THE DEFENSE RESTS

A LEGUMVOX WEEKLY
|| OCTOBER 2020 ||

"HOW MANY TIMES HAVE I LAUGHED

AT YOU TELLING ME PLAINLY THAT I
WAS TOO LAZY TO BE ANYTHING BUT A
LAWYER."

ABRAHAM LINCOLN

ON THE RECORD:

QUINTESSENTIAL 02

LEGUM MANTRA 03

LAW JAGRAN 04

AAP CHRONOLOGY SAMJHIYE! 05

LEGUM ELIXIR 07

VOX COMIXS 08

UPCOMING EVENTS 10
Seventh Issue | LegumVox
 TEAMS' LETTER

Dear Law Aficionados,

We hope you are all safe, doing well and wearing masks!
(Please wear them if you aren't doing so)

This week we shall get acquainted with another charismatic personality and
also gain some insight into the anomalies of the process of Arbitration. This
week's Legum Mantra is more comprehensive than usual owing to the fact
that, so many of us pass out in a month or so and would be looking for a clear
path for the future.

The line up in Legum Elixir will cater to all your senses and blow your mind,
we vouch for it.
(Grab some snacks and do a party for one, you need it and deserve it)

We are sure you all nailed your exams and even if you didn't, don't ponder too
much over it. You know what matters and what doesn't.

Have a relaxing and happy weekend!

Team Legum Vox.

1 | Seventh Issue | LegumVox

 QUINTESSENTIAL
SR. ADV. SHYAM DIVAN
“My fingerprints and iris are mine and my
own. As far as I am concerned, the State cannot
take away my body. This imperils my life… You
can’t take my body part as a condition of me
exercising my rights. That is a Faustian
bargain not permissible under the
constitution…”
asserts Shyam Divan, one of the most well-read
lawyers our country has seen standing tall before the
Apex court. He is the protégé and son of legal stalwart,
Anil Divan. His sterling practice spanning over 25 long
years is studded with multiple prominent and
controversial. To name a few, the infamous Aadhar
case, Naz foundation case and the religious freedom
case amongst others.
Apart from several cases of the big-league Divan has
also assisted the Supreme Court as Amicus Curiae in a
myriad of cases including; the Ponzi scheme case,
Bellary case involving illegal iron ore mining in the
forests of Karnataka and the Suo Motu action initiated
by the court for filling vacancies in the subordinate
judiciary. Further, he also appears for the states of
Haryana and Karnataka in the inter-state river water
disputes.
His electrifying arguments in the recent Naz
foundation case and Aadhar judgment are looked upon
by and widely quoted around the issues concerning
fundamental rights. Divan is idolized as a vocal, bold,
fearless and opinionated person. A wonderful mix of
attributes for a lawyer, we must say. Divan also
pursues a fair share of pro bono cases. To let out a
secret, his work in the Aadhar judgment was purely
pro bono.
He fiercely contends that in a democracy, routine
transactions like enrolling in a school, availing rations
and receiving pensions cannot be made conditional on
citizens bartering their biometric information. The
Constitution frowns upon the establishment of a
centralized registry and surveillance of citizens and the
relationship between a state and its citizens should not
be altered so drastically that the state practically tracks
the development of an individual.
With a penchant for environmental law, he is one of the
most sought after lawyers in the field. Divan has co-
authored the Environmental Law and Policy in India (2nd
Edition, 2001, Oxford) and has also authored certain
chapters on Public Interest Litigation in the Oxford
Handbook of the Indian Constitution (2016); Contours of
EIA In India in Water and the Laws in India (2009, Sage)
and Civil Liberties and Biometrics in Dissent on Aadhaar
(2019, Orient Blackswan).
He has been closely associated with the LAWASIA ExCo
since 2015 and is currently designated as the Vice
President of LAWASIA. He also serves as the Co-chair of
the LAWASIA Human Rights Section and the Vice
President of The Bar Association of India.
‘Work in silence and let success make all the noise.’
Divan is the personification of this quote and with his
eminent work, he has been shaking awake the conscience
of law every time it dozes off into a siesta of ignorance
and bliss. One thing is of utmost certainty, we
desperately need to wake up.
Divan is a Senior Advocate of the Supreme Court and
is revered as a constitutional and environmental law
expert. The prestigious Government Law College,
Mumbai is his alma mater and his areas of expertise
range from Constitutional law to diverse branches of
civil litigation including banking, securities law,
arbitration, administrative law and environmental
law. He is a crusader of individual privacy and
freedom forming an intrinsic and indispensable part
of fundamental rights and has strived for justice
incessantly.
2 |Seventh Issue | LegumVox
INTERVIEW OF
THE WEEK LEGUM MANTRA
- ADV. SIDDHARTH ACHARYA

Q1. How has your experience been in the Supreme court and how is
the mechanism different to that in the other courts?

