Upes Newsletter 3lk3p

VOLUME IV, ISSUE II & III (FEBRUARY - MARCH 2017)

College of Legal Studies

NEWSLETTER 1

COURTROOM DRAMA

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LAW AND BEYOND

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AS WE SEE IT

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BEYOND BAR & BENCH

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AROUND THE GLOBE

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OPPORTUNITIES

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KNOW YOUR FACULTY

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KNOW YOUR ALUMNA

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KNOW A LEGAL LUMINARY

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STUDENTS’ ACHIEVEMENTS

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CAMPUS NEWS

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FACULTY ACHIEVEMENTS

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GALLERY

Message from Senior DirectorOperations Hello friends! It has been an extremely fruitful time at the College of Legal Studies. The past year has seen the college grow by an enormous gravity both at the student level as well as in of public recognition, as a college of repute under the able guidance of Prof. (Dr.) Tabrez Ahmad. There has been such a robust growth and development, that it has been phenomenal. Our students have won over 100 National Awards over the past couple of years. What better way to reach out to the nation than to let the world know about the quality of education that is being imparted here at College of Legal Studies! No doubt CoLS has been ranked as 2nd amongst the Law Colleges in the Northern Region according to the survey conducted by the Global Human Resource Development Centre, New Delhi. Today, a career in law is extremely vivacious. As laws across the country and the globe get stringent in order to streamline the processes, lawyers become pivotal to the change. From environment to taxation, from share market to social health, from corporates to cyber security, lawyers have become a cornerstone of building hope around transparency and truth in the society. It is one of the most noble professions known to mankind but then conscience is extremely important for the development in of personal and career growth. CoLS has more than 8 different programmes to offer under the UG programme. With a wide range of disciplines under its aegis, it has been attracting students all across the country. The strength lies in the well qualified faculty that strengthen the quality of student output year on year. The College also has to its credit the success of conducting the Dr. Paras Diwan Memorial International ‘Energy law’ Moot Court Competition where participants from different states and countries come together and have a wonderful experience. The College of Legal Studies works non-stop throughout the year and it is the pro-active nature of all the people associated with the College that has led to its productivity and has helped emboss a very positive impression, of a place where dreams are given wings and quality professionals are created. My heartiest good wishes to Dr. Tabrez Ahmad and team for the hard work and wonderful outcomes, and I am hopeful and anticipating that the College shall reach even higher and truly live up to its name as the Nation Builders University. Mr. Sanjiv Zutshi Senior Director-Operations, UPES

Glimpse of students participating in National Competitions organized by CoLS, UPES

COURTROOM DRAMA Defamation Not a Crime – High Court of Kenya “Your freedom to act ends where my nose begins.” The above stated words are considered the very basis of democracy since time immemorial. However, the same belief was put to question when the Kenya High Court decriminalized defamation. Judge John M. Mativo who presided over the case said that consequences of defamation i.e. arrest, detention and 2 year imprisonment are excessive punishments in the modern democratic society that we have. Addressing the question put before the Court wherein the Court had to decide whether the penal offence was inconsistent with the freedom of expression guaranteed by Article 33 of the Kenyan Constitution or was a reasonable restriction to it, the Court sided with the former. The interesting twist came when the Court relied upon two Indian precedents. The Indian Supreme Court in Ahmedabad Pvt. Primary Teachers Assn. v. istrative Officers and Ors., (2004 (1) SCR 470) observed that maxim noscitur a sociis can be relied upon to interpret words of the Legislature. Moreover, in the case of Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd. and Ors., (1987 AIR 1023) it was held that the interpretation must be based on the text and the context. The irony lies in the fact that Indian Courts have recognized defamation by recognizing the Right to Reputation as a constitutional right under Article 21 of Constitution of India. Whereas, the Kenya High Court put forward that defamation cannot be recognized as crime under the constitutional framework of Kenya, which by virtue of Article 33 only tends to include public interest and not individual interest. Thus only a civil remedy can be obtained for the same. Courtesy: www.livelaw.in

Supreme Court Upholds Notification Issued under old Criminal Law Amendment Act The constitutionality of the notifications, issued by the Union Territory of Goa, with reference to the Criminal Law Amendment Act, 1932 was upheld by the Hon’ble Supreme Court of India. The apex Court in Aires Rodrigues v. Vishwajeet P Rane, (2017 Cr.L.R. (SC)) observed that The Criminal Law Amendment Act, 1932 is still relevant and any notification issued in reference to the Code of Criminal Procedure, 1898, must be read as having been issued in reference to the Code of Criminal Procedure, 1973. In the aforementioned case, the Union Territory of Goa had issued a notification dated 27th June, 1973, declaring offences committed under Sections 186, 188,189, 228, 295-A, 298, 505 or 507 of the Indian Penal Code, in the Union Territory of Goa, and Daman and Diu, to be cognizable, and offences committed under Sections 188 or 506 of the IPC to be non-bailable. The notification was issued invoking the powers under Section 10 of the Criminal Law Amendment Act, 1932. This notification was challenged in the High Court of Bombay after the Code of Criminal Procedure, 1973 came into force. The High Court declared it invalid. The High Court had an opinion that, clause (b) of Sub-Section (2) of Section 484 of CrPC, 1973, only saves notifications issued with reference to CrPC, 1898 and not notifications issued with reference to Criminal Law Amendment Act, 1932. The Supreme Court bench comprising of Hon’ble Justice A.K. Goel and Hon’ble Justice U.U. Lalit observed that, the Criminal Law Amendment Act, 1932, is a Central Legislation and even today it is operative and power conferred under section 10 can be exercised. Courtesy: www.livelaw.in

IT Act is a Special Provision, so has a Special Effect

Picture Courtesy: gamingtechlaw.com

On 12th December 2016, in Sharat Babu Digumarti v. Govt. of NCT, (CRIMINAL APPEAL NO. 1222 OF 2016) the Supreme Court heard claims of both the parties regarding a wide variety of issues. The matter dealt with The Information Technology Act, 2000 and Indian Penal Code, 1860. The Attorney General’s opinion was also taken into

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COURTROOM DRAMA consideration by the Hon’ble Court in this matter, who highlighted that Section 67 of the IT Act that talks about publishing obscene content overrides Section 292 of the IPC. It has been seen that in practise, because of lack of awareness among the Law Enforcement Agency officers, most of the accused are charged under Section 292 IPC and often Section 67 of IT Act is ignored. The Court also went on to analyse the parallels between electronic material and records as per the Indian Evidence Act, 1872 and said that almost all electronically published content can be included under the IT Act without any doubt. However, paragraph 28 of the judgment lays down the most relevant opinion of the Court; “The said provision read with Section 67A and 67B is a complete code relating to the offences that are covered under the IT Act. All provisions will have their play and significance, if the alleged offence pertains to offence of electronic record. It has to be borne in mind that IT Act is a special enactment. It has special provisions. Section 292 of the IPC makes (an) offence (the) sale of obscene books, etc. but once the offence has a nexus or connection with the electronic

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record the protection and effect of Section 79 cannot be ignored and negated.” This pretty much boiled down to the Court observing that if no case was made out under Section 67 of the IT Act then the remedy under Section 292 of IPC will also not be available. This was held because the accused was already acquitted of the offence under Section 67 of the IT Act. This judgment reiterates the concept of Generalia Specialibus Non Derogant meaning that a general statute must yield to a special one. Courtesy: www.cyberbdia.in

