With the Indian administration slowly and steadily opening up the Indian economy, the question that arises is the fact that has the threat really gone away? The answer is a big NO. With many reports and studies suggesting that the peak in India still hasn’t arrived, the threat is very much there. What I feel is that government of India have to make sure that people don’t put their guard off against the fight with Covid19 virus. People should not venture out unnecessarily and should stay safe at home and the employer should make sure that if not too important, work from home should be encouraged.

The fact of the matter is that the government will slowly open up everything because the government needs to make the economy run. But the people need to understand and follow the SOP’s laid by the government for protecting the lives of everybody. The people first need to understand that the virus is still there, so avoid going to relatives houses for whatever occasion it be, be it some festival or some casual get together. The people of the country need to understand that India is a country where festivals are celebrated throughout the year and people celebrate festivals with their family members and relatives, but this year isn’t the same as previous so many years. With the pandemic still not reached its peak, its better for the people to understand that if they celebrate the festivals at their home, it will be safe and better not only for them, but for others also. One year not celebrating with others and gathering around would make a huge difference in terms of the safety of the people. The first priority of people should be safety of themselves and others rather than celebrating. Celebrations should be done at home, not by going out for a party.

With the educational institutes closed, its pretty sure that the kids will be safe at home, but what about the adults? This needs to be taken into consideration while employers open up offices and call their staff members, making them risk the lives of their employees. So, in my view the employers need to make sure that their employees are given the option of working from home while the pandemic is going on. Also, the people of the country need to understand that going out for long drives at this time when the whole world is battling a pandemic, isn’t the right option. Even if you wear a mask, various studies have termed that just wearing a mask can’t help you be safe from the virus. We have seen many political personalities getting coronavirus positive eve when they are out doing their duties wearing masks, so to have an argument saying you are going out while wearing a mask is totally baseless according to me.

In the end, I would like to say that the virus as stated by WHO is here to stay, so make sure that you are following all the guidelines and SOP’s laid down by the government, making sure that going out of your home unnecessarily would mean making yourself and others around you in a place of danger of carrying the virus. That’s why STAY HOME, STAY SAFE.

A life for a life, water is a very essential part of our life, without it there is
no survival of any humans. Drowned Out is a 2002 documentary by Franny Armstrong about
family’s standing against a government dam project which is set to destroy their home and their
village.
The villages of Jalsindhi, in Madhya Pradesh on the banks of the
Narmada River, lived a fulfilling life. With the holy water of Narmada they enjoyed fertile
agriculture and fruitful meditational herbs. The place not only provided them employment but
was a bearing home for many. This utopian was only short lived, with the introduction of Sardar
Sarovar Project laid out by Prime Minister Jawaharlal Nehru on 5 April 1961. Their dreams
shattered and they were remained stranded.

The Sardar Sarovar Project is one of the largest dams in the world. It is a
gravity dam on the Narmada River near Navagam, Gujarat in India. Four Indian states, receive
water and electricity supplied from the dam. The project took form in 1979 as part of a
development scheme funded by the World Bank through their International Bank for
Reconstruction and Development, to increase irrigation and produce hydroelectricity,
The construction of the dam was a very ambiguous matter it was
simply a communication gap of ideas among government and the common people. Government
provides them no viable alternatives – they offered unusable unfertile land a hundred miles away
or a small sum of money in compensation for their river-side land. They lost their livelihoods
and way of living. Some people were just left on the banks of the river without any shelter to
cover. This angered the people, they started hunger strikes, rallies, and a six-year Supreme Court
case got issued. Arundhati Roy became an active spokesperson behind this people.
In May 2002, the Narmada Construction Authority gave clearance
for the dam to be built up to a height of 95 meters. At this height, there are 8,000 families who
will be submerged and not yet have been resettled. Humans are just killing humans not because
they don’t have a voice but simply because they are poor. It’s costing their lives. People are
getting drowned out to save other families, but who will think about their own family?

