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A world law fortnightly published from Hyderabad, India.

Editor: I. Mallikarjuna Sharma
ADVISORS: B.P. Jeevan Reddy (Former Judge, Supreme Court of India),
R.V.R. Chandrasekhara Rao (Politics Professor), V.V. Reddy (Economics Professor),
K. Subba Rao (Senior Advocate, Bangalore), Umesh Chandra (Sr. Advt., Lucknow), Ravi Kiran Jain (Sr. Advt., Allahabad),
K. Pratap Reddy (Sr. Advt., Hyderabad), Sagar Dhara (Engineer, Hyderabad), Dr. Koenraad Elst (Indologist, Belgium)

Volume 13: Part 1 30 June 2017 No. 12

CONTENTS
1. Casteism: The Deadly Disease 1
2. Historical inevitability or 2,
Electoral corruption? (65) [IMS] 91
3. Political Trouble in India :
1910-1917, J.C. Ker (19) 3-6
4. The Aurangzeb Debate,
Dr. Koenraad Elst 7-8
5. Washington at War for 16
years: Why? & Saudi Arabia
v. Qatar, Paul Craig Roberts 9-10
6. Deception inside Deception:
Alleged Sarin Gas Attack,
Dr. Paul Craig Roberts 11-12
7. US Criminal Justice System
is devoid of Justice, PCR 13-14
8. Satya Pal Anand v. State 15-22,
of M.P. & Ors. [IND-SC] 71-78
9. Case on Surveillance of
Japans Muslims, 23-34,
SC & DC, Tokyo-JAP 59-70
10. General Index for LAW,
Vol. 13, Pt. 1 (Jan-June 2017) 35-58
11. Globalization of Misery,
Tom Engelhardt 79-82
12. Solving 9/11: Deception
that changed the World (11),
Christopher Bollyn 83-90
13. Poems, Kay Sage 92
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NOTE: The opinions and comments in the editorials are exclusively the Editors and
need not necessarily reflect the approval or consent of all or any of the
editorial advisors or of the publisher even - IMS.
CASTEISM: THE DEADLY DISEASE
Netaji not Gandhi ended the British Rule, Dr. B.R. Ambedkar
Ambedkar & Gandhi in RTConference But Netaji did not approve of Ambedkars policies either
There was a time not much long ago when many of us were ashamed to even
ask about the caste info of colleagues/acquaintances. For all the defects of the
governments/parties, at least a basic progressive culture of thinking and acting
beyond caste lines was there in the ethos, more so in the air, and even if one
cherished caste identities/affinities, they were a bit diffident, trying to keep it
somewhat subdued. But now almost everyone, including many in the elites, not
only flaunt the caste badges and take pride in doing so may be, that could, in
a positive sense, be understood as a mark of self-respect but also make weird
demands, even at the expense of larger society. This type of casteism has taken
birth mainly due to the failure of the left movements which were a strong
bulwark against sundry types of communalism/casteism till the 1970s. The
oppressed communities, especially the Harijans [dalits], who were till then
generally supporting the left, democratic leadership had, after the failure of
the leftist radical movements, found a Messiah in Dr. Ambedkar and the
youths hitherto supporting the leftists began to veer round to his ideology and
policies which, prior to freedom, were generally opposed to the national
movement and, post-independence, non- if not anti- communist too. This still
could be assessed positively as a revolt against high-caste oppression; but it
soon ossified into a rigid iconizing, hero-worship attitude, even to the extent of
promoting hate politics. Of course, the repressive ideologies and measures of
the higher castes, which were also dominant ruling classes, broadened and
intensified this process, engulfing almost all castes in the society, with even the
non-Hindu sections that in theory have no caste system vying with others in the
name of their religious cum ex-caste identities. Soon the provisions made in
our Constitution to uplift the socially and educationally backward classes,
began to be grossly misused, aided by the misguided interpretations of our
highest court, and exacerbated by the vote catching communal cum corruption
politics of almost all political parties, and now brought our country to such a
pass where casteism has become a deadly disease and caste wars imminent
almost anywhere. The intense propaganda against and discouragement of all
sorts of casteist, iconizing policies and measures of various caste associations
and political parties by the democratic leftist movements and parties would
alone be able to create a social and cultural milieu in which casteism can once
again be relegated to a back seat. Also, the progressive elimination of the
current reservations system mainly based on caste lines is another desideratum
for achieving the noble ideals declared in our Constitution for the general
welfare of all people without distinctions of caste, creed, gender etc.
1
2 (2017) 1 LAW
HISTORICAL INEVITABILITY OR ELECTORAL CORRUPTION?
[Tracing the history of Andhra, Visalandhra and separate Telangana movements]
What Pandit Hridaynath Kunjru said in essence
was that to my knowledge there are no such
restrictive rules either in any province of British India or
in any other Indian native state. One can understand
imposing any such restrictive orders on education if
childrens education were to be made compulsory with
State taking up the entire responsibility. However, even
in the West except in Germany where such state
administered compulsory education exists no such
restrictive rules are in place. I cannot support these rules
which in effect stifle the education of people. I hope good
sense prevails over the Government of the Hyderabad
State and they would withdraw these rules. Sri
Madapati laments that the Government of Hyderabad
State did not take pity and reconsider this matter in the
first phase of the Andhrodyamam (Andhra movement), at
least up to 1339F, and in that period it was one of the
primary activities of the Andhrajana Sangham
volunteers to assist the village teachers in resisting
and withstanding the harassment and persecution of
the authorities and help them in securing the
requisite permissions from the government to run
the schools if and where possible. The
correspondence relating to these matters now points
to a ridiculous state of affairs existing in those days.
The conditions of the village school teachers were quite
miserable and these rules were strictly enforced even
in towns as also in and around Hyderabad city. Rai
Bahadur Venkata Rama Reddy OB, Kotwal (Police
Commissioner, Hyderabad City) had generously
helped many such teachers in those days. Sri
Madapati also informs that, after about 20 years, in
the period of the second phase of the Andhra
movement, the Government had somewhat modified the
Rules enabling the establishment of primary and middle
schools in local languages but continued those for High
Schools, and that more stringently.
The propaganda activities of the Andhrajana
Sangham and later Andhra Mahasabha were also
discussed in some detail. Sri Madapati informs us
that the activists of the Andhrodyamam had made
use of all available means to educate and propagate
among the public about the aims and objects and
Continued from Law Animated World, 15 June 2017 issue;
emphases in bold ours - IMS.
Law Animated World, 30 June 2017
- I. Mallikarjuna Sharma
necessity and relevance of their movement: 1. by
publication of various booklets; 2. Activists directly
connecting to and talking to the people; 3. through
speeches in public meetings; and 4. Newspapers.
He particularly states that the government used to
place many obstacles for holding any public
meetings and such propaganda and education
through the third option was very difficult in those
days; in the initial period, the first two options came
of much use.
In the first phase of the Nizam State Andhra
movement, 5 booklets were published: 1. The first
booklet titled Nizam State Andhras (
), was very popular, ran into 3-4 editions and
was distributed in thousands of copies to the public.
However, only the situation and conditions of
Andhras were laid bare but no means to alleviate
those or to develop the movement were indicated
therein. 2. Another entitled Ways and means for the
development of the Nizam State Andhras (
) both of which were quite
useful to the public in general. 3. Freedom of
Traders ( ! ), which ran into 3 editions,
the first of which published with the finances of Sri
Pabbati Ellaih, a trader from Tipparthi village; it
was written by Sri Mandumula Narsing Rao,
Advocate, High Court (later, Editor of the popular
and educative Urdu newspaper Ryot). 4. Tax on
Mohatarfa - Maggam (loom) (" $ - ))
which decried the imposition of taxes on handloom
weavers profession, even in opposition to
objections from the Government and decisions by
the High Court by the Jagirdars and which was as
useful to Padmashalis (weavers community) as the
third one was to traders in general. 5. Forced
Labour (*+- ./01 2), decrying this noxious feudal system
then prevalent in Telangana villages about which we
already learnt in detail. Thousands of copies of the booklet
were distributed free of cost to the poor villagers and was of
immense educative and propagandist value. Another very
useful booklet, though not published under the
auspices of Andhrajana Kendra Sangham, was The
Nizam State Census ( ).
(Go to p. 91)
2
 POLITICAL TROUBLE IN INDIA, 1907-
1907-1917
1917
CHAPTER IV:
THE PRESS
THE BANDE MATARAM OF GENEVA
December, 1910.
The article headed, The Genius and
Traditions of the Race, contains a criticism of
a speech by Surendranath Banerjea, editor of
the Bengalee, of Calcutta, in which he is
reported to have said, Apart from these higher
moral principles which have been preached by
our sages, sung by our poets, which run
through the blood of our people, which are a
part and parcel of the life of the individual and
the life of the nations * * * apart from them,
the commonest dictates of prudence point to
constitutional means as the only legitimate, the only
useful weapon in political warfare. The writer
disputes this and says that righteous war is the
burden of Hindu song and fable. The Vedas are a
long chant in praise of war, and the Puranas are full of
descriptions of combats between gods and demons, and
describe a succession of Avatars or
incarnations of the Diety, who benefit the world
by destroying some great demon or tyrant;
Krishna killing Kamsa, Rama slaying Ravana,
Parasurama exterminating the Khatriyas, and
Narasimha tearing out the bowels of
Hiranyakassyapa. Again he says, the Puranas
have not given the greatest place in the Pantheon to
Brahma or Vishnu or Kama or Ganesha, but to Siva, the
god of death and destruction, the fiery-eyed Rudra,
whose finger guides all beings to their
common destiny with inexorable constancy;
and the worship of Durga, the enemy of demons, is one
of the widely spread cults in India. The great epics too,
the Ramayana and the Mahabharata, are instinct
with the breath of war. Rama, Krishna, [116]
Arjuna, Bhima, Yudhishtara, Karna, these are the
names that we have lisped in our childhood,
these are the figures that have fired our boyish
imagination. Where has Mr. Banerjea gone to
learn those higher principles which teach ignoble ease
and cowardice?
Continued from Law Animated World, 15 June 2017
issue; appendix ours; emphases in bold ours - IMS.
3 Law Animated World, 30 June 2017
James Campbell Ker
In the course of the article the writer says that
Surendranath Banerjeas tactics remind him of
the following lines from Milton; those who have
heard Mr. Banerjea speak and have read his paper
will appreciate the cruelty of this attack:
He seemed
For dignity composed and high exploit;
But all was false and hollow, though his tongue
Dropt manna, and could make the worse appear
The better reason, to perplex and dash
Maturest counsels; for his thoughts were low,
To vice industrious, but to nobler deeds
Timorous and slothful. Yet he pleased the ear.
April, 1911.
This number begins with the following notice,
enclosed in a black border:-
IN MEMORIAM
19th April, 1911.
Sacred to the memory of
DESHBHAKTAS KANHERE, KARVE
AND DESHPANDE
Who were put to death by our enemies in Bombay
on the above date for their heroic and successful
conspiracy at Nasik.
September, 1911.
In a signed article Madame Cama says: The
Bande Mataram is entering on its third year with
this number. This infant servant of the mighty Hindi
revolution will be kept up on the same line, always,
though the writers and publishers may change
from time to time! I am glad to mention that it is
growing fast; and more and more copies are
printed and circulated. Further on in the same
article she says, addressing the Hindus in Europe,
I also appeal to your patriotism to make the best
of your stay in the West, by taking all kinds of
physical training (which is not allowed in our
country). Above all learn how to shoot straight because
the day is [117] not far when for coming into the
inheritance of Swaraj and Swadesh you will be called
upon to shoot the English out of the land which we all
love so passionately. The importance of learning
to shoot is also emphasised in another article.
4 Political Trouble in India : 1907-1917 (J.C. Ker)
The same number announces the arrival of Ajit
Singh in Paris, and the writer hopes that after a
period of rest he will resume the excellent work
for which he has become so well-known. Ajit
Singhs claim to fame rests, of course, upon his
deportation from the Punjab in 1907 (see page 23).
January, 1913.
In a signed article headed Delhi Madame
Cama says:
The enemy entered formally Delhi on the 23rd
December 1912, but under what an omen? A
bomb was thrown on the Viceroy Lord Hardinge,
as he was marching through the historical
Chandni Chowk on an elephant supplied by the
lackey of Faridkot. His jamadar who held the
gold umbrella over his head was killed
instantaneously, but the Viceroy escaped though
he was severely wounded in the scapula! The
Hindusthani revolutionaries have nothing
whatever to do with his wound being fatal or not,
as they are not blood-thirsty hounds like the
British!
This bomb-throwing was just to announce to the
whole world that the English Government is
discarded, and verily, whenever there is an
opportunity the Revolutionaries are sure to show
their mind, spirit and principle in Hindusthan!
*** *** *** *** ***
There is one point of satisfaction still greater and
more hopeful than ever, i.e., not a single soul has
yet betrayed the hands which manufactured and
used the machine, and therein lies the success of
it.
***
THE TALVAR
The first number of this paper, the title of
which means The Sword was headed Berlin,
November 20th, 1909, but it was afterwards
ascertained that it was printed by The
Rotterdamsche Art and Book Printers of 61,
Haringvleit, Rotterdam. The December issue was
sent to 75, Faubourg du Temple, Paris.
Instructions regarding the dispatch of the issues
for January and February were sent to one Signor
Alfiery of 51, Ladbrook Road, Bayswater,
London, and under his orders the issue for
Law Animated World, 30 June 2017
(2017) 1 LAW
January was sent to Mr. Reynolds, Manor House,
Marylbone Road, London and the issue for
February to 51, Ladbrook Road, Bayswater,
London. The latter was the address of V.
Chattopadhyaya at the time; there was no [118]
Signor Alfieri there, and comparison of the
handwriting showed that Signor Alfieris writing
was the same as Chattopadhyayas. Reynolds was
the name of the lady who afterwards went through
the form of marriage with Chattopadhyaya in
Paris, and these results confirmed the statements
already made in other quarters that the Talvar
was Chattopadhyayas work.
December, 1909:
But if it is anarchism to be thoroughly ashamed
of being ruled by by a handful of vile alien
vandals, if it is anarchism to wish to exterminate
them with the noble desire of establishing our our
national freedom upon the basis of popular sovereignty,
of justice, of mercy, of righteousness, and of humanity,
if it is anarchism to rise for the sanctity of our
homes, the integrity of our life, and the honour of
our God and our country, and to slay every
individual tyrant, whether foreign or native, that
continues the enslavement of the great and noble people,
if it is anarchism to conspire ceaselessly to take
human life with the only object of emancipating
our beloved Motherland, then we say, Cursed is
the man that is not an anarchist! Cursed is the man
that sleeps in his bed or carouses merrily in halls
of wine, women and song, while alien parasites
live and grow fat upon the scarlet sweat of our
brows, and bloodsuckers are raging over the land
and slowly, silently, and peacefully draining
away the very life-blood of our nation!
January, 1910:
This was entitled The Nasik Double
Number, and contained an article on the Nasik
murder from which the following is taken:-
The city of Nasik would have been false to her
traditions and title as a Dharmakshetra if she had
failed to send forth a Dharmavira at the present
crisis of our national existence. Both Sri Ram
and Sri Ramdas, the great master and the great
disciple, have stored up their tapas-tej in that holy
place and it is without much surprise that we learn
today that Nasik has claimed the honour of being the first
city in India to successfully strike down an alien foe.
4
(2017) 1 LAW Political Trouble in India : 1907-1917 (J.C. Ker)
The Rana of Udaipur, overwhelmed by the
defeat and disgrace of the Hindu race, invoked
the tutelary deity of Chitore and implored her to
show him how he could prevent the downfall of
the nation. It is said in the Rajput annals that the
goddess Kali appeared to him in a dream and
shrieked ominously, Main bhuki hun! Hungry
am I and blood I want! Even so, ever since the
martyrdom of Chapekar and Ranade, Kali the
Terrible has been shrieking aloud in all
directions of Hind, Main bhuki hun! Main bhuki
hun! Jackson is the first victim that the War-
goddess has claimed, and Kanare the Martyr
devotee who purchased it at the cost of his own
life. [119]
April-May, 1910:
Alas, what a pathetic sight it is to see the descendants
of Sri Ram and Sri Krishna, Arjun and Bhim, the
Ghazis and the Akalis, Nana Saheb and Khan Bahadur
tremble before a puny race of shop-keepers, because,
forsooth, these are armed with modern guns and
cannon, and we are not! Where is our heroism,
where is our love of fighting gone? Have we lost
our resource and faith in ourselves and the
greatness of our destiny? Have we become so
blind that we do not see the large quantity of
arms that is still in the country available to us
and the immense possibilities of increasing the
same.
June-July, 1910:
On the morning of the 19th April, 1910, three of
the most beloved sons of Hindustan, Kanare, Karve and
Deshpande, bore witness to the faith that was consuming
their hearts and expired on the scaffold erected by the
enemy. The writer describes their doings as part
of the war for independence of the country
started in 1857, and proceeds, How then shall
we weep for them? How can we mourn their
death? One thing alone there is which we ought to do
for them, and which we will do for them, and that is to
avenge them. We shall carry on the work they
started, we shall not lower the flag that they
raised on high, we shall push on with the war
until our enemies are confounded and Hindustan
emerges, as in the past, the greatest nation in the
world.
Chattopadhyaya was now in Paris, and for the
reasons explained in page 206 this short-lived but
virulent publication came to an end.
5 Law Animated World, 30 June 2017
5
THE FREE HINDUSTAN
The Free Hindustan was first published in
April, 1908, in Vancouver, B.C., the name of
Taraknath Das appearing on the title page as
Manager. This man was born about 1884, the son
of the late Kali Mohan Das, who was employed
in the Check Office, Central Telegraph Office,
Calcutta. Taraknath Das was a member of the first
revolutionary society started about 1903 in Calcutta,
and he took a leading part in the formation of the
Dacca Anusilan Samiti (see page 154). Leaving
India about 1906, he proceeded via Japan to San
Francisco and entered the University of
California, at Berkeley, as a student. In January
1908, he was in the employ of the United States
Immigration Office at Vancouver as an
interpreter, and he was accused of abusing this
position by taking bribes from the ignorant Indian
immigrants. About the middle of 1908, either on
account of the disloyal tone of his paper or his
systematic bribery had been found out, he [120]
had to leave the Immigration Office. He then
went to Seattle, and the July, 1908 number of the
Free Hindustan was issued from there. From
Seattle Taraknath made his way East, and the
August and succeeding numbers of the paper
were described as published by the Free
Hindustan Publication Committee, 749, Third
Avenue, New York.
In September, 1908, Taraknath Das entered the
Norwich University, Northfield, Vermont, a high-
class engineering and military establishment, in
order to receive military training. He also applied
for enlistment, as a student of the institution, in
the Vermont National Guard, but this was not
permitted by the United States authorities. It was
noticed in the college that he was bitterly hostile
to England and voiced his hostility on all
occasions, appropriate and otherwise. Before he
joined the President had warned him that nothing
in the nature of anti-British agitation would be
allowed, and as he systematically disregarded this
warning he had to leave the college at the end of
the winter term of 1908-09. While at Northfield
he still continued to run the Free Hindusthan which he
6 Political Trouble in India : 1907-1917 (J.C. Ker)
got published in New York by the help of George
Freeman of Gaelic American. In the autumn of 1909
he returned to Seattle, and was there during the
greater part of 1910; he was very badly off and the
paper came to an end that year through the intervention
of the United States authorities (see page 222).
The Free Hindusthan was the imitation of the
Indian Sociologist in general getup and also in
style, though it was conducted with much less
ability. The following summaries and quotations
are from the issues for the months named:-
July, 1908:
The policy of the British Government is to plunder
Hindusthan and oppress the people by keeping them
in utter ignorance. Her secret agents at British
Columbia are scared at the educational
movement among the Hindu labourers. We are
not afraid of threatening of the London Times,
and we will do our best to get our people
educated. We advocate India for the Indians, and
must be governed by them. We implore the aid
and sympathy of our friends all over the world
to help our educational movement. Education to
Hindusthan can alone change the condition of 300
million people in Hindusthan. [121]
September, 1908:
In this number the murder of Norendra Nath
Gossain, the approver in the Maniktolla
conspiracy case is described as a dramatic
finish to an infamous episode in his life, and
considerable space is devoted to what is called
the trouble caused by the Foreign Government
interference with the management of the
Khalsa College (the college for Sikhs at
Amritsar). The article concludes with an
anonymous letter, purporting to be written by a
Sikh student in the United States, which
includes the following: The Feringhi are going
to interfere in all our business if we remain calm and
quiet. The time is not very far when they will come
to settle our social and our family questions, such as
marriage and protection of women. The man who
supports British rule to make Khalsas slaves of
foreign rulers is a traitor to all Khalsas and to our
sacred religion. Every true Khalsa must do his best to
free the nation from such slavery.
Law Animated World, 30 June 2017
(2017) 1 LAW
October, 1908:
We all know that the national uprising of 1857
would have been successful in throwing off the foreign
yoke if our own people and the Nepalese had not
engaged in helping the tyrants. Let us remember that
the British Government required a force of 200,000 (two
hundred thousand) to oppress the national rising and of
this force there were only 40,000 Europeans and of the
rest 80,000 were Gurkhas (Nepalese sent by Jung
Bahadur of Nepal) and 80,000 Sikhs and other troops.
The Nepalese first took the fort of Lucknow from the
Sepoys and so gave the death blow to the national
aspiration in 1857. Now the problem before us is to
see whether the native troops of the British
Government which number over 200,000 will
again join hands with the tyrants or not. We
believe not, if work could be carried on in giving
the idea of the benefits of independence among
the native troops. At least we have seen the Sikhs
refuse to fire upon the Punjabee peasants at
Lahore and at Rawalpindi during the riots of
1907. To work among the native troops is not a
very difficult matter, because they are already
discontented owing to unjust treatment by the
British Government; they are underpaid,
underfed and badly treated. He then proceeds to
consider the case of the Gurkhas, and remarks it
is not a very hard task if we go to work earnestly.
Compare our possibility of success with the
English. The English do not read or write Devnagari
which the Nepalese do as we do. The Nepalese are
Hindus and the Nepalese were bitter enemies of England
sometime ago. The only thing we have to do is to preach
the sense of Hindu honour among the Nepalese, to
stimulate their national desire to get a place among
international powers. (to be continued)
*****
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 THE AURANGZEB DEBATE
THE AURANGZEB DEBATE
(reader's letter replying to a review of Audrey
Truschke's book Aurangzeb: Man or Myth, in
National Interest, 22 April 2017)
Unfortunately, I have no time for a full review
of Audrey Truschkes book, checking primary
sources and all that, though if it somehow proves
necessary, I will do it anyway. I am presently
concentrating on more complex and more
important issues in the history of Hindu thought,
while the history of Islam has lost my interest
because it is so simple and our conclusions about
it are not at all threatened with a need for
revision. As a doctrine, it is a mistake, and as a
historical movement, it has a very negative record
vis--vis Unbelievers, especially the Hindus. The
secularists and their foreign dupes may cry
themselves hoarse in their denial of these
straightforward and amply proven facts, they
dont stand a chance, though not for want of
trying.
Nonetheless, let me offer some general
observations. If Hindus are wrong anywhere in
their evaluation of Aurangzeb, it is not in
misstating his record, which was highly
reprehensible even by the standards of his own
day. But because of the crimes he undeniably
committed against the mass of non-Muslims and
against a few unorthodox Muslims, Hindus tend
to launch this shrill rhetoric against the person
Aurangzeb, as if he were an evil man. He was
not.
Unlike Audrey Truschke, I will not have to do
a counterfactual whitewash in order to relativize
Aurangzebs guilt. He did destroy the Kashi
Vishvanath, the Krishna Janmabhumi and thousands of
other temples, and their ruins or the mosques built in
their stead remain as mute witnesses to his practice of
iconoclasm. Yet, he was also verifiably a pious and
ascetic man. While we cannot look inside his skull
Courtesy: Dr. Koenraad Elst at koenraadelst.blogspot.com/;
Dated 22 April 2017; emphases in bold ours - IMS.
7 Law Animated World, 30 June 2017
Dr. Koenraad Elst
to know what he really thought, all contemporaneous
documents confirm that he set himself high standards of
conduct. For example, he earned his own
livelihood and did hold it against his father that
he squandered taxpayers money on luxuries like
building the Taj Mahal.
Among Hindus too, we know of numerous pious
and ascetic people, but none of them earned a
reputation as an iconoclastic monster. Then what
happened in the case of Aurangzeb? The answer is in
the contents of the doctrine he came to take ever more
seriously: Islam. When people at some point in
their lives get religion, their freshly upgraded
or newfound faith colours the nature of the
behavioural changes that ensue. In the case of
Islam, the religious enthusiast may take
inspiration from the Prophets life & works, more
than the average Muslims brought up with the
same ideals but less inclined to put them into
practice. He was a better Muslim than most.
Thus, he enacted laws harmful to the interests of
the ruling class but more in keeping with Islamic
jurisprudence. But the same devotion and
religious earnestness that made him an ascetic,
also made him an iconoclast.
Whenever Islamic rulers or warlords feel
compelled to provide a justification for their
iconoclasm, they point to earlier Islamic leaders
precedents, but most of all to Mohammeds own
model behaviour, especially the epochal moment
after the city of Meccas surrender when the
Prophet and his son-in-law Ali destroyed the Pagan
Kaabas 360 idols with their own hands. The job
completed, they declared that with this, light had
triumphed over darkness; truly a defining
moment in Islams genesis. Not one Islamic
theologian will contradict us when we say that an
exemplary Muslim is one who emulates the
Prophet.
At the end of his life, Aurangzeb privately repented
his policy of iconoclasm, even though not deeply
enough to reverse it. If no one else can refute
gullible apologists like Audrey, let Aurangzeb
8 The Aurangzeb Debate (Dr. Koenraad Elst)
himself do it. He certainly realized that his policy
was too much for his contemporaries to stomach.
And again this change of heart had nothing to do with
his personality but with his deeply-held faith. He
regretted having destroyed temples not because he was
suddenly struck with compassion for the accursed
Infidels, but because he had provoked them into
rebellions and thus endangered Islams position in
India. For almost two centuries, Islam had thrived
and enjoyed power thanks to a compromise with
the Hindu majority: these had a subordinate
position, but not emphatically so. Not enough to
make them rise in revolt. Now, after Shivajis
successful rebellion, it was becoming clear that
Indian Islam had entered a period of decline. The
romantic ideal of emulating the Prophet in every
detail had come in the way of Islams larger and
deeper goal, viz. consolidating and extending its
power, ultimately expected (as ordered by the
Quran itself) to culminate in world conquest.
Let us note finally that on this issue, Audreys
book is representative of a wider concern to whitewash
Aurangzeb. In their all-out war on Hinduism and
specific Hindu ideas, the South Asia scholars tend to
practise Groupthink; there is rarely anything original,
they only outdo each other in how daring they can make
their own articulation of ever the same position. In
2014, I participated in an all-day session on
Aurangzeb at the bi-annual conference of the
European Association of South-Asian Studies in
Zrich. One paper after another highlighted some
quotes from contemporaneous writers in praise of
Aurangzeb. These are easy to find, as he had the
last say over their success or marginalization,
even over life and death. On Stalin too, you can
easily find many contemporary sources praising
him, and then silly academics concluding
therefrom that he cant have been so bad.
Thus, one of the sources was Guru Govind
Singhs Zafar Namah or victory letter. If you quote
it selectively, you might think he was an admirer and
ideological comrade of Aurangzebs. But the Guru
was strategically with his back against the wall
and had to curry favour with the man holding all
the cards. So he wrote a diplomatically-worded letter
and held his personal opinions to himself (and here is
one case where personal relations must have
Law Animated World, 30 June 2017
(2017) 1 LAW
trumped ideology). It is entirely certain, and
academics cover themselves with shame if they
cleverly try to deny it, that Govind hated Aurangzeb
from the bottom of his heart. Aurangzeb was responsible
for the murder of Govinds father and all four sons. Any
proletarian can understand that in private, Govind
must have said the worst things about Aurangzeb. You
have to be as silly or as partisan as a South Asia
scholar to believe that the Guru meant to praise
Aurangzeb.
To sum up, the presently-discussed thesis by
Audrey Truschke comes to add to the numbers of
what formally look like studies in history, but effectively
are meant as strikes in the ongoing battle against self-
respecting Hinduism.
*****
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8
 WASHINGTON AT WAR FOR 16 YEARS: WHY?
Washington Has Been At War
For 16 Years: Why?
For sixteen years the US has been at war in the
Middle East and North Africa, running up trillions of
dollars in expenses, committing untold war crimes, and
sending millions of war refugees to burden Europe,
while simultaneously claiming that Washington cannot
afford its Social Security and Medicare obligations or to
fund a national health service like every civilized
country has.
Considering the enormous social needs that
cannot be met because of the massive cost of
these orchestrated wars, one would think that the
American people would be asking questions
about the purpose of these wars. What is being
achieved at such enormous costs? Domestic needs are
neglected so that the military/security complex can grow
fat on war profits. The lack of curiousity on the part of
the American people, the media, and Congress about
the purpose of these wars, which have been proven
to be based entirely on lies, is extraordinary. What
explains this conspiracy of silence, this amazing
disinterest in the squandering of money and lives?
Most Americans seem to vaguely accept these
orchestrated wars as the governments response
to 9/11. This adds to the mystery as it is a fact
that Iraq, Libya, Syria, Yemen, Afghanistan, and
Iran (Iran not yet attacked except with threats and
sanctions) had nothing to do with 9/11. But these
countries have Muslim populations, and the Bush
regime and presstitute media succeeded in associating
9/11 with Muslims in general. Perhaps if Americans
and their representatives in Congress understood
what the wars are about, they would rouse
themselves to make objections. So, I will tell you
what Washingtons war on Syria and Washingtons
intended war on Iran are about. Ready?
There are three reasons for Washingtons war, not
Americas war as Washington is not America, on Syria.
The first reason has to do with the profits of the
military/security complex.
Courtesy: Paul Craig Roberts at www.paulcraigroberts.org;
dated 29 & 30 June 2017; emphases in bold ours - IMS.
9 Law Animated World, 30 June 2017
Paul Craig Roberts
The military/security complex is a combination of
powerful private and governmental interests that need a
threat to justify an annual budget that exceeds the GDP
of many countries. War gives this combination of
private and governmental interests a justification
for its massive budget, a budget whose burden
falls on American taxpayers whose real median
family income has not risen for a couple of
decades while their debt burden to support their
living standard has risen. The second reason has to
do with the Neoconservative ideology of American world
hegemony. According to the Neoconservatives,
who most certainly are not conservative of any
description, the collapse of communism and socialism
means that History has chosen Democratic
Capitalism, which is neither democratic nor capitalist,
as the Worlds Socio-Economic-Political system and it is
Washingtons responsibility to impose Americanism on
the entire world. Countries such as Russia, China,
Syria, and Iran, who reject American hegemony
must be destabilized and desroyed as they stand
in the way of American unilateralism. The Third
reason has to do with Israels need for the water
resources of Southern Lebanon. Twice Israel has sent
the vaunted Israeli Army to occupy Southern Lebanon,
and twice the vaunted Israeli Army was driven out by
Hezbollah, a militia supported by Syria and Iran.
To be frank, Israel is using America to eliminate
the Syrian and Iranian governments that provide
military and economic support to Hezbollah. If
Hezbollahs suppliers can be eliminated by the
Americans, Israels army can steal Southern
Lebanon, just as it has stolen Palestine and parts
of Syria. Here are the facts: For 16 years the
insouciant American population has permitted a
corrupt government in Washington to squander trillions
of dollars needed domestically but instead allocated to
the profits of the military/security complex, to the
service of the Neoconservative ideology of US world
hegemony, and to the service of Israel.
Clearly, Amerian democracy is a fraud. It serves
