Tuesday, December 01, 2015

NATURE IS ASYMMETRICAL

The debate about gay rights is again heating up. The present Finance Minister, previous Home Minister have come out openly in its support and a prominent Congress MP has tweeted that he has moved a private member’s bill to decriminalize consensual sex between adults of any gender (partial amendment of section 377 Indian Penal Code).

In early 1990's I had written an article in support of gay rights. It was an inter disciplinary study, connecting gay rights with conservation of parity and Right-Left Symmetry. It also dealt with the Wolfendem Committee; its recommendation for decriminalisation of Homosexual behaviour in England and similar laws in other parts of the world. But it was not published by any magazine or newspaper - the idea was too bold for those times. Then it was published in my book 'A Lawyer's World and Childhood dreams'. Here it is, after updating the contents since then.

The article deals with Law as well as physics. Not many are interested in details about both fields. But in case you are, in any one or both of them then details are in the Endnotes.  


Wednesday, November 04, 2015

SUGGESTIONS FOR IMPROVING COLLEGIUM SYSTEM

Here are some suggestions that the Supreme Court should consider for improving ''Collegium System'.
Picture courtesy - Offcial website of the Supreme Court

Friday, August 21, 2015

NIGHT DRAMA THAT SUCCEEDED

Kalyan Singh was the Chief Minister of Uttar Pradesh and Romesh Bhandari was the Governor. He,  illegally dismissed the Kalyan Singh Government on 21st February, 1998.  A writ petition was filed the same night and he was reinstated. This is the only time that the a deposed head of a State was put back in saddle by the court. Here is the account of the same. 

Raj Bhavan Lucknow, where impugned order was passed - courtesy official website of the Raj Bhavan
The writ petition at the Allahabad High Court was filed in the name of Dr. NKS Gaur, an MLA from Allahabad North and Minister of Higher Education in UP, but for the sake of convenience, the case is referred as 'the Kalyan-Singh case'.  

During my tenure as a judge, it has been matter of speculation/ complaint how I became Additional Advocate General and why was this case entrusted to me. This is explained in Appendix-I to this article. In order to complete the picture, Romesh Bhandari's perspective is mentioned in Appendix-II.

Friday, July 31, 2015

A LAWYER'S DUTY

Yakub Menon - picture courtesy Wikipedia
Yesterday, on my way to the Supreme Court, my driver asked me a question, echoing the popular sentiment―should the lawyers do what they did to save the life of Yakub Menon, a terrorist. Here is my take on this. 

Saturday, July 04, 2015

IT MEANS WHAT I CHOOSE IT TO MEAN

    Charles Lutwidge Dodgson, a shy Oxford don in Mathematics, loved children; especially Alice, the one with the haunting eyes. On a summer afternoon in 1862, he took her and her two sisters for a rowboat ride. They quipped 'what is a rowboat ride without a story' and  Dodgson told them a story about a young girl, who falls through a rabbit hole into wonderland. This young girl was Alice herself. 

On insistence of Alice, Dodgson penned it down and illustrated it titling 'Alice's Adventures Under Ground'. It was presented to her on 24 November 1864 as a Christmas present, dedicating it as 'A Christmas Gift to a Dear Child in Memory of a Summer's Day'. 

This week in 1865, a  hundred and fifty years ago, the story was published by Macmillan under pen name of Lewis Carroll with the title 'Alice's Adventures in Wonderland' (commonly shortened to 'Alice in Wonderland'). It sold 160,000 copies and provided Dodgson with such a comfortable living that he asked Christ Church to reduce his salary. 

The original manuscript by Dodgson was auctioned by Alice in 1928 for 15,400 pounds ($75,000 US) to an American collector, who resold it for $150,000.  In 1946, it was auctioned again and was purchased by the Library of Congress and was presented back to British people and is now kept in the British Museum. 

The novel is not only most quoted book in the business world but in the legal world as well. Lord Atkin referred to conversation between Alice  and Humpty-Dumpty from the book in his classic dissent in Liversidge Vs Anderson  1941 (3) ALLER 338 (the Liversidge case). This annoyed Lord Simon, the then Chancellor. The article below is about this case; it also mention how Lord Atkin had used the conversation, what heart burning it produced, and answer of Lord Atkin to Lord Simon.

The majority opinion was heavily relied uppon in ADM Jabalpur Vs Shiv Kant Shukla AIR 1976 SC 1207 : (1976)2 scc 521: 1976 UJ (SC) 610: 1976 Cr LR (SC) 303: 1976 CrL J 1945 (SC) (the Habeas Corpus case), where majority of our Supreme Court wrongly held that writ of Habeas Corpus was not maintainable during emergency.
This is a painting by William H Bond National Gepgraphic Creative. It is taken from the this page, where more details as to how book was written can be read. 

Thursday, June 25, 2015

INDEPENDENT INDIA'S DARKEST PERIOD

It is first post of the series 'It Lies In The Heart'.

Internal emergency was imposed 40 years ago. My father VKS Chaudhary was first detained under DIR then under MISA. He was released after emergency was lifted. Here are some lessons from that time.
My father, VKS Chaudhery, was detained during emergency. He was released after emergency. Here he is being brought after he was released from jail.

Sunday, June 07, 2015

RAJJU BHAIYA AS I KNEW HIM

Father of the  author and Rajju Bhaiya - sharing an intimate moment
Professor Rajendra Singh (29.01.1922 – 14.07.2003), or Rajju Bhaiya as he was known, was fourth (from 1994 to 2000) Sar-Sangh Chalak (chief) of Rashtriya Swayam Sewak Sangh (RSS). He was with the Department of Physics, University of Allahabad. He was one of the finest  teachers to have walked in the corridors of the University. However, he left the University in mid 1960's and dedicated his life to social work.  

Monday, March 16, 2015

HITLER’S GHOST WILL HAUNT

Justice Kunwar Bahadur Asthana
Justice Kunwar Bahadur Asthana was the Chief Justice (1974-77) of the Allahabad High court during the emergency. It was because of him that the Allahabad High Court could withstand the onslaught of the emergency. He died on 23rd December 1998. This article was written at that time and is a tribute to him.

AMU Case - Sixth & seven (a)th Point

In 1981, amendments were made in the Aligarh Muslim University Act broadly providing the University to mean the educational institution of t...