Legal Directions Newsletter May 2019

Newsletter on Indian and International Legal Affairs An initiative of RMN Foundation humanitarian organization VOL. II | ISSUE 5 | May 2019

Legal Directions Law Simplified

Defence team of Mathieu Ngudjolo Chui in ICC Courtroom I in The Hague. Photo: ICC-CPI

An Editorial Initiative of Raman Media Network Editor: Rakesh Raman

Legal Trends | Opinions | Events | Law Education | Reforms

Legal Directions: Newsletter on International Legal Affairs by RMN Foundation. May 2019

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Main Stories in This Issue

Special Court

Legal Cases

Ukraine Launches Anti-Corruption Court TrialWatch to Help Vulnerable People

Court TV Unveils Programming Plans Training Program for Judges and Prosecutors

ICC Seeks Cooperation from Panama Decay of the Indian Legal System

Legal Services

Learning

Sextortion Charges on Chief Justice of India Charity Seeks Pro Bono Legal Services

How Defence Teams Work at Criminal Court Anniversary of International Court of Justice

Attorney General Barr Refuses to Testify International Law and Emerging Powers

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Trump-Russia Links: Attorney General William Barr Refuses to Testify In all probability this case will eventually get hushed up and Trump will win again in 2020 to retain his presidential position.

The House Judiciary Committee Chairman Jerrold Nadler (D-NY) has expressed his anguish over Attorney General William Barr’s refusal to testify at a scheduled hearing over special counsel Robert Mueller​’s report on President Donald Trump’s links with Russia.

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 “Attorney General Barr has informed us that he will not appear today. Although we worked to accommodate his concerns, he objects to the prospect of answering questions by staff counsel and to the possibility that we may go into executive session to discuss certain sensitive topics,” Nadler said in a​ statement​ released on May 2.

The House Judiciary Committee has raised concerns over Barr’s characterization of Mueller report and even the special counsel himself had written a letter to Barr with his objections, saying Barr has not captured the context, nature, and substance of the report.

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The Department of Justice headed by Barr has also decided to ignore the subpoena for the unredacted Mueller report and the underlying evidence that the Congress is demanding.

“Every member of this Committee—Democrat and Republican alike—should understand the consequences when the executive branch tells us that they will simply ignore a lawful subpoena,” Nadler said in his statement.

“If left unchecked, this act of obstruction will make it that much harder for us to hold the Executive Branch accountable for waste, fraud, and abuse, or to enact legislation to curb that kind of misconduct—no matter which party holds this chamber or the White House at a given moment,” the statement added.

“President Trump has told Congress that he plans to fight all subpoenas. His promise to obstruct our work extends far beyond his contacts with the Russian government and allegations of ​obstruction​ of justice,” Nadler said.

The Democrats are up in arms after the Department of Justice released Mueller’s partial report along with Barr’s misleading conclusion about the report.

House Speaker Nancy Pelosi and Senate Democratic Leader Chuck Schumer said in a statement that Barr presented a conclusion that the president did not obstruct justice, but special counsel Mueller’s report cites several instances of presidential action that appear to undercut that finding.

After nearly two years of investigation, Mueller delivered a 448-page ​report on March 20. The report in two volumes – covering Russian interference including charges of conspiracy and the obstruction of justice – is so vague that it is difficult to make heads or tails of his random conclusions.

The vagueness of the report has given an opportunity to Trump to claim that there was no collusion with Russia and no obstruction of justice by him. Trump claims that the Mueller report has completely exonerated him.

Democrats believe that Trump and Barr are lying, but the beleaguered ​Democrats are not able to get the full report and Barr has flatly refused to appear before the House Judiciary Committee.

In all probability this case will eventually get hushed up and Trump will win again in 2020 to retain his presidential position.

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How Defence Teams Work at International Criminal Court Within the Court, Defence teams can also benefit from assistance of the Office of Public Counsel for the Defence (OPCD).

According to the International Criminal Court (​ICC​), a strong defence is a vital component of a fair trial. The Defence teams represent and protect the rights of the defendant (suspect or accused) and all defendants are presumed innocent until proven guilty beyond reasonable doubt before the Court.

