Legal Directions Newsletter March 2019

Newsletter on Indian and International Legal Affairs An initiative of RMN Foundation humanitarian organization VOL. II | ISSUE 3 | March 2019

Legal Directions Law Simplified

By Rakesh Raman

President Donald J. Trump participates in swearing-in of William P. Barr administered by U.S. Supreme Court Chief Justice John Roberts

An Editorial Initiative of Raman Media Network

Legal Trends | Opinions | Events | Law Education | Reforms

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Main Stories in This Issue

Events

Book on Law, Justice & Judicial Power Crystal Scales of Justice Prize

Legal Cases

Awareness

Trends

No Place for Capital Punishment Legal System for Using Artificial Intelligence ICC Event for New ‘Den Haag Hub’ Paper on Pro Bono Legal Services

New U.S. Attorney General William Barr Open Hearing of Rafale Case Petitions

Education for Justice Program Cryptography and Its Legal Implications English Language Dilemma in Indian Courts Chief Legal Officers Survey

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Trump’s Pick William Barr May Scuttle Mueller’s Russia Probe Although in his Senate confirmation hearings Barr had willy-nilly supported Mueller investigation, it is expected that he will somehow interfere in Mueller’s work.

The appointment of William P. Barr as the 85th U.S. Attorney General is expected to scuttle the ongoing probe aimed to assess the Russian interference in the 2016 presidential election.

Currently, special ​counsel Robert Mueller is leading a judicial team to know the extent of Trump-Russia ties that allegedly helped Donald Trump win the 2016 presidential race.

Earlier, Trump had fired Attorney General Jeff Sessions who was not willing to stop Mueller probe against Trump. On December 7, 2018, President Trump had announced Barr’s nomination for Attorney General to succeed Jeff Sessions.

Barr – who was confirmed by the U.S. Senate on February 14 – is known for his unconditional loyalty to Trump. He has openly criticized Mueller investigation, and in June 2018, he had sent an unsolicited 20-page memo to Deputy Attorney General Rod Rosenstein about Mueller probe.

In his memo titled “Mueller’s Obstruction Theory,” Barr raised questions about special counsel's approach to potential obstruction of justice by Trump and opined that it was "fatally misconceived" and Trump's actions were within his presidential authority.

Although in his Senate confirmation hearings Barr had willy-nilly supported Mueller investigation, it is expected that he will somehow interfere in Mueller’s work.

In fact, Matt Schlapp – who is a Trump supporter and president of the American Conservative Union – has stated that after Barr’s appointment as Attorney General, Mueller’s days are numbered.

It is also being conjectured that Barr will refuse to release the full Mueller report on Trump’s alleged ties with Russia and will share a redacted version of the report to save Trump surreptitiously.

Meanwhile, in order to neutralize Barr’s attempt to secretly protect Trump, the U.S. Congress - the House of Representatives and the Senate – is expected to accelerate its separate investigations against Trump.

In February, the House Intelligence Committee had voted to release all witness transcripts from its Russia investigation to the Department of Justice and special counsel Robert Mueller.

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President Donald J. Trump participates in swearing-in of William P. Barr administered by U.S. Supreme Court Chief Justice John Roberts on February 14, 2019. Attorney General Barr’s wife, Christine, holds the Bible. Official White House Photo by Tia Dufour Trump has objected to the congressional oversight into his alleged felonious deals with Russia and stated irrationally that the investigation will hurt the economy.

Trump had participated in the swearing-in of Barr during a ceremony in the Oval Office of the White House, where U.S. Supreme Court Chief Justice John Roberts administered the oath of office.

President of India Receives First Copy of Book on Law and Justice The President said that justice is not an absolute and justice is not a constant.

The President of India, Ram Nath Kovind, received the first copy of the book “Law, Justice & Judicial Power – Justice PN Bhagwati’s Approach” from Chief Justice of India, Ranjan Gogoi, who released it at a function held in ​New Delhi​ on February 8, 2019.

Speaking on the occasion, the President said that it is not without reason that Justice Bhagwati has been called the father of public interest litigation (PIL) in India. The idealism and simplicity

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of the highest court in the country responding to even a petition filed on a postcard is worthy of appreciation.

President Ram Nath Kovind receiving the First Copy of the Festschrift titled “Law, Justice & Judicial Power – Justice P.N. Bhagwati’s Approach” in New Delhi on February 8, 2019. Photo: PIB

The PIL tradition is an Indian contribution to the practice of law and the process of justice delivery. This has been admired by other​ democracies​ and other legal systems as well.

While there are occasions when PIL professionals may misuse such provisions for their own vested ends or to obstruct legitimate decision making, the President noted that the judiciary is guarding against such attempts. He said that in the wider picture, however, it is instructive to see the value and the service of a mechanism such as a PIL. The President said that justice is not an absolute and justice is not a constant. The very definition of justice as well as the roads by which justice is reached have evolved and grown through the course of human history.