everyone but Americans. What is the likely
consequence of the US government serving non-
American interests? The best positive outcome is
poverty for the 99 percent. The worst outcome is
nuclear armageddon.
10 Saudi Arabia versus Emir of Qatar (Paul Craig Roberts)
Washingtons service to the military/security
complex, to the Neoconservative ideology, and to
Israel completely neglects over-powering facts.
Israels interest to overthrow Syria and Iran is totally
inconsistent with Russias interest to prevent the import
of jihadism into the Russian Federation and Central
Asia. Therefore, Israel has put the US into direct
military conflict with Russia. The US military/security
complexs financial interests to surround Russia with
missile sites is inconsistent with Russian sovereignty as
is the Neoconservatives emphasis on US world
hegemony.
President Trump does not control Washington.
Washington is controlled by the military/security
complex (watch on youtube President Eisenhowers
description of the military/security complex as a threat
to American democracy), by the Israel Lobby, and by
the Neoconservatives. These three organized interest
groups have pre-empted the Amercan people, who are
powerless and are uninvolved in the decisions about
their future. Every US Representative and US Senator
who stood up to Israel was defeated by Israel in their re-
election campaign. This is the reason that when Israel
wants something it passes both houses of Congress
unanimously. As Admiral Tom Moorer, Chief of
Naval Operations and Chariman of the Joint
Chiefs of Staff, said publicly, No American
President can stand up to Israel. Israel gets what it
wants no matter what the consequences are for
America. Adm. Moorer was right. The US gives
Israel every year enough money to purchase our
government. And Israel does purchase our government.
The US government is far more accountable to Israel
than to the American people. The votes of the House
and Senate prove this.
Unable to stand up to tiny Israel, Washington
thinks it can buffalo Russia and China. For
Washington to continue to provoke Russia and China
is a sign of insantity. In the place of intelligence we
see hubris and arrogance, the hallmarks of fools.
What Planet Earth, and the creatures thereon,
need more than anything is leaders in the West who
are intelligent, who have a moral conscience, who
respect truth, and who are are capable of understanding
the limits to their power. But the Western World has no
such people.
*****
Law Animated World, 30 June 2017
(2017) 1 LAW
Saudi Arabia Has Handed the Emir of Qatar
an Opportunity to Redirect History
- Paul Craig Roberts (29 June 2017)
In the event you have noticed the hullabaloo about
Qatar and wonder what it is about, it is about Al Jazeera, a
news organization, established by the Emir who
rules the oil and gas sheikdom on the Persian Gulf.
Al Jezeera is far more professional than any news
organization in the West. Al Jazeeras problem is that it
covers the actual news and tells the truth. This is
unacceptable to the Saudis, the United Arab Emirates,
and to Washington. At the time of the US invasion of
Iraq the Crown Prince of the UAE requested that
Washington bomb Al Jazeera so that the Arab world
would not be inflamed by truthful reporting of the US
attack on Iraq. In April 2003 Al Jazeeras Baghdad
office in Iraq was struck by a US missile, killing one
journalist and wounding another. Of course,
Washington claimed it was just a mistake. Qatar has
the highest per capita income in the world $129,700 in 2016
a sum to which American per capita income
compares very poorly. Qatar also hosts the largest US
military base in the Mideast. This fact makes the list of
demands or else that Saudi Arabia has handed to
Qatar perplexing. Essentially, the Saudis accuse Qatar of
supporting terrorism because the Emir permits Al Jazeera
to tell the truth. The second demand on the list is that Qatar
close down Al Jezeera. The Emir is proud of Al Jazeera,
and he should be. On the other hand Qatar shares a land
border with Saudi Arabia. But the Saudis are bogged
down as Washingtons proxie in a war with Yemen.
Does Saudi Arabia want a second front? What would
Washingtons response be to a Saudi attack on a country
that hosts Washingtons largest military base in the Middle
East? Is Qatar to be incorporated into Saudi Arabia? If
so, the problem returns of the infidel having military
troops in the country that protects the holy shrine of
Mecca. What is certain is that Washington is not going to
let go of its largest base in the Middle East.
Still, Washington hates Al Jazeera. So, can we expect
that Washington will pressure the Emir to comply with the
Saudi demand? What if the Emir instead ordered
Washington out and installed the Russians, or the Iranians
with whom the Emir is on speaking terms? If the Emir
could evade the CIA assassination attempts, he
could single handedly change the course of history. Only
the corrupt Saudi monarchy and the idiots in
Washington could create such an opportunity for a
mere Emir. If I were the Emir, I would be on the telephone
with Vladimir Putin.
*****
10
(2017) 1 LAW Deception inside Deception: Alleged Sarin Gas Attack (Paul Craig Roberts)
DECEPTION INSIDE DECEPTION:
THE ALLEGED SARIN GAS ATTACK
- Paul Craig Roberts (30 June 2017)
SEYMOUR HERSH, Americas most famous
investigative reporter, has become persona non grata in
the American Propaganda Ministry that poses as a
news media but only serves to protect the US
governments war lies. Among his many
triumphs Hersh exposed the American My Lai
massacre in Vietnam and the Abu Ghraib torture
prison run by the Americans in Iraq. Today his
investigative reports have to be published in the
London Review of Books or in the German
Media. From Hershs latest investigative report,
we learn that President Trump makes war decisions by
watching staged propaganda on TV. The White
Helmets, a propaganda organization for jihadists
and the Syrian opposition, found a gullible
reception from the Western media for
photographs and videos of alleged victims of a
Syrian Army sarin gas attack on civilians in Khan
Sheikhoun. Trump saw the photos on TV and despite
being assured by US intelligence that there was no
Syrian sarin gas attack, ordered the US military to
strike a Syrian base with Tomahawk missiles. Under
international law this strike was a war crime, and it was
the first direct aggression against Syria by the US
which previously committed aggression via
proxies called the Syrian opposition.
Reporting on his sources, Hersh writes: In a
series of interviews, I learned of the total disconnect
between the president and many of his military advisers and
intelligence officials, as well as officers on the ground in
the region who had an entirely different understanding
of the nature of Syrias attack on Khan Sheikhoun.
I was provided with evidence of that disconnect, in the
form of transcripts of real-time communications,
immediately following the Syrian attack on April 4.
The belief that sarin gas was involved in the attack
comes from what appears to be a gas cloud. Hersh was
informed by US military experts that sarin is oderless
and invisible and makes no cloud. What appears to
have happened is that the explosion from the air
attack on ISIS caused a series of secondary explosions
that produced a toxic cloud formed by fertilizers and
chlorine disinfectants that were stored in the building
that was hit.
11
11
US officials spoke with Hersh, because they
are distrubed that President Trump based a war
decision on TV propaganda and refused to listen
to the detailed counter-assessments of his
intelligence and military services. A national
security source told Hersh: Everyone close to
him knows his proclivity for acting precipitously
when he does not know the facts. He doesnt read
anything and has no real historical knowledge. He
wants verbal briefings and photographs. Hes a
risk-taker. He can accept the consequences of a
bad decision in the business world; he will just
lose money. But in our world, lives will be lost
and there will be long-term damage to our
national security if he guesses wrong. He was
told we did not have evidence of Syrian
involvement and yet Trump says: Do it.
Concerns about Trumps purely emotional
reaction to TV propaganda persist. Hersh reports
that a senior national security adviser told him:
The Salafists and jihadists got everything they
wanted out of their hyped-up Syrian nerve gas
ploy (the flare up of tensions between Syria,
Russia and America). The issue is, what if theres
another false flag sarin attack credited to hated
Syria? Trump has upped the ante and painted
himself into a corner with his decision to bomb.
And do not think these guys are not planning the
next faked attack. Trump will have no choice but
to bomb again, and harder. Hes incapable of
saying he made a mistake.
As we know, the White House has already released
a statement predicting that Assad is preparing another
chemical attack, for which, the White House promises,
he will pay a heavy price. Clearly, a false flag attack is
on the way. By all means, read Hershs report:
https://www.welt.de/politik/ausland/article165905578/
Trump-s-Red-Line.html. It reveals a president who
makes precipitious decisions likely to cause a war with
Russia.
I do not doubt Sy Hershs integrity. I accept
that he has accurately reported what he was told
by US officials. My suspicions about this story do
not have to do with Hersh. They have to do with
what Hersh was told.
Law Animated World, 30 June 2017
12 Deception inside Deception: Alleged Sarin Gas Attack (Paul Craig Roberts)
Hershs report puts Trump in a very bad light, and
it puts the military/security complex, which we know
has been trying to destroy Trump, in a very good light.
Moreover, the story strikes me as inconsistent with
the subsequent attack on the Syrian fighter-bomber by
the US military. If the Tomahawk attack on the
Syrian base was unjustified, what justified
downing a Syrian war plane? Did Trump order
this attack as well? If not, who did? Why?
If national security advisers gave Trump such
excellent information about the alleged sarin gas
attack, completely disproving any such attack,
why was he given such bad advice about shooting
down a Syrian war plane, or was it done outside
of channels? The effect of the shootdown is to
raise the chance of a confrontation with Russia,
because Russias response apparently has been to
declare a no-fly zone over the area of Russian and
Syrian operations.
How do we know that what Hersh was told
was true? What if Trump was encouraged to
order the Tomahawk strike as a way of
interjecting the US directly into the conflict? Both
the US and Israel have powerful reasons for wanting to
overthrow Assad. However, ISIS, sent to do the job, has
been defeated by Russia and Syria. Unless
Washington can somehow get directly involved,
the war is over.
The story Hersh was given also serves to damn
Trump while absolving the intelligence services. Trump
takes the hit for injecting the US directly into the
conflict. Hershs story reads well, but it easily could be
a false story planted on him. I am not saying that the
story is false, but unless we learn more, it could be.
What we do know is that the story given to
Hersh by national security officials is inconsistent
with the June 26 White House announcement that
the US has identified potential preparations for
another chemical attack by the Assad regime.
The White House does not have the capability to
conduct its own foreign intelligence gathering. The
White House is informed by the national security
and intelligence agencies.
In the story given to Hersh, these officials are
emphatic that not only were chemical weapons
Law Animated World, 30 June 2017
(2017) 1 LAW
removed from Syria, but also that Assad would
not use them or be permitted by the Russians to
use them even if he had them. Moreover, Hersh
reports that he was told that Russia fully informed the
US of the Syrian attack on ISIS in advance. The
weapon was a guided bomb that Russia had
suppied to Syria. Therefore, it could not have
been a chemical weapon.
As US national security officials made it clear
to Hersh that they do not believe Syria did or
would use any chemical weapons, what is the
source for the White Houses announcement that
preparations for another chemical attack by the
Assad regime have been identified?
Who lined up UN ambassador Nikki Haley
and the UK Defence Minister Michael Fallon to
be ready with statements in support of the White
House announcement? Haley says: Any further
attacks done to the people of Syria will be blamed
on Assad, but also on Russia & Iran who support
him killing his own people. Fallon says: we
will support future US action in response to the
use of chemical weapons in Syria.
How clear does an orchestration have to be before
people are capable of recognizing the orchestration?
The intelligence agencies put out the story via
Hersh that there were no chemical attacks, so
what attacks is Niki Haley speaking about?
A reasonable conclusion is that Washingtons plan
to use ISIS to overthrow Syria and then start on Iran
was derailed by Russian and Syrian military success
against ISIS. The US then tried to partition Syria
by occupying part of it, but were out-manuevered
by the Russians and Syrians. This left direct US
involvement as the only alternative to defeat. This
direct US military involvement began with the US
attack on the Syrian military base and was followed by
shooting down a Syrian war plane. The next stage will
be a US-staged false flag chemical attack or alleged
chemical attack, and this false flag, as has already
been announced, will be the excuse for larger scale US
military action against Syria, which, unless the Russians
abandon Syria, means conflict with Russia, Iran, and
perhaps China.
*****
12
 THE US CRIMINAL JUSTICE SYSTEM DEVOID OF JUSTICE
The US Criminal Justice System
is Devoid of Justice
In 1992 Fran and Dan Keller were convicted despite
the absence of any evidence of raping a 3-year old, a
crime that never occurred. Among the absurd
charges was the transport of children to Mexico
to be raped by military officials. The Kellers spent
21 years in prison before finally being exonerated by a
conviction integrity unit that found no credible
evidence for the conviction.
This kind of ridiculous conviction plagued
child care providers during the 1980s and into the
1990s. The Amirault family who operated the
Fells Acres Day Care Center in Massachusetts
were ruined. The Massachusettes supreme court
judge who kept the Amiraults in prison despite
the completely obvious fabricated case is today a
Harvard University law professor. In Wenatchee,
Washington, scores of people were ruined by
insane allegations of a church practicing Satanic
Sex Rituals on children. There was the Little
Rascals Day Care case in North Carolina, the
McMartin child care case in California, and many
others. Few remember that President Bill
Clintons attorney general, Janet Reno, rose to
name recognition based on false convictions from
child abuse witch hunts.
The insanity spread wider. Young women with
emotional problems were told by therapists that they
had been raped by their fathers, grandfathers, uncles,
and brothers. Families everywhere were blown
apart by wild charges.
Child advocates insisted that all male
heterosexuals were suspect as child rapists. There
was no such thing as a real trial, just a
condemnation. Allegations alone destroyed people.
It spread into wife rape. States passed wife rape
laws, and any wife could get rid of a husband by
Courtesy: Paul Craig Roberts at www.paulcraigroberts.org;
dated 22 June 2017; emphases in bold ours - IMS.
13
- Dr. Paul Craig Roberts
accusing him of rape. I investigated and wrote about
the case of Wm. Strong. He was about to divorce
his wife for her infidelity, but she struck first with
a rape charge. Strong was the victim of wife rape
law. His parole appeal is routinely turned down
because of the serious nature of your offense.
I myself have written to the Virginia Parole
Board on several occasions pointing out that
I covered the story and Strong was framed on
false charges by his wife who outsmarted him.
But the Virginia Parole Board has no interest in
any evidence. The Parole Board exists for the
purpose of protecting the system, not for admitting
mistakes.
I wrote about many of the child care cases.
Only in the Wenatchee case did facts that I
helped to marshall result in the cases being
overturned. During the entire process I was
attacked by the local newspaper and radio station.
Neither were interested in any facts. They knew
the church was guilty. Period.
Evidence simply was not important. Juries
were ramrodded by hysteria conjured up by
child advocates, newspapers and TV reports.
Consider the case of Alabama Governor Don
Siegelman. He was framed by Republican US
attorneys and Republican federal judges. A
normal everyday political contribution was turned
into an influence-selling case. In Siegelmans
case, even the intervention of 113 former state
attorney generals led by New York attorney
general Robert Abrams, who called Siegelmans
frameup an enormous scandal, could not
prevent Gov. Siegelman from being sent to prison
by corrupt Republicans.
The Republican federal judge who presided
over the attrocity was subsequently arrested for
beating his wife bloody in an Atlanta hotel and
got off. Of course.
In America only the innocent go to prison.
Americans do not understand this. They have
been deceived by law and order conservatives that
Law Animated World, 30 June 2017
14 The US Criminal Justice System is devoid of Justice (Paul Craig Roberts)
liberal judges always let the criminals off and that
any criminals that somehow are sent to prison
despite the libeal judges are rescued from jail by
liberal parole boards.
The fact of the matter is that only 3% of felony
cases go to trial, and in these cases prosecutors are
able to bribe and to pay witnesses for false
testimony against the accused and to withhold
exculpatory evidence that would clear the
defendant of the charges. In other words,
conviction regardless of the evidence is almost always
obtained.
In the other 97% of the cases, the defendants
attorney negotiates with the prosecutor a ficticious
charge to which the accused will plead guilty in
exchange for dropping the more serious charge for
which the accused was arrested. The attorney knows
that to defend against even a false charge is
unlikely to be successful and that the accused will
draw a longer sentence from going to trial than
from agreeing to a lesser charge in a plea bargain.
Both prosecutor and judge are grateful, because it
saves both from days, even weeks, of court time,
thus keeping the judges case load lighter and
permitting the prosecutor many more convictions
with which to embellish his record. A week of
plea bargains can produce many times the
convictions of a week in court dealing with one
case. The fewer cases the judge has to study and
to apply his understanding of the law, the better
for the judge.
As only 3% of cases go to trial, the police evidence is
seldom tested. The police know this. One result is that
it is much easier for the police to pickup someone
who had committed a similar crime in the past
and charge him, than to go to the trouble of
solving the crime by investigating it. Indeed, the
police are so out of touch with neighborhoods,
compared to bygone days when police walked
their beats and knew the population, and crimes
appear so random, that many crimes simply cant
be investigated. Much easier to pick up someone with
a record and charge them. This practice explains the
high recidivism rates. Once convicted, they will
convict you again. It is how crimes are solved.
Law Animated World, 30 June 2017
(2017) 1 LAW
Don Siegelman was probably the best
governor Alabama ever had. He had to be good in
order to be elected as a Democrat in a Republican
state. The fact that President Obama, who had the
support of 113 state attorneys general in behalf of
Siegelman, did not lift a finger to have the Justice
Department look into Siegelmans frameup or use
his pen to sign a pardon demonstrates that an
ordinary citizen has no chance whatsoever. When
a prominent governor can be framed, the fate of a single
mom or a black man is sealed when they are arrested.
In the American criminal justice system justice is
totally absent. There is no such thing as justice in
America. The criminalization of US citizens by the
Injustice System is now one of Americas largest
industries. Prisons have been privatized, and their
inmates comprise cheap labor for Apple Computer and
defense industries among many others. The United
States of America not only has the highest percentage
of its population in prison, it has the highest absolute
number, substantially higher than authoritarian
China, a country whose population is FOUR
TIMES LARGER than the US but a country with
fewer people in prison.
That should tell Americans something. But they are
too brainwashed to see it. The morons rush to the
defense of the police, and they praise prosecutors for
their wrongful convictions. In America, to be accused
is to be guilty. Not even President Trump is safe from
being falsely convicted by false charges and driven
from office.
*****
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MARXISM: HUMAN SOCIETY
Prof. V.V. Reddy,
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14
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
(2017) 1 LAW ISC-209
SUPREME COURT OF INDIA
AT NEW DELHI
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No. 6673 of 2014
Date of Judgment: Wednesday, 26 October 2016
Satya Pal Anand Appellant
Versus
State of M.P. & Ors. Respondents.
Citation: (2017) 1 LAW ISC-209
CORAM:
RANJAN GOGOI, J.
PRAFULLA C. PANT, J.
A.M. KHANWILKAR, J.
***
SHORT NOTES: This is a landmark decision by a three-
Judge bench of the Supreme Court, necessitated by the
difference in opinion in a two-Judge Bench in which while
Justice Dipak Misra confirmed the appealed High Court
judgment, Justice Gopal Gowda not only allowed the
appeal but also granted a compensation of Rs. 10 lakhs to
the appellant. Justice Gopal Gowda was pleased to take a
humane and liberal approach in the matter and noticing
the deficiencies in the existing registration law tried to fill
up the vacuum spots by proactive interpretation and also
recourse to the provisions of the contract act which ordains
that the consent of both parties is essential for the
execution or registration of any valid conveyance. But, the
three-Judge Bench was more inclined towards a
conservative approach and the traditional view that
registering officer has and so can exercise no quasi-judicial
powers and has to work more like an automaton if the
documents presented and person registering a deed are in
order without enquiring into the veracity of the title or
even contents of the document. We are not impressed by
such hyper-technical common-course approach by a
constitutional court which needs to think and actively
even proactively work in interpreting any statute or its
provisions to reach equity and justice to the public at large
as also to supply the vacuums and cure the defects in law to
certain extent as to harmonize its connection to the
purpose for which it is made here it was to inculcate
certain confidence in the public to freely and fearlessly
proceed with their transactions basing on the knowledge,
wisdom and controlling powers of a welfare state. This
Courtesy: Supreme Court of India at http://judis.nic.in/;
emphases in bold ours - IMS.
15
ISC-209
editor is in agreement with Justice Gopal Gowdas opinion
and suggests, and feels the Court ought to have also
suggested, that our country should switch over from the
current documents-registration system to one of title-
registration that can be much reassuring and beneficial to
the people, enabling them to conduct their transactions in a
hassle-free manner. [IMS]
***
JUDGMENT
A.M. KHANWILKAR, J.:
1. This appeal has been placed before a three
Judges' Bench in terms of order dated August 25,
2015, consequent to the difference of opinion
between the two learned Judges of the Division
Bench.
2. Justice Dipak Misra took the view that, in the
fact situation of the present case the Writ Petition
filed by the appellant challenging the order
passed by the Sub-Registrar (Registration) and the
Inspector General (Registration) was rightly
dismissed by the High Court. However, His
Lordship opined that a question would still arise
for consideration, namely, whether in absence of any
specific Rule in the State of Madhya Pradesh, the
general principle laid down in the case of Thota Ganga
Laxmi & Anr. v. Government of Andhra Pradesh &
Ors., 2011(4) R.C.R.(Civil) 78 : 2011 (4) Recent
Apex Judgments (R.A.J.) 417: (2010) 15 SCC
207 would be applicable?
3. Justice V. Gopala Gowda on the other hand
allowed the appeal on the finding that the Sub-
Registrar (Registration) had no authority to register the
Extinguishment Deed presented by the respondent-
Society dated 9th August 2001 and his action of
registration of that document was void ab initio. For
the same reason, the subsequent deeds in respect
of the property in question registered by the Sub-
Registrar dated 21st April, 2004 and 11th July 2006
were also without authority and void ab initio.
His Lordship held that, the High Court should
have declared the above position and set aside
registration of the subject documents and also the
orders passed by the Sub-Registrar (Registration)
and Inspector General (Registration). His Lordship
allowed the appeal filed by the appellant with
compensation amount to be paid by the respondents
quantified at L 10 Lakh.
Law Animated World, 30 June 2017
ISC-210 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
4. Briefly stated, Plot No.7-B at Punjabi Bagh,
Raisen Road, Bhopal was allotted to the
appellant's mother Smt. Veeravali Anand by
Punjabi Housing Cooperative Society Ltd.
(hereinafter referred to as the "Society"), vide a
registered deed dated 22nd March 1962. Smt.
Veeravali Anand expired on 12th June 1988. After
her death, the Society through its Office Bearer
executed a Deed of Extinguishment on 9th August
2001, unilaterally, cancelling the said allotment
of plot to Smt. Veeravali Anand because of
violation of the Bye-laws of the Society in not
raising any construction on the plot so allotted
within time. On the basis of the said
Extinguishment Deed, the Society executed and
got registered a deed dated 21st April, 2004 in
favour of Mrs. Manjit Kaur (Respondent No.5) in
respect of the same plot. The appellant objected
to the said transaction. However, a compromise
deed was executed between the Society and Mrs.
Manjit Kaur (Respondent No.5) on the one hand
and the appellant on the other hand - where under
the appellant received consideration of L 6.50
Lakh (Rupees Six Lakh Fifty Thousand) - L 4.50
Lakh (Rupees Four Lakh Fifty Thousand) by a
demand draft and L 2/- Lakh by a post-dated
cheque). Notwithstanding the compromise deed,
the appellant filed a dispute under Section 64 of
the Madhya Pradesh Cooperative Societies Act,
1960 (hereinafter referred to as the "Act of
1960"), before the Deputy Registrar, Cooperative
Societies bearing Dispute No. 81 of 2005. The
appellant challenged the Society's action of
unilaterally registering the Extinguishment Deed
dated 9th August 2001 and allotting the subject
plot to Mrs Manjit Kaur vide deed dated 21st
April, 2004; and prayed for a declaration that he
continues to be the owner of the subject plot
allotted by the Society to his mother, having
inherited the same. In the said dispute, the
appellant filed interim applications praying for
restraint order and for appointment of a Receiver.
It is not necessary to dilate on those facts to
consider the issues on hand. Suffice it to note that
the said dispute is still pending adjudication.
Law Animated World, 30 June 2017
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(2017) 1 LAW
5. During the pendency of the said dispute, the
Society permitted transfer of the subject plot in
favour of Mrs. Meenakshi and Mr. S.C. Sharma
(Respondent Nos. 6 & 7) vide registered Deed
dated 11th July 2006. Since the appellant was
perseverating the dispute and resorting to
multiple proceedings in relation to the subject
plot, the respondents issued a notice on 12th July
2007 asking the appellant to refund the
consideration amount accepted by him in
furtherance of the compromise deed dated 6th July
2004. The appellant did not pay any heed to that
demand and instead continued with the multiple
proceedings resorted to by him before the
Authority under the Act of 1960, including
criminal proceedings. The appellant also moved
an application before the Sub-Registrar
(Registration) calling upon him to cancel the
registration of Extinguishment Deed dated 9th
August 2001 and the subsequent two deeds dated
21st April 2004 and 11th July 2006 respectively.
This application was filed on 4th February 2008
by the appellant. The Sub-Registrar (Registration)
by a speaking order rejected the said application
on 28th June 2008 mainly on two counts. Firstly, a
dispute was pending between the parties with
regard to the same subject matter. Secondly, he
had no jurisdiction to cancel the registration of a
registered document in question. For, his jurisdiction
was limited to registration of the document when
presented by the executant before him for that purpose.
The appellant then approached the Inspector
General (Registration) by way of an application
under Section 69 of the Registration Act, 1908
(hereinafter referred to as the "Act of 1908"). The
Inspector General (Registration) vide order dated
19th September 2008 rejected the said application on
the ground that powers conferred on him were limited
to the general superintendence of the Registration
Offices and making Rules.
6. The appellant thereafter approached the High
Court of Madhya Pradesh, Judicature at Jabalpur,
by way of Writ Petition No. 13505/2008 under
Article 226 of the Constitution of India to
challenge the order passed by the Inspector
General (Registration) dated 15th September 2008
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
as also the order passed by the Sub-Registrar
(Registration) dated 28th June 2008. The appellant
further prayed for a declaration that the
Extinguishment Deed dated 9th August 2001 as
well as the subsequent two deeds dated 21st April,
2004 and 11th July 2006 are void ab initio with a
further direction to the Inspector General
(Registration) and the Sub-Registrar
(Registration) to record the cancellation of those
documents. This Writ Petition was dismissed by the
Division Bench of the High Court primarily on the
ground that the appellant had already resorted to a
remedy (a dispute) before the appropriate Forum under
the Act of 1960, which was pending; and the
declaration, as sought, can be considered in those
proceedings after recording of the evidence and
production of other material to be relied on by the
parties therein. Accordingly, the High Court held
that since an alternative remedy before a
competent Forum was available and was pending
between the parties, it was not feasible to invoke
the writ jurisdiction under Article 226 of the
Constitution of India. Indeed, the High Court
adverted to the reported cases relied on by the
parties to buttress their stand. The High Court
took note of the decision of the Full Bench of the
Andhra Pradesh High Court in the case of Yanala
Malleshwari v. Ananthula Sayamma, 2007(5)
R.C.R.(Civil) 609 : AIR 2007 Andhra Pradesh 57
[FB] and the decision of Madras High Court in
E.R.Kalaivan v. Inspector General of Registration,
Chennai & Anr., AIR 2010 Madras 18. The High
Court held that the arguments of the appellant
deserve to be negatived in light of the majority
view of the Full Bench of Andhra Pradesh High
Court and that the dictum in the case before the
Madras High Court was distinguishable. The
High Court also referred to the decision of the
Karnataka High Court in M. Ramakrishna Reddy v.
Sub-Registrar, Bangalore, AIR 2000 Kar 46. In para
15 and 16, the High Court observed thus:
"15. In view of aforesaid discussion we are
of the view that after registration of the
extinguished deed or other documents by the
Sub-Registrar, if any application is moved by
any of the affected party of such document
stating that the same was not registered by
17
ISC-211
practicing the fraud with his right then Sub-
Registrar in the lack of any specific provision
in this regard could neither entertain nor
adjudicate such application under the
provisions of Section 17, 18 or 69 or some
other provisions of the Act. Section 69 of the
Act only confers the superintending power of
registration offices and to make rules to the
Inspector General respondent No.2. It does
not give any rights to cancel the earlier
registered documents or modifying any
entries in the index or in other record at the
instance of any of party. So, Section 17(1)(b)
read with 69 of the Act is also not helping to
the petitioner in this writ petition.
Consequently, it is held that Sub-Registrar as
well as Inspector General have not committed any
fault in dismissing the application of the petitioner
with direction to approach the competent forum
for adjudication of his dispute.
16. Apart [from] the above the alleged dispute
and allegations of the alleged fraud could not be
adjudicated by this Court under the writ
jurisdiction. The same could be adjudicated by the
Civil Court under the common law after recording
the evidence of the parties and on appreciation of
the same in a duly constituted suit."
The High Court then adverted to the decision in
the case of Government of U.P. v. Raja Mohammad
Amir Ahmad Khan, AIR 1961 SC 787. It held that
since the Registering Officer registered the document
presented to him for registration, his function is
exhausted. He would then become functus officio and no
power to impound the document under Section 33 of the
Act. This decision of the High Court is the subject
matter of challenge in the present appeal.
7. When this appeal came up for hearing before
the Division Bench of the two learned Judges, as
aforesaid, His Lordship Justice Dipak Misra
found that the High Court did not commit any
error in dismissing the Writ Petition filed by the
appellant. His Lordship, however, adverted to all
the relevant provisions of the Act of 1908 and
also analysed the decision of the Full Bench of
the Andhra Pradesh High Court in Malleshwari's
case (supra) and also of the Madras High Court in
Kalaivan (supra) and of the Karnataka High Court
Law Animated World, 30 June 2017
ISC-212 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
in M.R. Reddy (supra). Finally, His Lordship
considered the decision of this Court in Thota
Ganga Laxmi (supra) and noted two aspects. That,
in that case, the Court had opined that a unilateral
cancellation deed cannot be registered with reference to
Rule 2(k)(i) of the Rules framed by the State of Andhra
Pradesh under Section 69 of the Act of 1908. His
Lordship was of the view that the dictum of the
Court in Thota Ganga Laxmi (supra) must be
considered in the context of a specific Rule
framed by the State of Andhra Pradesh, which
had come into force after the pronouncement by
the Full Bench in the case of Malleshwari (supra).
His Lordship then observed that the principle stated
in the case of Thota Ganga Laxmi (supra) cannot be
made applicable to the case on hand in absence of a
specific Rule in that regard in the State of Madhya
Pradesh. Further, on a careful reading of the
provisions of the Act of 1908, there is no
prohibition to register a document of cancellation of a
deed of extinguishment; and that the procedure under
Section 35 of that Act cannot be construed to confer a
quasi-judicial power on the Registering Authority. His
Lordship also referred to the decision of the
Madras High Court in Park View Enterprises v.
State of Tamil Nadu, AIR 1990 Madras 251 wherein
it has been observed that the function of the Sub-
Registrar for the purposes of registration is purely
administrative and not quasi-judicial. He cannot decide
whether a document which is executed by a person has
had title as is recited in the given instrument. His
Lordship found it difficult to agree with the general
principle stated in the case of Thota Ganga Laxmi
(supra) that the Registering Authority cannot register a
unilateral deed of cancellation or extinguishment, in
absence of any specific Rule in that behalf. Therefore,
His Lordship opined that the general observation in