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Can the Court Subject a Party to Voice Spectrography Test? Self-Incriminating evidences have always been an area of constant contemplation under Indian law. The High Court of Gujarat in the case of Natvarlal Amarshibhai Devani v. State of Gujarat & Ors. (January 2017) responded to questions concerning voice spectrography, under a writ petition.The Court addressing the issue, whether voice spectrography amounts to self-incrimination under Article 20 (3) of the Constitution of India, gave a decision that subjecting an accused to voice spectrography, though is not violative of Article 20 (3) of the Constitution of India, it is not allowed. Hon’ble Justice J. B. Pardiwala added further, with complete assurance while referring to the Apex Court’s judgment in Selvi v. State of Karnataka (AIR 2010 SC 1974: 2010 AIR SCW 3011), that the principles laid down by the Supreme Court would not apply to the voice spectrography test, for it does not fall within the ambit of psychiatric treatment. Another issue before the Court was whether a Court can subject a suspect to the test or authorize an investigating agency to collect voice sample for the test, in absence of any provision under CrPC. After a detailed examination of the Criminal Procedure Code, 1973 and the Indian Evidence Act, 1872 the Court concluded that no provision empowers either the Court or any legal authority to collect voice sample for the purpose of this test. So at the moment no party to a suit can be subjected to the test of voice spectrography. Hon’ble Justice J.B. Pardiwala comprehended the significance of voice spectrographic test in detail throughout the judgment, and pointed towards the Parliament to look into the issue and make necessary amendments under the Code of Criminal Procedure and the Act of 1920. Moreover, he suggested that the State Government, on urgent basis, should exercise its power under Section 8 of the Act, 1920 and frame rules to include voice sample as a barometer of measurement. Even in the case of R. M. Malkani v. State of Maharashtra (AIR 1973 SC 157) where recorded tape was accepted as valid evidence, the Court had stated that there was a need of a provision under which police could get the voice sample identified for issibility as evidence.It is high time that the Legislative bodies paid attention to various Courts’ decisions where a constant demand and dire need for inclusion of such tests have been established. Courtesy: www.livelaw.in

LAW AND BEYOND Payment of Wages (Amendment) Bill, 2017 ed by the Rajya Sabha on 8th February Our methods of payment have diversified with the age of time, but Indians love cash. It is conventional and satisfying. There is a larger, vaguer fear associated with other methods of money transfer, be it cheques or plastic money. On the same lines, Mr. Bandaru Dattatreya, Minister of Labour and Employment, introduced the Payment of Wages (Amendment) Bill in Lok Sabha on 15th December, 2016. However, he had to withdraw it from Lok Sabha on 3rd February, 2017. The Government had undertaken the Ordinance path because both the Houses were not working in December, when the Bill was ed. The Bill was ed in Lok Sabha on 7th February, 2017. The Rajya

Picture Courtesy: youthofchivalry.blogspot.in

Sabha ed the Bill by a voice vote on 8th February,2017. Fundamentally, the Bill seeks to amend that section of the Payment of Wages Act, 1936, which states that the written authorisation of the employee is necessary for payment through cheques or bank transfers. Mr. Dattatreya assured the House by stating that “this will improve the compliance of labour laws. Exploitation of workers is going on. There is cut in payments (of wages in cash)... No way are we taking away the rights of workers. This Bill is going to strengthen those. We want them to get their wages through transparent manner.” Courtesy: www.prsindia.org & www.financialexpress.com

The Specified Bank Notes (Cessation of Liabilities) Bill, 2017 ed in Lok Sabha The Lok Sabha on 7th February, 2017 ed The Specified Bank Notes (Cessation of Liabilities) Bill, 2017. The Bill was introduced by Mr. Arun Jaitley, Finance Minister on 3rd February, 2017 and it replaces the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016. The Bill seeks to end the liability of the RBI and the Central Government on the currency notes demonetised in last November through a Notification issued under the RBI Act, 1934. Under the Notification, old Rs. 500 and Rs. 1,000 currency notes were allowed to be deposited in the banks till 31st December, 2017. The Bill declares that holding, transfer and receiving of old Rs. 500 and Rs. 1000 currency notes after the stipulated date is a criminal offence, punishable with a minimum fine of Rs. 10,000 or the fine of five times the value of notes possessed, whichever is higher, and if the offence is committed by the company or its member, the company will be held liable. The Government under the Bill provided for a grace period for depositing such notes with the RBI only to people who were either not in the country during demonetisation or due to the reason of them belonging to any other class of persons as specified by the Government, provided they declare the same during the deposit. The Bill exempts a person who holds up to 10 old notes, or, a person who owns up to 25 discontinued currency notes for the purposes of study, research or numismatics, or a person who holds notes on the direction of a court. In addition, the RBI or any person authorised by it, are also exempted from this prohibition. Further, the Bill also specifies that fine will be imposed by the Court of a Magistrate of the First Class or the Court of a Metropolitan Magistrate only. Courtesy: www.financialexpress.com & www.prsindia.org

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LAW AND BEYOND The Finance Bill, 2017 introduced in the Lok Sabha The Finance Bill, 2017 was introduced in the Lok Sabha on 1st February, 2017. The Bill, if ed, shall make it mandatory to quote the Aadhaar number while applying for PAN card or filing Income Tax returns. In case a person does not have his Aadhaar Card, he would have to quote his Aadhaar enrolment number to indicate that an application to obtain the Aadhaar has been filed. All persons having a PAN card as on July 1, 2017 and also eligible for Aadhaar shall have to provide the authorities their Aadhaar enrolment number by a certain date in a manner the government shall prescribe later. Failure to do the above would result in the PAN being invalidated, and the person will be treated in the same manner as someone who has not applied for his PAN. The Bill would also lower the limit of cash transactions. Three lakh rupees is the maximum limit that can be permitted in transactions with a single person on one day.

The limit applies to a single transaction or a number of transactions related to a single event. Amendments to the Bill, however, seek to lower the limit from three lakh rupees to two lakh rupees. Some contents of the Bill are controversial however. The Bill proposes to remove the limit of 7.5% of a company’s net profit of the previous three years, which is the amount it can currently donate to a political party. If the Bill is ed, companies will also not have to disclose the identity of the political parties to which it donates. It is alleged that these changes Picture Courtesy: aubsp.com will reduce transparency and encourage political parties to indulge in corruption. Courtesy: www.prsindia.org

AS WE SEE IT Delay in TDS not to be tolerated The Income Tax Department has tightened the noose on employers who have deducted “Tax Deducted at Source” (TDS) from employees but defaulted on remitting it to the government, causing serious inconvenience to employees who receive tax demand notices. This, however, has not gone down well with the industry. Not just for non-

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remittances, even those employers who have delayed remittance of TDS deducted from their employees beyond a reasonable time have been sent prosecution showcause notices even though they have already remitted the tax with penalty. Tax Deducted at Source (TDS) is a system introduced

AS WE SEE IT by Income Tax Department, where a person responsible for making specified payments such as salary, commission, professional fees, interest, rent, etc. is liable to deduct a certain percentage of tax before making payment in full to the receiver of the payment. As the name suggests, the concept of TDS is to deduct tax at its source. Sibichen K. Mathew, Commissioner of Income Tax (TDS) said, “This year, we have sent more than 15,000 letters and prosecution notices to 150 firms, which were selected by an automated software based on the delinquency in these cases.” “Many firms have delayed remittance for more than two years. Many have considered this to be a revenue stream and are rotating the corpus in their business, which is a crime,” he said during an interaction with of the Federation of Karnataka Chamber of Commerce and Industry on Wednesday. While many industrialists objected to the I-T department ‘waking up’ now for delays in previous fiscals, Mr. Mathew said that in all the 859 cases where prosecution show-cause notices have been issued, several letters had been sent earlier alerting the firms on the delay. Of the 859 cases, 223 defaulters have approached the department for compounding of offences by paying interest and penalty, a three per cent compounding charge for every month from due date, in addition to the stipulated TDS, to escape prosecution. Their plea has been rejected, he added. Meanwhile, the I-T Department, in a statement, has said that a Special Economic Offences Court, Bengaluru convicted the directors of a private firm for delay in remittance and sentenced them to three years’ rigorous imprison-

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ment, even though the firm had remitted TDS with penalty during the time of conviction. They have found that several companies that have been served prosecution notices have wound up, vanished or resurfaced with other names. “We are tracking down the directors of such firms and attaching their assets. In case of Kingfisher Airlines, we have collected ₹151 crores by freezing bank s, impounding pending tax refunds and other means. We will also get a share in the auction of Kingfisher House in Mumbai,” Mr. Sibichen Mathew said. Not just private firms, but government departments and Public Sector Units also figure in the list of defaulters. Prominent among those are the BBMP, Bangalore University and the State Public Works Department. “There is no diversion or embezzlement of tax money in government departments since most of these transactions are book adjustments. There are also some grey areas, which are being contested at appellate tribunals. However, State government departments are very lax in filing quarterly reports of TDS deductions, which create problems for employees,” Sibichen K. Mathew said. Courtesy: www.thehindu.com & www.indianexpress.com

