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

Articles by A G NooraniSubscribe to A G Noorani

CIVIL LIBERTIES-The Customs as Censors

CIVIL LIBERTIES The Customs as Censors A G Noorani THE Finance Minister, Pranab Mukherjee's statement in the Rajya Sabha on March 25 on the Customs authorities' power to impound magazines has at least the merit of openness. This is in glaring contrast to the disgracefully underhand official suppression of copies of two Indian periodicals, Sunday and India Today, which the Government of India simply refuses to own up to. Yet, as member after member pointed cut in the Rajya Sabha on March 14 .all available copies of these journals were bought up during the week the NAM summit was on. A formal ban could have been challenged in a court of law and attracted unwelcome publicity. Hence, the dishonest strategy.

CIVIL LIBERTIES-Murder by Governments

Murder by Governments A G Noorani ON March 22, in Bombay. Chaitanya Kalbagh was awarded the "PUCL- India Today's Journalism for Human Rights Award'' for 1982 for his authoritative reportage in India Today of killing of 299 innocent people by the police in fake encounters in UP. On that very day, coincidentally, Amnesty International published its 131-page report entitleed "Political Killings by Governments".

Gandhi, Jinnah and Mount batten

Gandhi, Jinnah and Mount batten A G Noorani The Transfer of Power 1942-7 : Vol XI, The Mountbatten Vice- royalty : Announcement and Reception of the 3 June Plan, 31 May- 7 July 1947 Editor-in-Chief Nicholas Manseirgh, Editor Penderel Moon; HMSO, London,

CIVIL LIBERTIES-Press and the Post

Press and the Post A G Noorani A LITTLE -NOTICED news report by the UNI under a New Delhi, February 14 dateline reveals in a flash how dependent the freedom of the press is on the vagaries of the postal services. The report is set out in extensor Parliament Street Post Office here today refused to send the PUCL Bulletin, a journal of the People's Union for Civil Liberties, to destinations in Assam for 'unknown reasons', Delhi PUCL General Secretary Inder Mohan claimed.

CIVIL LIBERTIES-Compensating the Wronged

Compensating the Wronged A G Noorani IT is bad enough to imprison a man without trial for months or years and, as it were, take away a slice of his life. But the legal system which permits this outrage surely owes it to the man to compensate him financially if the imprisonment is declared illegal under the very law which sanctions the outrage of imprisonment without trial. Suits for damages for false imprisonment and criminal prosecutions lor the same offence are no remedies because (he statute sanctioning preventive detention takes good care to protect erring officiate and the government. Why should not the Court releasing the detenue have the power to award damages or compensation?

CIVIL LIBERTIES-Investigating Complaints against Police

rise to the gain or how it comes into being is simply beside the pont. However, now that it is well established that any gain from goodwill cannot be treated as capital gain, it will pay to receive most of the gains on the transfer of a business in the form of goodwill and since this requires nothing more than some readjustment in the valuation of different components of business assets, the tax authorities can scarcely hope to win the game. So far as capital gains tax is concerned goodwill can safely be regarded as outside its net and no one would probably dare think of bringing goodwill gains under tax as ordinary income either. Indeed, goodwill of businesses in this country is a self- generating asset, begetting goodwill of its own in ways probably never contemplated by their acquirers.

CIVIL LIBERTIES - Mandamus as the Citizen s Weapon

have foiled to attend offices on bandh days have been for long inviting disciplinary and punitive measures like break in service, stoppage of increment or even dismissal; but the various organisations of civil servants, especially of those at the crucial levels of the office superintendent and below, continue to extend support to the agitation and, more importantly, have opposed the holding of elections.

CIVIL LIBERTIES-Raiding a Newspaper Press

Raiding a Newspaper Press A G Noorani ON November 1, 1982 the Patna police raided, for the second time in less than five weeks, the printing press of Newspapers and Publications Limited which publishes the Indian Nation and Arya- carta dailies. It was in consequence of an FIR, the second in the same period, by Mahantot Jha, the Bihar Chief Minister's chauffeur, about an accident involving the chief minister's car and resulting in the death of the driver. The driver said to be 'missing' from the Finance Department's pool of drivers was identified us Bhola Ram. The grievance made in the FIR was that the report had caused distress; that people had flocked to the chief minister's residence and there was a demonstration by government drivers.

CIVIL LIBERTIES-Public Interest Litigation

Public Interest Litigation BY any test, the order of the Division Bench of the Supreme Court consisting of the Justice Fazala Ali and Justice E S Venkataramaiah, on November 29, is wrong and testifies only to the rapid erosion of judicial discipline on the part of the Judges of the Court. The facts are simple.

CIVIL LIBERTIES-Our Swadeshi Stuarts Dispensing Power

which in turn, raises the dollar's value in relation to non-US currencies. An ideal condition for making US exports less competitive (and inversely imports more competitive) on the world market.

The Right to Know

The Right to Know A G Noorani Open Government in India by S R Maheshwari; Macmillan; Rs 50. The Politics of Secrecy by James Michael; Penguin, Rs 45.25, Public Rights and Private Interest by J A G Griffith; The Academy of Legal Publications, Trivandrum; Rs 80.

CIVIL LIBERTIES-Summoning to Police Station

CIVIL LIBERTIES Summoning to Police Station A G Noorani ON September 21, 1982 the Gauhati High Court ruled that the armed forces stationed in Manipur cannot detain arrested persons for interrogation under the Armed Forces ("Special Powers) Act 1958. The ratio of the ruling, however, is universally applicable, namely a person can be arrested if he commits a cognisable offence or against whom a reasonable suspicion exists that he has either committed or is likely to commit such an offence. The Court said emphatically that such satisfaction on the part of the police should precede his arrest and not vice-versa. This is the heart of the matter. The practice of the policeman summoning a citizen to the police .station

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