It is said that the Narmada River is sacred to the people of India; legend has it that while one
must bathe in the Ganges River to purify the soul, and one need only look at the Narmada River
to get the same healing. The same Narmada cannot be so cruel to mercilessly kill people.
Governments should have been more careful while they had implemented a project; they would
not have been so much of lost of life if a clear framework was prepared beforehand. The life of a
human is precious and no one has the right to take it!
As monsoon season approaches, we do not know whether it is the ending of the last civilization
of the bank, we don’t know the story yet? Will the houses survive or will Narmada gulp them
with the water?
Whatever the ending be, we won’t run away from our home, we will drown, but we will not
move.

Throughout the entire existence of humanity social structures, customs, generalizations and frames of mind about ladies and their job in the public arena, they become especially defenceless against specific wrongdoings. Fundamentalist bunches frequently focus on controlling ladies, utilizing social contentions against ladies’ privileges. Also, most ladies in creating nations are ignorant of their fundamental human rights. It is this condition of numbness which guarantees their acknowledgment and, thus, the propagation of unsafe conventional works on influencing their prosperity.

This subject has not been thoroughly examined yet we realize that from the beginning of time, ladies in different landmasses of the world have been considered as the physically flimsier sex. Wrongdoing against ladies is affirmation of predominance over them and originate from the baser impulses of society. It not just speaks to the more noteworthy physical quality of men over ladies yet additionally appears as the attestation of strength of influence and of wealth over the ladies of the less fortunate classes. In current situation some humiliation includes Female genital mutilation and son preference (Female Infanticide and Foeticide).

Female genital mutilation involves the partial or total removal of the external female genitalia for non-medical purposes. It interferes with the natural functioning of the body and has no known health benefits. FGM is regularly done on little youngsters, from new born children to teenagers as old as 15 years old. Every so often it is done on grown-up ladies. It is hard to acquire precise data on the greatness of FGM, yet as indicated by the WHO, somewhere in the range of 100 and 140 million young ladies and ladies around the globe have just experienced some type of the training. As indicated by the WHO, female genital mutilation is rehearsed in at any rate 28 nations in Africa and is generally broad in the Sahel and the Horn. It is polished for a wide range of socio-social reasons. Regularly the individuals who practice it call attention to that it is established in neighbourhood culture and has been passed starting with one age then onto the next. In reality, inquire about recommends that ethnicity and the act of FGM are firmly connected. In other communities, the practice is seen as necessary to ensure marital fidelity and to prevent “deviant” sexual behaviour. The most immediate consequences include death and the risk of death from haemorrhaging, and shock from the pain and level of trauma that may accompany the procedure. Heavy bleeding can be particularly life-threatening in a context of limited access to emergency health care. All types of FGM have numerous acute and chronic physical health consequences, including implications for reproductive health.

Moreover, female feticide is “a training that includes the recognition and premature birth of female hatchling because of the inclination for male children and from the low worth related with the introduction of females.” This should be possible at the command of the mother, father, or under family pressure. the selective abortion of female foetuses- and infanticide are largely responsible for this disparity. This marked gap between males and females has nationwide implications.  It is basically more costly to raise a female than a male, as the female youngster should be given an endowment upon marriage. It is broadly realized that expanded share instalments prompted the further decrease of the status of ladies. Ensuing upon the advances in therapeutic science, the end of undesirable kids, particularly female hatchlings through premature birth, has become basic in families to fulfil their inclination for children. Certain people group need to dispose of female kids as a result of dehumanizing neediness, joblessness, superstition, and lack of education. The inclination against females is additionally identified with the way that “Children are called upon to give the pay; they are the ones who do the greater part of the work in the fields. Along these lines’ children are looked to as a sort of protection.

Most women in creating nations are uninformed of their fundamental human rights. It is this condition of numbness which guarantees their acknowledgment and, therefore, the propagation of hurtful customary works on influencing their prosperity and that of their kids. In any event, when ladies obtain a level of financial and political mindfulness, they frequently feel feeble to realize the change important to take out sexual orientation imbalance. Enabling ladies is essential to any procedure of progress and to the end of these destructive conventional practices.