NGT Directs Delhi Government to Pay Sanitation Workers on Time Piles of garbage lying outside colonies in east Delhi is a common sight for residents of areas like Laxmi Nagar, PreetVihar, Krishna Nagar, New Ashok Nagar, Vinod Nagar and Khichripur. The reason for this plight is the refusal by sanitation workers to pick up garbage until their salaries are paid. In light of this, the bench of the National Green Tribunal

(NGT), headed by chair-person Justice Swatanter Kumarhas, directed that salaries of safaikaramchari’s to be paid on time. It has asked for detailed reports from the MCD and state government over budget allocations for the staffers’ salaries. Around 2500 metric tonnes of garbage is generated every day in East Delhi and the indefinite strike by the sanitation

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AS WE SEE IT ing them to collaborate for the steps that have been taken to remove waste from the localities. All municipal authorities were asked to make “an integrated waste management plan for Delhi, identify landfill sites and improve condition of existing sites”. The Delhi High Court had ed an order asking the government to remove garbage in the trans-Yamuna area. The Picture Courtesy: designblognews.com Green directed the recording of the same. workers of East Delhi Municipal Corporation (EDMC) has The bench also said that “people are suffering due to created chaos in the Capital. tussle between government and corporation”. The tribunal had already issued notices to the Ministry The BJP has been in control of the civic body for the past of Urban Development, Delhi government as well as the ten years which goes to polls in April-May this year. Such Sanitation Workers’ Union over this strike; summoning a strike in the months preceding the elections are sure to them. In mark of the protests, some workers dumped affect the parties contesting the said elections. garbage outside the office of Delhi Assembly Speaker Courtesy: www.thehindu.com & www.indianexpress.com Ram Niwas Goel. The NGT also issued notices to the stakeholders, ask-

BEYOND BAR AND BENCH Ex-IPAB Officio DPS Mr. Parmar s LexOrbis for guiding Patent Prosecutions IP firm LexOrbis has hired the former IPAB Officer, Mr. DPS Parmar as their senior consultant to deal with Patent issues. At LexOrbis, Mr. Parmar will be responsible for handling pre and post-grant oppositions, appeals and revocation actions. According to the firm’s press release, Mr. Parmar had

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previously been instrumental in taking some well analysed and unconventional decisions in matters under sections 3(d), 3(i), (k) and 8 of the Patents Act, 1970 relating to divisional applications, disclosure requirements, working statements, compulsory license etc.

Mr. Parmar, in his almost three decade long career had represented India at various discussion s organized

BEYOND BAR AND BENCH by WIPO, attended programs at the European and Japanese Patent Office and was also involved in the recognition of Indian Patent Office (IPO) as the “15th ISA and IPEA under the Patent Cooperation Treaty (PCT)” and had headed the Intellectual Property Training Institute (IPTI) in Nagpur, which trains new IPO examiners. Courtesy: www.asiaiplaw.com

Cyril Amarchand Mangaldas – Asia’s First Law Firm to Deploy Artificial Intelligence for Legal Work

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Cyril Amarchand Mangaldas (CAM) will be Asia’s first law firm to sign up for machine learning contracts software, said the firm’s press release on the occasion of completion of its century long legacy. While reflecting on a hundred years of the storied law firm, Mr. Cyril Shroff, Managing Director of CAM said, “Our clients expect us to be at the cutting edge of the practice of law, and of the business of law. We recognise that the business challenges of our clients come first, and that we need a suite of different tools and advanced skills to address these”. Reportedly, Kira Systems, a legal Artificial Intelligence (AI) pioneer, whose elite clientele include firms like DLA Piper, Clifford Chance LLP, signed a deal with CAM for its document analysis software system. This AI system will help CAM in identifying, analysing and extracting clauses from contracts and other legal documents. Kira Systems helps enterprises uncover relevant information in unstructured contracts and related documents. Its award-winning software excels at searching and analysing contract text. Kira offers machine learning models

covering due diligence, general commercial, corporate organisation, real estate and compliance. Its customers include some of the world’s largest corporations and professional services firms, have trusted Kira on hundreds of billions of dollars of M&A transactions. They also deploy Kira for knowledge management, contract search, analytics, and other use cases where visibility into contract provisions is critical. Courtesy: www.indianexpress.com & www.info.kirasystems.com

AZB Corporate Partner Rishi Gautam Likely to Return to Cyril Amarchand after 10 Years Reportedly, Cyril Amarchand Mangaldas (CAM) will be hiring AZB & Partners’ corporate partner Mr. Rishi Gautam, who had ed AZB in 2014, from Clifford Chance after a short stint at Amazon. Although nothing is official yet between Mr. Gautam and CAM, it is understood that he is likely to in the month of March, subject to the length of his notice period. Mr. Rishi Gautam, an NLSIU Bangalore 2001 graduate, began his career at CAM. In 2008, after a short stint at Freehills for two years, he ed Clifford Chance in London till 2012. After about 10 years of experience at dignified law firms all over the world he is now all set to as a partner at CAM. Courtesy: www.legallyindia.com

Mr. Ajay Tyagi Appointed as New SEBI Chief The BJP led government on Friday appointed Mr. Ajay Tyagi, senior bureaucrat in the Finance Ministry, to lead the Securities and Exchange Board of India (SEBI). Mr. Tyagi will succeed Mr. Upendra Kumar Sinha who will be completing his term on 1st March, 2017. Mr. Tyagi has been in-charge of the capital markets division in the economic affairs department since October, 2014 and headed the committee that crafted the draft code on resolution of financial firms. Besides these he has also represented India in International forums like the Financial Action Task Force for money laundering, terror financing and the Financial Stability Board for monitoring global financial systems.

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BEYOND BAR AND BENCH Mr. Tyagi had been RBI’s nominee for a while in 2015 and held initiative in corporate bond funds. Hence his knowledge in the said field is undisputed and makes him the apt leader of the securities watchdog of India. Many IAS Officers were eyeing on the said position, when Mr. Sinha’s exit was to commence. The selection headed by the Cabinet Secretary had recommended many names before Mr. Tyagi was finalized for the same. Courtesy: www.economictimes.indiatimes.com

Cyril Amarchand Mangaldas to Review Infosys Corporate Governance Standards Corporate lawyer Cyril Shroff, who was hired by the Infosys board to look into its corporate governance framework, is set to prescribe a new governance code for the IT giant aimed at addressing the concerns raised by its founders on appointment of two independent directors. The new code is being worked on the recommendation of Mr. N. R. Murthy, co-founder of Infosys. The revamped corporate code aims to plug the gap in the governance norms which the founders have raised in the recent past. Mr. R Seshasayee, Chairman of Infosys Group, mentioned in an interview that CAM would develop a framework for board as to who would be independent directors and who would be nominee directors. He clarified that CAM’s role was not just to facilitate communication between the founders and the board, but to benchmark the broader aspects of governance. The new code is aimed to encourage the board to be more transparent and organized in times of rising shareholder activism, especially in professionally managed companies with a highly distributed ownership. Courtesy: www.timesofindia.indiatimes.com

Norton Rose and Chadbourne to Combine in Latest Merger of Large Law Firms Amidst continuing consolidation in the legal industry, a couple of law firms have come to conclude that they would be combining to form a global firm.

