Kulkarni in drug smuggling which has affected our film Industry. Sushant Singh Rajput's mysterious death is the most glaring example of the drug usage scenario in the film Industry," said Agarwal. --IANS ds/ash

As noose tightens on Rhea, Mamta Kulkarni seeks clean chit in global drug racket scandal (IANS Special)

<ul><li>India's Supreme Court ruled status quo on the sale of Essar Steel to ArcelorMittal. </li><li>Essar Steel's lenders had appealed against the verdict of National Company Law Appellate Tribunal. </li><li>The NCLAT verdict had put banks at par with other suppliers who were owed money from the bankrupt Essar Steel. </li><li>ArcelorMittal had offered ₹42,000 crore to Essar Steel's lenders and promised to invest another ₹8,000 crore in the company. </li></ul> The <a href="https://www.forbes.com/profile/lakshmi-mittal/#284bbf8b191e">$12 billion Lakshmi Mittal</a>, chairman of ArcelorMittal, has been fighting to take over Essar Steel for over two years now. Finally, in June 2019, it's $6.1 billion bid for the bankrupt steel company, owned by the Ruia family, was approved by a lower court but the Supreme Court of India has put the proposal on hold once again. A bench headed by Justice Rohinton F. Nariman admitted the appeals by Essar Steel lenders and ArcelorMittal challenging the order of the National Company Law Appellate Tribunal (NCLAT). The share price of ArcelorMittal jumped over 3.7% in trade in Amsterdam. The court said it will conduct detailed hearing on the contentions made in the appeal and also look into the issues emerging from the verdict after two weeks. ArcelorMittal had offered ₹42,000 crore to Essar Steel's lenders and promised to invest another ₹8,000 crore in the company. Banks were hoping to get a lion's share of the money for what Essar Steel had owed them but then the NCLAT order had put the banks at par with other suppliers of the company at par with the suppliers with unpaid dues. Essar Steel is under a debt of ₹30,030 crore to financial creditors and ₹11,969 crore to operational creditors. The tribunal has asked the committee of creditors to engage professional firms to finalise the exact amount to be distributed among each operational creditor. In the case of Essar Steel, the operational creditors include energy companies Indial Oil, ONGC, NTPC, BPCL, and GAIL. Both the banks and the suppliers would have received 60% of the dues. However, the standoff between the lenders and the vendors has not landed in the Supreme Court putting on hold steel tycoon's bid for the bankrupt Essar Steel once again. SEE ALSO: <a href="https://www.businessinsider.in/indian-banks-are-recovering-over-1-5-times-as-much-money-under-the-ibc-but-its-still-painfully-slow/articleshow/69323112.cmshttps://www.businessinsider.in/indian-banks-are-recovering-over-1-5-times-as-much-money-under-the-ibc-but-its-still-painfully-slow/articleshow/69323112.cms">Indian banks are recovering over 1.5 times as much money under the bankruptcy code — but it's still painfully slow</a>

ArcelorMittal's $6.1 billion bid for Essar Steel is on hold again

(Photo Source: pxhere.com) <ul><li>Chartered accountants in India could reportedly face action who bring ‘disrepute’ the profession even outside work </li><li>CAs may lose their license in case they are found guilty of misconduct. </li><li>According to Supreme Court ruling, CAs could be penalised regardless of whether the misconduct was work-related. </li></ul>Professional or other misconduct even outside work could have severe consequences for India’s chartered Accountants, according to a recent ruling by India’s Supreme Court. Additionally, CAs could be stripped off their professional licence, effectively banning them from work as per the ruling, Economic Times <a href="https://economictimes.indiatimes.com/news/politics-and-nation/donning-cas-hat-means-being-an-accountant-be-accountable-24x7/articleshow/66817162.cms">reported.</a> “A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term not exceeding six months or brings disrepute to the profession or the Institute as a result of his action whether or not related to his professional work.” the Supreme Court said in its <a href="https://www.consultease.com/supreme-court/order-council-icai-vs-sh-gurvinder-singh/#.W_4sjmgzbIU">judgment </a>dated 16 November. Even drinking and driving or creating a public scene that disgraces the accounting profession could potentially amount to disciplinary action, according to the ET report, which cited Manoj Fadnis, former president of Institute of Chartered Accountants of India (<keyword id="6364696" type="UNKNOWN" weightage="20" keywordseo="ICAI">ICAI</keyword>) said. The decision came when a Supreme Court bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha was hearing a case related to an earlier high court judgment involving the Institute of Chartered Accountants of India (ICAI), which had earlier initiated proceedings against a CA, <keyword id="121229" type="PERSON" weightage="20" keywordseo="gurvinder-singh">Gurvinder Singh</keyword>, who was accused of <a href="https://www.consultease.com/supreme-court/council-icai-vs-sh-gurvinder-singh-supreme-court/#.W_4l22gzbIU">misconduct</a> in a matter related to the accused “transferring 100 shares” in this own name. While the ICAI council and Gurvinder Singh had settled the case between them, the disciplinary committee found that Singh’s conduct was “derogatory in nature and highly unbecoming.” Further details of the case weren’t disclosed. The Supreme Court bench overturned the high court ruling, saying it had not correctly appreciated the Sector 21(3) of Chartered Accountants Act 1949, under which ICAI could enforce disciplinary action in case an accused was guilty of a civil or criminal offence that carried a punishment under the <keyword id="75223" type="ORGANIZATION" weightage="20" keywordseo="Indian-Penal-Code">Indian penal code</keyword> of less than six months.