                                    According to Wikipedia Dalit means “broken/scattered” in Sanskrit and Hindi, is a term mostly used for the ethnic groups in India and Nepal that been kept depressed (often termed backward castes). Dalits were excluded from the four-fold varna system of Hinduism and were seen as forming a fifth Varma, also known by the name of Panchama.

If was popularise by the economist and reformer B. R. Ambedkar (1891-1956), who included all depressed people irrespective of their caste into the definition of Dalits.

In the 1900s Untouchable was considered so impure that any contact with them by a cast member would contaminate the member. The polluted person would have to bathe and wash his or her clothing immediately. The untouchables historically did work that no one else would do, like scavenging animals’ carcasses, leather-work, or killing rats and another pest. Untouchable could not eat in the same room as caste members and could not be cremated when they died. Dalits were segregated in housing, schools, and access to public services. The condition of untouchables was so bad that they were denied access to land, forced to work in degrading conditions, and routinely abused by the police and upper-caste members. As human being they have no legal or social right to protect themselves. Outcasts suffer caste-motivated killings, rape, and other kinds of psychological and physical abuse on a daily basis. At the time of Dr. Ambedkar Dalits were agonize discrimination in education, health care, housing, property, freedom of religion, free choice of employment, and equal treatment before the law.

In today’s date untouchability still exist in our community. As per the facts in 2001-2002 there was 58000 registered egregious abuse against Dalits and tribal. In the modern caste system, people born in specific castes were given more benefits, education was 100% reserved for them as backward classes were not allowed to gain an education, and also specific posts like priests, kings, ministers were reserved for the upper castes. These castes were rigid so that once a person is born in a specific caste he is given all the benefits that people of other castes do not get. Whereas, today seats are reserved for SC, ST, and OBC.  As the person born in a reserved community will enjoy the quota even if becomes prosperous and does not deserve it. Also, people from the general cast cannot get the favors of reserved category even if they are very poor. The people of lower caste are exploiting the government, as even they have basic necessities because of their caste, they take all the reservations and benefits which the economically backward people should get. Most of the minority people are rich and fortunate. High-class poor people do not have any right to ask the government any necessity, and the government would not even provide one as they belong to the so-called high class.

We know that untouchability still is a basic practice that exits in India, but many people are misusing the facilities. So many needy people are unable to get anything because of this practice. Humans should be treated equally and no blood relation will define how we should treat a human being in a social and legal manner Everyone should be accepted in society and no other human has the right to judge the other being. As per the reservation norms, they need to be relooked and reformed as per the current economic and social condition, otherwise, it will create some serious riot in the near future.

The day India burned is a documentary by BBC published on 14^th August, 2007. It basically deals with the partition of India and Pakistan.

Partition of India provides a good overview of the fateful events leading to that cataclysmic decision by the British and the catastrophic suffering of ordinary people caught in the crossfire of communal hatred.

 It described in detail British motivation for leaving India after world war 2 in a quick and face-saving number; the underlying distrust of Hindus and Muslims of each other despite centuries of living together; Muslim educational and economic backwardness relative to Hindus and their fear of Hindu domination in a united India; the failure of the march 1946 Cabinet Mission in Shimla on account of Nehru’s refusal to a agree to a decentralized subcontinent.

The beginning of the Hindu-Muslim communal riots with Jinnah’s call for direct action in Calcutta in August 1946; the desperate attempts made by Gandhi to effect Hindu-Muslim unity via appeal to their humanity; and the pressure exerted on most Princely States to agree to ascension to India.

It also describes: the manipulation of people by political leaders in the name of religion; the slaughter looting, raping and mayhem among different communities from forcible ethnic and religious cleansing; the horrific price paid by human for defending their honor.

The utter lack of governmental preparation for a mass migration of people; the needless human carnage caused by Mountbatten’s decision to expedite the planned partition; and the decline of hitherto culturally rich and cosmopolitan cities like Lahore by loss of other communities

According to my opinion this documentary is based on the story of those bloody months of 1947 through various testimonies of people who were forced to leave their ancestral homes after living together for centuries, despite all the religious disparities. The documentary also has some dramatized reconstructions which are sure going to surprise the youth who might not be knowing or have read much on the most unfortunate happening in the history of India.