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This merger, which is to take effect in the year’s second quarter, will be the second large-scale combination for Norton Rose, whose previous biggest merger was with the Texas fir—Fulbright & Jaworski in 2013. This combination shall increase the arsenal of lawyers by about 1000, with there being more than 300 in New York and around 130 in DC. In 2015, Chadbourne had posted a revenue of $249 million, while Norton Rose Fulbright had posted a global revenue of $1.74 billion in 2015. Rumours were rife since the time it was revealed that Chadbourne waslooking for a combination, especially after a few partners had left the firm, including Project

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Finance partner—Margarita Oliva Sainz de Aja, who ed Baker McKenzie last month, and Bankruptcy partner— Douglas Deutsch, who ed Clifford Chance last summer. Last fall when Kerrie L. Campbell, had sued the firm for $100 million on behalf of current and former female partners, it had given vent to some negative publicity. This merger shall enhance the strengths of the two firms, and such was evident when Andrew A. Giaccia, Chadbourne’s managing partner said that, “Our global offerings will be virtually unrivalled in many areas, from energy and infrastructure to finance, bankruptcy and restructuring, litigation and regulatory work”. Courtesy: www.nytimes.com

AROUND THE GLOBE On The Wrong Side of the Wall: Joaquín “El Chapo” Guzmán Extradited Considered by the US Drug Enforcement istration as “the Godfather of the drug world”, Joaquín Archivaldo Guzmán Loera (commonly known as ‘El Chapo’) was extradited to the United States on the night of 19th January after his appeal to prevent extradition was denied by a Mexican court. Guzmán, who ran the largest drug cartel in Mexico, and had, at many times, has been estimated to match the influence and reach of Pablo Escobar (another infamous

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drug lord from Colombia). Notorious for escaping from high security Mexican federal prisons twice, the drug trafficker has been charged with 6 different indictments. Guzmán’s extradition to the US was a lengthy process. Guzmán was sentenced for conspiracy to distribute and import cocaine and kept in Mexico’s highest security prison, Altiplano, in July of 2015. Guzmán escaped from prison that month (and was subsequently recaptured in January 2016). Meanwhile in August 2015, a judge of Mexican court suspended (albeit temporarily), a US extradition order for Guzmán for an unknown reason. This, coupled with Guzmán’s escape, increased tension in US-Mexico relations. In May, 2016, a Mexican judge granted Guzmán’s extradition to the US, but the extradition was again temporarily suspended later that month. Finally in October 2016, Guzmán’s appeal to prevent his extradition was rejected by the Mexican courts and the extradition process was initiated. Although the Mexican officials formally denied a relationship between Guzmán’s extradition and the US presidential inauguration the following day, the Washington Post has reported that a Mexican official reportedly called

the extradition a “farewell gift to President Obama. The anonymous official also told that Mexico wanted to send a message to President-elect Trump that “nothing is for free”. Courtesy: www.cnn.com

South Korean President, Park Geun-hye removed from office after Impeachment Park Guen-hye, the former 11th President of South Korea (2013-2017) was impeached by the Nation’s National Assembly on 9th December, 2016. The impeachment motion was initiated by the Nation’s three main opposition parties on 3rd December, 2016, on the grounds that Geun-hye had violated the Constitution and the Law. The final vote count was 234 to 56, which was way beyond the two-thirds majority needed for the impeachment motion to . More than 60 of Park’s conservative party crossed the aisle to vote with the opposition pushing for the impeachment and the temporary suspension of her presidential powers and duties. This motion as resulted in Hwang Kyo-ahn, the then Prime Minister,becoming the acting President of the Nation while the Constitutional Court of Korea decides whether to accept or reject the impeachment (which it did on March 10, 2017). Park has been accused of sharing confidential information and extorting millions of dollars from large corporations with a personal friend, Choi Soon-sil (who is the daughter of a religious sect leader). During a meeting with cabinet Park apologized for causing “national confusion because of my lack of virtue and carelessness.” and said she would await the Court’s decision with a “calm and clear mind.” Courtesy: www.zerohedge.com & www.cnn.com

Compensation Suit Filed By German Volkswagen Owners Lawyers on behalf of a German owner of a Volkswagen diesel-powered vehicle set with a particular software having the potent to cheat emissions tests, filed the very first lawsuit with a view to seek compensation for damages suffered. As per the official website of Braun-

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AROUND THE GLOBE schweig district Court, MyRight(a based firm), presented the matter for the aggrieved consumer due to the scandal. It is worth mentioning that 535,000 US-based consumers have been paid damages by the Volkswagen,

After the attack, India reached out to the UN asking to list Masood under the Al-Qaeda Sanctions Committee. These efforts were opposed by China, which put two technical holds on the proposal and blocked it in the month of December last year. The listing under the Sanction Committee would freeze his assets and ban his travel to countries including Pakistan. After India’s efforts were blocked by China, USA brought the proposal forward within weeks of the ‘block’. The move to forbid Masood saw the backing of both UK and , with the countries pushing forward the proposal at the UN’s Sanctions Committee 1267 in the second half of last month. After consultations between USA and India, a final proposal was prepared that termed JeM as a designated

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but they have refused to do the same in European countries. The reasoning according to them lies in differences in regulations and hence they justify the act of offering technical remedies only to European consumers. It needs to be penned down that American-style class-action suits are not allowed in and therefore decision on the present case holds importance as the verdict given will be viewed as a model for the litigations to come in future concerning other consumers seeking damages against Volkswagen. In of the legal battles, Volkswagen has been facing the same around the world. South Korea declared in December that it intends to go ahead with the imposition of fines on Volkswagen over false advertising. Also a Spanish court in October 2016 ordered Volkswagen to give damages to a owner of a vehicle purchased his car in 2011. Volkswagen is thus facing legal difficulty around the world over the emissions scandal.

US goes to UN for Masood Azhar’s Ban; China thwarts it again The United States of America’s proposal to designate Masood Azhar, chief of Pakistan-based terrorist group Jaish-e-Mohammed (JeM), as a global terrorist, has been put on hold by the People’s Republic of China. Masood Azhar is considered the mastermind of last year’s strike on Pathankot air force base and additionally, some of the deadliest terror attacks in India.

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Picture Courtesy: dawn.com

terror outfit and saying that its leaders cannot go free and unpunished. This move by the Chinese diplomacy comes days before the expiry of the deadline of 10-days to ‘adopt’, ‘block’ or ‘put on hold’ any proposal. A ‘hold’ can only remain for a span of six months with a further extension of three months. During this period, the ‘hold’ can be converted into a ‘block’ at any point of time. A ‘block’ brings the life of the proposal to an end. The UN had disallowed the JeM back in 2001 but, China still continues to constantly oppose efforts by countries to get JeM’s Chief banned by the UN. The opposition by the Chinese is believed to be an action taken at the request of Pakistan, since both of them are considered to be allies. Courtesy: indianexpress.com & economictimes.indiatimes.com

OPPORTUNITIES NUJS Journal of Regulatory Studies on Right to Public Services [Volume 1, Issue 4] Last date for Submission is 30th June, 2017. “NUJS Journal of Regulatory Studies” scheduled to be published in August, 2017, aspires to promote greater interest among the legal and social science academia, activists, NGO workers and legal professionals to undertake research on issues related to right to public services. The themes of the papers may be of the following preferably including empirical study: • Citizen Charter and Public Services • Local Governance and Public Services • Reducing Litigation and Public Service • Enforcing Right to Public Service: Best Practices • Implementation Lacunas and Lessons for the Future. The preferred length for paper is 5000-80000 words. Manuscripts must be in English and should be sent by email to: [email protected]. For more information visit http://crsgpp.nujs.edu/publications/online-journal/about-the-journal/

Call for Papers: International Journal of Intellectual Property Law and Economic Growth Submit your content to the first issue of IJIPLEG (ISSN: 2504-7175), via email at [email protected], latest by 11th April, 2017. The authors are free to choose any contemporary topic related to Intellectual Property Law or Economic Growth. Submission guidelines: • Co-authorship permitted with maximum two authors. • The font shall be Times New Roman, font size 10 with single line spacing. • The paper shall be followed by Abstract of 300 words.

CREATe IP Summer Summit (CIPSS’17) at the University of Glasgow (26th –30th June, 2017) Theme is ‘Open Science and Open Culture’ with a special focus on development in the Global South. The programme is led by CREATe academics with guest

speakers from National Law University (Delhi), and, includes key influential stakeholders in the ‘open’ movement, with representatives from international organizations such as the UK Intellectual Property Office, Higher Education Funding Council for England (HEFCE), Scottish Power, IP Australia, and, the European Commission tbc, presenting institutional policy making perspectives. The summit takes an interdisciplinary approach, presents most recent research, and involves s, practical exercises, group activities and case studies. CIPSS’17 is aimed at industry professionals, lawyers, the public sector and students. Venue: No. 10, The Square, University Avenue, University of Glasgow, G12 8QQ, Scotland (UK) Fore more information visit http://www.create.ac.uk

Call for Papers: RGNUL’s CASIHR Journal on Human Rights Practice (CASIHR JHRP) Submission deadline – 20th May, 2017 by 11:59 p.m. The CASIHR Journal on Human Rights Practice (CASIHR JHRP) is an Endeavour of the Centre for Advanced Studies in Human Rights (CASIHR) in furtherance of its aim of understanding the expanding horizons of Human Rights Law and Practice. The theme for the second issue is “Human Rights Education in India”. Submission Guidelines: • Long Articles— Word limit of 6000 words. • Short Articles—Word Limit of 4000 to 4500 words. • Case Comments— Word Limit of 1500 to 2000 words. • Book Reviews— Word limit of 2000 to 2500 words. All submissions must be mailed at [email protected].