Chartered accountants in India may lose their license for misconduct even outside work

The <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> said the order by the Telecom Regulatory Authority of India (<keyword id="6356988" type="PERSON" weightage="20" keywordseo="TRAI">TRAI</keyword>) asking telecom service providers to pay for <keyword id="6395111" type="UNKNOWN" weightage="20" keywordseo="call-drops">call drops</keyword> was unreasonable and struck it down. 
 
Justice Kurian Joseph and Justice Rohinton Fali Nariman said the TRAI notification was unreasonable, arbitrary and non-transparent. 
 During the hearing, the <keyword id="6379816" type="UNKNOWN" weightage="20" keywordseo="Telecom-operators">telecom operators</keyword> said TRAI decision was a populist measure to accommodate consumers as call drops were happening for host of external considerations not attributable to them. 
 
The TRAI argued that the penalising for call drops was the least invasive way to deal with the issue and the telecos were making money from it. 
 
Meanwhile, the Apex Court has asked the Indian government to make a law on call drops similar to those in the US. 
 
The Cellular Operators' Association of India had approached the court challenging the Delhi High Court order which had upheld TRAI decision. 
 
(Image: Thinkstock)

Telecos will not compensate for call drops as Supreme Court strikes down TRAI order

Indian citizens across the country can now post on social media sites without fear! In a landmark judgment today the country’s top court, the Supreme Court of India struck down the draconian Section 66 A of the IT Act in its entirety. 
 
The apex court, in one of its lengthiest judgments ever termed the law as ‘unconstitutional’ and said it was ‘fringing on the public’s right to freedom of speech and right to information’. The judgment delivered by Justice Rohinton Nariman in two parts said that the section was ‘vague’ in its wording and mere ‘assurances from the government that the act won’t be misused’ won’t be enough to let it remain functional. 
The judgment also said that ‘governments can come and go, but we can’t merely act on the government’s assurance of not misusing it’. 
 
The law that came to being in 2008, has in the past few years been abused multiple times by political parties across the board, as well as parties of ruling coalitions at the State and Centre. A few years ago, two sisters were put behind bars, for posting on Facebook their dissent of the road jams created by the funeral procession of Bal Thackeray. Recently an eleven year old boy was jailed for a Facebook post. There have also been several instances when the ruling government at the Centre has directed social media companies such as Facebook, Twitter and Youtube to pull down content that the ‘government’ termed offensive, under this very section of the IT Act. 
 
So, what does this decision then mean for the public at large? It means that the Government or any ruling political party or even the police will not be able to arrest and put behind bars any individual in India , basis what he/she posts on any social media forum or views he/she choses to send to acquaintances via email. 
 
This judgement also diffuses the government’s powers to a great degree concerning orders to remove so called ‘objectionable’ content from social media sites and other websites. In fact the apex court today made it very clear, that while the government has the right to seek removal of ‘objectionable’ content from a website, it can however, be implemented only via a court order. In other words, whenever the government wants any content removed from any website, it will first have to appeal in the relevant court, and only basis a court order directing the website to remove the ‘content’, will the government’s desires be fulfilled. 
 
This in effect has a wide ranging impact, given how recently the furor over comic group All India Bakchod’s controversial ‘Roast’ of Bollywood stars Ranveer Singh and Arjun Kapoor, was forced to be pulled off YouTube, after the ruling Maharashtra government cited the content as ’vulgar’ and objectionable’. Henceforth, any such event will have to be first contested in the court, and the court’s decision alone will be able to ensure that the content is removed. 
 
This decision by the Supreme Court, obviously has garnered huge praises from all quarters, including the main petitioner in the case, Shreya Singh, who said, ‘It’s a big victory. The Supreme Court has upheld the rights of the citizens, since internet today has a far reaching impact. It has been misused by all political parties, be it BJP or Congress or any other political party.’ She further said, ‘I am not advocating that it is right for anyone to defame someone. All I am saying is that no one should fear posting anything online for the fear of being put behind bars.’ 
Top corporate lawyer, Mahesh Agarwal too welcomed the decision saying, ‘Striking down section 66A of the IT Act is a step in the right direction. It sends a message to one and all that we are a liberal and fair society. Freedom of speech and expression is respected and guaranteed in India without any harsh consequences.’ 
 
(Image Courtesy: Hindustan Times)

You Searched For "rohinton nariman" and got 10 results

Legal doyen and veteran advocate Fali S Nariman passes away at 95

PTI

Supreme Court grants interim bail to comedian Munawar Faruqui

IANS

Section 377 verdict: What’s next for India?

Prabhjote Gill

Almost nine months later, Future Retail-Reliance deal continues to hang in balance as Supreme Court stays further proceedings with Amazon

Sanchita Dash

Supreme Court likely to begin physical hearing in some courts from next week

IANS

As noose tightens on Rhea, Mamta Kulkarni seeks clean chit in global drug racket scandal (IANS Special)

IANS

ArcelorMittal's $6.1 billion bid for Essar Steel is on hold again

Sriram Iyer

Chartered accountants in India may lose their license for misconduct even outside work

BI India Bureau

Telecos will not compensate for call drops as Supreme Court strikes down TRAI order

BI India Bureau

Now post on social media without fear! Supreme Court strikes down the vastly abused, draconian Sec 66A of IT Act

Debdatta Das

Popular Keywords

Buying Guides