To give an idea, it tells you how the British officials hurriedly took many major decisions disregarding the possible dangerous outcome in various regions of the country, especially Punjab. the well-directed film clearly shows cases that how it was earlier decided that the split will be there in the summer of 1948 after long negotiations between Lord Mountbatten, Mohammed Ali Jinhua and Jawaharlal Nehru. But then it was suddenly announced that the British empire would actually be granting the freedom a year ahead than planned in August 1947. It further reveals how the border line of this partition was drawn by a person, who had never been to India and knew nothing about the religious and cultural diversification existing in the country. Moreover, it also tells the fact that how numerous Hindus, Sikhs and Muslims were being slaughtered all over, since the British army was too small in numbers in front of the huge mobs and therefore couldn’t stop it well in time

The plague to humanity has killed many and has targeted rages in many minds which will take years to endanger and distortion.

Civil law is practised to uphold the individual’s private right and find suitable remedies for the violated rights. Civil law is classified into Contract, Tort, and Family Law. Criminal law is laws or rules created for the protection of the public against potentially serious crimes. Criminal offences are considered offences against the public. Criminal cases are punished by ordering fines, imprisonments or rehabilitation of the guilty or even death sentences. Criminal cases are always filed by the government as it is a crime against the public as a whole. 

 A tort is when a person defers from the conventional conduct and causes a disturbance or harms another person which leads to a civil action against the person causing the nuisance filed by the person who has been harmed.  There is a clear difference between tort and contract. The contract is understood as a legally binding document between two or more parties that consent and are obliged to follow the terms of the agreement.

 Contract law is rules are applied when two or more parties agree to enter into an agreement or contract; all parties in the agreement are required to respect the terms of the agreement. Any parties found to have broken the terms of the contract then they have committed a civil wrong and broken the contract. Whereas a tort is committed with or without the consent of the person. A tort is a duty that is imposed on the citizens. Thus it is a private right of an individual right of a person. A tort is a violation of a right in rem of a person which means that the right is available for the whole world. A contract is where two or more parties voluntarily sign a contract and are obliged to follow the terms of the contract. Any party who breaks any terms of the contract will be held guilty. A contract is the violation of a right in personam; the right is only available against a particular person or body. 

1. The first area of differentiation between tort and contract is seen in the consideration of consent. A contract is signed willfully by the parties and the parties mutually consent to respect the terms of the case. An act of tort is committed with or without the consent of the other person or party. 

• Tort arises from the rules and duties vested in man by law whereas contract occurs when the parties form rules created out of the contract. 

• A tort is a violation of a right in rem of a person which means that the right is available for the whole world. A contract is the violation of a right in personam; the right is only available against a particular person or body

• A contract cannot be signed by a minor and any contract signed by a minor is considered as invalid. A minority in age is considered as a good defence against the contract. In tort, a minor can be held responsible for the tort and can be made to pay for damages.

• In tort, the motive for breach of duty is considered as immaterial and cannot be used as a defence. In contract, the motive is considered. If the person violates the contract in good faith, then the plaintiff is not liable.

• The damages in tort are unliquidated and fixed after seeing the facts and situations of the case. The compensation in the contract is already determined by the terms and conditions of the contract.

• The damages in a contract are compensatory in nature whereas in tort they are compensatory as well as punishing in nature 

• The period of limitation in case of torts usually runs from the date when the damage is suffered and in the contract, the limitation starts from the breach of the contract 

                                                                                                  -SHUBHANKAR

Cricket is back and with the pandemic still going on, the new normal needs to be adopted and adopted well so that players play in a safe environment. With cricket played with the new norms, lets look at what the new changes would be and what affect would it have on the gentleman’s game. According to the new norms, the most affected format would be the test format, and this is the main format which has to make itself bloom again in this darkness. Why I’m saying darkness is because of the fact that test cricket needed a rejuvenation but with the pandemic hitting the world, test cricket could be again on the fringes.