Defence team of Mathieu Ngudjolo Chui in ICC Courtroom I in The Hague. Photo: ICC-CPI Each defendant is entitled to public, fair proceedings conducted impartially and in full equality.

The Rome Statute grants the defendant specific rights, including: the right to be informed of the charges; to have adequate time and facilities to prepare their defence; to be tried without undue delay; to freely choose a lawyer; to examine witnesses and present evidence to not be compelled to testify or to confess guilt; to remain silent; to receive from the Prosecutor evidence which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused; to be able to follow the proceedings in a language he or she fully understands, and therefore to have an interpreter and translations as required.

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Counsel for the Defence are independent and are not ICC staff. Defence teams must be qualified to practice before the Court by applying to the relevant lists created and maintained by the Court: Counsel, Assistants to Counsel, and Professional Investigators.

The Registry provides a number of services to support the work of Defence teams, including facilitating the protection of confidentiality, providing support during the investigations activities conducted in the field, assisting arrested persons, persons interviewed by the Prosecution and the accused to obtain legal advice and the assistance of legal counsel.

The Court also facilitates the necessary facilities for the Defence teams to prepare for cases, and other logistical support. The Court's legal aid system ensures that the reasonable cost of legal representation is paid by the Court for persons who do not have sufficient means to pay for it.

Within the Court, Defence teams can also benefit from assistance of the Office of Public Counsel for the Defence (OPCD). The OPCD, established by Regulation of the Court 77, is an independent office and falls within the Registry solely for administrative purposes.

This independence is a prerequisite for carrying out the mandate to substantively assist the teams with legal research and advice and advance submissions on behalf of unrepresented suspects or on specific issues.

Such independence allows the Office to work without being subjected to pressure of any kind and preserves attorney-client privilege. The Office has also an important role in enhancing the rights of defence in the proceedings, advocating at different levels and participating in specialized meetings with subsidiary bodies of the Assembly of States Parties and​ NGOs​.

The International Criminal Court Bar Association (ICCBA) is an independent, professional association representing the interests of Counsel and legal Support Staff who represent victims, defendants, and other actors (such as witnesses) before the ICC. The ICCBA serves as a collective voice for its membership, and provides them a range of support and services, as well as acting as a forum for discussion on all matters pertaining to the Court.

The ICCBA's operations are primarily funded by the subscriptions paid by its members, and it is governed by an elected President (currently Chief Charle Taku) and Executive Council, with eight elected standing committees responsible for specific issues and activities.

Courtesy: ICC

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Anniversary of International Court of Justice The Court’s role is to settle legal disputes submitted to it by States and to give advisory opinions.

April 18 marks the anniversary of the International Court of Justice (ICJ), the principal judicial organ of the United Nations.

Established in 1945 by the UN Charter, the ICJ began work after it held its inaugural sitting on 18 April 1946. The Court’s role is to settle legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.

The Court is composed of 15 judges, elected for terms of office of 9 years by the UN General Assembly and the Security Council, and is assisted by a Registry, its administrative organ.

Courtesy: ICJ

Download Previous Issues of Legal Directions September 2018

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November 2018

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January 2019

February 2019

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April 2019

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Ukraine Launches Special Anti-Corruption Court While it took seven months to select the judges, 38 new judges will perform their duties in the new court.

Ukrainian President Petro Poroshenko announced on April 11 the launch of a special anti-corruption court to handle corruption cases as part of Ukraine's $3.9 billion loan program with the IMF. The objective of the court is to weed out mounting corruption from the country and insulate the court decisions from political interference and bribery.

Ukrainian President Petro Poroshenko taking part in the ceremony of the appointment of judges of the anti-corruption court While it took seven months to select the judges, 38 new judges will perform their duties in the new court. The judges have been given sufficient resources and independence from the legislative and executive branches of the government as well as the President to act without any encumbrance.

“The Supreme Anti-Corruption Court should become a true pillar of the state in the fight against corruption,” said Poroshenko who took part in the ceremony of the appointment of judges of the court.

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"I understand that on this difficult path of combating corruption, each of you has made a choice in favor of the Ukrainian state, putting personal security in second place. And I am very grateful to you for this difficult choice," the President appealed to the newly elected judges.