Internships for Law students in Law Comission The Law Commission of India provides opportunities by holding Summer (May/June) Winter (November/December) Voluntary Internship Programme. The Programme is open for students pursuing studies in Law from recognized Colleges/Law Schools/Universities in India. Duration of internship will be 4 Weeks ordinarily. The Law Commission pays no remuneration/expenses. The interested law students pursuing studies (2nd and

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OPPORTUNITIES 3rd year of three-year and 3rd to 5th year of five-year law degree course only) at any recognized College/Law School/University may send their applications in the enclosed format by 1st April, 2017 (in case of Summer programme) and by 1st October, 2017 (in case of Winter programme). Interns will be required to present a research paper on a selected topic at the end of their study and also undergo other studies assigned and prepare notes on it and submit to the concerned officer for evaluation and suggestions, if any, by the Commission. A certificate will be issued to the Intern at the end of her/ his internship after evaluation of the research paper or assessment of the work done. Fore more information visit http://lawcommissionofindia. nic.in

IISS and NLSIU’s Conference on State of ability (17th – 18th October, 2017) Deadline for abstracts (500 words): 30th May, 2017 This conference is tly convened by Sylvia Bergh of International Institute of Social Science, the Hague and Sony Pellissery of the Masters Programme in Public Policy at National Law School of India University, Bangalore. Both these institutions are funded by a collaborative research by NWO-ICSSR The conference organizers are also in touch with Edward Elgar for publishing selected papers from the conference. Full papers submitted prior to 5th October, 2017 will be considered for the publication. For details and clarification, the conference organizers could be ed at: Sylvia Bergh: [email protected]

KNOW YOUR FACULTY

Dr. Anita Kumari

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Dr. Anita Kumari is an academic professional and has recently ed us as an Assistant Professor in College of Legal Studies. She has around 3 years of teaching and istrative experience. She has been a gold medalist in her Post Graduation degree (M.A.) and was awarded her Ph.D. on the topic of “Naxalism- A Study in Peace Approach in Special Reference to Jamshedpur in Jharkhand” from Banasthali University. She has a Post Graduate Diploma degree in Women and Human Rights. The CoLS Newsletter has been fortunate to have had the pleasure of interviewing Dr. Kumari.

KNOW YOUR FACULTY 1. Tell us something about yourself. Besides being a teacher, I love listening to music and having ice-cream, but it’s Nature, that is closest to my heart.

2. Why did you choose this profession/field? Why UPES? I enjoy researching and discussing which can be best pursued in the teaching profession. UPES encourages research work and publications which helps the faculty to grow and enrich their knowledge.

3. You have been an indulgent academician, and an inspiration to all. Who has/ have been a source of inspiration in your life? Ms. Sandipa Bhattacharya—my Science teacher during my school days, and my family have always been a constant source of inspiration. My friends, mentors, teachers, colleagues and even strangers have inspired me at various stages of my life.

4. You have done considerable research on the Naxalite movement. The Naxalite movement has ravaged the eastern states of Bengal and other neighbouring areas. How persuasive has the Naxalite movement been in bringing about a change in lifestyle, or in effecting a change in the thoughts of the people domiciled in the affected areas in particular? Summarizing this is a tough task. Civilians are partially affected. It is mainly the transportation that is interrupted with trains getting derailed, lines being blocked, trains being hijacked, bandhs affecting markets and banks etc.; but the s and ministers are severely affected resulting into instances of kidnapping/ murder.

5. Tell us something about your teaching style & philosophy. I prefer both traditional and modern teaching techniques. Lectures to guest lectures, blackboard teaching to power-point presentations, discussions to presentations, exams to research paper publications, I do not stick to single teaching methodology. A combination of all of the above makes for a wholesome teaching initiative.

6. What has your perception of the students been so far? How much has the college atmosphere changed in comparison to your college days? Students are a keen learner these days. With the growing competition in the market, students have become more focused. They are well aware of the fact, right from their college days, that, their education should fetch them a good result. It is a loving job to teach them. Their queries and zeal to learn complements my teaching. My students make me my college days. The facilities and faculty involvement are much bigger in UPES while preparing the students for their future.

7. Could you recount any memorable moments from your stay at college or university? It is difficult for me to recall any particular instance, but, each and every day during my college days have been memorable. I miss my faculties and friends a lot and if given a chance, I would love to back to those days.

8. What advice do you have for the students? Today both credentials and knowledge matter, but besides this, we should do something every day to feel the real joy, may be by helping others or by spending quality time with family and friends.

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KNOW YOUR ALUMNA Ms. Aparna Kadian, an Alumna of UPES, B.A., LL.B. (2010-2015), has recently cleared the Maharashtra Judiciary Examinations. Team CoLS Newsletter had the pleasure of catching up with her. Congratulations Ms. Aparna Kadian, on clearing the Maharashtra Judiciary Examination.

Ms. Aparna Kadian

1. How has your experience at UPES helped in shaping your career?

Those five years at UPES have made me what I am today. The everyday challenges in the form of assignments, mid, end-, presentations, moot courts, research papers, we would have it all. On the brighter side, we used to have co-operative teachers, friendly environment and friendly yet competitive class mates. Now, I have turned into a very confident and well-groomed person. I was the gold-medalist of my batch. The habit of sitting and studying for long hours helped me prepare well for Judicial Services examinations.

2. Were you always looking forward to take the Judiciary examinations? How much of an effort does it take to prepare for such examination? I wanted to be a Judicial Officer ever since I thought of taking up law for graduation. But as a backup, I wanted to have all the qualifications which make the CV impressive enough for placement. I did various internships and one thing which I realized after the internships was that I wasn’t meant for the private sector. Therefore, I didn’t even take part in the placement process. The kind of environment one needs while preparing for Judicial Services is completely different from the one which we have in college. It requires a very conventional set up. You need to know the bare-acts thoroughly. I have been devoting 14-15 hours a day to studies for past one and a half year. I think consistent hard-work in the direction of your goal is what it takes to achieve it.

3. You are now an inspiration for all the students at UPES. Who has/have been your inspiration? My mother is my inspiration. I come from Haryana. During the times when education of a girl child attracted a lot of criticism for the parents and the girl, she managed to complete her higher studies. She cleared the Civil Services examination four times but still couldn’t get her dream chair. I have seen her struggling and smiling. I wanted to fulfill her dream. I did not have an interest in Civil Services. Therefore, I aimed for the Judicial Services.

4. Looking back at your stay at UPES, if you had the opportunity, would you do anything differently? I received Gold Medal during the Convocation for being the Best Student of CoLS. It was indeed a proud moment for me and my family.

5. What advice or suggestion do you have for the budding law students? Do not look for shortcuts. Inculcate the habit of working hard. Do your assignments yourself. Fix your goal and work each day in the direction of your goal. Be true to yourself and befriend your teachers. I had amazing chemistry with my teachers. I miss them as much as I miss my friends.

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KNOW A LEGAL LUMINARY Rajas Pingle graduated from ILS Law College in the year 2011. He is currently a Partner at Netlawgic Legal Services, offering services to combat cyber crimes, computer security related incidents, corporate espionage, financial frauds, data theft, hacking, and computer security related issues, among others.

Mr. Rajas Pingle

1. Could you provide us with an insight as in when and how did your interest in Cyber Security spark?

I have been a technology nerd from the early ages of my life with no intentions whatsoever in pursuing law as a career. Since my parents were practicing lawyers I got into law school. The first two years went by but I lacked precision. It was only in the third year of law, you can say as Buddha obtained enlightenment, I obtained my illumination when I got introduced to this amazing world of Information Technology Laws (Cyber Laws). That was the turning point in my life and from that day forward, I was certain that I am going to pursue cyber law as my profession in an attempt to combine my technology knowledge with law. When career and ion comes together, work doesn’t seem like work anymore.

2. What challenges do you face, when prosecuting a cyber-criminal? Very good question. See there are multiple challenges, first from the perspective of investigation. Many-a-times, the police fail to conduct the investigation properly, and because of that the direct impact is on electronic evidence. If the electronic evidence is not seized properly, it will not be appreciated in the court of law. This is one of the main reasons why the criminals are getting away, scot free.