Over three decades ago, Justice Bhagwati and his generation of jurists spread the horizons of justice. Today, the President said, at our stage of development, there are new challenges in the realization of social and economic justice, and of climate and technology justice.

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India to Improve Legal System for Using Artificial Intelligence India is strengthening its legal system and regulatory framework to deal with this world of digital data.

India’s Minister of Commerce & Industry, Suresh Prabhu, said that the government will use Artificial Intelligence (​AI​) for good governance and proper regulations, and corrective action will be taken to protect citizen’s privacy and ownership of data.

Suresh Prabhu speaking at the AI conference in New Delhi on February 18, 2019. Photo: PIB Suresh Prabhu added that India is strengthening its legal system and regulatory framework to deal with this world of ​digital data. The Minister said that every country is developing an AI strategy and India too is working on developing a strategy for the use of AI for the common good.

The minister was speaking at the ‘International Colloquium on Ethics and Governance of Autonomous AI System for a Better World’ held in New Delhi on February 18.

This is the first time in human history that machines are taking decisions based on data and experience and we have to learn to deal with this kind of decision making.

Government will have to put in place mechanisms on how data is used and algorithms are written. The AI applications are increasingly being deployed to improve the justice systems.

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UNODC’s E4J Initiative to Promote the Culture of Lawfulness The tools and resources help educators teach the next generation to better understand and address problems that can undermine the rule of law.

The Education for Justice (E4J) initiative seeks to prevent crime and promote a culture of lawfulness through educational tools and resources designed for primary, secondary, and tertiary education levels.

It is a component of the United Nations Office on Drugs and Crime (UNODC) Global Programme for the Implementation of the Doha Declaration. These tools and resources help educators teach the next generation to better understand and address problems that can undermine the rule of law.

Education is UNESCO’s top priority because it is a basic ​human right and the foundation on which to build peace and drive sustainable development.

UNESCO is the United Nations’ specialized agency for education, and the education sector provides global and regional leadership in education, strengthens national education systems, and responds to contemporary global challenges through education.

UNESCO, as the United Nations’ specialized agency for education, is entrusted to lead and coordinate the Education 2030 Agenda, which is part of a global movement to eradicate ​poverty through 17 Sustainable Development Goals (SDGs) by 2030.

Education, essential to achieve all of these goals, has its own dedicated Goal 4, which aims to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.”

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Education for Justice. Photo: UNODC The Education 2030 Framework for Action provides guidance for the implementation of this ambitious goal and commitments.

Download Previous Issues of Legal Directions September 2018

October 2018

November 2018

December 2018

January 2019

February 2019

2019 ACC Chief Legal Officers Survey Released The survey shows how CLOs are assuming positions of influence on the business side of the company.

The Association of Corporate Counsel (ACC) observes that the influence of the Chief Legal Officer (CLO) is expanding. The CLO role is gaining momentum as issues that affect businesses, from sustainability to data security, become more urgent and complex. The ACC Chief Legal Officers Survey shows how CLOs are assuming positions of influence on the business side of the

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company, taking on roles beyond that of technical legal adviser. You can click ​here to download the Executive Summary of the survey report.

Appeal for Donations RMN Foundation - the publisher of ​Legal Directions newsletter - is a humanitarian organization that was formed in May 2015 as an educational and public charitable Trust for

the benefit of humanity at large. It is registered with the Government of National Capital Territory of Delhi at New Delhi, India.

Currently, all the activities of RMN Foundation are being managed single-handedly (without any support) by RMN Foundation founder Rakesh Raman who had left his job a few years ago to run this charity.

As RMN Foundation has embarked upon some major humanitarian projects during the past over 3 years, now it needs a significant amount of funds in the form of ​donations to expand the scope of its activities.

Individual Indian donors can help RMN Foundation with their contributions using the following bank details: Bank Name: ICICI Bank Bank Branch: HL Square, Plot No. 6, Sector 5 (MLU), Dwarka, New Delhi 110 075 Account Number: 025005004368 Account Name: RMN Foundation Type of Account: Current IFSC Code: ICIC0000250 You can ​click here​ to donate with PayPal, credit card, or bank account.

Understanding Cryptography and Its Legal Implications The adoption of cryptographic technology has raised many legal issues in the information-driven world.

In the evolving digital world, cryptography or cryptology is the technology application to ensure secure communications in the presence of third parties called adversaries. In its earlier form, cryptography was known as data encryption.

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It helps you construct and analyze protocols that prevent third parties or the public from reading private messages delivered over digital networks.

In order to achieve information security, cryptography integrates components such as data confidentiality, data integrity, authentication, and non-repudiation. Cryptography models are designed by using advanced mathematics, computer science, electrical engineering, communication science, and physics.