According to him, due to the changes in the relevant legislation, European standards of legal proceedings are working in Ukraine. "We are improving the criminal process, using the best world practices, first of all, the practice of the European Court of Human Rights," the President said.

He urged the judges to write a new history and build a new system guided by European standards and values. “I emphasize that with the creation of the anti-corruption court, we are completing the creation of an independent anti-corruption infrastructure," the President said.

RMN Foundation Seeks Pro Bono Legal Services You can check out RMN Foundation activities in order to understand the scope of work for making individual cases to be filed in different courts.

RMN Foundation – which is a humanitarian organization – seeks the pro bono (free) services of lawyers and law firms to handle the Foundation’s legal work – particularly the public interest litigation (PIL) and other legal cases to help the disadvantaged and distressed people in the society.

These days, RMN Foundation is working in different areas such as Environment Protection, Anti-Corruption Activities, Children’s Education Rights, Labour Rights, and Political Reforms.

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. You can check out ​RMN Foundation activities at the following links in order to understand the scope of work for making individual cases to be filed in different courts.

Anti-Corruption

School Education

Environment Protection

Political Reforms Click here for details​.

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Environmental Damage and Pollution in India Appeal to Global Community

A new IQAir AirVisual report, which covered 3,000 cities of the world, has revealed that Gurugram (a.k.a. Gurgaon) a suburb of India’s capital New Delhi is the most polluted city of the world while 22 of the top 30 polluted cities are in India. Also, Delhi remains the most polluted capital across the world.

As pollution levels remain dangerously high throughout the year in India, all travelers including business executives, tourists, and diplomats need to exercise utmost caution while planning to visit India – particularly India’s capital New Delhi.

Moreover, companies and investors must not come to Delhi for setting up their businesses or for trade conferences as ​pollution can harm them as well as their families. Foreigners who have come to stay in India for their work, should preferably go back to their countries. Or, at least, they should not keep their children with them because ​Delhi’s pollution is very harmful for children.

Delhi Government, the Indian Government, and the pollution-control ​agencies are not taking proper steps to control pollution because most politicians and bureaucrats in India are corrupt, uneducated, and careless.

The extreme pollution in Delhi is being compared to the poisonous gas chambers used by Nazi Germany during the Holocaust for the genocide of millions of European Jews. As pollution in Delhi / India is harmful to millions of Indians as well as people in other parts of the world with its impact on global warming and climate change, its lethal effect is equivalent to weapons of mass destruction.

The Indian government - including bureaucrats and politicians - is causing serious environmental damage which is harmful for the entire planet. Therefore, the global ​community including the UN and the U.S. Department of State and the Office of Foreign Assets Control (​OFAC​) must impose strict economic, diplomatic, and trade sanctions on India and Indian officials.

Rakesh Raman

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Training Program for Moroccan Judges and Prosecutors The training activity was covered by various written and visual media outlets in Morocco.

Within the framework of the South Neighbourhood Anti-Corruption or SNAC 3 Project, the Council of Europe held a training in the premises of Ministère Public with the aim of enhancing the capacities of judicial and law enforcement authorities specialized in the fight against corruption​ and economic crime.

Training Program for Moroccan Judges and Prosecutors. Photo: Council of Europe The training (April 9 – 10) aimed at strengthening the capacity of judges and prosecutors in handling cases in the area of money laundering, ​corruption​, and public procurement fraud, through discussions and peer exchange on case studies and good practices.

The training activity was covered by various written and visual media outlets in Morocco, which included a video footage of interviews with the Chief Public Prosecutor Mr Mohamed Abdel-Nabawi and the President of the Anti-Corruption Authority Mr Mohamed Bachir Rachdi.

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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.

DONATION DETAILS 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 Or you can ​click here​ to donate with PayPal, credit card, or bank account.

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Court TV Announces Launch Date, Unveils Programming Plans The team is comprised of seasoned journalists and lawyers who have blended television and legal careers.

Katz Networks (part of The E.W. Scripps Company -NASDAQ: SSP) has announced that the new Court TV will premiere across all platforms on Wednesday, May 8. The company also revealed the programming schedule for the brand's return and launched the new courtv.com.