3. What are the procedures for incorporating the opinion of a Cyber Security expert witness? As far as the government appointed Cyber Security experts are concerned, Sec.79A, of Information Technology Act, lays down a very good base for that. There are several labs across India, and in a cyber-crime matter, these scientific officers are called as expert witnesses. As far as a private person is concerned, these people can be called, but their testimony will not have such weightage as that of a Scientific Officer, or a Government appointed expert witness.

4. Sec. 45, of the Indian Evidence Act, does it talk about the private witness, or the witness appointed by the Court? Sec. 45A talks about the Opinion of Examiner of Electronic Evidence. These are the expert examiners under the IT Act.

5. So, one can bring one’s own witness, who may be an expert? Yes that is possible, but only for a limited purpose. As far as the contents of the electronic record or electronic evidence is concerned, the oral testimony of the expert examiner, again, who is appointed under Sec. 79A of the Information Technology Act, 2000, will be taken into consideration.

6. Have you ever felt that there is a conflict between the Constitution of India, and the Information Technology Act? Section 69B of the Information Technology Act, where the enormous power has been given by the Central Government to these agencies which are approved by the Central Government to approve, and/or block the data, from any computer. Central Government has appointed Computer Emergency Response Team – India in this regard. There are Information Technology (Procedure and safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, regarding the operation of these Government approved organizations, but I feel this this power should be more regulated.

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KNOW A LEGAL LUMINARY 7. Could you provide us with some recent trends which has been followed with respect to Cyber Defamation, in light of the recent judgment in Shreya Singhal v. Union of India? This is a really sad story that even after Sec. 66A has been repealed, there is a plethora of cases which are being filed under this Section. As far as cyber defamation law is concerned, there is only, one section which immediately comes to my mind, and that is Section 500 of the Indian Penal Code, where a non-cognizable offencemay be ed. However, it may not be very effective, for it is a non-cognizable offence, and so the police will not have much power, and it will not act as a deterrent.

8. Could you provide us with some points or details with regards to Cyber Security as a choice of career? With regards to Cyber Security as a choice of career, I would say that many companies have now come up with their own Cyber Security Cells. It is a very good option for a Cyber Security enthusiast to come forward and work in such a department. The Copyright Infringement Cell as well as the Cyber Security Compliance Cell under this banner. Overall, therefore, I think it is a good filed to work in.

9. What is your opinion of the integrated courses which UPES is offering, especially the Int. B.Tech., LL.B., courses with specialization in either IPR or Cyber laws? I was surprised when I went through the course, and it is a wonderful initiative, for it is a combination of technology and law. Not many people are fortunate to have the luxury of both these courses. Many of the engineers are not inclined towards law, they either start their own company or work in some other firm, and do not take time to think about such a profession. I think it is a really nice opportunity for the students at UPES.

STUDENTS’ ACHIEVEMENTS Winner: Akanksha Memorial National Legal Essay Writing Competition, 2016

Best Delegate at IIM Kolkata MUN and Special Mention at CGC MUN

Sweta Singh, a final year B.A., LL.B. (Hons.) in Energy Laws, student won the First prize in the Akanksha Memorial National Legal Essay Writing Competition, 2016 organized by Hidayatullah National Law University.

Harshit Iyer of B.Com., LL.B. (Hons.) in Taxation Laws, 2nd year was awarded as Best Delegate in IIM Kolkata MUN and also received Special Mention Award at CGC MUN.

Quarter-Finalist: 19th Sri SC Javali Memorial National Moot Court Competition, 2017 Team comprising of Anmol Pareek, Gaurav Manchanda and Vinamra Prakash of 2nd year B.Com., LL.B. (Hons.) in Taxation Laws, were the Quarter Finalist in the 19th Sri SC Javali Memorial National Moot Court Competition, 2017 organized by Sir Siddappa Kambali Law College, Dharwad, Karnataka.

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STUDENTS’ ACHIEVEMENTS Special Mention Award in IIT Delhi Tryst Youth Parliament

Best Orator Award: Amity Mock Parliament

Kshitij Singh of B.Com., LL.B. (Hons.) in Taxation Laws, 1st year received special mention in IIT Delhi Tryst Youth Parliament held on 25th-26th February, 2017.

Shivang Khanna of B.B.A., LL.B. (Hons.) in Corporate Laws, 1st Year participated in Amity Mock Parliament held on February 16-17, 2017 as Former Prime Minister Shri Manmohan Singh and won the Best Orator Award in Rajya Sabha.

Special Mention Award and High Commendation: Delhi University Mock Parliament Harsh Bhushan of B.Com., LL.B. (Hons.) in Taxation Laws, 2nd year and Sameep Jain of B.A., LL.B. (Hons.) in Energy Laws, 2nd year participated in Delhi University Mock Parliament held from 3rd-5th February, 2017 and won Special Mention Award and High Commendation respectively.

Best Student Advocate Award: Surana and Surana National Corporate Law Moot Court Competition, 2017 Samridh Bindal, Sayak Chatterjee and Shubh Agarwal of B.Com., LL.B. (Hons.) in Taxation Laws, 2nd year represented UPES in the National Moot Court Competition from February 17-19, 2017 held at JSS Law College. Team from UPES qualified for Quarter Finals and won award for 4th Best Memorial. Sayak Chatterjee was awarded as Best Student Advocate.

International Scholarship: University of New Hampshire Krishnam Goyal of final year, B.Tech., LL.B. (IPR) has received Scholarship from the University of New Hampshire, Concord, New England USA for USD 8000.

Best Speaker Award: 3rd Damodaram Sanjivayya National Moot Court Competition, 2017 Team comprising of Sahil Bhatia, Priyanka Sharma and Tushar Behl represented UPES in National Moot Court Competition organized by DSNLU Visakhapatnam from February 24-26, 2017 in which Priyanka Sharma of B.A., LL.B. (Hons.) in Energy Laws, 2nd Year was awarded the Best Speaker of Preliminary Rounds.

CAMPUS NEWS Faculty Development Workshop, “Outcome Oriented Inspirational Teaching & Quality Legal Research” (January 3-7, 2017) The five days Faculty Development Programme was conducted from 3rd to 7th January, 2017 in College of Legal

Studies, University of Petroleum and Energy Studies, Dehradun. The workshop based on the theme, “Outcome

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CAMPUS NEWS Oriented Inspirational Teaching and Quality Legal Research”, was marked by the presence of internal as well as external resource persons who dealt with multifarious issues relating to teaching and research methods. Eminent dignitaries, namely, Prof. (Dr.) S. C. Raina, Vice Chancellor, HPNLU, Shimla; Prof. (Dr.) G.S. Bajpai, Registrar, NLU, Delhi and Prof. (Dr.) Afzal Wani, Dean, USLLS, GGSIP University, Delhi graced the occasion with their presence. Director, Prof. (Dr.) Tabrez Ahmad, Dr. Azim B. Pathan, Dr. Ashish Verma, Dr. Priyanka Sharma Khanduja, Dr. Sujata Bali and Mrs. Shruti Reddy from College of Legal Studies also acted as keynote speakers in the

workshop. Prof. Shrihari Honwad, Vice Chancellor, UPES; Prof. (Dr.) Kamal Bansal, Dean, CoES and Prof. (Dr.) Dayanand Pandey, Director, CoMES provided the faculties with valuable inputs to become proficient in teaching. The workshop witnessed participation of all the faculties from College of Legal Studies and keynote speakers with expertise ed with well-articulated presentations. It is rightly said, in learning you will teach, and in teaching you will learn. The event was concluded on a conducive note with distribution of appreciation mementos to the key note speakers and certificates to the participants.