A1: Supreme Court is an amazing place to practice,one needs to have

good public profile and garner visibility to sustain here in the long run.
Usually, there is a misnomer that one cannot become a successful
Supreme Court Lawyer without practising in trial courts and High
Courts. Although I believe that practising in lower courts is important
to understand the procedural laws,lower courts are not indispensable
to sustain here. The Seniors in Supreme Court are very helpful and
generous including AORs and Senior Counsels.The mechanism here
is entirely different as it has various jurisdictions which High Court
doesn’t have. For example Election Petitions, Transfer Petitions etc. So
overall exposure of Constitutional law is more in Supreme Courts
compared to High Courts.

Q2. How do you manage to juggle with so many diverse areas of law
with such proficiency?

A2: All credit goes to my research team who slogs day in day out on the
variety of matters we work upon. Our focus is to strike balance between
comprehending the legal nuances along-with requirement of the client
ranging from HNIs to anyone who is from a small village. The most
ADV. SIDDHARTH ACHARYA
important thing is to understand the psyche of Client. Client
management is as important as resource management. You must keep Practicing advocate;
widening your horizon. Supreme Court & Delhi High Court

Q3. We know you have a penchant for writing, what are the crucial things one must adhere to while writing
for journals and the like?

A3: The crucial things for becoming a good writer is to be a free thinker, a traveller, a humanist and a voracious
reader. One needs to amalgamate these qualities to present that in writing be it a journal or an article. The best
writers are the ones who are sensitive towards things happening around them and their writing reflects the kind of
life they have lived. It is not a run of a mill job to write a Journal as the Journal reflects how much hard work you have
put to understand the subject be it a legislative interpretation or judicial interpretation.

Q4. As someone with a prowess for Business laws, what do you think are the top challenges to start a business
in India?

A4: The biggest challenge is to raise seed capital and finances. The global pandemic has hit the economy so hard
that even major financial institutions and Banks are trying hard to recover. The NPA’s are piling up. The Banks have
failed to recover money from the defaulters that is why they cannot pump in into new ventures. The crunch of
liquidity in market is the reason why our MSMEs and SMEs are struggling. The objective was very good but the
implementation has been a problem. Secondly, the red tapeism has been a problem and our current regime is trying
hard to ensure that every strata should benefit form the policies. Online tenders and public procurement portals
have increased transparency but the allotment and end benefit gets stuck due to last year sitting bureaucrats.

Q5. What is the one advice you'd like to give the aspiring criminal lawyers out there?

A5: First hand experience of Police Stations, Magistrate Courts, Session Courts, Trial Courts etc. are crucial. The
moment you will experience these places you will be able comprehend the practicalities. The most important thing
is to abstain from joining Senior Advocates in beginning of your career if you have intend to become a criminal
lawyer. Assist someone who does trials, bails, discharge etc. Always try to imbibe the spirit of our constitution void
of any political affiliations that you may have.

3 | Seventh Issue | LegumVox

THE GRIEVANCE OF A
LAW JAGRAN
REMEDY.

Decades-long litigation, widespread brawling in the courtrooms and

adjournments spanning over a month or more; pretty much depicts
Indian litigation. Interestingly, there appears to be a paradigm shift in
this scenario with Arbitration being embraced as a plausible
alternative recourse to court room litigation. The extant model of
Arbitration not only enables the parties to exercise substantial
autonomy while redressing their dispute but also safeguards the
interest of parties thereto.

Section 9 and Section 17 of the Arbitration & Conciliation Act, 1996,

(hereinafter referred to as ‘Act’) shelter these safeguards which lay
down the interim measures that can be resorted to by the parties.