Applications of cryptography include electronic commerce, chip-based payment cards, digital currencies, computer passwords, and military communications.

The adoption of cryptographic technology has raised many legal issues in the information-driven world. In despotic regimes, cryptography is used as a secret punitive tool for espionage and sedition charges against the dissenters.

In some jurisdictions, the use of cryptography is legal and laws permit investigators to compel the disclosure of encryption keys for documents relevant to an investigation. Cryptography plays a major role in digital rights management and copyright infringement of digital media.

Supreme Court Allows Open Hearing of Rafale Case Petitions With an embezzlement of Rs. 30,000 crore, the Rafale scam in India is stated to be the biggest government-led fraud in the world.

The Supreme Court (SC) of India has allowed open hearing of Rafale review petitions. A bench of Chief Justice Ranjan Gogoi, Justice S. K. Kaul, and K. M. Joseph decreed on February 26 that the review petitions filed by former Indian ministers Yashwant Sinha and Arun Shourie along with lawyer-activist Prashant Bhushan will be heard in open court.

Along with the review petitions, the Court will also hear the correction petition filed by the Central Government, and also the petition filed for initiating perjury proceedings against officials who allegedly misled the Court by submitting false information in the notes submitted to the Court.

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“SC allows open court hearing of our review petition in Rafale along with our application for prosecuting those officers who supplied false info or suppressed info from the court,” Prashant Bhushan ​tweeted​.

The petitioners have claimed that the December 14 SC judgment contains "patent factual and legal errors." The apex court had earlier dismissed Public Interest Litigation (PIL) petitions with the observation that there was "no occasion to doubt" the decision-making process of the government in the procurement of 36 Rafale jets from France.

With an embezzlement of Rs. 30,000 crore (~ US$ 4 billion), the Rafale scam in India is stated to be the biggest government-led fraud in the world.

No Place for Capital Punishment: António Guterres Worldwide, some 170 States, with a variety of legal systems, have either abolished the death penalty in law, or do not carry out executions in practice.

UN Secretary-General António Guterres said on February 27 that the death penalty has no place in the twenty-first century. He was addressing the seventh World Congress against the Death Penalty, in Brussels.

“I oppose it in all circumstances. And I am proud that my home country, Portugal, was one of the first to abolish capital punishment 150 years ago,” Guterres said.

Last December, the General Assembly resolution calling for a moratorium on the use of the death penalty​ was co-sponsored by 121 States — the highest number ever.

Guterres added that the practice is still employed despite its cruelty, despite the myth that it deters crime and despite the knowledge that innocent people have been — and may continue to be — put to death.

“As Secretary-General of the United Nations, alongside the majority of Member States and civil society, I will continue to advocate for the universal abolishment of capital punishment.

Together we can bring about this change,” he said.

Meanwhile, Michelle Bachelet, UN High Commissioner for Human Rights, said that the UN opposes the use of the death penalty, everywhere, and in all circumstances.

Worldwide, some 170 States, with a variety of legal systems​, traditions, cultures and religions, have either abolished the death penalty in law, or do not carry out executions in practice.

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UN Secretary-General António Guterres addresses an event on the occasion of the World Day Against the Death Penalty on 10 October 2017. On his right is Andrew Gilmour, Assistant Secretary-General for Human Rights. UN Photo/Manuel Elias At the end of last year, 121 States – the highest ever number – voted in favour of the General Assembly resolution for a moratorium on use of the death penalty.

English Language Dilemma in Indian Courts The prime reason for the repeated goof-ups in Indian courts is the lack of English language skills among the Indian legal fraternity.

The language used in Indian courts is so bad that it is not possible to make heads or tails of the sentences written in the court documents, including petitions and orders.

There is no denying that English ​language has become a veritable ​raison d’être for people who want to survive and progress in an underdeveloped

country such as ​India​. But Indian professionals show scant respect for English. Case in point: Indian legal profession.

The ongoing court case related to the controversial ​Rafale deal has once again brought home the fact that the Indian courts are not yet ready to work in English language.

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Although most judgements - like the Rafale verdict pronounced in December 2018 - of courts are flawed because judges and lawyers lack domain expertise in the cases they handle, the prime reason for the repeated goof-ups is the lack of ​English language skills among the Indian legal fraternity.

The Indian law colleges and universities are also not fully equipped to teach English to law students. Result: Clumsy court cases.

Download the Research Paper: Risks of Language Limitations in Indian Judiciary

Crystal Scales of Justice Prize The aim of the prize is to identify and promote innovative practices regarding the conduct of proceedings, court organization, and the functioning of court systems.

Created in 2005, the "Crystal Scales of Justice" Prize is a competition aimed at discovering and highlighting innovative and efficient practices concerning the functioning of justice, judicial procedures, or the organization of courts.