6th Techno-Legal Management Fest IGNITE, 2017 (February 17-18, 2017) khand Government and was declared open by Dr. Shrihari Honwad, Vice-Chancellor, UPES on 17th February, 2017 in presence of all the dignitaries, Prof. Dr. Tabrez Ahmad, Director, CoLS; Dr. S. K. Pokhriyal, Associate Dean, PG, CoMES and all the Faculty of CoLS and CoMES. Various events namely, National Youth Parliament Competition, National Trial Advocacy Competition, Mediation Competition, Visionary Lawyers, Mnemonist, Funk with Junk, Case Comment Writing Competition, Discussion of Indian States, Case Analysis Competition, TurnInauguration Ceremony- IGNITE 2017 in the presence of Mr. N. Ravi Shanker, coat, DMuLitS Quiz, etc were organized in Former Chief Secretary, Uttarakhand Government; Dr. Shrihari Honwad, ViceChancellor, UPES; Prof. Dr. Tabrez Ahmad, Director, CoLS; Dr. S. K. Pokhriyal, the Fest. Apart from the competitiveness Associate Dean, PG, CoMES and faculty of CoLS and CoMES of various events, a cultural night was IGNITE is an Annual Techno-Legal-Management Fesalso organised to relieve everyone from the tival where different colleges of UPES organize several fatigue by showcasing some amazingly talented dancers competitions. This year, it was organized on 17th and and singers of UPES. Undoubtedly, Ignite’17 has been 18th February, 2017 on the theme, Digital India: Prism of an enthralling extravaganza of everything interesting, Possibilities and witnessed both In-house and National entertaining, informative and exciting. participation. The effortless inauguration was witnessed by Mr. N. Ravi Shanker, Former Chief Secretary, Uttara-

3rd National Trial Advocacy Competition, 2017 (February 17-19, 2017) 3rd National Trial Advocacy Competition was organized by the Moot Court Association, CoLS, UPES from 17th to 19th February, 2017. With the participation of more than 20 colleges from across the country, the competi-

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tion began on a positive note. The first day of the event, was embellished with the gracious presence of the Chief Guest, Mr. Devraj Singh, an Esteemed Legal Practitioner. The event started with the traditional Saraswathi Vandana

CAMPUS NEWS followed by an enlightening speech by our revered Chief Guest. The event continued with registration of teams, exchange of memorials, an intense witness allotment and briefing to the participants. The second day started with the preliminary rounds which witnessed participation from 20 teams, eager to prove their mettle. After a couple of rounds, and teams depicting extreme tact and dexterity, 8 teams proceeded towards the quarter-finals. The final day, began with the semi-final round, comprising of 4 teams from Ideal Institute of Management and Technology, Delhi; Amity Law School, Noida; UILS Punjab; and Praveen Gandhi College, Mumbai. The teams which inched closer to the winning trophy were UILS Punjab and Amity Law School Noida and finally Amity Law School, Noida emerged as the Winners of the Competition. Justice Ravi R. Tripathi, Former Judge, Gujarat High Court and Present Member of the Law Commission of India; Mr. Siddharth Jayaprakash and Mr. Ashish Chakraborthy, well-known Legal Professionals, were kind enough to adjudicate the final rounds

3rd National Trial Advocacy Competition Winners- Amity Law School, in the presence of Dr. Shrihari Honwad, Vice-Chancellor,UPES and Prof. (Dr.) Tabrez Ahmad, Director, CoLS, UPES

and gracefully presided over the Valedictory Ceremony for the Competition. Best Trial Advocate award was bagged by Pushkar Keshav, Christ University, Bengaluru while the Best Memorial Award was conferred to University Institute of Legal Studies, Punjab University, Punjab.

2nd National Mediation Competition – Maadhyastham (February 17-18, 2017)

2nd National Mediation Competition - Maadhyastham

Mediation is a dynamic, structured, interactive process where a neutral third party assists the disputing parties in resolving conflict through the use of specialized communication and negotiation techniques focusing primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the discussion in a constructive direction in order to help the parties find an optimal solution. The 2nd National Mediation Competition was held in the Kandoli Campus on 17th and 18th February, 2017 and students depicted extreme enthusiasm in participating in the competition. Vishwaraj Panwar, of B.Com. LL.B., 3rd year won the Best Mediator Award in the competition.

Interactive session with Avani Bansal (February 24, 2017) Avani Bansal, is the Founding Partner of Avani Bansal Chambers, popularly known as, ABC, a litigation and policy chamber based in New Delhi. She is also the Founder of ‘Hamara Kanoon’, a legal awareness project which explains important laws in Hindi in a video format on YouTube. A woman of extraordinary talents, she had a stellar academic record, winning eight gold medals at Hidayatullah National Law University, Raipur, India, where

she pursued B.A. LL.B. (Hons). She has pursued Bachelor of Civil Law from University of Oxford, UK and has completed her LL.M. from the Harvard Law School, USA. The topic of the session was, “Post Trump and Modi, Where Is the World headed and What Should We Do About It - Making Sense of the Insensible.” The guest lecture was centered on the broad theme “How to plan your way through law school.”

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CAMPUS NEWS Annual Blood Donation Camp (February 20-21, 2017)

Annual Blood Donation Camp at Kandoli Campus; Mr. Arun Dhand (Director, Govt. Relations);Mr. Sanjiv Zutshi (Senior Director-Operations); Mr. Manish Madaan (Assistant Director, DSA)

An Annual Blood Donation Camp was organized in the Kandoli Campus of UPES on 20th and 21st February, 2017 by the Directorate of Student Affairs Team in collaboration with Blood Bank of Indian Medical Association and Shri Mahant Inderesh Hospital Trust. Day one and two at Kandoli saw a donation of 603 units and day three, four and five at Bidholi Campus had 1521 donations, making a total of 2124 donations which is a record in history of UPES. The objective was to instil and spread the idea and importance of blood donation and to encourage students towards the good cause.

IVth Novice Moot Court Competition (February 4-6, 2017) The 4th Novice Moot Court Competition was organized by Moot Court Association from 4th to 6th February, 2017 in College of Legal Studies, UPES, Dehradun. The event was organized with the motive to promote mooting culture among freshers and to polish their researching skills. Around 70 teams ed from various courses of law. The problem was based on the fundamentals of Contract and Constitution. Around 36 teams participated in the oral rounds conducted on 4th & 5th February,2017. Further, finals were organized on 6th February which was witnessed by students of CoLS and judged by Prof. Dr.

Tabrez Ahmed, Prof. Sampath Kumar, Dr. Ashish Verma, Dr. Sujata Bali and Ms. Pooja Gautam. The winners of the competition were Shruti Mandhotra, Shubham Mudgil and Jigyasa Pahwa. Best Researcher Award was bagged by Adhish Chandra Saxena and Best Speaker Award went to Pranjjal Sharma. Team comprising of Pranjjal Sharma, Tejaswini Garg and Shruti Sharma secured the Runners-up spot. Best Memorial Award went to the team comprising of Garima Sharma, Nandini Acharya and Archita Srivastava from CoLS.

Enervions – International Essay Writing Competition, 2017 (February 28, 2017) College of Legal Studies, UPES Dehradun in collaboration with Surana & Surana International Attorneys, Chennai organized, 2nd Enervions International Essay Writing Competition 2017. The last date for submission was February 28, 2017. This year’s theme was Climate Change and Sustainable Development, one of the most discussed topic in International arena. The advisory committee for the competition comprised of Prof. Dr. Tabrez Ahmad Director, College of Legal Studies, UPES; Prof. Sampath Kumar, Industry Fellow, College of Legal Studies, UPES; Dr. S. Ravichandran, Advocate & Head, Academic Initiatives, Surana & Surana International Attorneys, Chennai; Dr. Azim B. Pathan, College of Legal Studies, UPES. The jury for the competition comprised of legal luminaries

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from across the globe, namely, Prof. Arnaldo Sobrinho, University of Paraiba, Brazil; Ms. Elizabeth Chien-Hale, Faculty of Law, University of Toronto, Toronto; Prof. Srividhya Ragavan, Professor of Law, A&M University School of Law, Texas; Dr. M.K. Ramesh, Professor of Law, National Law School of India University, Bangalore; Mr. Yogesh Anand, AVP Legal, GMR Energy; Mr. Mohammed Naseem, Chairman & Managing Partner, Global Law of Liaison Services; Mr. Apoorva Misra, Partner, Jyoti Sagar Associates, New Delhi; Dr. Vinod Surana, Partner & CEO, Surana & Surana International Attorney, Chennai. Results are awaited for this competition.

FACULTY ACHIEVEMENTS Dr. Tabrez Ahmad •

Key note speaker and expert ist in the National Workshop on Demonetisation, Digitisation, and Regulation of E-commerce organised by Indian National Bar Association, Techlegis and Symbiosis International University held in Delhi on 28th January, 2017.

Dr. Mamta Rana •

Presented a Research Paper entitled “Unification of Personal Laws and Rights of Women” held at University Institute of Legal Studies, Chandigarh University on 25th February, 2017.