Section 9 of the Act is inspired by the provisions of Article 9 of the

UNCITRAL- Law on International Commercial Arbitration, 1985. It
broadly confers the following two powers upon the court;

Firstly, to appoint a guardian for the minor or person of unsound

mind for the purposes of arbitral proceedings and IMAGE CREDITS: LEGISTIFY
Secondly, granting of interim measures

Such interim measure could be sought ‘at any time after the making of the arbitral award but before it is
enforced in accordance with section 36 ’ and can be accorded in the following circumstances:

the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration
agreement;
securing the amount in dispute in the arbitration;
the detention, preservation or inspection of any property or thing which is the subject-matter of the dispute
in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid
purposes any person to enter upon any land or building in the possession of any party, or authorising any
samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or
expedient for the purpose of obtaining full information or evidence;
interim injunction or the appointment of a receiver;
such other interim measure of protection as may appear to the Court to be just and convenient,

The 2015 amendment, inserted sub-section (2) and (3) as a form of checks and balances owing to the
unwarranted use of section 9. In cases where interim relief has been awarded before the commencement of
arbitral proceedings, sub-section (2) mandates the commencement of arbitration proceedings within a period
of 90 days from the date of such order.

Further, the proviso inserted via sub-section (3) restrains the court from entertaining an application under sub-
section (1) when the arbitral tribunal has been constituted, unless ‘the circumstances exist which may not
render the remedy provided under Section 17 efficacious’.

Supreme Court in the case of Bhatia International vs. Bulk Trading S. A. & Anr. clarified that interim relief
can be pleaded by the parties even if the seat of arbitration is outside India. Moreover, relief granted by a Court
under Section 9 of the Act in the form of an order may be enforced like any other order under any other statute
passed by the court. Appeal from the order passed under Section 9 could be pursued under Section 37(1) of the
Act.

The apex court has emphasized on the consideration of “well-known rules” of the CPC while exercising power
under the said section. It is to be noted that a third party cannot claim relief under Section 9 and the
subsequent rights under the said section can be enjoyed exclusively by the parties to the arbitration only.
While Section 9 bestows cardinal rights upon the parties, courts on the other hand must be vigilant while
employing the same to ensure that this remedy doesn't end up being a grievance after all.

4| Seventh Issue| LegumVox

AAP CHRONOLOGY

SAMJHIYE!
20.10.20
SECRETARY, DISTRICT LEGAL SERVICES AUTHORITY: CLAIMS UNDER MATRIMONIAL AND
ACCIDENT CASES TO BE HEARD ON E-LOK ADALAT. THE BAR ASSOCIATION HAS ALSO
APPEALED TO ADVOCATES TO MOTIVATE COUPLES WITH SUCH CASES TO APPROACH THE E-
LOK ADALAT. MOTOR ACCIDENT CLAIM CASES TOO CAN BE SETTLED.
1 MR. AKSHAY N. PATEL VS. RBI: MADHYA PRADESH HC RULED THAT “EXPORT BAN ON N-95
MASKS & PPE KITS DOES NOT VIOLATE FUNDAMENTAL RIGHTS OF TRADERS.” IT WAS
CONTENTED THAT THE FORMULATION AND REGULATION OF TRADE POLICIES WERE WITHIN
THE SUBJECTS OF THE CENTRAL GOVERNMENT. ANY REASONABLE RESTRICTION DOES NOT
VIOLATE ARTICLE 19(1)(G) OF THE CONSTITUTION.

21.10.20
ANAND VAID VS. PREETY VAID AND ORS. – THE DELHI HIGH COURT ON WEDNESDAY
SLAMMED THE DELHI GOVERNMENT FOR NON-DISBURSEMENT OF REQUIRED FUNDS FOR
SUBORDINATE COURT. THE DIVISION BENCH OBSERVED THAT 150 JUDICIAL OFFICERS ARE
2
DUE TO BE POSTED IN A COUPLE OF MONTHS BUT THEIR COURTS ARE NOT TO BE
FUNCTIONAL WITHOUT THE SUPPORT STAFF. APART FROM THIS, THE DELHI GOVERNMENT
HAS A PENDING REQUIREMENT OF 119 CARS SINCE 2018.

22.10.20
BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. VS. DALBIR KAUR- A
PROPOSER WHO SEEKS TO OBTAIN A POLICY OF LIFE INSURANCE IS DUTY BOUND TO
DISCLOSE PRE-EXISTING MEDICAL CONDITIONS TO THE INSURER, THE SUPREME COURT HAS
HELD.
3
MINAJHUDDIN SIDDQI AND 4 OTHERS VS. STATE OF U.P. AND 3 OTHERS – THE ALLAHBAD
HIGH COURT HAS STOPPED THE ARREST OF BOLLYWOOD ACTOR NAWAZUDDIN SIDDIQUI
ALONG WITH 3 OF HIS FAMILY MEMBERS, WHO HAD BEEN NAMED AS CO-ACCUSED IN THE
RAPE CASE FILED BY HIS ESTRANGED WIFE AALIYA.