Court TV The Court TV weekday schedule will kick-off daily at 9:00 a.m. EDT with live, gavel-to-gavel coverage of the most important and compelling ​trials​ being conducted across America.

Yodit Tewolde has the morning shift at the Court TV news desk, anchoring trial coverage from 9:00 a.m. – 12 Noon. Julie Grant hosts from Noon – 3:00 p.m. then Seema Iyer takes the chair from 3:00 – 6:00 p.m. (All times Eastern.)

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The team is comprised of seasoned journalists and lawyers who have blended television and legal careers. The first trial the network will be covering will be announced shortly.

In addition to the network's anchor team, Court TV's team of legal correspondents and reporters includes Chanley Painter, Ted Rowlands, and Julia Jenaé. Overseeing Court TV programming are vice presidents and managing editors John Alleva and Scott Tufts.

Woman Levels Sextortion Charges on Chief Justice of India

Sextortion, as defined by the International Association of Women Judges (IAWJ), is the abuse of power to obtain a sexual benefit or advantage.

A former employee of the Supreme Court of India has leveled serious allegations of sextortion against Chief Justice of India (CJI) Ranjan Gogoi.

Justice Ranjan Gogoi sworn in as the Chief Justice of Supreme Court of India (file photo).

Courtesy: Rashtrapati Bhavan Sextortion, as defined by the International Association of Women Judges (IAWJ), is the abuse of power to obtain a sexual benefit or advantage. As such, it is a form of corruption in which sex, rather than money, is the currency of the bribe.

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In an affidavit that she sent to 22 judges of the court on April 19, 2019, the woman claims that she is a victim of sexual harassment committed by Gogoi who made inappropriate advances toward her during October last year.

As usually happens in such high-profile cases of sextortion, the secretary general of the Supreme Court, on behalf of Gogoi​, has dismissed the allegations, saying these are “completely and absolutely false and scurrilous and are totally denied.”

According to reports​, the alleged incident of harassment happened on October 11, 2018. After her complaint, the woman claims she was dismissed from service and her entire family is being harassed.

Social Media Reactions You can ​click here​ to read people’s comments and reactions about this case on social media site Facebook.

Describing the incident of October 11, the woman said the CJI made sexual remarks about her physique and took her hands into his and told her that her hands smell nice, pinched her cheeks, and put his arms around her waist from the front, and said, “I want this from you.”

In order to divert attention of the people from the sexual harassment allegations against Gogoi, the Supreme Court abruptly constituted a special bench on April 20 to discuss an irrelevant topic ‘independence of the judiciary’.

It is being conjectured that since Supreme Court under CJI Gogoi recently decided to hear the review petitions in the Rafale corruption case in which PM Narendra Modi is a prime accused, Gogoi is being targeted. The Modi government had questioned the court order in Rafale case.

In an unusual hearing to discuss his own case on April 20, Gogoi argued baselessly that the judiciary is being made a scapegoat. However, he could not address specific allegations against him. Further ​investigation​ in the case is in progress.

TrialWatch to Help Vulnerable People Get Justice Fair trials mean due process, accountability, and adequate remedies for victims. Unfair trials mean injustice, excessive punishment, and even the death penalty.

UN Human Rights Office in Geneva has partnered with the Clooney Foundation for Justice to set up TrialWatch, which will help deliver justice to some of the world’s most vulnerable people.

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“All detainees are vulnerable to human rights violations​. Many have no certainty that they are protected by the rule of law, or whether they will have meaningful access to justice,” said Michelle Bachelet, UN High Commissioner for Human Rights.

Michelle Bachelet, Presidente of Chile speaks during Special Session of the Human Rights Council. 29 March 2017. UN Photo / Jean-Marc Ferré (file photo) “Even if brought before a court, they may face charges that are false, or are based on laws that breach their human rights​. They may face coordinated lies from law enforcement officials; lack of access to lawyers; courts that are vulnerable to bribery​; and arbitrary or politically led decisions,” Ms. Bachelet asserted.