These

practices

are

conducted

in

European

jurisdictions (for example, initiatives devised by a court president, a registry, a Bar). They are drawn to the attention of policy-makers and the judicial community so as to improve the functioning of the public justice system.

The aim of the prize is to identify and promote innovative practices regarding the conduct of proceedings, court organization, and the functioning of court systems in general.

The 2019 competition is open to courts, Bar Associations, non-governmental organizations (​NGOs​), and any other bodies dealing with judicial affairs in a member State of the Council of Europe or an observer State to the European Commission for the Efficiency of Justice (CEPEJ).

Applications must meet the eligibility criteria as specified in the Rules of the Prize, and be submitted to the Council of Europe, preferably electronically, by 31 March, 2019.

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The Prize awarding ceremony will take place in Oslo (Norway) on 25 October, 2019 in the framework of the European Day of Justice.

ICC Hosts Launch of International Gender Champions Network’s ‘Den Haag Hub’ The Hague Hub aims to promote gender equality across organisations of all stripes.

The International Criminal Court (ICC) hosted an event on February 5 to launch the hub of the International Gender Champions (IGC) initiative in The Hague, The Netherlands, organized by the Embassies of Canada and Switzerland to The Netherlands.

International Gender Champions Network’s New ‘Den Haag Hub’. Photo: ICC During the event, Gender Champions, aspiring Gender Champions, and other advocates of gender equality discussed how to put into action the commitment of decision-makers in The Hague to break down gender barriers.

Led by Sabine Nӧlke, Ambassador of Canada to the Netherlands, and Heinz Walker-Nederkoorn, Ambassador of Switzerland to The Netherlands, The Hague Hub aims to promote gender equality across organisations of all stripes in the city as well coordinating global efforts with other IGC Chapters in Geneva, New York, Vienna, and Nairobi.

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ICC officials - President Chile Eboe-Osuji, Prosecutor Fatou Bensouda, and Registrar Peter Lewis - in their individual capacity as heads of the three organs of the ICC, joined the IGC leadership network last year vowing to strengthen gender equality at the Court by taking concrete measures jointly and individually within their respective spheres of responsibility.

The event opened with remarks by ICC President Eboe-Osuji, ICC Registrar Lewis, and Sabine Nӧlke, Ambassador of Canada to The Netherlands.

"We can - and must - make it our culture to include women into public offices in equal numbers as men," stated ICC President Judge Chile Eboe-Osuji.

Paper on Pro Bono Legal Services The paper explores the strategic benefits of engaging all members of a legal department as well as employees outside of the department in pro bono activity.

Involving all legal staff in pro bono, including lawyers, paralegals, support staff, and others, is a common practice in in-house pro bono that presents several advantages. These include expanding a legal department’s pro bono efforts and helping meet the growing demand for legal services among underserved communities.

A Corporate Pro Bono (CPBO) ​paper explores the strategic benefits of engaging all members of a legal department as well as employees outside of the department in pro bono activity, the types

of pro bono opportunities available to those without a legal license, and real-world examples of how both legal department professionals and professionals outside the legal department are fulfilling a critical role in delivering pro bono legal services.

Meet the Editor

The editor of ​Legal Directions newsletter ​Rakesh Raman is a national award-winning

journalist and social activist. Besides working at senior editorial positions with leading media companies, he was writing an exclusive edit-page column regularly for The Financial Express (a daily business newspaper of The Indian Express Group).

Nowadays, for the past about 8 years, he has been running his own global news services on different subjects. He also has formed a free Education and Career Counselling Center for

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deserving children at a poor J.J. Colony in Dwarka, New Delhi under his ​NGO – RMN Foundation.

He runs an exclusive community-driven anti-corruption social service “​Clean House​” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice.

He also has formed an environment-protection group called​ Green Group​ in Delhi.

He creates and distributes a number of ​digital publications that cover areas such as technology, law, environment, education, politics, corruption and transparency.

He has created a comprehensive online information service to educate the Indian voters for the upcoming ​Lok Sabha election​ scheduled to happen in 2019.

Earlier, he had been associated with the United Nations (UN) through United Nations Industrial Development Organization (UNIDO) as a digital media expert to help businesses use technology for brand marketing and business development.

Collaboration with Legal Directions Project The ​Legal Directions newsletter is being published by RMN Foundation. It is being circulated among the top UN agencies, legal professionals, law colleges / universities, law-enforcement agencies, civil society organizations, social activists, and others in India and abroad.

RMN Foundation is looking for sponsors and collaborators across the world who can help us expand the legal content activity around ​Legal Directions​.

Contact

Rakesh Raman Founder RMN Foundation

463, DPS Apts., Plot No. 16, Sector 4, Dwarka, Phase I New Delhi 110 078, INDIA

Contact by email