Test cricket as all cricket lovers know is the best format and the most testing formats of all. This is the ultimate test for all players. But with the introduction of twenty twenty cricket and ODI format, most people have forgotten test cricket. They find it boring to play for 5 days. That’s why we in the last many years never saw too much of crowds in stadiums for test matches. With the players finding it not interesting, they came up and spoke about this issue openly in the media to encourage spectators to watch test cricket in stadiums, giving a natural lift to the players to give their 200% on the field. The change was starting to happen, with many spectators now going to watch test matches in the recent years. Especially when talking about the Indian crowds, they have lived upto the expectation of the current Indian Men’s cricket team captain Virat Kohli and come to watch test cricket in huge numbers whenever India plays, be it away or at home.

But now with the Covid19 restrictions in place, what it holds for test cricket is the fact that with restrictions on entry of people into the stadiums, will test cricket get the same reception back by the spectators? This question arises because according to the WHO this Covid19 virus is here to stay and with people not looking to risk their life at all, will cricket boards be able to bring back spectators for watching test cricket again in stadiums? The answer to this question could be instrumental in saving test cricket from fading away. The next thing which could harm test cricket and in particular the bowlers is the fact that saliva can’t be used to shine the ball. Those of who have played test cricket or are cricket enthusiasts know that saliva is one of the main weapons for a fast bowler to swing the ball as it helps in shining the ball. If the use of saliva is banned, which off course is now, the bowlers will face a lot of problem while they bowl in test cricket. The saliva ban will affect test cricket of all the 3 formats because of the fact that the red ball needs to be shinned more as test cricket is played for 5 days whereas in T20 or ODI cricket, its just a day’s game where swing doesn’t really have that much impact on the game and also with these two formats really fast paced and played with a white ball, the saliva ban would certainly not impact the shorter formats of the game.

In the end, I would want to say that whatever happens, I feel that test cricket is well and up and running and the people need to make sure that it stays there. Because cricket is nothing without a format of it, known as TEST CRICKET.

                                                                                                  -SHUBHANKAR

With the domestic seasons of Europe’s top 5 leagues over, the focus now shifts on the later stages of one of the most elite competitions in football, the UEFA Champions League. With the tournament in its later stages and with top teams in action, these will be one of the best matches to cover for the broadcasters as well as for the spectators. With the 1^st leg of the Round of 16 already played, the 2^nd leg will be a feast to watch on, with the quarterfinals at stake. So, here’s a brief look at what can be expected in the upcoming days in the premier tournament known as the UEFA Champions League.

The first day will say 3 heavyweights of the game in action in the 2^nd leg of the Round of 16. The Italian champions Juventus will take on Lyon, with surprisingly Lyon going with the lead into the 2^nd leg as they defeated Juventus 1-0 earlier in the 1^st leg between the two teams. Talking about the other fixture that day, it will be a spicy contest as two of the favourites to lift the trophy would lock horns, meaning one of the title contenders will surely be eliminated in the Round of 16. It is the game between Spanish Champions Real Madrid and English giants Manchester City. City go into the match with a 2-1 lead in the 1^st leg. This will surely be the match to look out in the Round of 16 remaining matches. The next day will see 4 top teams from different leagues around Europe clash among themselves for a place in the quarterfinals. The match will be played between German champions Bayern Munich and former English champions Chelsea. The other match will be played between Spanish giants Barcelona and the Italian underdogs Napoli.

Now let us discuss who have the best chance of being crowned the UEFA Champions League winner. The race is very tight and the top contenders for me looking at the recent form and the team composition, I feel Real Madrid and PSG are the top contenders for the Champions League crown this season, given their form and the team composition. Looking at Real Madrid, they will face a sergeant Manchester City in the Round of 16, with them trailing the former English champions 1-2, they would I feel overcome this match. After the lockdown, the Spanish champions haven’t lost any of the games, and with no major injury concerns and with their whole team in top form, including striker Karim Benzema, Real Madrid are certain to be in the final for sure, that’s how I see it. Talking about the other contender, that is the French champions PSG. PSG will come into the tournament on the back of winning a domestic treble already. The only little concern for PSG could be the injury to Kylian Mbaape, their main man and this could be a major blow to their hopes of lifting the Champions League this season.