that case required reconsideration by a larger Bench.
Having said this, His Lordship also noted that the
validity of the action taken by the Society in execution of
the extinguishment deed dated 9th August 2001,
cancelling the deed in favour of the appellant's mother
dated 22nd March 1962 was the subject matter of a
dispute filed by the appellant wherein all relevant issues
could be answered appropriately. For, that Authority
is competent to consider the validity of action of
the Society to unilaterally cancel the allotment of
the plot made in favour of the appellant's mother.
Law Animated World, 30 June 2017
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(2017) 1 LAW
His Lordship also adverted to the other
proceedings between the parties including the
order passed by this Court in SLP (Civil) No.
13255/2012 dated July 12, 2013, taking note of
the Inspection Reports submitted by the Sub-
Registrar dated 13th March 2007 mentioning that
two duplex were constructed and two more were
near completion standing on the subject plot on
the date of inspection. His Lordship also adverted
to the factum of compromise deed entered by the
appellant with the respondents and having received
consideration in that behalf from the subsequent
purchaser and yet the appellant was pursuing remedy
before the Sub-Registrar for cancellation of the
Extinguishment Deed.
8. His Lordship Justice V. Gopala Gowda, however,
formulated a question in para 12 of the judgment as to
whether the appellant was entitled to seek relief of
cancellation of the registered documents dated 9th
August 2001, 21st April 2004 and 11th July 2006,
registered in respect of the immovable property in
question. His Lordship, inter-alia, following the
exposition in Thota Ganga Laxmi (supra) found
that the Registrar could not have permitted registration
of Extinguishment Deed dated 9th August 2001,
unilaterally cancelling the allotment of the subject plot
made to the appellant's mother. His Lordship held
that the Extinguishment Deed was a nullity, in law. His
Lordship then considered the dictum in Kalaivan's
case of the Madras High Court and opined that it
aptly applied to the facts of the present case and
held that as the Extinguishment Deed was unilaterally
registered it ought to be rescinded. His Lordship
proceeded to examine the issue in the light of Section 62
of the Indian Contract Act, 1872. It provides that if
the parties to a contract agree to substitute a new
contract for it, or to rescind or alter, the original
contract need not be performed. Thus, for any
novation, rescission and alteration of the contract, it can
be made only bilaterally and with amicable consent of
both the parties. His Lordship then adverted to the
scope of Clause 43(1) of the Bye-laws of the
Society as amended in the year 1991 and opined
that the said Clause can have no retrospective
effect for cancellation of the allotment of the plot
in the name of appellant's mother vide
Extinguishment Deed dated 9th August 2001. The
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
latter is only a subterfuge. Reference is then made
to Section 31 of the Specific Relief Act, 1963 to hold that
unilateral cancellation of the deed would be in violation
of the said provision read with Article 59 of the
Limitation Act, 1963, which requires cancellation of
any instrument within 3 years. In the present case,
the deed in favour of the appellant's mother was
executed on 22nd March 1962 and registered on
30th March 1962 concerning the subject plot; and
for which reason extinguishment of the said deed after
lapse of 39 years was impermissible in law. On this
finding, it has been held that the Sub-Registrar had
no authority under the Act of 1908 nor by virtue of
Section 31 of the Specific Relief Act, 1963 read with
Article 59 of the Limitation Act, 1963 to unilaterally
cancel the said deed; and consequently, registration of
the Extinguishment Deed by the Sub-Registrar amounts
to playing fraud on the power vested in the Authority
under law. Exercise of power of registering a
document by the Sub-Registrar, in the present
case, was ultra vires the relevant provisions and
the Constitution of India. Reference is then made
to the decision of the Constitution Bench of this
Court in Pratap Singh v. State of Punjab, AIR 1964
SC 72 to hold that the respondent-Society had no
authority to re-allot the subject plot to respondent No.5
by cancelling the registered deed which has become
absolute and been acted upon by the parties. As a
consequence of this conclusion, His Lordship
held that the deed executed in favour of
respondent No. 5 or for that matter respondent
Nos. 6 and 7 was also void ab initio; and also
because respondent No. 5 could not be allotted
the subject plot as her husband was already
allotted another plot by the same Society. His
Lordship then went on to observe that the appellant
has got a valid Constitutional right over the said plot of
land as guaranteed under Article 300A of the
Constitution of India and could not be deprived of that
property without authority of law. His Lordship was
of the view that merely because the Extinguishment
Deed could be challenged by approaching the Civil
Court cannot denude the appellant of the relief, as
sought in the Writ Petition, qua the Extinguishment
Deed dated 9th August 2001 which was void ab initio;
and for the same reason order could be passed against
respondent Nos. 5 to 7 - as the deeds in their favour rested
19
ISC-213
on the Extinguishment Deed. For that, His Lordship
adverted to the dictum in the case of Arunachalam
v. P.S.R.Sadhanantham & Anr., (1979) 2 SCC
297 and Ganga Kumar Shrivastav v. State of Bihar,
2005 (3) R.C.R. (Criminal) 707: (2005) 6 SCC 211.
Further, having noticed that the septuagenarian
appellant had been litigating for last 14 years because
of the untenable action of the Society and also of the
Sub-Registrar, affecting his valuable Constitutional
right under Article 300A of the Constitution of India,
His Lordship was of the opinion that the relief claimed
by him in the Writ Petition deserved to be granted. As
regards the observation made by this Court
dismissing the Special Leave Petition
No.13255/2012 vide order dated 17th July 2013,
His Lordship held that the same will be of no
avail much less to denude the appellant of the
reliefs due to him. His Lordship then held that the
compromise executed by the appellant on 6th July 2004
also cannot denude the appellant of the relief - because
it is an admitted position that the respondent No. 5
through Advocate had sent a legal notice dated 12th July
2007 to rescind the said agreement and called upon the
appellant to refund the amount of L 6.50 Lakh received
by him with interest. His Lordship also adverted to
the decisions of this Court in CAG v. K.S.
Jagannathan, (1986) 2 SCC 679; Andi Mukta
Sadguru Shree Muktajee Vandas Swami Suvarna
Jayanti Mahotsav Smarak Trust v. V.R. Rudani,
(1989) 2 SCC 691 and Hari Vishnu Kamath v. Ahmad
Ishaque, AIR 1955 SC 233 to hold that the High
Court failed to exercise its discretionary power which
has resulted in grave miscarriage of justice and
entailing in denial of the valuable right guaranteed
under Article 300A of the Constitution of India to the
appellant. Accordingly, His Lordship held that the
impugned judgment of the Division Bench of the High
Court as well as the impugned instruments i.e.
Extinguishment Deed dated 9th August 2001 and the
subsequent deeds dated 21st April, 2004 and 11th July
2006 respectively, are quashed and set aside. Further
direction is given to respondent Nos. 6 and 7 to vacate
the subject property and hand over possession thereof
to the appellant forthwith. His Lordship was of the
view that the appellant was entitled to further relief of
compensation amount of L 10,00,000/- (Rupees Ten
Lakhs) to be paid to the appellant for his suffering and
the injustice caused to him by the respondents for the
last 14 years.
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ISC-214 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
9. The appellant appeared in person. He adopted
the view taken by His Lordship Justice V. Gopala
Gowda as his argument. He placed reliance on
the decisions noted herein above and adverted to
in the two separate judgments given by Their
Lordships. In substance, his argument was that
the respondent-Society could not have
unilaterally executed the Extinguishment Deed
dated 9th August 2001 in relation to the subject
plot. That action of the respondent-Society was in
violation of the governing laws and void ab initio.
Further, the Sub-Registrar had no authority to
register such a document and in any case
unilaterally. Hence, the act of registration of
Extinguishment Deed was also void ab initio. As a
consequence, the Society had no authority, in
law, to execute the subsequent deed in favour of
respondent No. 5 or to put her in possession of
the subject plot and the respondent No. 5 in turn
could not have executed the deed in favour of
respondent Nos. 6 and 7. In other words, the deeds
executed between the respondent No. 4 - Society and
respondent No. 5 and also respondent Nos. 6 and 7 were
void ab initio. That declaration must follow and the
High Court was duty bound to allow the Writ Petition
filed by him, as the action of the respondent No.4-
Society was replete with fraud on the Statute and also
on the Constitutional right guaranteed to the appellant.
In all fairness to the appellant, it must be
mentioned that he has additionally relied on Suo
Motu Proceedings against R. Karuppan, Advocate,
2001(2) S.C.T. 1097 : (2001) 5 SCC
289; R.S.Maddanappa (D) by LRs. v. Chandramma
& Anr., AIR 1965 SC 1812; Rattan Chand Hira
Chand v. Askar Nawaj Jung (D) by Lrs. & Ors.,
(1991) 3 SCC 67; Central Inland Water Transport
Corporation Ltd. & Anr. v. Brojo Nath Ganguly &
Anr., AIR 1986 SC 1571; Indian Council for Enviro-
Legal Action v. Union of India & Ors., 2011(3)
R.C.R.(Civil) 779 : 2011(4) Recent Apex Judgments
(R.A.J.) 202 : (2011) 8 SCC 161; Trishala Jain & Anr.
v. State of Uttaranchal & Anr., 2011(2) R.C.R.(Civil)
947 : 2011(3) Recent Apex Judgments (R.A.J.) 170 :
(2011) 6 SCC 47; Hamza Haji v. State of Kerala &
Anr., (2006) 7 SCC 416 and S.P. Chengalvaraya
Naidu (D) By LRs. v. Jagannath (D) by Lrs. & Ors.,
AIR 1994 SC 853 during the arguments. Besides the
Law Animated World, 30 June 2017
20
(2017) 1 LAW
oral arguments, the appellant has filed written
submissions on 11th July 2016 and additional
written submissions on 12th August 2016 which
make reference to several reported cases. The
decisions referred to in the written submissions
are essentially multiplying the cases on the contention
already answered in favour of the appellant by His
Lordship Justice V.Gopala Gowda.
10. The respondents, on the other hand, contend that
the Writ Petition has been justly rejected by the High
Court on the ground that the appellant was pursuing
remedy for the same reliefs in substantive proceedings
by way of a dispute filed under Section 64 of the Act of
1960 before the competent Forum. Besides the said
proceedings, it was open to the appellant to take
recourse to other appropriate remedy before the Civil
Court, to the extent necessary. The High Court in
exercise of powers under Article 226 of the
Constitution of India not only exercises an
equitable jurisdiction but also an extraordinary
jurisdiction. The High Court in any case is not
expected to enter upon the plea of declaring agreements
and documents executed between private parties as
illegal or for that matter void ab initio, which remedy is
available before the cooperative Forum or the Civil
Court. It was contended that if this contention is
accepted, it may not be necessary to answer the
other issue noted in the judgment of Justice Dipak
Misra as the same can be considered in an
appropriate proceedings, if and when the
occasion arises. Alternatively, it was contended
that the dictum of this Court in Thota Ganga Laxmi's
case (supra) must be understood as applicable to the
express procedure prescribed for registration of an
Extinguishment Deed or cancellation deed in the State
of Andhra Pradesh in terms of statutory Rules.
Inasmuch as, in absence of any express provision
about the procedure for registration of such document,
that requirement cannot be considered as mandatory.
For, it is not possible to hold that no
Extinguishment or cancellation deed can ever be
executed by the party to the earlier concluded
contract, considering the express provision in that
behalf in Section 17(1)(b) of the Act of 1908 read
with other enabling provisions in the same Act or
other substantive law. According to the
respondents, the questions posed in the judgment of
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
Justice V. Gopala Gowda would be relevant and can be
conveniently answered in the substantive proceedings
already resorted to by the appellant, by way of a dispute
under Section 64 of the Act of 1960. The answer to the
said questions may require adjudication of
disputed facts and also application of settled legal
position. It is not a pure question of law. Being
disputed question of facts, the High Court was right in
refusing to interfere and exercise its writ jurisdiction.
11. The counsel for the State in particular
submitted that the legal position is well-settled. That,
the Sub-Registrar is not expected to decide the title or
rights of the parties to the agreement nor is expected to
examine the document to ascertain whether the same is
legal and permissible in law or undertake an analytical
analysis thereof. If the document registered by the
Sub-Registrar is illegal or there is any
irregularity, that must be challenged by invoking
an appropriate proceedings before a Court of
competent jurisdiction. If any cause of action
accrues to a member of the Society, in relation to
the business of the Society, can be pursued before
the cooperative Forum. The appellant has already
invoked such remedy.
12. The respondent Nos. 6 and 7 additionally
submit that they are purchasers of the subject plot
for consideration. They have acted to their
detriment in good faith by going ahead with the
construction on the plot with the permission of
the Society and after obtaining approvals from
the Municipal Authorities. They have spent their
fortune in doing so. Besides supporting the stand
taken by the other respondents, they submit that
in the fact situation of the present case no relief in
equity is warranted in favour of the appellant. Thus,
the Writ Petition filed by the appellant has been justly
dismissed with liberty to pursue appropriate remedy.
13. Having considered the rival submissions,
including keeping in mind the view taken by the
two learned Judges of this Court on the matters in
issue, in our opinion, the questions to be
answered by us in the fact situation of the present
case, can be formulated as under:
"(a) Whether in the fact situation of the present
case, the High Court was justified in
dismissing the Writ Petition?
21
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(b) Whether the High Court in exercise of writ
jurisdiction under Article 226 of the
Constitution of India is duty bound to
declare the registered Deeds (between the
private parties) as void ab initio and to
cancel the same, especially when the
aggrieved party (appellant) has already
resorted to an alternative efficacious
remedy under Section 64 of the Act of
1960 before the competent Forum whilst
questioning the action of the Society in
cancelling the allotment of the subject plot
in favour of the original allottee and
unilateral execution of an Extinguishment
Deed for that purpose?
(c) Even if the High Court is endowed with a
wide power including to examine the
validity of the registered Extinguishment
Deed and the subsequent registered deeds,
should it foreclose the issues which
involve disputed questions of fact and
germane for adjudication by the competent
Forum under the Act of 1960?
(d) Whether the Sub-Registrar (Registration)
has authority to cancel the registration of
any document including an Extinguishment
Deed after it is registered? Similarly,
whether the Inspector General
(Registration) can cancel the registration
of Extinguishment Deed in exercise of
powers under Section 69 of the Act of
1908?
(e) Whether the Sub-Registrar (Registration)
had no authority to register the
Extinguishment Deed dated 9th August
2001, unilaterally presented by the
Respondent Society for registration?
(f) Whether the dictum in the case of Thota
Ganga Laxmi (supra) is with reference to
the express statutory Rule framed by the
State of Andhra Prade or is a general
proposition of law applicable even to the
State of Madhya Pradesh, in absence of an
express provision in that regard?"
Law Animated World, 30 June 2017
ISC-216 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
Regarding Issue Nos. (a) to (c):
14. The answer to the first three questions will
have to be given in the backdrop of the factual
matrix of the present case. Indisputably, the
appellant entered into a compromise deed and
accepted the consideration amount of L 6.50
Lakh. Despite that, he chose to file a dispute
under Section 64 of the Act of 1960 before the
Deputy Registrar, Cooperative Societies
challenging the action of the Society in
unilaterally executing and causing registration of
the subject Extinguishment Deed dated 9th August
2001 and also the allotment of the subject plot to
third party. Pending that dispute, he filed an
application before the Sub-Registrar
(Registration) for the same relief of cancellation
of registration of the Extinguishment Deed and
the subsequent deeds in favour of third parties. In
addition, the appellant resorted to criminal
complaint with reference to the same
Extinguishment Deed and the subsequent deeds
in favour of third parties. In this backdrop, the
High Court declined to entertain the Writ Petition
filed by the appellant, which was essentially to
challenge the same Extinguishment Deed and
subsequent deeds. It is a well established position
that the remedy of Writ under Article 226 of the
Constitution of India is extra-ordinary and
discretionary. In exercise of writ jurisdiction, the High
Court cannot be oblivious to the conduct of the party
invoking that remedy. The fact that the party may
have several remedies for the same cause of action, he
must elect his remedy and cannot be permitted to
indulge in multiplicity of actions. The exercise of
discretion to issue a writ is a matter of granting
equitable relief. It is a remedy in equity. In the present
case, the High Court declined to interfere at the
instance of the appellant having noticed the above
clinching facts. No fault can be found with the
approach of the High Court in refusing to exercise its
writ jurisdiction because of the conduct of the appellant
in pursuing multiple proceedings for the same relief and
also because the appellant had an alternative and
efficacious statutory remedy to which he has already
resorted to. This view of the High Court has found
favour with Justice Dipak Misra. We respectfully agree
with that view.
Law Animated World, 30 June 2017
22
(2017) 1 LAW
15. The other view of Justice V. Gopala Gowda,
however, is that it was the duty of the High Court to
answer the matters in issue because of the unilateral
registration of the Extinguishment Deed by the Society
without authority and a nullity. Ordinarily, if the
party had not resorted to any other remedy provided by
law and had straightway approached the High Court to
question the action of the statutory Authority of
registering a document improperly and in particular in
disregard of the prescribed procedure, that would stand
on a different footing. In the present case, however,
the appellant not only entered into a compromise deed
with the Society and the subsequent purchaser but also
resorted to statutory remedy. Having entered into a
compromise deed, it is doubtful whether the appellant
can be heard to complain about the irregularity in the
registration of the Extinguishment Deed, if any. It is
noticed that the appellant has not disputed the
execution of the compromise deed, nor has he
paid any heed to the notice given by the other
party to refund the amount accepted by him in
furtherance of the compromise deed. No Court can
be party to a speculative litigation much less the High
Court in exercise of writ jurisdiction. Having said this
it must necessarily follow that the Writ Petition
filed by the appellant deserved to be dismissed, as
was rightly dismissed by the High Court.
16. As the Writ Petition is liable to be dismissed with
liberty to the appellant to pursue other statutory
remedy already invoked by him, examining any other
contention at his instance would be awarding premium
to a litigant who does not deserve such indulgence. The
fact whether the compromise deed entered into by
the appellant was voluntary and at his own
volition or under duress, is essentially a question
of fact. That cannot be adjudicated in writ
jurisdiction. Depending on the answer thereto, the
other issues may become relevant and would
arise for consideration. The only relief that can be
granted and which has already been clarified by the
High Court in the impugned judgment, is to keep all
questions open to enable the appellant to pursue the
statutory remedy already invoked by him. It is open to
the appellant to contend in those proceedings that
the Extinguishment Deed could not have been
unilaterally executed by the Society. That plea
can be examined by the statutory Forum provided
for that purpose. The decision of the Society to
(Go to p. 71)
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
(2017) 1 LAW F-233 (SC-Jap)
SUPREME COURT OF JAPAN
AT TOKYO
Second Appeal to the Supreme Court
Case on surveillance of Japans Muslims
Date of Decision: Monday, 31 May 2016
Citation: (2017) 1 LAW F-233 [Notes only]
***
JAPAN , 28 JUNE 2016
TOP COURT GREEN-LIGHTS
SURVEILLANCE OF JAPAN'S MUSLIMS
Legal challenge to police profiling of
North Asian country's Islamic population
dismissed by Supreme Court.
Tokyo, Japan Mohamed Fujita used to host
religious study groups at his home that were open to
all Muslims. But today he's afraid to invite
strangers, in case they're police informants.
Extensive surveillance has put many people of
his faith on edge, he says, sowing mistrust.
A native of Japan who converted to Islam more
than two decades ago, Fujita was one of 17
plaintiffs in a lawsuit that challenged blanket
monitoring of the country's followers of Islam. His
name has been changed in this story to protect his
identity, after police documents labelling him a
possible security threat were leaked online.
"They made us terrorist suspects," he says. "We
never did anything wrong - on the contrary."
Fujita's wife first noticed the couple was being
followed by law enforcement in the early 2000s. He
says he would go out of his way to cooperate with
officers when they would occasionally approach
him. But they eventually asked that he report on
other members of his mosque and he refused.
Courtesy: http://www.aljazeera.com/; In spite of our best
efforts, we could not get the referred Supreme Court
judgment anywhere. So we are only giving the extensive
coverage by Al Zajeera regarding this decision and also as
the judgment in toto confirmed the lower court judgment,
the provisional translation text of the lower court judgment,
though it is unusual for us to do so normally. Courtesy:
http://k-bengodan.jugem.jp; Emphases in bold ours - IMS.
23
F-233
Then came the leak in 2010 of 114 police files,
which revealed religious profiling of Muslims
across Japan. The documents included resum-like
pages listing a host of personal information,
including an individual's name, physical
description, personal relationships and the mosque
they attended, along with a section titled
"suspicions".
The files also showed by the time the 2008 G8
summit was held in Hokkaido, northern Japan, at
least 72,000 residents from Organisation of Islamic
Conference countries had been profiled - including
about 1,600 public school students in and around
Tokyo.
Police in the capital had also been surveilling
places of worship, halal restaurants, and "Islam-
related" organisations, the documents showed.
Within a few weeks of the leak, the data had
been downloaded from a file-sharing website more
than 10,000 times in more than 20 countries.
Fujita and the other plaintiffs, many of whom
were originally from Middle Eastern or North
African countries, sued in the hope the courts would
deem the police practices illegal. Their lawyers said
police had violated their constitutional rights to
privacy, equal treatment, and religious freedom.
After two appeals, the Supreme Court dismissed
the case on May 31.
The justices concurred with a lower court that
the plaintiffs deserved a total of 90 million
($880,000) in compensation because the leak
violated their privacy. But they did not weigh in on
the police profiling or surveillance practices, which
a lower court ruling had upheld as "necessary and
inevitable" to guard against the threat of
international terrorism.
"We were told we don't have a constitutional
case," says Junko Hayashi, a lawyer for the
plaintiffs. "We're still trying to figure out, how is it
not constitutional?"
Law enforcement mostly ignored the case. One
of the few public statements they made came at a
United Nations human rights committee hearing on
the matter in 2014. An official from the National
Police Agency said "details of information-
gathering activities to prevent future terrorism could
Law Animated World, 30 June 2017
F-234 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
not be disclosed", but that "police collected
information according to the law", according to UN
records.
Some have defended the surveillance of
Muslims, including Naofumi Miyasaka, a professor
at the National Defense Academy of Japan. He
describes the data leak as "the biggest failure in the
history of Japan's counterterrorism" because it
would have hurt the ability of law enforcement to
gather intelligence on potential threats through
"mutual trust and cooperation between police and
informants".
The Supreme Court decision generated few
headlines and little public debate in Japan. Local
media outlets had covered the legal proceedings by
focusing on the leak of information, tiptoeing
around the police surveillance issue.
The most prominent public figure to comment on the
Supreme Court decision was NSA whistleblower Edward
Snowden, who spoke via video linkup at a symposium
on government surveillance in Tokyo on June 4.
"People of the Islamic faith are more likely to be
targeted ... despite not having any criminal activities or
associations or anything like that in their background,
simply because people are afraid," said Snowden, who
once worked in western Tokyo at a liaison facility
between American and Japanese intelligence
services.
"But in Japan, let's look seriously at that. The
Aum Shinrikyo was the last significant terrorist event in
Japan, and that was over 20 years ago," he added,
referring to the 1995 sarin gas attack on a Tokyo
subway that killed 13 people and injured 6,000
others. "This wasn't a fundamental Islamic extremist
group, this was a crazy doomsday cult that wanted to
make their founder the new emperor of Japan."
Other observers have also questioned whether
monitoring a particular religious group en masse is
an effective counterterrorism strategy.
"Germany had a similar programme, and they
investigated and maintained files on 30,000
Muslims in Germany and didn't find, apparently, a
single terrorist among them," says Jeff Kingston,
director of Asian studies at Temple University in
Tokyo. "So it's not clear that this indiscriminate
surveillance is useful."
Law Animated World, 30 June 2017
24
(2017) 1 LAW
Hiroshi Miyashita, a law professor at Chuo
University who's an expert on privacy issues, says
he believes the lawsuit was the first major legal
case in Japan to focus on mass surveillance.
However, he adds that a state secrets law that came
into force in 2014 would shield the issue from
scrutiny by the public and the courts in future.
"Even judges cannot access information" about
police practices under the new law, he says.
The Tokyo Metropolitan Police and the National
Police Agency declined a request to comment on
the court decision, and would not confirm whether
they continue to profile and monitor Japan's Muslim
community.
But the plaintiffs' lawyer, Hayashi, who is
Muslim, says she believes the surveillance has only
intensified.
"It's a really, really difficult thing to deal with,
especially for the kids growing up here," she adds,
"The police have been dealing with them as future
terrorists."
While the lawsuit wasn't successful, Fujita says
he has learned from the experience. To him, the top
court's unwillingness to weigh their constitutional
arguments shows that Japan's judiciary isn't an
independent branch of government.
And years after the police surveillance came to
light, he says it continues to rob many Muslims of a sense
of trust, which he describes as "the foundation of
human relationships".
***
Japan's top court has approved blanket
surveillance of the country's Muslims
'They made us terrorist suspects, we never did
anything wrong,' says Japanese Muslim,
Mohammed Fujita - http://www.independent.co.uk/
news/world/asia/muslims-japan-government-surveillance-
top-court-green-lit-islamaphobia-a7109761.html - Japan's
Supreme Court has upheld the government's
blanket surveillance of the country's Muslim
community. [from coverage by Independent, UK, basing on the
above AlJazeera article]
*****
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
APPENDIX 10:
Translation of the Tokyo District Courts
Judgment on January 15, 2014
Country of jurisdiction: Japan
Court: Tokyo District Court
Division: Civil 41st Division
Judge: Masamitsu Shiseki (Presiding Judge)
Soichiro Shindo
Humiyasu Miyasaki
Date of Judgment: 15 January 2014
Case Number: Heisei 23 (2011) Wa (Civil Case)
No.15750, Heisei 23 (2011) Wa (Civil Case)
No.32072 and Heisei 24 (2012) Wa (Civil Case)
No.3266
JUDGMENT
Main Text
1. The defendant Tokyo metropolitan government
shall pay to each plaintiff, with the exception of
plaintiff 4, money in the amount of 5.5 million
yen as well as money accruing therefrom at an
annual interest rate of 5% during a period starting
from 26 July 2011 up to a date when the payment
will be completed.
2. The defendant Tokyo metropolitan government
shall pay to plaintiff 4 money in the amount of
2.2 million yen as well as money accruing
therefrom at an annual interest rate of 5% during
a period starting from 26 July 2011 up to a date
when the payment will be completed.
3. The plaintiffs other claims against the
defendant Tokyo metropolitan government, as
well as their claim against the defendant Japanese
government, are dismissed.
4. The defendant Tokyo metropolitan government
shall pay half of the plaintiffs court costs and
half of the defendant Tokyo metropolitan
governments court costs, and the plaintiffs shall
pay the remainder of the court costs incurred by
the plaintiffs and the defendant Tokyo
metropolitan government, as well as the
defendant Japanese governments court costs.
5. Only the preceding paragraphs 1 and 2 can be
provisionally executed in the present judgment.
25
F-235
Facts and Reasons
I. Claims
The defendants shall jointly pay to each plaintiff
11 million yen as well as money accruing
therefrom at an annual interest rate of 5% during
a period starting from 26 July 2011 up to a date
when the payment will be completed.
II. Outline of the Facts
1. In this case, the plaintiffs, who are Muslims,
submitted that The Metropolitan Police
Department (MPD), as well as the National
Police Agency (NPA) and the National Public
Safety Commission (NPSC): (i) encroached upon
the plaintiffs constitutional rights including the
freedom of religion through the surveillance of
mosques etc., as well as collecting, storing and
using personal information in a manner that
violates the Protection of Personal Information
Held by Administrative Agencies Act (hereinafter
referred to as the Protection Act) as well as the
Tokyo Metropolitan Ordinance for the Protection
of Personal Information (hereinafter referred to as
the Protection Ordinance); and (ii) subsequently,
by breaching their duty of care etc. in information
management, allowed the personal information to
leak onto the Internet, and furthermore failed to
take appropriate measures to mitigate the
damage; both of which are illegal for the
purposes of the State Compensation Act.
The plaintiffs claimed damages of 11 million yen
each, as well as money accruing therefrom at an
annual interest rate of 5% during a period starting
from 26 July 2011, the day after service, up to a
date when the payment will be completed, against
the defendant Tokyo metropolitan government,
the entity liable for the Metropolitan Police
Department, as well as the defendant Japanese
government, the entity liable for the National
Police Agency and the National Public Safety
Commission.
2. UNDISPUTED FACTS (facts that are not in
dispute between the parties, or readily follow the
attached evidence or the pleadings in their
entirety)
Law Animated World, 30 June 2017
F-236 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
(1) THE PLAINTIFFS
The plaintiffs are all Muslims, and their
nationalities are as follows:
Plaintiffs : Japan;
Plaintiffs : The Republic of Tunisia (hereinafter
Tunisia);
Plaintiffs : The Democratic Peoples Republic of
Algeria (hereinafter Algeria);
Plaintiffs : The Kingdom of Morocco (hereinafter
Morocco);
Plaintiff : The Islamic Republic of Iran
(hereinafter Iran).
(2) Occurrence of the Leak Incident
On or around 28 October 2010, 114 articles of
data (1 through 114 in Exhibit A-1, hereinafter
referred to as the Data) were posted on the
Internet through the file exchange software
Winny (Exhibits A-2 and A-3. Hereinafter this
incident is referred to as the the Leak Incident.)
As of 25 November 2010, the Data had been
downloaded onto more than 10,000 computers in
over 20 countries and regions (Exhibit A-5).
(3) Summary of the Plaintiffs Descriptions
in the Data
In addition to numerous data regarding
countermeasures against international terrorism,
including a document marked Outline for
Reinforcing Reality Assessments dated 10
September 2007, the Data contained A4- sized
pages resembling rsums (hereinafter referred to
as the Rsum-like Page) with the nationality,
birthplace, name, gender, date of birth (age),
current address, place of employment and vehicle
for each of the plaintiffs (with the exception of
plaintiffs 1, 4, 13 and 17) and others. It also
included information such as their date of entry,
passport number and issue date, residence status,
address at home country, duration of residence,
registry date, municipality of residence and
registration number (only the passport number,
issue date and duration of residence for plaintiff
2) listed under the heading Entry and Residence
Related; their history regarding residence
Law Animated World, 30 June 2017
26
(2017) 1 LAW
address, schooling and employment in Japan
under History of Addresses, Schooling and
Employment; as well as e.g. height, build, and
the presence or absence of hair, beard, or
eyeglasses under Physical Characteristics;
names, dates of birth, employers and addresses of
family members, except for one individual
outside this suit, under Familial Relationships
and Acquaintances; and for some, the type, date
obtained and number for their licenses under
Licenses; date of arrest, offence, station of
arrest and outcome under Criminal Information;
as well as sections titled Suspicions, Response
Status and Policy, Affiliated Organisations,
Status, Positions and Roles etc., Comings and
Going at Mosques, Visited and Frequented
Locations, Summary of Behavioural Patterns,
of which Suspicions and Response and
Policy were recorded for all individuals, but
other sections recorded for only some individuals,
and with a profile picture attached (11(1) and
(20), 1 (12) of Exhibit A-1).
Plaintiff 1s name, date of birth, employer and
address was noted as the husband of plaintiff 2
under the Familial Relationships and
Acquaintances section of the latters Rsum-
like Page, and plaintiff 4s name, date of birth
and address was entered as the wife of plaintiff 3
under the same section of plaintiff 3s Rsum-
like Page (11(5) and (14) of Exhibit A-1).
Although a Rsum-like Page for plaintiff 17 does
not exist in the Data, the plaintiffs nationality,
name, date of birth, passport number, residence