TrialWatch is stated to be a significant and practical response. Its central mission – to shine a light on these injustices in order to prevent and reverse them – goes to the heart of human rights. It revolves around the simple but critical idea that state institutions, including courts​, must work for the people and be accountable to them.

“By training monitors, assessing trials and developing a justice index, it will help speak for those who have no voice. This is human rights advocacy in its purest form,” Ms. Bachelet said in her message.

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The right to a fair trial is part of the architecture of human rights. Five of the 30 articles that make up the Universal Declaration of Human Rights relate directly to it, and it’s enshrined in other legally binding conventions.

Fair trials mean due process, accountability, and adequate remedies for victims. Unfair trials mean injustice, excessive punishment, and even the​ death penalty​.

“Our focus today is the people at the heart of ​TrialWatch​’s quest for justice: those who are

unjustly accused, charged with vague offences, or tried for actions that should not be considered crimes. Human rights defenders and political opponents; journalists and lawyers; members of religious minorities, and people prosecuted for same-sex relations,” Ms. Bachelet stated.

ICC Registrar Peter Lewis Seeks Cooperation from Panama The Registrar's mission to Panama forms part of broader efforts to enhance understanding and cooperation in all regions.

The Registrar of the International Criminal Court (ICC) Peter Lewis was on an official visit to Panama on April 11 and 12 to discuss strengthened cooperation with the Government and other stakeholders in the country.

"Dialogue and collaboration are essential to realising the Rome Statute's goal of ensuring justice for the gravest crimes," said ICC Registrar Peter Lewis. "During our meetings, the authorities of Panama reaffirmed their commitment to the fight against impunity, their strong support to the work and mandate of the Court and their engagement to continue cooperating with the ICC especially in the realm of voluntary agreements. Justice is a joint responsibility and, to that end, cooperation is key."

In Panama City, the Registrar met with high-level representatives from the Government, including with the Vice President of the Republic and Minister of Foreign Affairs of Panama, Isabel de Saint Malo de Alvarado, the Secretary General of the Attorney General Office, Dr. Rolando Rodriguez Cedeno, the Supreme Court judge Harry Diaz, the Superior tribunal of appeals judge Greta Marchosky, and Panama's Ombudsman Dr Alfredo Castillero Hoyos. The Registrar also met with the United Nations' Resident Coordinator Mr Harold Robinson to discuss possible synergies.

As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it relies on cooperation with countries worldwide for support, particularly for making arrests,

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transferring arrested persons to the ICC detention centre in The Hague, freezing suspects' assets, and enforcing sentences.

ICC Registrar Peter Lewis meeting with the Vice President of the Republic and Minister of Foreign Affairs of Panama H.E. Isabel de Saint Malo de Alvarado in Panama City on 11 April 2019. Photo: ICC, Ministerio de Relaciones Exteriores de Panamá The Registrar's mission to Panama forms part of broader efforts to enhance understanding and cooperation in all regions. It was facilitated in collaboration with the Government of Panama and the financial support from the European Commission.

Decay of the Indian Legal System While most lawyers and judges do not possess sufficient English language ​skills and they lack

the domain expertise in the cases they handle, the Indian legal system is plagued by random judgments and long delays.

Currently, there is a ​backlog of 3.3 crore (33 million) cases in various courts of India. Of these,

2.84 crore (28.4 million) cases are in the subordinate courts. Another 43 lakh (4.3 million) are in the High Courts and about 58,000 in the Supreme Court.

The situation is getting worse because there is hardly any attempt to reform the Indian legal system. As a result, lawlessness is rampant in India.

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International Law and Emerging Powers The Research Forum aims to provide a forum for academics, private practitioners, and government attorneys.

The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 17-18, 2019 at Howard Civil Service International House in Taipei.

The theme of the Research Forum is “International Law and Emerging Powers: New Policy Challenges in the Asia-Pacific.”

The Research Forum will ​feature two keynote speakers: Dr Christopher Ward SC, President of the ILA and Justice Chang-fa Lo of the Constitutional Court.

The Research Forum aims to provide a forum for academics, private practitioners, and government attorneys to present works-in-progress across the spectrum of international and transnational law issues related to the Asia-Pacific.

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 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.

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

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