Dr. Azimkhan Bahadarkhan Pathan •

Acted as a Resource Person in Five days Faculty Development Workshop “Outcome Oriented Inspirational Teaching & Quality Legal Research” held at College of Legal Studies, University of Petroleum & Energy Studies, Dehradun on 5th January, 2017.

Dr. Sujata Bali •

Acted as a Resource Person in Five day Faculty Development Workshop “Outcome Oriented Inspirational Teaching & Quality Legal Research” held at College of Legal Studies, University of Petroleum & Energy Studies, Dehradun on the topic: Blue Book 20th Edition - Citation Method, Proof Reading and Editing from 3rd to 7th January, 2017.

Dr. Sandhya Kumari • •

Interned under Advocate-on-Record Mr. Sudarshan Rajan, SITHYA, Chamber 224, New Lawyers Chambers, Supreme Court, New Delhi-110001 as a part of Abhigyat Program from 9th to 24th January, 2017. Attended Orientation Course on Migration at Centre for Development Practice and Research, TISS, Takshila Campus from 20th to 26th February, 2017.

Dr. Gagandeep Kaur •

Attended workshop on Intellectual Property Rights for MSME conducted by PHD chambers in Dehradun on 24th January, 2017.

Ms. Charu Srivastava • •

Interned at Anand & Anand Law Firm, Noida as a part of Faculty Attachment Program (Abhigyat) ed by College of Legal Studies, UPES from 15th to 30th January, 2017. Presented a Research Paper entitled “Cyber Terrorism” in Rakesh Aggarwal Memorial International Law Seminar, 2017 organized by School of Law, IIMT Delhi on 21st January, 2017.

Mr. Shubham Srivastava •

Presented a paper entitled ‘Juvenile Justice System in India: Constitutional Perspective’ in National Seminar on New Generation Laws organized by Chandigarh University on 25th February, 2017.

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FACULTY ACHIEVEMENTS Mr. Ashish Jain •

Consulting Editor (Honorary) for period January, 2017- December, 2017 for International Journal of International Review of Contemporary Legal Issues, ISSN 2456 – 3730.

Ms. Vandana Bakshi •

Attended workshop on Intellectual Property Rights for MSME conducted by PHD chambers in Dehradun on 24th January, 2017.

Ms. Puja Kumari • •

Attended workshop on Intellectual Property Rights for MSME conducted by PHD chambers in Dehradun on 24th January, 2017. Presented a Research Paper entitled “Insolvency & Bankruptcy Code, 2016- Critical Analysis” in National Seminar on New Generation Laws organized by Chandigarh University on 25th February, 2017.

GALLERY Faculty Development Workshop, “Outcome Oriented Inspirational Teaching & Quality Legal Research” (January 3-7, 2017)

Faculty , College of Legal Studies, UPES with Prof. Dr. Afzal Wani, Dean, USLLS, GGSIP University, Delhi and Prof. Dr. Tabrez Ahmad, Director, CoLS, UPES

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GALLERY 6th Techno-Legal Management Fest IGNITE- 2017 (February 17-18, 2017)

Mr. N. Ravi Shanker, Former Chief Secretary, Uttarakhand Government; Prof. Dr. Tabrez Ahmad, Director, CoLS; Dr. S. K. Pokhriyal, Associate Dean, PG, CoMES (left to right)

Prof. Bangar Raju (Port and Shipping), CoMES; Prof. Karunakar Jha, CoMES; Prof. Dr. Tabrez Ahmad, Director, CoLS; Dr. Shrihari Honwad, Vice-Chancellor, UPES; Mr. N. Ravi Shanker, Former Chief Secretary, Uttarakhand Government (left to right)

Dr. Mamta Rana, Dr. Azimkhan Bahadarkhan Pathan, Dr. Sujata Bali, Prof. Dr. Tabrez Ahmad, Director, CoLS, UPES; Dr. B. S. Negi, former Director GAIL India Ltd; Dr. Ashish Verma, Dr. Shikha Dimri, Mohd. Shakeib Naru (left to right)

Mesmerizing Performance at Cultural Night, IGNITE-2017

Valedictory ceremony of IGNITE-2017 on 18th Feb, 2017 in the auspicious presence of Dr. B. S. Negi, former Director GAIL India Ltd, as Chief Guest; Prof. (Dr.) Tabrez Ahmad, Director, CoLS; faculty of CoLS

Inaugural Ceremony of 6th Techno-Legal Management Fest IGNITE 2017(February 17-18, 2017)

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GALLERY 3rd National Trial Advocacy Competition, 2017 (February 17-19, 2017)

Mr. Ashish Chakraborthy, Advocate, Justice Ravi R. Tripathi, Former Judge, Gujarat High Court and Present Member of the Law Commission of India and Mr. Siddharth Jayaprakash, Legal Professional (left to right)

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2nd National Mediation Competition – Maadhyastham (February 17-18, 2017)

Mr. Ashish Jain, Dr. Priyanka Sharma Khanduja, Dr. Sandhya Kumari as judges (left to right)

Mr. Devraj Singh, Independent practitioner at Delhi High Court with Mr. Sanjiv Zutshi, Senior Director, Operations, UPES

Prof. (Dr.) Tabrez Ahmad,Director, CoLS, UPES, addressing the gathering at the inauguration ceremony of 3rd National Trial Advocacy Competition,2017

Participants with the coveted 3rd National Trial Advocacy Trophy

Justice Ravi R. Tripathi, Former Judge, Gujarat High Court and Present Member of the Law Commission of India addressing august gathering of 3rd National Trial Advocacy Competition, 2017

GALLERY

Jigyasa Pahwa, Shruti Mandhotra, Shubham Mudgil; Winners IVth Novice Moot Court Competition ,2017

Best orator award in Amity Mock Parliament to Shivang Khanna (B.B.A., LL.B. (Hons.) in Corporate Laws Krishnam Goyal of final year, B.Tech., LL.B. (Hons.) in IPR has received Scholarship from the University of New Hampshire, Concord, New England USA for USD 8000

Best orator award in Amity Mock Parliament to Shivang Khanna B.B.A., LL.B. (Hons.) in Corporate Laws

Best Student Advocate Award to Sayak Chatterjee in Surana and Surana National Corporate Law Moot Court Competition, 2017. Shubh Agarwal, Sayak Chatterjee and Samridh Bindal, B.Com.,LL.B. (Hons.) (Taxation Laws, Year II) (left to right)

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Editorial Board Chairman:

Faculty Coordinator:

Faculty In-charge:

Dr. Tabrez Ahmad

Dr. Sujata Bali

Ms. Charu Srivastava

Faculty Media Coordinator:

Faculty Managing Editor:

Design Editor:

Ms. Puja Kumari

Mr. Sakshat Bansal

Mrs. Suparna Ghoshal

Student Editor-in-Chief:

Student Associate Editors:

Biswaroop Mukherjee

Aniket Chatterjee Anushka Dhawan Neha Singh Siddhant Sharma

Student Senior Editors: Ayushi Verma Nitish Chandan Rachiyta Jain Saransh Vijay

Student Designer: Abhay Singh Sengar

Student Managing Editor: Abhishek Anand

Student Assistant Managing Editor: Shubham Dave

Student Media Coordinator: Amartya Shrivastava

Student Assistant Editors: Ameya Sapre Ankit Singh Ankita Agarwal Anushka Arora Anushtha Srivastava Ashutosh Joshi Girdhar Khattar Krishna Pallavi Kunjal Jawaria Nitish Paraskar Pranjjall Sharma Pritika Bhasin Saurabh Srivastava Vishwaraj Panwar

Felicitation of College of Legal Studies: Team Newsletter 2016 First row (left to right): Saransh Vijay, Shatrunjay Bose (Student Editor-In-Chief), Saif Rehman Ansari (Student Managing Editor), Prof. (Dr.) Tabrez Ahmad (Director, CoLS), Mr. Anubhav Jha (Faculty Managing Editor), Dr. Sujata Bali (Faculty In-charge), Ms. Charu Srivastava (Faculty Media Coordinator), Girdhar Khattar Second row (left to right): Biswaroop Mukherjee, Abhishek Anand, Krishna Pallavi, Anushka Arora, Aniket Chatterjee, Neha Singh, Ayushi Verma, Amartya Shrivastava