Chatter #15: Essential Legal Bytes (AAP Goons, Indian Constitution, Double speak, Trademarks, States and Supreme Court)

Desh Kapoor -
Photo by Zetong Li / Unsplash
“The world is indeed full of peril, and in it there are many dark places; but still there is much that is fair, and though in all lands love is now mingled with grief, it grows perhaps the greater.” ― J.R.R. Tolkien, The Fellowship of the Ring

VACATION NOTE: After a long time, we will take a break for a vacation during the long weekend.  This weekend's email will not come through.  Meanwhile, wanted to share this link with commentaries on the verses in the first Chapter, I had written over a decade back.  Please read through these in the meanwhile.  If you find this useful, then I can attempt the subsequent chapters.

Thoughts on Bhagwad Gita - Drishtikone
DrishtikoneDesh Kapoor

1. Part of goons

Contrary to what the jokers at AAP say, the fact is that its goons like Satyendar Jain have masterminded money laundering.  Now, even the Delhi High Court has called it out.

Former Delhi cabinet minister Satyendar Jain is the "conceptualizer, visualizer and executor" of the entire operation through which money has allegedly been laundered, the Delhi High Court observed.

Read the article and think about it when you listen to Arvind Kejriwal next time as he eulogizes Jain again.

Satyendar Jain is visualiser, conceptualiser and executor of entire money laundering operation: Delhi High Court in order denying bail
Former Delhi cabinet minister Satyendar Jain is the “conceptualizer, visualizer and executor” of the entire operation through which money has allegedly been lau
Bar and Bench - Indian Legal newsPrashant Jha

2. What saves India's Constitution?

When Constitution makers started writing the Indian Constitution, they began with a dim view of the people in whom they were to vest the power to rule themselves.  Ambedkar famously said:

“Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic.“

Contrary to the rather narrow views of Ambedkar, the fact is that Dharma is the reason why democracy is alive in India.  And finally someone says it the way it is.  Justice Swaminathan of Madras High Court.

"Constitution is the ultimate for everyone. If the Constitution has to remain the same, the demographic profile that existed at the time of its (the Constitution's) formation must remain unaltered. Only if the demographic profile remains the same, will the Constitution remain the same. If the demographic profile changes, the Constitution will perish," Justice Swaminathan said.

If the demographic in the country changes, you don't need to speculate how India will be.  In India vs Pakistan you have a perfect Social Laboratory experiment - "All things being equal change just one variable and see the results."

Constitution will cease to exist if country’s original demographic profile altered: Madras High Court judge Justice GR Swaminathan
The Constitution of India will cease to exist if the country’s demographic profile that existed at the time that the document was drafted, is altered, Madras Hi
Bar and Bench - Indian Legal newsAyesha Arvind

3. Judicial Double Speak

Supreme Court justices are a bunch of double-speaking bunch.  Let us simply out the stuff here for you to make your own idea.

CJI was mad at the media for criticizing the judiciary and judges.  Aww, that's cute. He wants the media to desist from "media trials" and that lovely word of democracy.  One can see he stopped short of banning certain media houses.

CJI DY Chandrachud Expresses Concern At Selective Quoting Of Judges’ Speeches & Judgments By Journalists
The ChiefJustice of India on Wednesday raised alarm about the ’sel
Live LawAwstika Das

But oh when any idea rumored about any media house "being banned", CJI gets all up in arms.

‘Denying security clearance to a Media Channel for critical views has ‘chilling effect’ on Press Freedom’: Breakdown of Supreme Court’s Media One Verdict | SCC Blog
In a case where the Union Ministry of Information and Broadcasting had revoked the permission granted to Madhyamam Broadcasting Limited (MBL)
SCC BlogPrachi Bhardwaj

And then dissent becomes critical to democracy.  Of course that discourse should steer clear of his ilk! LOL

Justice DY Chandrachud: The pleasant voice of dissent in the Supreme Court

4. Trademark infringements

In India trademarks infringement is real.  It is quite common for stores or businesses in small towns to have names based on large corporations.  

Delhi High Court Grants Permanent Injunction to Google LLC and Awards Rs. 10 Lakh Damages in Trade Mark Infringement Case
The Delhi High Court while adjudicating a case wherein Google LLC was adversely affected by the defendants’ actions of
Legal EraLegal Era

5. Herding the States

The Indian judiciary is all over the place.  Irrespective, the fact is that High Courts in the states should NOT be subservient to the Supreme Court.  They are the law in their states.  The Supreme Court, however, does not believe so.  And it comes out in this communique as well.  Why would the Supreme Court want to herd the State courts into one ideological stand?

Supreme Court judge perturbed over inconsistency in views of High Court Benches, indiscipline of AoRs - India Legal
Supreme Court judge perturbed over inconsistency in views of High Court Benches, indiscipline of AoRs
India LegalIndia Legal