In the end, I want to say that the 2019/20 season is still not over and the fireworks haven’t started yet. Once the Champions League starts, its all to play for.    

The Arbitration and Conciliation (Amendment) Act, 2015 grants the liberty to the parties to appoint an arbitrator mutually.

The Act provides that the parties are free to determine the number of arbitrators, provided that such number shall not be an even number. However, if the parties fail to do so, the arbitral tribunal shall consist of a sole arbitrator.1

The procedure in relation to appointment of arbitrator(s) is provided under Section 11 of the Act. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. The aforesaid section also deals with the contingency wherein the parties fail to appoint an arbitrator mutually. In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.

Before the appointment of arbitrator is made, the concerned Court or the person or institution designated by such Court is required to seek a disclosure in writing from the prospective arbitrator in terms of Section 12(1) of the Act and also give due regard to any qualifications required for the arbitrator by the agreement of the parties and the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator.

It may be noted that under Section 12(1) of the Act, an obligation has been cast upon the prospective arbitrator to make an express disclosure on (a) circumstances which are likely to give rise to justifiable doubts regarding his independence or impartiality; or (b) grounds which may affect his ability to complete the arbitration within 12 (twelve) months.

The purpose of this provision is to secure the appointment of an unbiased and impartial arbitrator.

Fifth Schedule to the Act (Annexure-A) contains a list of grounds giving rise to justifiable doubts as to the independence or impartiality of an arbitrator. The Seventh Schedule (Annexure-B) lays the grounds which make a person ineligible to be appointed as an arbitrator.

The Act provides that in an International Commercial Arbitration, an arbitrator of a nationality other than the nationalities of the parties may be appointed where the parties belong to different nationalities.

Expeditious disposal of application for appointment of an arbitrator(s) is emphasized by the Act and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party.

Choice of arbitrators:

Unlike court proceedings, in which generally parties have no input into the choice of judge for their case, the parties to an arbitration usually appoint, nominate, or at least have some input into the selection of the arbitrator(s). Most developed arbitration laws require that all of the arbitrators be impartial. However, a party can use its choice or input into the selection process to help ensure that, as far as possible, the tribunal will understand the commercial context, the relevant issues, and the party’s procedural preferences. The parties may agree upon certain criteria for the arbitrators, or for the presiding arbitrator, although they should take care not to narrow the field so far that there are difficulties in identifying potential candidates. In arbitrations with more than one party on either side, or where other parties might be joined in to the proceedings, maintaining the parties’ right to choose the arbitrators (rather than simply delegating the choice to an institution) can be particularly challenging. For example, if one party has the right to select an arbitrator but two parties on the other side cannot agree upon a joint selection, the latter could claim that they were not being treated equally. Careful consideration as to the means of appointing the arbitrators is therefore required in such multi-party scenarios.

Section 11 Appointment of Arbitrators:

(9) In the case of appointment of sole or third arbitrator in an international commercial arbitration, 2[the Supreme Court or the person or institution designated by that Court] may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.

Timetable V to the Act records the sort of relations between a mediator and a gathering/advocate/topic of the question, which may offer ascent to reasonable questions in regards to a referee’s freedom. Timetable VII to the Act records the sorts of relations between an authority and a gathering/advocate/topic of the contest, which would, despite any earlier understanding between the gatherings, disentitle an individual from going about as a judge, except if post emerging of questions, parties explicitly postpone such clash. Calendar V and VII (embedded vide the 2015 Amendment) can be supposed to be along the lines of the IBA Guidelines on Conflicts of Interest. A mediator can be tested just if conditions exist that offer ascent to legitimate questions with regards to his autonomy or fairness or in the event that he doesn’t have the capabilities consented to by the gatherings. Subject to any understanding, any test will be made inside 15 days of a gathering getting mindful of the constitution of the council or getting mindful of the conditions prompting the test. The arbitral court will settle on the test. The court has no job at that stage and if a test is dismissed, the arbitral council will proceed with the procedures and render its honor. It is available to the gathering provoking the mediator to take any unfair dismissal of challenge as a ground for putting aside the honor.