status, employer and its address, place of birth,
address at home country, address in Japan,
mobile and home telephone numbers, family,
entry and departure history in Japan and accessed
mosqueswere recorded as 1 Particulars of
Identity, together with a specific and detailed
account of exchanges and friendship with a
particular Muslim individual under 2
Information on Suspicions (the document with
the headings 1 Particulars of Identity and 2
Information on Suspicions is hereinafter referred
to as the Identity and Suspicions Page).
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
Furthermore, although the Data did not include
a Rsum-like Page or Identity and Suspicions
Page for plaintiff 13, the surname of Plaintiff 13
appears under the Suspicions section on the
Rsum-like Pages of plaintiffs 2, 3, 5, 7, 9, 11,
14 and 15 (11(3)-(5), (10), (11), (14), (15), (19)
of Exhibit A-1) as well as under the heading 2
Information on Suspicions in plaintiff 17s
Identity and Suspicions Page (the plaintiffs
personal information contained in the Data are
hereinafter referred to as the Personal Data).
(4) INVESTIGATION OF THE LEAK INCIDENT
On 29 October 2010, the National Police
Agency and the Metropolitan Police Department
recognized the Leak Incident and commenced
investigations. The National Police Agency
compiled interim findings etc. in December of
that year, publishing a document titled
Regarding Interim Findings Etc. on the Case of
Data about Countermeasures against International
Terrorism Posted on the Internet (Exhibit A-2),
and on the 24th of that month the Metropolitan
Police Department published a document titled
Regarding the Case of Data about Counter-
measures against International Terrorism Posted
on the Internet (Exhibit A-3), comprising a
summary of investigations thus far, etc. Each
document mentions an acknowledgement of the
fact that the Data contains information with a
high probability of having been handled by a
member of the police force, but does not disclose
specifics of how the Data was removed. Despite
continued investigation by the police regarding
the circumstances surrounding the posting of the
Data, the details have not been revealed to this
day (facts in the public knowledge).
3. ISSUES AND ARGUMENTS FROM THE PARTIES
(translation omitted)
III JUDGMENT OF THIS COURT
(1) On Issue 1
(1) Regarding the Manner of Collection etc. of the Data
A) Taking into consideration (4) of the
Undisputed Facts, the evidence (1 through 114, 2,
3 and 6 (1) of Exhibit A-1), and the pleadings in
27
F-237
their entirety, it can be found that each of the
documents that were the bases of the Data was in the
possession of the Third Foreign Affairs Division [of the
MPD].
B) Taking into consideration the Undisputed
Facts, attached evidence and the pleadings in
their entirety, the following facts can be found as
the specific content of the Data.
a) A Rsum-like Page was created for the
plaintiffs with the exception of A-C and 17,
listing the items in (3) of the Undisputed Facts,
including personal information on each of the
plaintiffs including Comings and Goings at
Mosques (save for plaintiff 12, whose comings
and goings at mosques were not observed). As for
the specific content of Comings and Goings at
Mosques, most individuals only had the name of
the mosque they attend recorded, but it is stated
that plaintiff 2 instructs women and children in
recitation of the Quran at Mosque D; plaintiff E
participated in Friday prayers at Mosque F;
and plaintiff G partook in Friday prayers
and Saturday Arabic lessons at Mosque H,
respectively, and these 3 plaintiffs are noted as taking
part in religious ceremonies or instructional activities
(11(2)-(5), (9)-(11), (14), (15), (18)-(20), and
1(12) of Exhibit A-1). Notice has also been taken
of many of the above plaintiffs regarding friendly
relations etc. with a particular Muslim, in the
Suspicions section of their Rsum-like Pages.
b) Regarding Plaintiff 17, although no Rsum-
like Page exists in the Data, an Identity and
Suspicions Page was created as per the
Undisputed Facts (3). J is noted under the sub-
heading Mosque Accessed in the 1 Particulars
of Identity. While Identity and Suspicions Pages
were created not only for plaintiff 17 but also all
plaintiffs other than 1, 4, 13 and 16, entries under
its sub-heading Mosque Accessed did not differ
significantly from entries under Comings and
Goings at Mosques on the Rsum-like Pages.
The Information on Suspicions section, in
contrast, contains content that specifies and
details the information under the Suspicions
section on the Rsum-like Page. For example,
Law Animated World, 30 June 2017
F-238 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
regarding plaintiff 2, as well as the fact that she
herself instructs women and children on recitation
of the Quran, it is noted that plaintiff 1, her
husband, holds a lecturer-like position at the
mosque, is highly reputable as a Islamic lecturer,
and consistently participates in workshops, special
prayers, sermons etc., passionately engaging in
missionary activities as a couple (15-18, 20, 21, 24-
26, 29-31 of Exhibit A-1).
c) The fact that plaintiff 13s surname appears in
the Suspicions section of the Rsum-like Page
for plaintiffs 2, 3, 5, 7, 9, 11, 14 and 15, as well
as under the 2 Information on Suspicions sub-
section of plaintiff 17s Identity and Suspicions
Page, is as stated in (3) of the Undisputed Facts.
Of those, in the Suspicions section for plaintiffs
2, 3, 5, 9, 11, 14 and 15, it is noted to the effect
that they are or were acquaintances of plaintiff
13. In addition, on the Identity and Suspicions
Page (19 of Exhibit A-1) of a Muslim individual
outside this lawsuit, it is recorded as a result of
direct questioning that said individual was asked by
plaintiff 13 to deliver some cash, possibly terrorism
funds, that was collected by the said plaintiff and sent it
to another Muslim individual by hiding it inside an
electric rice cooker; as well as the plaintiffs statement
that despite Jihad obligations being waived due to heart
complications, I would go too, if needed; as well as
the name of plaintiff 13s wife and prefecture of
residence.
d) That plaintiff 1 is plaintiff 2s, and plaintiff 4 is
plaintiff 3s respective spouse, and that their
names, dates of birth and such were recorded in
the Familial Relationships and Acquaintances
section of plaintiffs 2 and 3s Rsum-like Pages,
is as stated in (3) of the Undisputed Facts. Also,
plaintiff 1, as per above (b), was noted for his
passionate missionary activities with his spouse
in the Identity and Suspicions Page of plaintiff 2.
e) Further, considering the fact that the Rsum-
like Pages created on the plaintiffs in above (a),
(with the exception of plaintiff 16), (11(2)-(5),
(9)-(11), (14), (15), (18)-(20) of Exhibit A-1),
display a document date of 7 November 2008,
and the Rsum-like Page created on plaintiff 16
Law Animated World, 30 June 2017
28
(2017) 1 LAW
(12 of Exhibit A-1) displays a document date of 2
October of the same year, and assuming that the
Identity and Suspicions Pages, which are included
in the Data just like the above Rsum-like Pages
and share commonalities in their headings, were
created around the same time, it can be found that
the information in both the Rsum-like Pages
and the Identity and Suspicions Pages were
collected before November 2008, approximately.
C) Next to be considered are the circumstances of
how each of the above information was obtained.
a) According to evidence (8 and 50 through 53 of
Exhibit A-1) and the pleadings in their entirety,
the Metropolitan Police Department was
engaging in efforts to assess the state of Islamic
communities at the risk of exploitation as terrorist
infrastructure by November 2005 at the latest,
said efforts being undertaken at locations such as
the Iranian Association, Arabic Islamic Institute,
Tokyo Camii, Shin-Okubo Mosque, Otsuka
Mosque, and Ikebukuro Mosque. The
Metropolitan Police Department, in order to
prevent international terrorism accompanying the
Hokkaido Lake Toya Summit held from 7 July
2008 to the 9th of that month, had, since 23 June
of that year, organised a Mosque Squad of 43
agents with the mission of detecting suspicious
activities of mosque attendants, designated K, L,
M, N, O, P, Q and R mosques as Mosques for
Inspection, and for each of those mosques,
stationed ground staff and behaviour-monitoring
personnel from roughly 8:30 am, until the end of
evening prayers at 7:30 pm, with the objective of
detecting and observing new arrivals and
suspicious individuals at the mosques. Of the
plaintiffs on whom Rsum-like Pages were
created (all plaintiffs with the exception of
plaintiffs 1, 4, 13 and 17), their Rsum-like
Pages, except for plaintiff 12, noted the name of
the mosque they frequented as well as
participation, if any, in religious ceremonies or
instructional activities under Comings and
Goings at Mosques, as found in the above B (a);
and the Identity and Suspicious Page created for
plaintiff 17 listed Mosque J as Mosque of
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
Attendance as found in the above B (b). In light
of these facts, it can be assumed that for the
plaintiffs, with the exception of plaintiff 12,
information regarding their comings and goings
at mosques and participation in religious
ceremonies or instructional activities were
collected by agents directly engaging in
assessment activities (the monitoring of the
plaintiffs regarding matters such as mosque access are
hereinafter referred to as Mosque Monitoring
Activities).
Furthermore, the Metropolitan Police Department
had been engaging in the collection of terrorism-related
information etc. in cooperation with relevant agencies
and businesses etc. (Exhibit C-1), and as it has been
found that some of the plaintiffs had themselves
been directly contacted or searched etc. (1, 2, 5,
7-9, 11, 13, 17 of Exhibit C-34), it can be
assumed that the remainder of the information
had been gathered through their receipt from
relevant agencies such as the Immigration Bureau
under the Ministry of Justice etc., or contacting
and searching the plaintiffs as above.
b) Incidentally, the plaintiffs allege that the
Metropolitan Police Department and the National
Police Agency had, as of 31 May 2008, assessed
and digitalised the personal information of
roughly 12,677 individuals equalling roughly
89% of the 14,254 foreign nationals from Muslim
countries registered in Tokyo, and later, by the
Hokkaido Toya Lake Summit convened July of
that year, had profiled roughly 72,000
individuals from OIC (Organisation of the
Islamic Conference) countries (assessment rate of
98%), assessed the attendance of 3639
individuals by continuous surveillance at
mosques, and conducted Information Gathering
Activities regarding the names, locations, and
financial situation etc. of Islamic-related
organisations etc. However, in this lawsuit, the issue
is simply whether or not the plaintiffs suffered damage
through the illegal exertion of public authority carried
out against them, so whatever information-gathering
activities that may have been conducted in relation to
Muslims and Islamic-related organisations other than
the plaintiffs cannot be said to influence the judgment in
this case.
29
F-239
In addition, the plaintiffs allege to the effect that
the Metropolitan Police Department (i) established
a relationship with 4 major automobile rental
dealerships headquartered in Tokyo whereby they
could receive user information without a referral
document and had that information submitted; (ii)
had hotels reinforce their retention of foreign
passport photocopies; (iii) acquired the history of
paycheck deposits for staff working at the Iranian
embassy, from Tokyo Mitsubishi Bank (currently
Mitsubishi Tokyo UFJ Bank); and (iv) obtained a
roster of foreign students from the administrators
at the Tokyo University of Agriculture and
Technology as well the University of Electro-
Communications, assessed the personal
information of students from Muslim countries,
and collected information on Muslims and
Islamic-related organisations etc. However, there
is inadequate evidence to find that the plaintiffs in this
case had their information acquired by the
Metropolitan Police Department through such methods.
c) Accordingly, it is fair to observe that the Data,
by and large, was gathered in the manner of
above (a).
D) On this point, the defendant Tokyo
metropolitan government argues to the effect that
the cause of action against said defendant is not
identified with sufficient specificity, as the plaintiffs
have not made individual and concrete arguments
on the question of what measures and methods
the Metropolitan Police Department officers
employed in collecting particular personal
information of the plaintiffs, instead alleging
unconstitutionality in the relationship between the
nationwide police forces, including the
Metropolitan Police Department, and all Muslims
including the plaintiffs. The defendant Japanese
government also argues to the effect that the
plaintiffs allegations are unfounded as it is unclear
what breach of official duty they are alleging.
Although it is true that the plaintiffs allegations
regarding the Information Gathering Activities
contain sections that question the relationship vis-
a-vis all Muslims including the plaintiffs, by
redrawing this in terms of a relationship with the
Law Animated World, 30 June 2017
F-240 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
plaintiffs, it can be understood that they are
arguing facts including the facts found and held
in above (c). Considering that it is an undeniable
fact that the plaintiffs personal information was
collected by police officers in one way or another, and
that it may well impose hardship upon the plaintiffs to
require precise identification of the measures and
methods through which personal information of each
individual plaintiff was gathered, the above degree
adequately identifies the cause of action. Therefore,
the defendants foregoing arguments cannot be
accepted.
(2) On whether the Information Gathering Activities
violate the plaintiffs freedom of religion under
the Constitution (Article 20, Clause 1)
A) In light of the fact that the essence of the
freedom of religion guaranteed under Article 20,
Clause 1 of the Constitution is to preclude
coercion by the State against sentiments and
actions of believing in the existence of
supernatural or superhuman beings and
worshipping them in awe, it can be understood
that prejudicial treatment in a legal or practical sense,
or the existence of restrictive elements such as coercion,
impediments or limitations, must be present in order to
be able to say that ones freedom of religion was
violated by the State. The Information Gathering
Activities in the manner of above (1) iii were
ultimately voluntary information gathering activities,
not in themselves subjecting individuals to prejudicial
treatment by reason of religious convictions, or
imposing coercion, impediments or limitations in a
religious way. On this point, the plaintiffs allege to
the effect that as the names of the plaintiffs
membership organisations and mosque of
attendance etc. were particularised on the
Rsum-like Pages, and as the objective
substance of the Information Gathering Activities
was to conjecture and identify individuals faith,
it thereby violated the freedom of religion.
However, setting aside the fact that the State and
public entities are banned from forcing
individuals to profess their faith or demand proof
of their faith, such as which religious organisation
they are affiliated with, the information-gathering
activities conducted to assess the plaintiffs
comings and goings at mosques merely involved
Law Animated World, 30 June 2017
30
(2017) 1 LAW
agents going to the mosques themselves and
recording the plaintiffs access from plainly
observable external acts. In light of this mode
taken by the Information Gathering Activities, it
in itself did not possess an effect of coercion etc.
against religion, as explained earlier. Therefore, it
cannot be said that such activities come under the
prohibition in relation to religious liberties. As a
premise of the above allegation, the plaintiffs
argue that the very attempt of State apparatuses to
covertly conjecture individuals faith is precluded
in relation to the freedom of religion, but as
explained below, the Information Gathering
Activities were not conducted with the aim to conjecture
individuals faith. Therefore, it must be said that the
plaintiffs argument is unfounded.
The plaintiffs further allege that the Information
Gathering Activities run the risk of labeling Islam as a
religion that is not tolerated by society, thereby greatly
prejudicing those who practice it. It is true that some
of the plaintiffs, because of the information leak,
were forced to resign from their occupation, or
suffered economic loss by reasons such as a
dramatic drop in sales at the stores they manage
(6, 9, 10, 13 and 16 of Exhibit A-34). However,
as these disadvantages were not due to the Information
Gathering Activities themselves but the information in
question leaking through the Incident, violations or
restrictions on religious liberties by the Information
Gathering Activities cannot be recognized based on the
above disadvantages.
The plaintiffs further argue that it is understandable
to hesitate from convening at the religious
institutions in question under the circumstances
of complete surveillance by the police, and that in
reality, as seen in documents created by the
police (51 of Exhibit A-1), the realisation that
they were surveillance targets in the security
measures etc. related to the Summit, which was
implemented as a part of the surveillance of
religious institutions, caused many Muslims to
decline from attending mosques, with the effect of
suppressing the prayers at the end of Ramadan, an
important religious duty in Islam.
However, the above police document indicated
by the plaintiffs (51 of Exhibit A-1) merely
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
reports that worshippers during the 2008
Ramadan period increased drastically in
comparison to the previous year, and that the
cause may be attributed to Muslims in Japan, who
had pulled back because of increased security in
Tokyo incidental to the series of security
measures related to the Hokkaido Toya Lake
Summit, newly participating in religious services,
in relief that no acts of terrorism in the name of
Islam occurred in Japan during the Summit
period. It does not note that worshippers during
the 2007 Ramadan period decreased due to police
surveillance activities at religious institutions.
Furthermore, the plaintiffs, at least in their
arguments, have not articulated the degree to
which they were aware of the Information
Gathering Activities, particularly the Mosque
Monitoring Activities. Moreover, their
testimonies do not adequately support their
cognisance of the Mosque Monitoring Activities.
Plaintiffs 3, 5, 8, 11, 15 and 17 have testified that
they saw police officers near the mosque they
attended, with some testifying that they observed
police officers entering the mosque.
However, with the exception of one plaintiff who
specified this as occurring after the Incident, the
timing is unclear, and it cannot be determined
whether they had noticed police officers before
the Incident (24 (3), (5), (8), (11), (15), (17) of
Exhibit A-3). While plaintiff 1 testifies of sensing
on numerous occasions an atmosphere of
surveillance at the S Institution, he has not
testified to knowledge of the fact that the
surveyors were police officers (34(1) of Exhibit
A-1). What is more, none of these plaintiffs have
testified of an actual chilling effect such as being
effectively forced to cancel their participation in
religious ceremonies at the mosques. As such, the
plaintiffs above arguments cannot be accepted.
B)
a) The plaintiffs allege that the Metropolitan Police
Department, by a comprehensive surveillance of
mosques targeting important religious ceremonies such
as Friday prayers and Ramadan, discouraged Muslims
from religious activities and suppressed attendance at
mosques, violating the purpose of the Religious
31
F-241
Corporations Act Article 84, which reflects Article 20 of
the Constitution, and amounting to oppression and
interference against the freedom of religion. However,
there are inadequate grounds to hold that the plaintiffs
were discouraged from religious activities or that
attendance at the mosques were suppressed due to the
Mosque Monitoring Activities, as recognised in Part i
above, so this argument by the plaintiffs cannot
be accepted either.
b) It cannot be denied that the timing of some
plaintiffs witnessing police officers around or
inside the mosques they attend may have
preceded the Incident. However, the plaintiffs are
alleging to the effect that because the Metropolitan
Police Department and the National Police Agency,
under the name of counterterrorism, collected
information exclusively on ordinary Muslims, the
Information Gathering Activities were not a necessary
gathering of information to prevent terrorist acts,
instead amounting to oppression and interference
against religious liberties. In view of the significance
of the freedom of religion as one of the
constitutionally guaranteed freedoms of spirit, the
court will also rule on this point for confirmation.
c) The Data contains expressions at various points
suggesting that it was created as a countermeasure
against international terrorism, such as entry to the
effect that the assessment of the current situation
surrounding persons from Muslim countries and
Muslims in Japan is promoted as counter-
measures against international terrorism (4 of
Exhibit A-1), and according to the attached
evidence as well as the pleadings in their entirety,
the following facts can be found in relation to
international terrorism.
i. In general, terrorism refers to acts such as the
killing and harming of humans with the aim to coerce
states etc. to accept etc. the specific cause or claim that
forms its basis, or to intimidate etc. society (Exhibit B-
3), and as of 31 July 2012, 49 organisations including
so-called radical Islamic groups such as Al Qaeda,
Hezbollah, Jemaah Islamiyah, and Lashkar-e Taiba,
were designated by the United States government as
foreign terrorist organisations that threaten the security
of the American people or American national security
(defence, foreign relations or economic interests)
(1 and 2 of Exhibit B-38, and the totality of the
pleadings).
Law Animated World, 30 June 2017
F-242 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
ii. The following incidents of international terrorism
had occurred before November 2008, when the
Information Gathering Activities took place, just to
raise some major recent examples:
(i) On 11 September 2001, simultaneous multiple
terrorist attacks took place when 4 passenger
aircrafts for US domestic flights were
hijacked by 19 young Arab men acting under
the orders of radical Islamists, of which 2
crashed into the World Trade Center
buildings in New York, USA and 1 into the
Department of Defence headquarters in
Washington DC, killing about 300 [sic - 3000]
individuals including 24 Japanese nationals
and wounding many, leading to the arrest of
senior Al Qaeda members. Some of the
perpetrators had been residing in the United
States for over a year amongst the ordinary
public.
(ii) On 22 December 2001, a British national was
apprehended on board an American Airlines
flight (197 passengers and crew) from Paris
to Miami, found in an attempt to detonate a
bomb set inside a shoe. He was a convert to Islam
born in London to a British mother and a
Jamaican father, and had attended a London
mosque in after converting. It was found that
suspected perpetrators of the September 11th
attacks had been attending the same mosque.
(iii) On 12 October 2002, simultaneous multiple
terrorist attacks happened at a bar and disco in
Bali, Indonesia, killing 202 including 2 Japanese
nationals, and wounding more than 300,
including 14 Japanese. Jemaah Islamiyah
members were arrested and 11 more were
searched for as named suspects. Those who
were arrested made statements such as: I
assisted in the manufacturing of bombs in
order to kill as many Americans as possible.
(iv) On 12 May 2003, successive explosive terrorist
attacks were carried out at 3 foreign compounds in
Riyadh, Saudi Arabia by 15 perpetrators with
automobile explosives, killing 34 including the
perpetrators and wounding 194 including 3
Japanese nationals. The Saudi authorities had
just exposed an Al-Qaeda arsenal, seized
large amounts of weaponry and issued
warrants for 19 suspects including
perpetrators of the terrorist plot, 3 of which
died implementing the attack.
Law Animated World, 30 June 2017
32
(2017) 1 LAW
(v) On 20 November 2003, successive explosive
terrorist attacks occurred at the British Consulate
General and British bank HSBC in Istanbul,
Turkey, in the form of suicide bombings that
involved setting explosives in the bed of a truck,
killing 30 including the British Consulate General
and wounding about 450, with Al Qaeda and
like organisations issuing a statement to the
effect that they were jointly responsible.
(vi) On 11 March 2004, 10 dynamite explosions
happened almost simultaneously in a terrorist
attack on a commuter train in Madrid, Spain,
killing 191 and wounding about 1900, the victims
belonging to 14 different nationalities. 3
organisations issued statements to the effect
of this is in retaliation for your actions in
Iraq and Afghanistan etc., and 7 detonation
devices as well as a tape of verses from the
Quran recorded in Arabic were seized from
the van thought to have been used by the
perpetrators.
(vii) On 9 September 2004, an automobile bomb
attempted to drive into the Australian Embassy in
Jakarta, Indonesia, killing 12 including 1
perpetrator, and wounding more than 180. The
same day, an Arabic statement in the name of
the East Asian Jemaah Islamiyah was posted
on an Islamic website: Australia joined the
invading forces in the war in Iraq. This attack
is retaliation against Australia, which is the
greatest enemy of God and Islam, etc. It
referred to the attack and demanded the
withdrawal of Australian forces from Iraq, to
the effect of: More harm will be inflicted if
the demand is not met. The automobile
bombs will never cease.
(viii) On 7 July 2005, simultaneous multiple terrorist
attacks (hereinafter referred to as the UK
Simultaneous Multiple Terrorist Attacks) were
carried out in 3 locations on the Underground in
central London and a moving bus, by 4 suicide
bombers of British nationality with handmade
explosives stuffed in backpacks, killing 56
including the perpetrators and wounding about 700.
Al Qaeda etc. issued statements, and a
British account indicated that 2 of the
perpetrators had possibly been in contact
with Al Qaeda, and that the motive for the
attack was hostility against unfair treatment
toward typical Muslims. The threat of
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
homegrown terrorists and the necessity of
understanding British nationals radicalized to
the point of carrying out a suicide bombing
were cited as lessons to be learned from the
incident. Homegrown terrorist refers to an
individual who had led an ordinary life in a non-
Muslim developed nation but radicalizes by one
influence or another, and engages in an act of
international terrorism in their country of residence
or aimed at interests of a country targeted by
radical Islamists, and is recently the focus of
attention in many countries due to incidents
such as this one.
(ix) On 1 October 2005, successive terrorist attacks
occurred at 3 restaurants in busy downtown etc.
areas full of Western and other tourists in
Bali, Indonesia, killing 23 including 3 perpetrators
and 1 Japanese national, and wounding 146.
(x) On 11 July 2006, a series of multiple terrorist
attacks were carried out by setting bombs on 7
crowded trains during rush hour in Mumbai,
India, killing 186 and wounding 890. The Mumbai
police announced that the Islamic terrorist
organisation Lashkar-e Taiba, with the assistance of
the Students Islamic Movement of India, was
responsible. In addition to the above, terrorist
attacks using explosives have been carried out
by radical Islamists in Argentina, the Philippines,
Russia, Morocco etc. Incidents of terrorist attacks
using nuclear, biological and chemical substances
(NBC terrorism) have taken place as well: in 2001,
anthrax attacks happened in the United
States; in 2002, an American member of Al
Qaeda was found to have been plotting an
attack on the United States using a dirty
bomb that spreads radioactive substances; in
2003, a radical Islamist group in London was
found to have possessed substances related to
the highly virulent ricin; and in February
2004, ricin was discovered in a Senate Office
Building in Washington DC (Exhibits B-10,
(1) and (2) of B-14, B-15, B-34-36, (1) and
(2) of B-37, (1) and (2) of B-41).
iii. Japan is an ally of the United States, and carries
many US related facilities that radical Islamists have
made terrorist targets. (i) On 6 May 2004, Osama
bin Ladens audio statement on an Islamic
website said, The US military has promised
handsome rewards to those who kill Mujahedeen. We
too, offer the following return to those who kill
33
F-243
Americans, allies, UN staff etc., and 500 grams of
gold (roughly 700,000 yen) for allies like Japan and
Italy; (ii) On 1 October of the same year, an
audio statement of (Al-Qaeda leader) Zawahiri on
Al Jazeera said, We must not silently wait to be
invaded by military forces of the US, UK etc. We
should wage resistance right away. The interests of
the US, UK, Australia, France, Poland, Norway, Korea
and Japan are everywhere. These countries are involved
in the occupation of Afghanistan, Iraq and Chechnya,
and support the existence of Israel; (iii) On 22 April
2008, Zawahiris video statement on a Islamic website
answered a question from the Associated Press on
whether Japan is still an Al-Qaeda target in the
following terms: Japan insists it is cooperating
with the West in their activities in Iraq, but are
they not also participating in the military crusade
against Muslims, and Japan has become an ally of
the US, which has occupied and plundered our land;
and which has attacked Japan with conventional and
nuclear weapons (Exhibits B-16, 36 and 39).
Furthermore, in December 2003, the French
national Lionel Dumont, an internationally wanted
senior member of an Al-Qaeda related organisation,
was arrested in Germany, which led to the
revelation that he had illegally entered Japan with a
counterfeit passport in July 2002 and was hiding in
Niigata City. During his stay in Japan, he was
known as a serious Frenchman who worked
steadily and silently, but suspicions had arisen
that he was fulfilling the role of an intermediary
linking terrorist organisations in Europe and
Southeast Asia, keeping in frequent touch with
members of Islamic terrorist organisations
headquartered in the UK and France, and visiting
Malaysia, where there is a branch of the radical
Islamist group Jemaah Islamiyah. It became clear
that another member of a radical Islamic organisation
had been temporarily staying in Japan by residing with
Dumont, as well as the fact that he was a devout
Muslim, never failing to pray five times a day and
frequenting mosques at Niigata East Port and
Isesaki city in Gunma prefecture. It was found
that the account he opened under a false name at
the Japan Post Bank had received a few dozen
transfers of several thousand to one million yen,
and he is suspected to have been raising finances for
Law Animated World, 30 June 2017
F-244 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
terrorism and procuring supporters during his time in
Japan (Exhibits B-36, C-9).
What is more, in March 2007, it was confirmed
that Khalid Sheikh Mohammed, a senior Al Qaeda
official in US custody, made a statement that he had
been involved in plots, among others, to destroy the
American Embassy in Japan. He made a statement
to the effect that he had pledged allegiance etc. to
Osama bin Laden in order to carry out a Jihad, and
served as operations commander to plot, prepare and
execute the September 11th attacks, as well as
military commander for worldwide operations,
directly undertaking the administration and direction of
the biological weaponry manufacturing department and
management of the dirty bomb operations in the US
(Exhibit B-19, (1) and (2) of B-37).
iv. Not only do mosques have a religious function of
providing for confessions and prayers at the core of
Islamic religious activities, but they are also a place for
teachings of instruction on the meaning of the
Quran, the central religious text, and the Hadith
as well as a space of social interaction for Muslims
to relax, eat, discourse and enforce communal bonds
(from the pleadings in their entirety). At the same
time, the existence of home-grown terrorists has
recently caught the attention of many countries as
found above in ii (viii), indicating that exposure to
radical ideas and recruitment etc. from radical Islamic
groups in prisons or religious institutions possibly
contribute to the process of radicalisation. In reality,
the perpetrators of the UK Simultaneous Multiple
Terrorist Attacks became close to each other through
youth activities at mosques etc., and although the
crucial factor in their radicalisation is unclear, the
possibility has been indicated that they attended
lectures, watched videos, and had the opportunity
to read literature on radical ideas at local mosques
etc. In addition, from 2 June 2006 to the 3rd of that
month, the Canadian police arrested 17 individuals and
seized 3 tonnes of ammonium nitrate related to,
among others, suspected terrorist plots targeting the
Canadian Security Intelligence Service headquarters,
Canadian Association of Broadcasters, bases of the
Canadian Forces, the Toronto Stock Exchange, and the
Canadian Federal Parliament Building etc., and
including the assassination of the Canadian prime
minister. Of the suspects etc., who were all male
Law Animated World, 30 June 2017
34
(2017) 1 LAW
Canadian residents, six attended the same mosque,
engaging in prayers, sporting activities and
discussions on Islam with an individual who held
a leadership role at said mosque (the eldest of the
suspect group), expressing dissatisfaction at the
deployment of the Canadian Forces to
Afghanistan, and receiving sermons on radical
content, which point to the possibility that these
were factors in their radicalisation, and the other
three had reportedly been attending the same
mosque as an Al Qaeda financial supporter in the
1990s (Exhibit C-10 (1)). It has also been
discovered that radical Muslim leaders have engaged
in recruitment efforts for suicide bombers at London
mosques (Exhibit C-10 (2)).
d) According to the facts found above in (c),
numerous cases of international terrorism had occurred
before around 1 January 2008, when the Information
Gathering Activities took place, and the substance of
the cases demonstrate that foreign terrorist
organisations designated by the US government,
particularly radical Islamist groups, are responsible for
a high percentage of them. As for the tactics,
explosives and chemical substances etc. are used
to affect an extremely large number of ordinary
citizens regardless of nationality, with fatalities
and the wounded reaching up to several hundred
to the thousands per incident. In terms of their
backgrounds, it can be said that factors such as
retaliation for the Iraq War etc. or hostility
toward the unfair treatment of Muslims have
played a part. Moreover, these incidents of
international terrorism have taken place in various
regions and countries, extending to Southeast Asia,
which is geographically close to Japan. Further, Japan
has been identified by multiple leaders of radical
Islamic organisations as a target that is a US ally,
participant in the occupation of Iraq etc., and supporter
of the existence of the Israeli state. Given the
revelation that a senior member of a radical
Islamic organisation had been staying in the
country without authorisation, and the statement
by a senior member of a radical Islamic
organisation to the effect that he was involved in
a plot to destroy the American Embassy in Japan
etc., it can be said that there had been a sufficient
danger of an act of international terrorism being carried
(Go to p. 59)
(2017) 1 LAW General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) i