23.10.20
THE DELHI HIGH COURT PASSED AN ORDER DIRECTING THE DDMA AND CPCB TO TREAT
4 REPRESENTATION OF A PLEA SEEKING BAN ON BURSTING CRACKERS ON DIWALI, SINCE THE
PETITIONERS DIRECTLY APPROACHED THE COURT WITHOUT REACHING THE SAID
AUTHORITIES

5| Seventh Issue|LegumVox
AAP CHRONOLOGY

SAMJHIYE!

24.10.20

AMAZON REFUSES TO APPEAR BEFORE THE JOINT COMMITTEE OF PARLIAMENT ON DATA

5
PROTECTION BILL. AMAZON INFORMED THE COMMITTEE THAT ITS EXPERTS WERE
ABROAD AND WERE UNABLE TO TRAVEL TO INDIA DUE TO THE COVID-19 PANDEMIC.

25.10.20
PM VIRTUALLY LAUNCHES 3 PROJECTS IN GUJARAT- THE NEWLY LAUNCHED PROJECTS
INCLUDE ‘KISAN SURYODAYA YOJANA’ UNDER WHICH, FARMERS WILL BE ABLE TO AVAIL
POWER SUPPLY FROM 5 AM TO 9 PM.
6
THE OTHER TWO PROJECTS INAUGURATED BY PM MODI INCLUDED INDIA’S BIGGEST
CARDIAC HOSPITAL, ATTACHED TO THE UN MEHTA INSTITUTE OF CARDIOLOGY AND
RESEARCH CENTRE AT THE CITY HOSPITAL CAMPUS IN AHMEDABAD, GUJARAT, AND GIRNAR
HILL ROPEWAY IN JUNAGARH.

26.10.20
PLEA IN SC SEEKS MINORITY STATUS FOR HINDUS IN 9 STATES & TRANSFER OF SIMILAR
PLEAS PENDING IN HC. THE PETITIONER, APART FROM THE PRAYER OF TRANSFER ALSO
MAKES AN ALTERNATIVE PRAYER OF DIRECTIONS TO THE HOME MINISTRY TO IDENTIFY AND
7
NOTIFY THE RELIGIOUS AND LINGUISTIC MINORITIES AT STATE LEVEL IN SPIRIT OF ARTICLES
29-30 OF THE CONSTITUTION OF INDIA.
MUKESH SINGH VS. STATE- SC HELD “MERE DEFICIENCIES IN INVESTIGATION CAN’T BE
SOLE BASIS FOR CONCLUDING BIAS BY INVESTIGATING OFFICER.”

27.10.20
M. RAVINDRAN VS. THE INTELLIGENCE OFFICER- “THE COURT SHOULD INFORM THE
ACCUSED ABOUT THEIR DEFAULT RIGHTS ONCE IT ACCRUES.” THE COURT SAID THAT
8
PROVISION OF 'DEFAULT BAIL' IS FOR ENSURING A FAIR TRIAL, EXPEDITIOUS INVESTIGATION
AND TRIAL, AND SETTING DOWN A RATIONALIZED PROCEDURE THAT PROTECTS THE
INTERESTS OF INDIGENT SECTIONS OF SOCIETY.

6| Seventh Issue|LegumVox
 MOVIE & BOOK
REVIEW LEGUM ELIXIR

THE TRIAL OF THE THE TRIAL BY

CHICAGO 7 FRANZ KAFKA
- Directed By Aaron Sorkin - By Franz Kafka

This book was written over 100 years ago,

posthumously published in 1925 and is one Kafka's
“THE WHOLE WORLD IS WATCHING!”
most celebrated works. It follows the story of Joseph
This quintessential chant from the protest movement of the
K., a respectable bank clerk, who is suddenly
‘60s will fall upon your ears multiple times in Aaron Sorkin’s
prosecuted for no apparent reason at all.
“The Trial of the Chicago 7”.