 So far, the courts were involved if parties were unable to agree upon a sole arbitrator or if the parties appointed arbitrators failed to agree on a third arbitrator (and there was no party agreed mechanism in place to make the appointment). After the 2019 amendment to the Act, the courts are left with no role in the aforesaid situations. Instead, the Supreme Court is to designate an arbitral institution to make appointments in relation to international arbitrations and likewise, the High Courts are to designate arbitral institutions to make appointments in relation to domestic arbitrations. The appointments thus are to be made by the designated institutions (and not by the courts). The Act clarifies that there is no delegation of judicial power by the Supreme Court or High Courts to the arbitral institutions and hence (any challenge to an appointment would remain subject to any final order by the courts).

 Criminal – Further investigation – Filing of charge sheet – Sections 156(3) and 173(8) of Code of Criminal Procedure, 1973 – First Information Report was registered against Appellants – Pursuant to filing of FIR, investigation was conducted, which resulted in filing of charge-sheet – Magistrate took cognizance and issued summons to Accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of Code – Application was filed by Accused No. 1 for further investigation under Section 173(8) of Code and for discharge, which stand rejected – Meanwhile, Application was moved by accused persons to register FIR, or for Magistrate to order investigation under Section 156(3) of Code – Revision applications were filed before Sessions Court, whereby Sessions Judge found that case had been made out for further investigation – Revisional application filed before High Court against said order, High Court held that Magistrate did not possess any power to order further investigation after charge-sheet was filed and cognizance was taken – Hence, present appeal – Whether, after charge-sheet was filed by police, Magistrate had power to order further investigation, and if so, up to what stage of criminal proceeding. Facts: An First Information Report was registered against the Appellants. Pursuant to the filing of the FIR, investigation was conducted by the police, which resulted in a charge-sheet being submitted to the Judicial Magistrate (First Class). The said Magistrate took cognizance and issued summons to the Accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of the Indian Penal Code, 1860. An application was filed by Accused No. 1 for further investigation under Section 173(8) of the Code and another application for discharge. The Magistrate dismissed the applications that were filed for further investigation and discharge. Revision applications were filed before the Sessions Court, whereby Additional Sessions Judge went into details of facts that were alleged in the application Under Section 173(8) of Code and found that a case had been made out for further investigation. The Criminal Revision Application was filed before the High Court against said order. The High Court held that Magistrate did not possess any power to order further investigation after a charge-sheet was filed and cognizance was taken. The High Court further found that the two interim investigation reports virtually acquitted the Accused persons, and therefore, the High Court set aside the judgment of the Second Additional Sessions Judge. Held, while disposing off the appeal: (i) It was clear that the Magistrate’s power under Section 156(3) of the Code of Criminal Procedure was very wide, for it was this judicial authority that must be satisfied that a proper investigation by the police takes place. To ensure that a proper investigation takes place in the sense of a fair and just investigation by the police-which such Magistrate is to supervise-Article 21 of the Constitution of India mandates that all powers necessary, which may also be incidental or implied, were available to the Magistrate to ensure a proper investigation which, without doubt, would include the ordering of further investigation after a report was received by him under Section 173(2) of Act and which power would continue to enure in such Magistrate at all stages of the criminal proceedings until the trial itself commences. Indeed, even textually, the investigation referred to in Section 156(1) of the Code of Criminal Procedure would, as per the definition of investigation under Section 2(h) of Act, include all proceedings for collection of evidence conducted by a police officer which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the Code of Criminal Procedure. [23] (ii) There was no good reason given by the Court in various decisions as to why a Magistrate’s powers to order further investigation would suddenly cease upon process being issued, and an Accused appearing before the Magistrate, while concomitantly, the power of the police to further investigate the offence continues right till the stage the trial commences. Such a view would not accord with the earlier judgments of this Court, in particular, Sakiri, Samaj Parivartan Samudaya, Vinay Tyagi, and Hardeep Singh, Hardeep Singh having clearly held that a criminal trial does not begin after cognizance is taken, but only after charges are framed. What was not given any importance at all in the recent judgments of this Court was Article 21 of the Constitution and the fact that the Article demands no less than a fair and just investigation. To say that a fair and just investigation would lead to the conclusion that the police retain the power, subject, of course, to the Magistrate’s nod under Section 173(8) of Act to further investigate an offence till charges were framed, but that the supervisory jurisdiction of the Magistrate suddenly ceases midway through the pre-trial proceedings, would amount to a travesty of justice, as certain cases may cry out for further investigation so that an innocent person was not wrongly arraigned as an Accused or that a prima facie guilty person is not so left out. There was no warrant for such a narrow and restrictive view of the powers of the Magistrate, particularly when such powers were traceable to Section 156(3) read with Section 156(1), Section 2(h), and Section 173(8) of the Code of Criminal Procedure, and would be available at all stages of the progress of a criminal case before the trial actually commences. It would also be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered was within the discretion of the Magistrate who would exercise such discretion on the facts of each case and in accordance with law. [38] (iii) Given the allegations in the communication made by the Commissioner of Revenue, to the Collector, it was found that this was not a case which calls for any further investigation into the facts alleged in the FIR lodged. Yet, having regard to what was stated by the Commissioner in the said letter, the police be directed to register an FIR qua these facts, which needs to be investigated by a senior police officer nominated by the concerned Commissioner of Police. [42] (iv) Therefore, set aside the impugned High Court judgment insofar as it states that post-cognizance the Magistrate was denuded of power to order further investigation. However, given that the facts stated in the application for further investigation had no direct bearing on the investigation conducted pursuant to the FIR, upheld the impugned High Court judgment insofar as it had set aside the judgment of the Second Additional Sessions Judge which had ordered further investigation, and also the consequential order setting aside the two additional interim reports. [43]