GENERAL INDEX FOR LAW ANIMATED WORLD, Volume 11: Part 1 (January to June 2015):
TABLE OF FOREIGN DECISIONS REPORTED:
(serial page number wise)
1. R v Docherty (Appellant) [LAW, 15 January 2017] UK-SC F1 - F24
2. Shaw v. United States [LAW, 31 January 2017] US-SC F25 - F29
3. White v. Pauly [LAW, 31 January 2017] US-SC F30 - F33
4. Lightfoot v. Cendant Mortgage Corpn. [LAW, 31 January 2017] US-SC F34 - F40
5. Olivia Waiyee Lee v. Whangarei District Council [LAW, 15 February 2017] NZ-SC F41 - F56
6. W. Australia Planning Commission v. Southregal Party Ltd. & Anr. [28-02-2017] AUS-HC F57 - F92
7. National Labor Relations Board v. SW GENERAL Inc. [LAW, 15/31-03-2017 Spl] US-SC F93 - F112
8. Endrew F. v. Douglas County School Dist. Re-1 [LAW, 15-31 March 2017 Spl] US-SC F113 - F121
9. Manuel v. Joliet [LAW, 15-31 March 2017 Spl] US-SC F122 - F135
10. Hutchinson v. The United Kingdom [ECHR-Grand Chamber] [LAW, 15 April 2017] ECHR-
F137 - F176
Strasbourg
11. 2016-600 QPC: Administrative Searches under Emergency III [Law, 15-05-2017] FR-CC F177 - F182
12. 2012-647 DC on Law on punishment of denials of genocides [Law, 15-05-2017] FR-CC F182 - F184
13. Jadhav Case (India v. Pakistan) [LAW, 31 May 2017] ICJ-Hague F185 - F200
14. Case for causing death through negligence [LAW, 15 June 2017] SC-JAP F201 - F207
15. Overseas Hibakusha Case on illegal refusal of health-care benefits [Law: 30-6-17] SC-JAP F208 - F232
16. The Case on Surveillance of Japans Muslims [LAW, 30 June 2017] SC & DC
F233 - F256
Tokyo - JAP

