ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by A G NooraniSubscribe to A G Noorani

The State as Law-Breaker

with lotteries too, fake and otherwise, including the political! Footnote: And talking of money, good and bad, Rajiv Gandhi has reportedly accepted and acknowledged a donation of ten million dollars to the PM\s Relief Fund from Anderson of Union Carbide who was arrested in Bhopal not so long ago! February 22.

The Right to Sue

The Right to Sue A G Noorani THE right to sue or prosecute is indispensable in a democratic society which believes in the principle of accountability. Our legal system preserves some handovers of colonial rule because it suits the interests of the present rulers to do so even if it violates the basics of a democratic society. The definition of "good faith' in the General Clauses Act, 1897, virtually deprives the citizen of the right to sue the State and its officials for negligent performance of statutory duties which result in damage to the citizen. An identical expression used in the Penal Code, 1860 requires of the citizen due care and caution if he is to escape criminal accountability. Thus, the State acts in 'good faith' even if it acts negligently but if the citizen fails to exercise care he is not credited with 'good faith' no matter how honestly he acts.

Members Rights in Political Parties

Members' Rights in Political Parties A G Noorani HOW many political parties in India are run on a democratic basis? How may hold free and fair organisational elections or any at all? How many are governed by a coterie? These questions needed to be asked any way. They are all the more pertinent now that the proposed anti-defection law will hand over every legislator and his seat to the control of the party bosses.

Freedom and Visual Arts

Freedom and Visual Arts A G Noorani INDIAN authorities have an instinctive and appalling dread of the visual. They have just about reconciled themselves to the 'terrors' of the printed word

Public Discussion and Contempt of Court

Is it open to courts to forbid public discussion of a matter of public concern because it is the subject of litigation?

CIVIL LIBERTIES-Newsprint and Press Freedom

mulgated in the workers' bustees. But defying 144, about one thousand women and children took out a procession. The police fired several rounds of tear-gas shells and made a lathi- charge. Many women were injured and were arrested. On August 31, a Rajnandgaon Bundh call was given. The bundh was partially successful in city area but was totally successful in the mazdoor bustees. Sankar Guha Neogi was arrested along with 350 workers. Section 144 was promulgated on August 31 and continued till September 30, RKMS organised a procession and public meeting at the mill gate on September 11. The tail of the procession was attacked by an INTUC-goonda combine. It is alleged that the police helped the attackers. A worker was seriously injured and later on died in hospital.

CIVIL LIBERTIES-Police Powers of Detention for Interrogation

November 10, 1984 a considerable distance towards linking export industries with preferential access to machinery and equipment. The zero-duty import entitlement certificate proposed here would make the link between export performance and access to capital equipment at world prices completely clear. It would allow any exporters even in industries which are only marginal today such as chemicals, plastics and rubber manufacturers to benefit in future expansion.

CIVIL LIBERTIES-Rule of Law and Terrorism in Punjab and Northern Ireland

Rule of Law and Terrorism in Punjab and Northern Ireland A G Noorani IT is astonishing that hardly anyone has spoken in censure of Rajiv Gandhi's deplorable interference with the course of justice according to law. He said at a press conference at Barkul on October 23 that he was against the release from detention of Sam Harchand-Singh Longowal, Prakash Singh Badal and Gurcharan Singh Tohra. And he added

CIVIL LIBERTIES-Supreme Court and Punjab Crisis

CIVIL LIBERTIES Supreme Court and Punjab Crisis A G Noorani THE Supreme Court was confronted in the Punjab crisis with the greatest challenge to its role as a sentinel of liberty under the Constitution since the famous habeas corpus case during the Emergency in 1976. The Court failed disastrously then. It has done little better in the two major Punjab cases concerning the right to assemble and the right to liberty.

CIVIL LIBERTIES- Public Interest Litigation

procurement policy, even in times of an oil glut, banking largely on long-term supply contracts, while it could have saved hundreds of crores of rupees by making timely purchases on the spot market.

CIVIL LIBERTIES- Curfew as Tool of Repression

An examination of the various heads of expenditure in the DP throws up some curious priorities: almost 33 per cent of expenditure on the IC is marked to acquisition and development of recreation and playgrounds but in the 1967 Plan only 0.93 per cent of a total expenditure of Rs 265.81 crore actually went on this. Less than 20 per cent of the IC budget is proposed for housing the dishoused and some 12 per cent of the suburban budget is marked to this head. Public health provision comes well below provision for roads and communications and recreation and open spaces in the suburban budget.

CIVIL LIBERTIES- The Terrorist Ordinance

June 5-6, indicted the administration for its incompetence. Within Punjab, senior officials of the Home and Vigilance Departments, from the police, the BSF and the CRP categorically state that detailed reports were sent to Delhi about the activities within and around the Golden Temple. But Delhi chose not to act, P S Bhinder, former Inspector General of Police (Law and Oder), relieved of his post last month, told us, 'intelligence information reached the places it should have reached. It was a political failure." The Home Secretary of Punjab said; "The Government had a fair idea of the kind of weapons inside the Golden Temple


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