                                                                                                  -SHUBHANKAR

Be it batting, bowling, fielding or celebrating others success, when it comes to giving 100%, there’s none better than Suresh Raina. Yes, the left-handed master piece Indian cricket has produced. He was the 1^st Indian to score hundreds in all three formats of the game. His classy hundred on his test debut was a very special knock in the conditions the Indian team were in that match against Sri Lanka. He was also a part of the Indian team which won the 2011 World Cup as well as the 2013 Champions Trophy. He has been an instrumental part of the team, be it the Indian team or the Chennai Super Kings. The left-handed dasher from Uttar Pradesh is still one of the best fielders around the world, let alone in India.

A journey which started in 2005, it has been a journey of ups and downs. The contribution what Raina has made to the Indian team has been immense. But not all credit has been given to the man who in true terms is a selfless player. Some of his knocks have been very crucial to the Indian team victories. Be it those cameos in the semifinal against Pakistan in the 2011 World Cup or the all important cameo against the mighty Aussies in the Quarter Finals of the 2011 World Cup. If these knocks weren’t played, might have been possible that India could have not won the 2011 World Cup. But these knocks are never appreciated. Sometimes we look into records so much that we forget certain important knocks played at a very crucial time. The number at which Suresh Raina batted through out his career so far in the Indian cricket team is at number 5,6 or 7. At this number with a strong Indian batting lineup, rarely he would get a chance in the first 35 overs. Playing in the death overs, the only requirement is playing aggressively and in that players tend to get out quickly sometimes when trying to clear the boundary. But when the top order on certain days failed, he was the one with MS Dhoni who helped India get out of trouble and win the games. In the 2013 Champions Trophy, Suresh Raina didn’t had much to do with the bat but with his fielding he helped India reach the finals and in fact win the tournament. Those blinders at slip against Sri Lanka were very few of the many blinders taken by him throughout his career till now.

Not only for India, his role for Chennai Super Kings has been massive, in helping them win 3 titles so far. He is the 2^nd highest run getter so far in IPL. That’s why he has been given the title of MR.IPL. His batting has been very much criticized for the way he takes on the bowlers from the word go, but that’s the batting style which has resulted in his success. So, why would he change it? I think the criticizers must know that he has been performing his best for the team, be it while batting or bowling or even when fielding. In the end, I just want to say that with his performances in the domestic circuit and IPL, he would certainly make a comeback into the Indian team and perform his level best to make sure that the team gains and wins, not for his individual gains.