(Cases Reported: in alphabetical order)

1. 2012-647 DC on Law on punishment of denials of genocides [Law, 15-05-2017] FR-CC F182 - F184
2. 2016-600 QPC: Administrative Searches under Emergency III [Law, 15-05-2017] FR-CC F177 - F182
3. Endrew F. v. Douglas County School Dist. Re-1 [LAW, 15-31 March 2017 Spl] US-SC F113 - F121
4. Hutchinson v. The United Kingdom [ECHR-Grand Chamber] [LAW, 15 April 2017] ECHR-
F137 - F176
Strasbourg
5. Jadhav Case (India v. Pakistan) [LAW, 31 May 2017] ICJ-Hague F185 - F200
6. Lightfoot v. Cendant Mortgage Corpn. [LAW, 31 January 2017] US-SC F34 - F40
7. Manuel v. Joliet [LAW, 15-31 March 2017 Spl] US-SC F122 - F135
8. National Labor Relations Board v. SW GENERAL Inc. [LAW, 15/31-03-2017 Spl] US-SC F93 - F112
9. Olivia Waiyee Lee v. Whangarei District Council [LAW, 15 February 2017] NZ-SC F41 - F56
10. R v Docherty (Appellant) [LAW, 15 January 2017] UK-SC F1 - F24
11. Shaw v. United States [LAW, 31 January 2017] US-SC F25 - F29
12. The Case for causing death through negligence [LAW, 15 June 2017] SC-JAP F201 - F207
13. The Case on Surveillance of Japans Muslims [LAW, 30 June 2017] SC & DC
F233 - F256
Tokyo - JAP
14. Overseas Hibakusha Case on illegal refusal of health-care benefits [30-6-17] SC-JAP F208 - F232
15. W. Australia Planning Commission v. Southregal Party Ltd. & Anr. [28-02-2017] AUS-HC F57 - F92
16. White v. Pauly [LAW, 31 January 2017] US-SC F30 - F33
***

35 Law Animated World, 30 June 2017: General Index for V 13: P 1

ii General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) (2017) 1 LAW

TABLE OF SUPREME COURT OF INDIA DECISIONS REPORTED:

(serial page number wise)

1. State of Telangana v. Habeeb Abdulah Jeelani & Ors. (2-Judges Bench) [15-01-2017] ISC: 01 - 08
2. Ajay Singh and Anr., etc. v. State of Chattisgarh & Anr. (2-Judges Bench) [15-01-2017] ISC: 08 - 16
3. Union of India & Ors. v. Col. Chander Ballabh Sharma (2-Judges Bench) [31-01-2017] ISC: 17 - 44
4. Jagadamba Devi v. Union of India & Ors. (2-Judges Bench) [31-01-2017] ISC: 45 - 48
5. Nidhi Kaim & Anr. v. State of M.P. & Anr. {Vyapam Medical Seats Scam} (3-Judges) [15-02-2017] ISC: 49 - 86
6. Reshma Anil Bhosale v. Maharashtra Election Commission & Ors. (2-Judges) [15-02-2017] ISC: 87 - 88
7. State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat & Ors. ISC: 89 - 132
{anti-cow slaughter} (7-Judges Constitution Bench) [15-31 March 2017 Spl]

8. State (through) C.B.I. v. Kalyan Singh & Ors. (2-Judges Bench) [30 April 2017] ISC: 133 - 144
9. Common Cause v. Union of India (2-Judges Bench) [30 April 2017] ISC: 145 - 154
10. Just Society v. Union of India (2-Judges Bench) [30 April 2017] ISC: 155 - 156
11. Justice Sunanda Bhandare Foundation v. Union of India & Anr. (3-Judges) [30-04-2017] ISC: 157 - 168
12. Govt. of N.C.T. of Delhi v. Manav Dharam Trust & Anr. (2-Judges) [15-05-2017] ISC: 169 - 178
13. Vasanta Sampath Dupare v. State of Maharashtra (3-Judges Bench) [15-05-2017] ISC: 179 - 192
14. State of Maharashtra & Ors. v. S.D. Rupawate & Ors. (2-Judges Bench) [31-05-2017] ISC: 193 - 203
15. Manzar Sayeed Khan v. State of Maharashtra & Anr. (2-Judges Bench) [31-05-2017] ISC: 204 - 208
16. Satya Pal Anand v. State of Madhya Pradesh & Ors., (3-Judges Bench) [30 June 2017] ISC: 209 - 232
(Cases Reported: in alphabetical order)

1. Ajay Singh and Anr., etc. v. State of Chattisgarh & Anr. (2-Judges Bench) [15-01-2017] ISC: 08 - 16
2. Common Cause v. Union of India (2-Judges Bench) [30 April 2017] ISC: 145 - 154
3. Govt. of N.C.T. of Delhi v. Manav Dharam Trust & Anr. (2-Judges) [15-05-2017] ISC: 169 - 178
4. Jagadamba Devi v. Union of India & Ors. (2-Judges Bench) [31-01-2017] ISC: 45 - 48
5. Just Society v. Union of India (2-Judges Bench) [30 April 2017] ISC: 155 - 156
6. Justice Sunanda Bhandare Foundation v. Union of India & Anr. (3-Judges) [30-04-2017] ISC: 157 - 168
7. Manzar Sayeed Khan v. State of Maharashtra & Anr. (2-Judges Bench) [31-05-2017] ISC: 204 - 208
8. Nidhi Kaim & Anr. v. State of M.P. & Anr. {Vyapam Medical Seats Scam} (3-Judges) [15-02-2017] ISC: 49 - 86
9. Reshma Anil Bhosale v. Maharashtra Election Commission & Ors. (2-Judges) [15-02-2017] ISC: 87 - 88
10. Satya Pal Anand v. State of Madhya Pradesh & Ors., (3-Judges Bench) [30 June 2017] ISC: 209 - 232
11. State (through) C.B.I. v. Kalyan Singh & Ors. (2-Judges Bench) [30 April 2017] ISC: 133 - 144
12. State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat & Ors. ISC: 89 - 132
{anti-cow slaughter} (7-Judges Constitution Bench) [15-31 March 2017 Spl]

13. State of Maharashtra & Ors. v. S.D. Rupawate & Ors. (2-Judges Bench) [31-05-2017] ISC: 193 - 203
14. State of Telangana v. Habeeb Abdulah Jeelani & Ors. (2-Judges Bench) [15-01-2017] ISC: 01 - 08
15. Union of India & Ors. v. Col. Chander Ballabh Sharma (2-Judges Bench) [31-01-2017] ISC: 17 - 44
16. Vasanta Sampath Dupare v. State of Maharashtra (3-Judges Bench) [15-05-2017] ISC: 179 - 192

***

Law Animated World, 30 June 2017: General Index for V 13: P 1 36

(2017) 1 LAW General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) iii

EDITORIALS:
1. Indian Festival Sports and Cruelty to Animals 13: 1 (15 January 2017)
2. Promises are there to be broken only 13: 2 (31 January 2017)
3. High Drama in Tamil Nadu Politics 13: 3 (15 February 2017)
4. Racism on the high in the US now? 13: 4 (28 February 2017)
5. Unperishing Flowers of Humanity 13: 5-6 (15-31 March 2017 spl)
6. On Simultaneous Elections 13: 7 (15 April 2017)
7. Osmania University Centenary Celebrations 13: 8 (30 April 2017)
8. Kulbhushan Jadhav: An Interesting Case 13: 9 (15 May 2017)
9. Sedition become so ubiquitous!? 13: 10 (31 May 2017)
10. Man: The Cruelest Animal 13: 11 (15 June 2017)
11. Casteism: The Deadly Disease 13: 12 (30 June 2017)

ARTICLES AND FEATURES:

S. Issue Number,
Title Pages
No. Date
Vol. 13: No. 1
1. Historical inevitability or Electoral corruption? (56), I.M. Sharma 02, 83
(15-01-2017)
2. Political Trouble in India: 1910-1917 (9), J.C. Ker - do - 03 - 06
3. Europes courageous journalist passed away, Dr. Paul Craig Roberts - do - 7
4. A real left-wing needed, Dr. Paul Craig Roberts - do - 8
5. Obama, the war criminal butcherer & CIA, Dr. Paul Craig Roberts - do - 9 - 10
6. 9/11: Israels Grand Deception, Jonathan Azaziah - do - 11 - 22
7. Solving 9/11: Deception that changed the World (1), Christopher Bollyn - do - 63 - 70
8. Other Peoples Money (1), Louis D. Brandeis - do - 71 - 78
9. German Politicians are U.S. Puppets, Udo Ulfkotte - do - 79 - 81
10. The Netherlands is Ours Again!, Geert Wilders - do - 82
11. Poems, Sir Walter Raleigh - do - 84
Vol. 13: No. 2
12. Historical inevitability or Electoral corruption?(57), I.M. Sharma 02, 83
(31-01-2017)
13. Political Trouble in India : 1910-1917 (10), J.C. Ker - do - 03 - 06
14. Demons from the Past, Irfan Husain - do - 07 - 08
15. Other Peoples Money (2), Louis D. Brandeis - do - 09 - 14
16. Ask not what your country can do for you, J.F. Kennedy - do - 15 - 16
17. Together, We Will Make America Great Again, Donald Trump - do - 17 - 18
18. Solving 9/11: Deception that changed the World (2), Christopher Bollyn - do - 67 - 74
19. Are Americans Racist? Dr. Paul Craig Roberts - do - 75 - 77
20. The Lost Hegemon, D.R. Griffin - do - 78
21. Lest We Forget, Dr. Paul Craig Roberts - do - 79 - 81
22. U.N. Hypocrisy, Tarek Fatah - do - 82
23. Poems, Robert W. Service - do - 84

37 Law Animated World, 30 June 2017: General Index for V 13: P 1

iv General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) (2017) 1 LAW

S. Issue Number,
Title Pages
No. Date
Vol. 13: No. 3
24. Historical inevitability or Electoral corruption? (58), I.M. Sharma 02, 83
(15-02-2017)
25. Political Trouble in India: 1910-1917 (11), J.C. Ker - do - 03 - 06
26. Other Peoples Money (3), Louis D. Brandeis - do - 07 - 11
27. Budget (2017-18), Timir Basu - do - 12
28. Supreme Courts Contempt Charges against a Sitting HC Judge, Sanjeev Sirohi - do - 13 - 14
29. Solving 9/11: Deception that changed the World (3), Christopher Bollyn - do - 71 - 81
30. Book Review: From MAD to Madness, Dr. Paul Craig Roberts - do - 82
31. Poems, Jacques Prvert - do - 84
Vol. 13: No. 4
32. Historical inevitability or Electoral corruption? (59), I.M. Sharma 02, 75
(28-02-2017)
33. Political Trouble in India: 1910-1917 (12), J.C. Ker - do - 03 - 06
34. Other Peoples Money (4), Louis D. Brandeis - do - 07 - 12
35. Globalization of Enviro-Degradation, George Abert & Paul Craig Roberts - do - 13 - 14
36. Universal Basic Income, Adam Booth - do - 15-20, 57
37. Trump intends Guantanamo Expansion, Stephen Lendman - do - 58
38. Solving 9/11: Deception that changed the World (4), Christopher Bollyn - do - 59 - 68
39. Trump Presidency: R.I.P., Dr. Paul Craig Roberts - do - 69 - 70
40. Trump v. Trump, Ron Paul - do - 71
41. Immigration, Republicans & End of America, Ron Unz - do - 72 - 74
42. Poems, Abraham Lincoln - do - 76
Vol. 13: Nos. 5-6
43. Cubas Medical Internationalism 04
(15/31-03-2017 spl)
44. Political Trouble in India: 1910-1917 (13), J.C. Ker - do - 05 - 12
45. Political Defections and Role of the Speaker, Justice Jeevan Reddy - do - 13 - 16
46. Buddha Every Inch A Hindu, Dr. Koenraad Elst - do - 17 - 20
47. End of Privacy: Aadhar Biggest Surveillance Engine, Saikat Datta - do - 21 - 23
48. On Injustice to victims, V. Rajagopal Reddy - do - 24
49. Other Peoples Money (5), Louis D. Brandeis - do - 25 - 29
50. The Day Earth Was Murdered, Dr. Paul Craig Roberts - do - 30 - 32
51. Solving 9/11: Deception that changed the World (5), Christopher Bollyn - do - 33 - 40
52. Did Obama spy on Trump? - Andrew P. Napolitano - do - 41 - 42
53. Who annexed Crimea in the 1990s? - Anna Tsukanova - do - 131 - 133
54. Death at Your Doorstep: Police rip the Constitution, John W. Whitehead - do - 134 - 136
55. Conspiracy against President Trump, Dr. Paul Craig Roberts - do - 137 - 138