To make things worse, he does not have a lawyer to

The film is based on the infamous trial of seven defendants,
represent him. It requires a lot of reading between the
charged with conspiracy and more during the countercultural
lines as intricate concepts keep popping up now and
and anti- Vietnam War protests in Chicago (1968).
then wherein multiple interpretations can be drawn.
The reader would find it extremely difficult to
The timing of it's release is nothing but apt as dissent with the
sympathize with K owing to his rude and curt
government and its mechanism is gaining traction not only in
behaviour towards people which makes this read all
India but several other nations worldwide. The frames in this
the more grim.
movie fall short of space with a powerhouse of a casting that
delivers exemplary performances throughout the movie.
However, it makes for an intriguing read as Kafka
sketches a bleak picture of the world in his book. The
The gravity of the subject is depicted articulately through
social turmoil in Europe while he wrote it, evidently
dialogues that bore through your mind and soul but will also
translates into his work making it a highly
manage to crack you up more often than not. Just the usual
informative, chilling and thought provoking
mind blowing Aaron Sorkin stuff. It deals with the cardinal
experience.
principles of democracy; of the right to peaceful protest and
dissent and the hurdles of doing the same.
As the book progresses, K adamantly contends that he
has done no wrong and discovers plenty about the
The film incredibly features the ground realities of the
anomalies of a trial process. This one won't warm your
criminal justice system, the competence of the bar and the
heart but you will most certainly learn a great deal
ostensible political influence over the Judiciary that we like to
about the trial mechanism and it's evolution. We
call independent. We watched it, we loved it and we highly
won't say Happy reading, no false promises.
recommend it because the whole world is watching!

7 | Seventh Issue| LegumVox

 DOCUMENTARY
REVIEW LEGUM ELIXIR

Conversations
with a Killer: The
Ted Bundy Tapes
- Directed By Joe Berlinger
"We serial killers are your sons, we are your husbands, we are everywhere. And
there will be more of your children dead tomorrow."

Ted Bundy is amongst the most charismatic of serial killers in history. He was
handsome, personable with a degree in Psychology and enrolled in a Law course. He
was one of America's most notorious serial killers and was convicted for the deaths of
more than 30 women. The Ted Bundy Tapes rely for the most part on a series of audio
recordings — 150 hours of conversations between the journalist Stephen G Michaud
and Bundy, then incarcerated in Florida. Although the title of the documentary does
not stand up for itself, because the four-part documentary series is Bundy giving
others a story for his biopic and not a confession, he even refrains from talking about
these cases and lives in clear denial. Bundy behaviour irritates Michaud as he
INTERESTING
repeatedly refuses to talk about the crimes & he is also manipulates the facts of his
early life. His self-portrayal is constantly contradicted by the people who know him
FACTS!
and he does nothing but spin a web of lies for Michaud. Canadian Radio Stations
Must Play Canadian Artists

Selfies lwith Buddha are

The documentary carefully guides you through the events in a chronological manner
frowned upon in Sri Lanka
and paints a detailed picture of Bundy's persona. You can't help but be in absolute awe because you're turning your
back to him.
of Bundy and feel your skin crawling at the same time. This one won't necessarily
give you closure and is more of an open ended work. We don't want to sound sadistic A 2014 law in Russia doesn't
allow lacy underwear due to
but it is a delight to listen to Bundy in this one.
safety and health reasons.

It's Illegal to Reincarnate

without Permission of the

VOX COMIX!! government in China.

8| Seventh Issue | LegumVox

CONTRIBUTORS OF MEET OUR
THE WEEK
TEAM!!

Quintessential : Nisha Dharod

Legum Mantra : Sakshi Arya
Law Jagran : Sakshi Agarwal
Legal Updates : Shivalika Verma & Arnav Gulati
Legum Elixir : Aman Mishra & Ashwini Patil
Fun Facts : Ashwini Patil
Vox Comix : Deeksha Agrawal
Designer : Antima Tiwari
Asst. Editor : Nisha Dharod
Editor : Ashwini Patil

ASHWINI PATIL NISHA DHAROD SHIVALIKA VERMA SAKSHI ARYA DEEKSHA AGRAWAL

SAKSHI AGARWAL ARNAV GULATI ANTIMA TIWARI AMAN MISHRA

(Co-founder LegumVox)
NEW AT UPCOMING

LV!! EVENTS

FOR MORE INFORMATION:

LegumVox www.legumvox.in

LegumVox LegumVox and

Association

All images are subject to copyright by

the right holders. We do not claim to LegumVox reserves copyright
on all published content.
own any images used in this
publication (except for the images of
© LegumVox | All rights reserved.
authors/logos/images specified for)
10| Seventh Issue| LegumVox