Law Animated World, 30 June 2017: General Index for V 13: P 1 38

(2017) 1 LAW General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) v

S. Issue Number,
Title Pages
No. Date
56. Fake scholarship & Future of Americas University, Prof. Michel Chossudovsky - do - 139 - 140
57. President Blowback, Tom Engelhardt - do - 141 - 144
58. Poems, Karl Marx - do - 148
Vol. 13: No. 7
59. Historical inevitability or Electoral corruption? (60), I.M. Sharma 02, 75
(15-04-2017)
60. Political Trouble in India: 1910-1917 (14), J.C. Ker - do - 03 - 06
61. The Way Forward, Fali S. Nariman - do - 07 - 11
62. Other Peoples Money (6), Louis D. Brandeis - do - 12 - 18
63. Is that Armageddon over the Horizon?- Dr. Paul Craig Roberts - do - 59 - 60
64. Beware the Dogs of War: Is the American Empire Collapsing? John W. Whitehead - do - 61 - 62
65. Solving 9/11: Deception that changed the World (6), Christopher Bollyn - do - 63 - 74
66. Poems, Swinburne A.C. - do - 76
Vol. 13: No. 8
67. Historical inevitability or Electoral corruption?(61), I.M. Sharma 02, 75
(30-04-2017)
68. Political Trouble in India: 1910-1917 (15), J.C. Ker - do - 03 - 06
69. Other Peoples Money (7), Louis D. Brandeis - do - 07 - 13
70. Dr. Ambedkar and Caste, M.K. Gandhi - do - 14
71. Run for Your Life, John W. Whitehead - do - 15 - 16
72. The True Cost of Israel, Philip Gerladi - do - 18 - 20
73. Solving 9/11: Deception that changed the World (7), Christopher Bollyn - do - 57 - 61
74. 9/11 Destroyed America, Dr. Paul Craig Roberts - do - 62
75. Multi-level Analysis of the US Attack on Syria, The Saker - do - 63 - 72
76. A Government of Morons, Dr. Paul Craig Roberts - do - 73 - 74
77. Poems, Makhanlal Chaturvedi - do - 76
Vol. 13: No. 9
78. Historical inevitability or Electoral corruption? (62), I.M. Sharma 02, 67
(15-05-2017)
79. Political Trouble in India: 1910-1917 (16), J.C. Ker - do - 03 - 06
80. Corruption Unlimited, Prashant Bhushan - do - 07 - 10
81. Other Peoples Money (8), Louis D. Brandeis - do - 11 - 18
82. Solving 9/11: Deception that changed the World (8), Christopher Bollyn - do - 51 - 54
83. Strategic triangle changing the World, Dr. Paul Craig Roberts - do - 55 - 58
84. On Human Extinction due to Satanic Neoconservatives, PCR & Saker - do - 59 - 65
85. G.S.T. A Monster Baby, www.frontierweekly.com - do - 66
86. Poems, R.W. Emerson - do - 68

39 Law Animated World, 30 June 2017: General Index for V 13: P 1

vi General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) (2017) 1 LAW

S. Issue Number,
Title Pages
No. Date
Vol. 13: No. 10
87. Historical inevitability or Electoral corruption? (63), I.M. Sharma 02, 67
(31-05-2017)
88. Political Trouble in India: 1910-1917 (17), J.C. Ker - do - 03 - 06
89. Shivaji: Hindu King in Islamic India, Murad Ali Baig - do - 07 - 09
90. Collapse of France, Dr. Paul Craig Roberts - do - 10
91. Other Peoples Money (9), Louis D. Brandeis - do - 11 - 13
92. Nature, Labour and the Rise of Capitalism, Martin Empson - do - 14 - 18
93. Getting Julian Assange, John Pilger - do - 51 - 55
94. JFK at 100, Dr. Paul Craig Roberts - do - 56
95. The Looting Machine called Capitalism, Dr. Paul Craig Roberts - do - 57 - 58
96. Solving 9/11: Deception that changed the World (9), Christopher Bollyn - do - 59 - 66
97. Poems, Ogden Nash - do - 68
Vol. 13: No. 11
98. Historical inevitability or Electoral corruption? (64), I.M. Sharma 02
(15-06-2017)
99. Political Trouble in India: 1910-1917 (18), J.C. Ker - do - 03 - 06
100. Doctors Diagnosis Was Dead Right, Raman Swamy - do - 07 - 08
101. Other Peoples Money (10), Louis D. Brandeis [END] - do - 09 - 14
102. Mysterious discoveries in the wake of terrorist attacks, M. Chossudovsky - do - 15 - 16
103. The American Catastrophe, Dr. Paul Craig Roberts - do - 17 - 18
104. Zbigniew Brzezinski, Dr. Paul Craig Roberts - do - 51 - 52
105. Vladimir Putin: The Most Powerful Person in the World, Dr. PCR - do - 53 - 54
106. Solving 9/11: Deception that changed the World (10), Christopher Bollyn - do - 55 - 62
107. Without Glass-Steagall America will Fail, Dr. Paul Craig Roberts - do - 63 - 64
108. The Republic Has Fallen, John W. Whitehead - do - 65 - 66
109. Poems, Luis Llorns Torres - do - 68
Vol. 13: No. 12
110. Historical inevitability or Electoral corruption? (65), I.M. Sharma 02, 91
(30-06-2017)
111. Political Trouble in India: 1910-1917 (19), J.C. Ker - do - 03 - 06
112. The Aurangzeb Debate, Dr. Koenraad Elst - do - 07 - 08
113. Washington at War, S. Arabia v Qatar, Dr. Paul Craig Roberts - do - 09 - 10
114. Deception inside Deception: The Alleged Sarin Gas Attack, PCR - do - 11 - 12
115. US Criminal Justice System, devoid of Justice, Dr. Paul Craig Roberts - do - 13 - 14
116. General Index, Law Animated World, Vol. 13, Part 1, January-June 2017 - do - 35 - 58
117. The Globalization of Misery, Tom Engelhardt - do - 79 - 82
118. Solving 9/11: Deception that changed the World (11), Christopher Bollyn - do - 83 - 90
119. Poems, Kay Sage - do - 92
*****

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(2017) 1 LAW General Index for LAW ANIMATED WORLD, Vol. 13, Part 1 (January to June 2017) vii

DIGESTIVE NOTES:
AUSTRALIA:
High Court of Australia at Canberra:
1. W. Australia Planning Commission v. Southregal Party Ltd. & Anr. - (2017) 1 LAW F-57 (AUS-HC)
Matters Nos. P47 & P48 of 2016 {Law Animated World, 28 February 2017 issue}
Judgment: Wednesday, 8 February 2017
COURT: KIEFEL, BELL, GAGELER, KEANE AND NETTLE JJ
Citation: W. Australia Planning Commission v. Southregal Party Ltd. [2017] HCA 7
The High Court, by majority, allowed two appeals from the Court of Appeal of the Supreme Court of
Western Australia. Part 11 of the Planning and Development Act 2005 (WA) ("the PD Act") makes provision for
a landowner to be compensated in circumstances where land has been injuriously affected by a planning scheme.
The High Court held, by majority, that the owner of land at the date it is reserved for a public purpose under a
planning scheme is entitled to compensation under the PD Act, but a subsequent purchaser of injuriously
affected land is not so entitled.
*****
EUROPEAN COURT OF HUMAN RIGHTS AT STRASBOURG:
1. HUTCHINSON V. THE UNITED KINGDOM - (2017) 1 LAW F-137 (ECHR-Strasbourg)
Application No. 57592/2008 {Law Animated World, 15 April 2017 issue}
Judgment: Tuesday, 17 January 2017
COURT: Grand Chamber of European Court of Human Rights
Citation: Case of Hutchinson v. The United Kingdom: (2017) 1 LAW F-137 (ECHR-Strasbourg)
Review of whole life sentences in the UK is compatible with the European Convention
In this Grand Chamber judgment in the case of Hutchinson v. the United Kingdom (application no.
57592/08) the European Court of Human Rights held, by 14 votes to 3, that there had been: no violation of Article
3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights.
The case concerned the complaint by a man serving a whole life sentence for the murder of three members of
a family and the rape of another that his sentence amounted to inhuman and degrading treatment as he had no
hope of release. The Court reiterated that the European Convention did not prohibit the imposition of a life
sentence on those convicted of especially serious crimes, such as murder. However, to be compatible with the
Convention there had to be both a prospect of release for the prisoner and a possibility of review of their
sentence. The Court considered that the UK courts had dispelled the lack of clarity in the domestic law on the
review of life sentences. The discrepancy identified in a previous ECtHR judgment [Vinter and Others v. the United
Kingdom (application nos. 66069/09, 130/10 and 3896/10)] between the law and the published official UK policy had
notably been resolved by the UK Court of Appeal in a ruling affirming the statutory duty of the Secretary of State for Justice to
exercise the power of release for life prisoners in such a way that it was compatible with the European Convention. In addition,
the Court of Appeal had brought clarification as regards the scope and grounds of the review by the Secretary of
State, the manner in which it should be conducted, as well as the duty of the Secretary of State to release a whole life
prisoner where continued detention could no longer be justified. The European Court highlighted the important role of the
Human Rights Act, pointing out that any criticism of the domestic system on the review of whole life sentences was countered
by the HRA as it required that the power of release be exercised and that the relevant legislation be interpreted and applied in a
Convention-compliant way. The Court therefore concluded that whole life sentences in the United Kingdom could now be regarded
as compatible with Article 3 of the European Convention.
***

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FRANCE:
Constitutional Council of France at Paris:
1. On Administrative Searches under the state of Emergency III - (2017) 1 LAW F-177 (FR-CC)
Decision no. 2016-600 QPC [Law Animated World, 15 May 2017]
Date of Decision: Friday, 2 December 2016
THE CONSTITUTIONAL COUNCIL RULES: Article 1 It is unnecessary to give judgement on the fourth sub-
paragraph of paragraph I of Article II of Law number 55-385 of 3 April 1955 relating to states of emergency, in its
report from Law number 2016-987 of 21 July 2016, extending the enforcement of Law number 55-385 of 3
April 1955 relating to states of emergency and regarding reinforcement measures in the fight against terrorism. //
Article 2 The words: "With the exception of those elements that are related to any threat to security and public
safety brought on by the behaviour of the person in question," in the last sentence of the eighth sub-paragraph of
paragraph I of Article 11 of the Law of 3 April 1955, relating to states of emergency, in its report from Law
number 2016-987 of 21 July 2016, extending the enforcement of Law number 55-385 of 3 April 1955 relating to
states of emergency and regarding reinforcement measures in the fight against terrorism are unconstitutional. //
Article 3. The declaration of unconstitutionality of Article 2 shall take effect under the conditions set out in
paragraph 24 of this decision. // Article 4. The rest of the provisions of the fifth through the tenth sub-
paragraphs of paragraph I of Article 11 of the Law no. 55-385 of 3 April 1955 relating to states of emergency, in
its report from Law number 2016-987 of 21 July 2016, extending the enforcement of Law number 55-385 of 3
April 1955 relating to states of emergency and regarding reinforcement measures in the fight against terrorism
are constitutional. // Article 5. This decision shall be published in the Journal officiel of the French Republic
and notified in the conditions provided for in Section 23-11 of the Ordinance of 7 November 1958 referred to
hereinabove.
***
2. On the punishment of denials of the existence of genocides - (2017) 1 LAW F-182 (FR-CC)
Decision no. 2012-647 DC [Law Animated World, 15 May 2017]
Date of Decision: Tuesday, 28 February 2012
HELD: Article 1. The Law on the punishment of denials of the existence of genocides recognised by law is
unconstitutional. Article 2. - This decision shall be published in the Journal officiel of the French Republic.
Deliberated by the Constitutional Council in its session of 28 February 2012, sat on by: Mr Jean-Louis
DEBR, President, Mr Jacques BARROT, Ms Claire BAZY MALAURIE, Mr Guy CANIVET, Mr Michel
CHARASSE, Mr Renaud DENOIX de SAINT MARC, Mr Valry GISCARD d'ESTAING and Mr Pierre
STEINMETZ.
***
INTERNATIONAL COURT OF JUSTICE AT HAGUE:
Jadhav Case (India v. Pakistan) - (2017) 1 LAW F-185 (ICJ-Hague)
No. 2017/22 [Law Animated World, 31 May 2017]
Date of Decision: Thursday, 18 MAY 2017
Jadhav Case (India v. Pakistan) Provisional Measures: The Court indicates to the Islamic Republic of Pakistan that it must
take all measures at its disposal to prevent the execution of an Indian national, Mr. Kulbhushan Sudhir Jadhav, pending
final judgment of the Court.
The International Court of Justice (ICJ), principal judicial organ of the United Nations, ON 18 May 2017
indicated to the Islamic Republic of Pakistan that it must take all measures at its disposal to ensure that Mr.
Kulbhushan Sudhir Jadhav, of Indian nationality, is not executed pending a final judgment of the Court in the Jadhav

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Case (India v. Pakistan). In its Order indicating provisional measures, which was adopted unanimously, the Court
also stated that the Government of Pakistan shall inform it of all measures taken in implementation of that Order. It
further decided to remain seised of the matters which form the subject of the Order until it has rendered its
final judgment.
History of the proceedings: India filed its Request for the indication of provisional measures on 8 May
2017, the same day that it initiated proceedings against Pakistan in a dispute concerning alleged violations
of Article 36 of the Vienna Convention on Consular Relations of 24 April 1963 with respect to an Indian
national, Mr. Jadhav, sentenced to death in Pakistan.
Reasoning of the Court: The Court begins by considering whether it has jurisdiction prima facie to hear the case. It
recalls that India seeks to ground its jurisdiction in Article I of the Optional Protocol to the Vienna
Convention, which provides that the Court has jurisdiction over [d]isputes arising out of the interpretation
or application of the [Vienna] Convention. In this regard, the Court notes that the Parties do indeed appear
to have differed, and still differ today, on the question of Indias consular assistance to Mr. Jadhav under the
Vienna Convention. It further notes that the acts alleged by India, i.e., the alleged failure by Pakistan to
provide the requisite consular notifications with regard to the arrest and detention of Mr. Jadhav, as well as
the alleged failure to allow communication and provide access to him, appear to be capable of falling within
the scope of the Convention. In the view of the Court, this is sufficient to establish that it has prima facie jurisdiction
under Article I of the Optional Protocol. The Court further observes that the existence of a 2008 bilateral
Agreement between the Parties on consular relations does not change its conclusion on jurisdiction.
The Court then turns to the question whether the rights alleged by India are at least plausible. It observes that the
rights to consular notification and access between a State and its nationals, as well as the obligations of the
detaining State to inform the person concerned without delay of his rights with regard to consular assistance
and to allow their exercise, are recognized in Article 36, paragraph 1, of the Vienna Convention, and that
India has alleged violations of this provision. In the view of the Court, therefore, it appears that the rights
alleged by India are plausible.
The Court then focuses on the issue of the link between the rights claimed and the provisional measures requested. It
considers that the measures requested are aimed at ensuring that the rights contained in Article 36,
paragraph 1, of the Vienna Convention, are preserved. Therefore, a link exists between the rights claimed by India
and the provisional measures being sought.
The Court then examines whether there is a risk of irreparable prejudice and urgency. It considers that the mere
fact that Mr. Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of
a risk of irreparable prejudice to the rights claimed by India. The Court further observes that Pakistan has
indicated that any execution of Mr. Jadhav would probably not take place before the month of August 2017.
This means that there is a risk that an execution could take place at any moment thereafter, before the Court
has given its final decision in the case. The Court also notes that Pakistan has given no assurance that Mr.
Jadhav will not be executed before the Court has rendered its final decision. In those circumstances, the
Court is satisfied that there is urgency in the present case. The Court concludes by indicating the following
measures:
Pakistan shall take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision
in these proceedings and shall inform the Court of all the measures taken in implementation of the present Order. The
Court also decides that, until it has given its final decision, it shall remain seised of the matters which form the subject-
matter of this Order.
COMPOSITION OF THE COURT:- The Court was composed as follows: President ABRAHAM; Judges
Owada, Canado Trindade, Xue, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian; Registrar
Couvreur. Judge Canado Trindade appends a separate opinion to the Order of the Court; Judge Bhandari
appends a declaration to the Order of the Court.
*****

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JAPAN:
SUPREME COURT OF JAPAN AT TOKYO:
1. Case for causing [AIDS] death through negligence - (2017) 1 LAW F-201 (SC-JAP)
S.C. No. 2005 (A) 947 {Law Animated World, 15 June 2017 issue}
Judgment: Monday, 3 March 2008
Citation: (2017) 1 LAW F-201 = Keishu Vol. 62, No. 3
The HIV-Tainted Blood Case ( ) is a Supreme Court of Japan case that resulted in
a landmark decision regarding criminal responsibility for administrative negligence. It arose out of the Japanese
HIV-tainted blood scandal, refers to an event in the 1980s when between one and two thousand haemophilia
patients in Japan contracted HIV via tainted blood products. Controversy centered on the continued use of non-heat-
treated blood products after the development of heat treatments that prevented the spread of infection. Some high-ranking
officials in the Ministry of Health and Welfare, executives of the manufacturing company and a leading doctor in
the field of haemophilia study were charged for involuntary manslaughter. The Court upheld the conviction of
Akihito Matsumura, former director of the biologics division of the old Health and Welfare Ministry, for his failure to prevent the
use of HIV-contaminated blood products in the 1980s that resulted in the death of a patient. According to lower court
rulings, Matsumura caused the death of a patient with liver disease in December 1995 by failing to stop the use
of unheated blood products contaminated with HIV. The decision marks the first time that a government official has
been held criminally responsible for administrative negligence. The decision finalized a verdict of 1 year in prison, suspended
for two years, for Matsumura.

***
2. Overseas Hibakusha Case on illegal refusal of health-care benefits - (2017) 1 LAW F-208 (SC-JAP)
S.C. No. 2005 (Ju) 1977 {Law Animated World, 15 June 2017 issue}
Judgment: Thursday, 1 November 2007
Citation: (2017) 1 LAW F-208 = Minshu Vol. 61, No. 8
The Overseas Hibakusha Case, SCOJ 2005 No. 1977, was a landmark case of the Supreme Court of Japan.
The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was
illegal. The plaintiffs were 40 South Koreans who were exposed to radiation in the 1945 U.S. atomic bombing of
Hiroshima. It was the first time the Court declared a government order illegal and upheld a ruling mandating the
payment of damages. [Hibakusha means a survivor of either of the atomic explosions at Hiroshima or Nagasaki
in 1945].
Supreme Court decision: The Court's 3 main holdings: (1) "...Directive No. 402...without any explicit legal
ground...deprives an atomic bomb survivor of a legal status...only by reason of his/her departure from Japan, and
furthermore, it has a serious influence on atomic bomb survivors. in accordance with Article 1, para.1 of the
Act on State Liability for Compensation, the appellant is liable to compensate for damage that it caused to the
plaintiff by preparing and issuing Directive No. 402, which is illegal, and continuing to take the administrative
treatment resulting in forfeiture of right based on the directive. // (2) The plaintiffs, while being subject to unfair
discrimination against atomic bomb survivors, harbored various feelings such as worries about their health and
living, which were growing due to unavailability of proper medical treatment, and anger and resentment for
being forced into such circumstances and left without receiving any relief because they were residing in South
Korea. At that time, triggered by the judgment of A's Suit, a sign of hope appeared for the plaintiffs to receive
relief under the Two Acts for Atomic Bomb Survivors, but just then, Directive No. 402 was prepared and issued,
and the administrative practice based on this directive was continued after that. This made the plaintiffs feel
further stronger disappointment and anger, a sense of being discriminated, and dissatisfaction, and also feeling
irritated by their aging, the plaintiffs at last had no choice but to file this suit. // (3) This case is an extraordinary

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one in which with regard to relief for atomic bomb survivors who suffered unprecedented serious damage caused
by the atomic bombing, the appellant prepared and issued the directive based on an erroneous construction of the
relevant statutes. In light of the seriousness, magnitude, and particular nature of the mental distress that the
plaintiffs suffered before filing this suit, it is appropriate to grant each of them one million yen as compensation
for their mental distress.
***
3. Case on surveillance of Japans Muslims - (2017) 1 LAW F-233 (SC-JAP)
Second Appeal to Supreme Court {Law Animated World, 30 June 2017 issue}
Judgment: Monday, 31 May 2016
Citation: (2017) 1 LAW F-208 = Minshu Vol. 61, No. 8
Notes only: We are reproducing an Aljazeera report on this important and historic decision and the circumstances and developments leading to
this case and its final verdict.

JAPAN, 28 JUNE 2016

TOP COURT GREEN-LIGHTS SURVEILLANCE OF JAPAN'S MUSLIMS
Legal challenge to police profiling of
North Asian country's Islamic population
dismissed by Supreme Court.
Tokyo, Japan Mohamed Fujita used to host religious study groups at his home that were open to all Muslims.
But today he's afraid to invite strangers, in case they're police informants. Extensive surveillance has put many
people of his faith on edge, he says, sowing mistrust. A native of Japan who converted to Islam more than two
decades ago, Fujita was one of 17 plaintiffs in a lawsuit that challenged blanket monitoring of the country's
followers of Islam. His name has been changed in this story to protect his identity, after police documents
labelling him a possible security threat were leaked online.
"They made us terrorist suspects," he says. "We never did anything wrong - on the contrary."
Fujita's wife first noticed the couple was being followed by law enforcement in the early 2000s. He says he
would go out of his way to cooperate with officers when they would occasionally approach him. But they
eventually asked that he report on other members of his mosque and he refused. Then came the leak in 2010 of
114 police files, which revealed religious profiling of Muslims across Japan. The documents included resum-
like pages listing a host of personal information, including an individual's name, physical description, personal
relationships and the mosque they attended, along with a section titled "suspicions".
The files also showed by the time the 2008 G8 summit was held in Hokkaido, northern Japan, at least 72,000
residents from Organisation of Islamic Conference countries had been profiled - including about 1,600 public
school students in and around Tokyo.
Police in the capital had also been surveilling places of worship, halal restaurants, and "Islam-related"
organisations, the documents showed. Within a few weeks of the leak, the data had been downloaded from a file-
sharing website more than 10,000 times in more than 20 countries.
Fujita and the other plaintiffs, many of whom were originally from Middle Eastern or North African
countries, sued in the hope the courts would deem the police practices illegal. Their lawyers said police had
violated their constitutional rights to privacy, equal treatment, and religious freedom.
After two appeals, the Supreme Court dismissed the case on May 31 [2016].
[In spite of our best efforts we have not been able to get hold of a copy of the Supreme Court judgment in this
case but as the SC decision in effect confirms the lower court Tokyo District Court verdict on almost all
points, we reported the Tokyo District Court judgment as made available to us as unofficial English translation
in a reliable website in fact, it was an appendix to the complaint made by some Islamic organizations and civil
rights committees to the UN Human Rights Committee. The operative final para of the judgment runs thus:]
Given the above circumstances, the plaintiffs claim against the defendant Tokyo metropolitan government has a basis
to the following limit and is thereby granted: for each plaintiff with the exception of plaintiff 4, a sum of 5.5 million yen in

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damages as well as money accruing therefrom at an annual interest rate of 5% during a period starting from 26 July 2011
up to a date when the payment will be completed; and for plaintiff 4, a sum of 2.2 million yen in damages as well as money
accruing therefrom at an annual interest rate of 5% during a period starting from 26 July 2011 up to a date when the
payment will be completed. The remainders of their claim against the defendant Tokyo metropolitan government,
as well as their claim against defendant Japanese government, are dismissed for a lack of basis. Accordingly,
judgment is rendered as described in the main text. A declaration for the suspension of provisional execution will not be
made, as it is not proper.
***
NEW ZEALAND:
SUPREME COURT OF NEW ZEALAND AT WELLINGTON:
1. Olivia Waiyee Lee v. Whangarei District Council - (2017) 1 LAW F-41 (NZ-SC)
S.C. No. 68/2016 {Law Animated World, 15 February 2017 issue}
Judgment: Thursday, 22 December 2016
COURT: WILLIAM YOUNG, GLAZEBROOK, ARNOLD, O_REGAN AND MCGRATH JJ
Counsel: T J Rainey and J Heard for Appellant; A R Galbraith QC and F P Divich for Respondent
Citation: (2017) 1 LAW F-41 (NZ-SC) = [2016] NZSC 173
Ms Lees home, built in 2007 and early 2008, was not weathertight. On 12 August 2008 Ms Lee applied for an
assessors report under s 32(1) of the Weathertight Homes Resolution Services Act 2006 (the WHRS Act). In
October 2008 it was confirmed that the house suffered numerous weathertightness defects and that it met the
eligibility requirements under the WHRS Act for a claim to be brought. Whangarei District Council, in its
capacity as building surveyor and territorial authority, was identified as a potentially liable party.
Since 2008, Ms Lee has been involved in a number of proceedings against the Council, the builder and the
cladding installer who worked on her home. On 10 March 2010 Ms Lee sought adjudication under the WHRS
Act by applying to the Weathertight Homes Tribunal naming several respondents, including the Council. In
March 2013 Ms Lees claim was terminated on the basis of s 60(5) of the WHRS Act. This section provides that an owner
cannot initiate or continue an adjudication to the extent that the subject matter of the claim is the subject of an arbitration that
has already commenced, or of other proceedings initiated by the claimant or brought by way of counterclaim. The Tribunal
held that the subject matter of Ms Lees claim in the Tribunal was the same as in the proceedings against the
cladding company and was closely related to the subject matter of the proceedings against the builder and so
terminated her claim. On 21 May 2014, Ms Lee commenced this proceeding against the Council by filing a
statement of claim in the High Court. The High Court was of the view that the proceedings were brought out of time and
summary judgment was given in favour of the Council. This was on the basis of the Courts interpretation of s 37(1) of
the WHRS Act, which provides that the filing of an application by the owner of a dwelling-house for an
assessors report has the same effect, for the purposes of the Limitation Act 1950, as filing proceedings in a
court. Ms Lee argued that the proceedings in the High Court are to be treated as having been brought, for the purposes of s
4(1)(a) of the Limitation Act 1950, on 12 August 2008 when she applied for the assessors report. Section 4(1)(a) provides that
an action founded on tort shall not be brought after the expiration of six years from the date on which the cause
of action accrued. The High Court rejected Ms Lees argument on the application of s 37(1). This meant that
the present proceeding had to have been filed within six years of the cause of action accruing. The High Court held
that Ms Lees cause of action accrued before 21 May 2008, so she was out of time. The Court of Appeal upheld the High
Courts decision.
The Supreme Court granted leave to appeal on the question whether, pursuant to s 37(1) of the WHRS Act, the application for
an assessors report stopped the clock for limitation purposes in respect of the present proceeding. Ms Lee maintained her
argument that, because she filed an application for an assessors report before the expiry of the limitation period, s 37(1) means
that the present proceeding was also issued within time. The Council submitted that s 37(1) only applies to claims under
the WHRS Act and not to any other proceeding. The Supreme Court has unanimously allowed Ms Lees appeal.

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The Court has found that the purpose of s 37(1), in light of its text, scheme and legislative history, is to stop the clock on
limitation while the dwelling is assessed, allowing homeowners to make informed decisions about their options. To interpret s
37(1) more narrowly risks those with leaky homes falling into procedural traps where their legal claims become
time-barred while they are pursuing remedies under the WHRS Act. This would not accord with the WHRS
Acts purpose of providing leaky home owners access to speedy, flexible and cost effective procedures for both
the assessment and resolution of claims. Had s 37(1) been limited to proceedings under the WHRS Act, it would
have said so in clear language, particularly as the WHRS Act is intended to provide a scheme to benefit
consumers. Concerns of inconsistency within the WHRS Act as a result of this interpretation and open-ended
liability are unfounded. The Court has concluded that the clock was stopped for limitation purposes when Ms Lee applied
for an assessors report and her court proceedings were therefore not statute barred. Accordingly, the order for summary
judgment must be set aside.
*****
UNITED KINGDOM
Supreme Court of the United Kingdom at London:
1. R. v. Docherty (Appellant) - (2017) 1 LAW F-1 (UK-SC)
On appeal from [2014] EWCA Crim 1197 [LAW, 15 January 2017]
Date of Judgment: Wednesday, 14 December 2016 [2016] UKSC 62
JUSTICES: Lord Neuberger (President), Lord Mance, Lord Reed, Lord Carnwath, Lord Hughes
JUDGMENT: The Supreme Court unanimously dismisses Mr Dochertys appeal. Lord Hughes gives the
judgment, with which the rest of the Court agrees.
*****
UNITED STATES
Supreme Court of the United States at Washington D.C.:
1. Lawrence Eugene Shaw v. United States - (2017) 1 LAW F-25 (US-SC)
Date of Judgment: Monday, 12 December 2016 [LAW, 31 January 2017]
Petition No. No. 15-5991 on Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
Citation: 580 U.S. __ (2016) = (2017) 1 LAW F-25
No. 15-5991. Argued October 4, 2016 Decided December 12, 2016
Petitioner Shaw used identifying numbers of a bank account belonging to bank customer Hsu in a scheme to
transfer funds from that account to accounts at other institutions from which Shaw was able to obtain Hsus
funds. Shaw was convicted of violating 18 U.S.C. 1344(1), which makes it a crime to knowingly execut[e] a scheme to
defraud a financial institution. The Ninth Circuit affirmed.
Held:
1. Subsection (1) of the bank fraud statute covers schemes to deprive a bank of money in a customers
deposit account. Shaws arguments in favor of his claim that subsection (1) does not apply to him because he intended
to cheat only a bank depositor, not a bank, are unpersuasive. First, the bank did have property rights in Hsus bank deposits:
When a customer deposits funds, the bank ordinarily becomes the owner of the funds, which the bank has a right to use as a source of
loans that help the bank earn profits. Sometimes, the contract between the customer and the bank provides that the
customer retains ownership of the funds and the bank only assumes possession; even then, the bank has a
property interest in the funds because its role is akin to that of a bailee. Hence, for purposes of the bank fraud statute,
a scheme fraudulently to obtain funds from a bank depositors account normally is also a scheme fraudulently to obtain property
from a financial institution, at least where, as here, the defendant knew that the bank held the deposits, the funds
obtained came from the deposit account, and the defendant misled the bank in order to obtain those funds.
Second, Shaw may not have intended to cause the bank financial harm, but the statute, while insisting upon a scheme to
defraud, demands neither a showing that the bank suffered ultimate financial loss nor a showing that the defendant intended to

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cause such loss. This Court has found no case that interprets the statute as Shaw does. Cf. Carpenter v. United
States, 484 U.S. 19, 26. Third, that Shaw may have been ignorant of relevant bank-related property law is no defense to
criminal prosecution for bank fraud. Shaw knew that the bank possessed Hsus account, Shaw made false statements
to the bank, Shaw believed that those false statements would lead the bank to release from that account funds
that ultimately and wrongfully ended up with Shaw, and the bank in fact possessed a property interest in the
account. These facts are sufficient to show that Shaw knew that he was entering into a scheme to defraud the bank even if
he was not aware of the niceties of bank-related property law. Cf. Pasquantino v. United States, 544 U.S. 349, 355-356.
Fourth, Shaw mistakenly contends that the statute requires the Government to prove not just that he acted with the knowledge
that he would likely harm the banks property interest but also that such was his purpose. This Court has found no relevant
authority supporting the view that a statute making criminal the knowin[g] execut[ion of] a scheme to defraud requires
something more than knowledge. Allison Engine Co. v. United States ex rel. Sanders, 553 U. S. 662, 665668;
Tanner v. United States, 483 U. S. 107, 110112; United States v. Cohn, 270 U. S. 339, 343; and Bridges v.
United States, 346 U. S. 209, 221222, distinguished. Fifth, subsection (2) of the bank fraud statute, which
makes criminal the use of false or fraudulent pretenses to obtain property under the custody or control of
a bank, may overlap with subsection(1), but it does not do so completely. Thus, it should not be read as
excluding from subsection (1) applications that would otherwise fall within the scope of subsection (1), such as
the conduct at issue in this case. See Loughrin v. United States, 573 U.S. __, __, n. 4. Finally, because the bank
fraud statute is clear enough, the rule of lenity is not implicated. Pp. 28.
2. With regard to the parties dispute over whether the District Court improperly instructed the jury that a
scheme to defraud a bank must be one to deceive the bank or deprive it of something of value, instead of
one to deceive and deprive, the Ninth Circuit is left to determine whether that question was properly presented and if
so, whether the instruction given is lawful, and, if not, whether any error was harmless in this case.
Pp. 89. 781 F. 3d 1130, vacated and remanded. BREYER, J., delivered the opinion for a unanimous Court.
***
2. RAY WHITE, ET AL. v. DANIEL T. PAULY - (2017) 1 LAW F-30 (US-SC)
Date of Judgment: Monday, 9 January 2017 [LAW, 31 January 2017]
Petition No. 16-67 on Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit
Citation: 580 U.S. __ (2017) = (2017) 1 LAW F-30
this particular decision a horrible judgment that legalizes and validates a blatant coldblooded murder of an
innocent citizen by trigger-happy, bloodthirsty police officers in the name of qualified immunity. It is with reference
to such a gory killer attitudes in American police that reputed economist and writer Paul Craig Roberts
warned NEVER Call The Police They Will Kill You!
Held: PER CURIAM. This is not a case where it is obvious that there was a violation of clearly established law under Garner
and Graham. Of note, the majority did not conclude that Whites conduct such as his failure to shout a warning
constituted a run-of-the-mill Fourth Amendment violation. Indeed, it recognized that this case presents a unique
set of facts and circumstances in light of Whites late arrival on the scene. 814 F. 3d, at 1077. This alone should
have been an important indication to the majority that Whites conduct did not violate a clearly established right. Clearly
established federal law does not prohibit a reasonable officer who arrives late to an ongoing police action in circumstances like
this from assuming that proper procedures, such as officer identification, have already been followed. No settled Fourth
Amendment principle requires that officer to second-guess the earlier steps already taken by his or her fellow officers in instances like
the one White confronted here.

On the record described by the Court of Appeals, Officer White did not violate clearly established law. The Court notes,
however, that respondents contend Officer White arrived on the scene only two minutes after Officers Truesdale
and Mariscal and more than three minutes before Daniels shots were fired. On the assumption that the conduct
of Officers Truesdale and Mariscal did not adequately alert the Paulys that they were police officers, respondents
suggest that a reasonable jury could infer that White witnessed the other officers deficient performance and should have
realized that corrective action was necessary before using deadly force. Brief in Opposition11, 22, n. 5. This Court

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expresses no position on this potential alternative ground for affirmance, as it appears that neither the District
Court nor the Court of Appeals panel addressed it. The Court also expresses no opinion on the question whether
this ground was properly preserved or whether in light of this Courts holding today Officers Truesdale and
Mariscal are entitled to qualified immunity. For the foregoing reasons, the petition for certiorari is granted; the
judgment of the Court of Appeals is vacated; and the case is remanded for further proceedings consistent with this opinion. It is
so ordered.
***
3. CRYSTAL MONIQUE LIGHTFOOT ET AL. v. - (2017) 1 LAW F-34 (US-SC)
CENDANT MORTGAGE CORP., DBA PHH MORTGAGE, ET AL. [LAW, 31 January 2017]

Date of Judgment: Wednesday, 18 January 2017 Citation: 580 U.S. __ (2017) = (2017) 1 LAW F-34
Petition No. 14-1055 on Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 14-1055. Argued November 8, 2016 Decided January 18, 2017
The Federal National Mortgage Association (Fannie Mae) is a federally chartered corporation that participates in the secondary
mortgage market. By statute, Fannie Mae has the power to sue and to be sued, and to complain and to defend, in any court of
competent jurisdiction, State or Federal. 12 U.S.C. 1723a(a). When petitioners n Beverly Ann Hollis-Arrington and her
daughter Crystal Lightfootfiled suit in state court alleging deficiencies in the refinancing, foreclosure, and sale of their
home, Fannie Mae removed the case to federal court, relying on its sue-and-be-sued clause as the basis for
jurisdiction. The District Court denied a motion to remand the case to state court and later entered judgment against
petitioners. The Ninth Circuit affirmed. In concluding that the District Court had jurisdiction under Fannie Maes sue-
and-be-sued clause, the court relied on American Nat. Red Cross v. S.G., 505 U.S. 247, which it read as establishing a
rule that when a sue-and-be-sued clause in a federal charter expressly authorizes suit in federal court, it confers jurisdiction on the
federal courts.
Held: Fannie Maes sue-and-be-sued clause does not grant federal courts jurisdiction over all cases involving Fannie Mae. Pp. 616.
(a) This Court has addressed the jurisdictional reach of sue-and-be-sued clauses in five federal charters. Three clauses
were held to grant jurisdiction Osborn v. Bank of United States, 9 Wheat. 738; DOench, Duhme & Co. v. FDIC,
315 U.S. 447; American Nat. Red Cross v. S. G., 505 U.S. 247 while two were found wanting Bank of United
States v. Deveaux, 5 Cranch 61; Bankers Trust Co. v. Texas & Pacific R. Co., 241 U.S. 295. Describing the earlier
decisions as this Courts best efforts at divining congressional intent retrospectively, 505 U.S., at 252, the Court in Red Cross
concluded that those decisions support the rule that a congressional charters sue and be sued provision may be read to confer
federal court jurisdiction if, but only if, it specifically mentions the federal courts, id., at 255.
In specifically mentioning the federal courts, Fannie Maes sue-and- be-sued clause resembles the three clauses this Court has held confer
jurisdiction. But unlike those clauses, Fannie Maes clause adds the qualification any court of competent jurisdiction, 12 U.S.C. 1723a(a).
Thus, the outcome here turns on the meaning of court of competent jurisdiction. A court of competent jurisdiction is a
court with the power to adjudicate the case before it, Blacks Law Dictionary 431, and a courts subject-matter jurisdiction
defines its power to hear cases, see Steel Co. v. Citizens for Better Environment, 523 U.S. 83, 89. It follows that a court
of competent jurisdiction is a court with a grant of subject-matter jurisdiction covering the case before it. This Court has understood
that phrase as a reference to a court with an existing source of subject-matter jurisdiction. See, e.g., Ex parte Phenix
Ins. Co., 118 U.S. 610. On this understanding, Fannie Maes sue-and-be-sued clause is most naturally read not to grant federal
courts subject-matter jurisdiction over all cases involving Fannie Mae but to permit suit in any state or federal court already endowed
with subject-matter jurisdiction.
Red Cross does not require a different result. It did not set out a rule that an express reference to the federal courts
suffices to make a sue-and-be-sued clause a grant of federal jurisdiction. Rather, it restated the basic rule of
Deveaux and Osborn that a sue-and-be-sued clause conferring only a general right to sue does not grant jurisdiction to the federal
courts. 505 U. S., at 253. Pp. 611.
(b) Fannie Maes arguments against reading its sue-and-be-sued-clause as merely capacity conferring are unpersuasive. Its
alternative readings of court of competent jurisdiction are premised on the already rejected reading of Red Cross.
The prior construction canon of statutory interpretation does not apply because none of the cases on which Fannie
Mae relies suggest that Congress in 1954 would have surveyed the jurisprudential landscape and necessarily
concluded that the courts had already settled the question whether a sue-and-be-sued clause containing the phrase

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court of competent jurisdiction confers jurisdiction on the federal courts. Finally, Fannie Maes appeals to congressional
purpose do not call into question the plain text reading of its sue-and-be-sued clause. Pp. 1116. 769 F. 3d 681, reversed.
SOTOMAYOR, J., delivered the opinion for a unanimous Court.

***
4. National Labor Relations Board v. SW GENERAL Inc. - (2017) 1 LAW F-93 (US-SC)
Date of Judgment: Tuesday, 21 March 2017 [LAW, 15-31 March 2017 Spl]
Petition No. 15-1251 on Writ of Certiorari to the United States Court of Appeals for the District of Colombia Circuit
National Labor Relations Board (Petitioner) v. SW General, Inc., DBA Southwest Ambulance (Respondent).
Citation: NLRB v. SW General, Inc., 580 U.S. __ (2017) = (2017) 1 LAW F-93
No. 15-1251. Argued November 7, 2016 Decided March 21, 2017
Article II of the Constitution requires that the President obtain the Advice and Consent of the Senate before appointing
Officers of the United States. 2, cl. 2. Given this provision, the responsibilities of an office requiring Presidential
appointment and Senate confirmation (PAS office) may go unperformed if a vacancy arises and the President and Senate cannot
promptly agree on a replacement. Congress has accounted for this reality by giving the President limited authority to appoint
acting officials to temporarily perform the functions of a vacant PAS office without first obtaining Senate approval. The current
version of that authorization is the Federal Vacancies Reform Act of 1998 (FVRA). Section 3345(a) of the
FVRA permits three categories of Government officials to perform acting service in a vacant PAS office.
Subsection (a)(1) prescribes the general rule that, if a vacancy arises in a PAS office, the first assistant to that
office shall perform the offices functions and duties temporarily in an acting capacity. Subsections (a)(2)
and (a)(3) provide that, notwithstanding paragraph (1), the President may direct a person already serving in
another PAS office, or a senior employee in the relevant agency, to serve in an acting capacity instead. Section
3345 also makes certain individuals ineligible for acting service. Subsection (b)(1) states: Notwithstanding
subsection (a)(1), a person may not serve as an acting officer for an office under this section if the President
nominates him for the vacant PAS office and, during the 365-day period preceding the vacancy, the person did
not serve in the position of first assistant to that office or served in [that] position for less than 90 days.
The general counsel of the National Labor Relations Board (NLRB or the Board) is a PAS office. In June 2010,
a vacancy arose in that office, and the President directed Lafe Solomon to serve as acting general counsel.
Solomon qualified for acting service under subsection (a)(3) of the FVRA, because he was a senior employee at
the NLRB. In January 2011, the President nominated Solomon to serve as the NLRBs general counsel on a
permanent basis. The Senate never took action on the nomination, and the President ultimately withdrew
Solomons name in favor of a new candidate, whom the Senate confirmed in October 2013. Throughout this entire
period Solomon served as the acting general counsel to the NLRB.
In January 2013, an NLRB Regional Director, exercising authority on Solomons behalf, issued an unfair
labor practices complaint against respondent SW General, Inc. An Administrative Law Judge concluded that SW
General had committed unfair labor practices, and the NLRB agreed. SW General sought review in the United
States Court of Appeals for the District of Columbia Circuit, arguing that the complaint was invalid because,
under subsection (b)(1) of the FVRA, Solomon could not perform the duties of general counsel to the NLRB
after having been nominated to fill that position.
The NLRB countered that subsection (b)(1) applies only to first assistants who automatically assume acting
duties under subsection (a)(1), not to acting officers who, like Solomon, serve under (a)(2) or (a)(3). The Court of
Appeals vacated the Boards order. It concluded that the prohibition on acting service by nominees contained in subsection (b)(1)
applies to all acting officers, regardless of whether they serve pursuant to subsection (a)(1), (a)(2), or (a)(3). As a result,
Solomon became ineligible to perform the duties of general counsel in an acting capacity once the President
nominated him to fill that post.
HELD:
1. Subsection (b)(1) of the FVRA prevents a person who has been nominated to fill a vacant PAS office from
performing the duties of that office in an acting capacity. The prohibition applies to anyone performing acting service

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under the FVRA. It is not limited to first assistants performing acting service under subsection (a)(1). Pp. 8-18. (a) The text of
the FVRA requires this conclusion. Pp. 8-14. (b) Because the text is clear, the Boards arguments about legislative
history, purpose, and post-enactment practice need not be considered. In any event, its arguments are not compelling.
2. Applying the FVRA to this case is straightforward. Subsection (b)(1) prohibited Solomon from continuing his
service as acting general counsel once the President nominated him to fill the position permanently. The President could have
appointed another person to serve as acting officer in Solomons place, but did not do so. P. 18.
796 F. 3d 67, affirmed.
ROBERTS, C. J., delivered the opinion of the Court, in which KENNEDY, THOMAS, BREYER, ALITO,
and KAGAN, JJ., joined. THOMAS, J., filed a concurring opinion. SOTOMAYOR, J., filed a dissenting
opinion, in which GINSBURG, J., joined.
***

5. Endrew F. v. Douglas County School Dist. Re-1 - (2017) 1 LAW F-113 (US-SC)
Date of Judgment: Wednesday, 22 March 2017 [LAW, 15-31 March 2017 Spl]
Petition No. 15-827 on Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit
Citation: Endrew v. Douglas County School District Re-1, 580 U.S. __ (2017) = (2017) 1 LAW F-113
No. 15-827. Argued January 11, 2017 Decided March 22, 2017
The Individuals with Disabilities Education Act (IDEA) offers States federal funds to assist in educating
children with disabilities. The Act conditions that funding on compliance with certain statutory requirements, including the
requirement that States provide every eligible child a free appropriate public education, or FAPE, by means of a uniquely
tailored individualized education program, or IEP. 20 U.S.C. 1401(9)(D), 1412(a)(1). Held: To meet its
substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress
appropriate in light of the childs circumstances. Pp. 916.
798 F. 3d 1329, vacated and remanded. ROBERTS, C. J., delivered the opinion for a unanimous Court.

*****
6. ELIJAH MANUEL v. CITY OF JOLIET, ILLINOIS, ET AL. - (2017) 1 LAW F-122 (US-SC)
Date of Judgment: Tuesday, 21 March 2017 [LAW, 15-31 March 2017 Spl]
Petition No. 14-9496 on Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit
Citation: Manuel v. Joliet, 580 U.S. __ (2017) = (2017) 1 LAW F-122
No. 14-9496. Argued October 5, 2016 Decided March 21, 2017
Held: 1. Manuel may challenge his pretrial detention on Fourth Amendment grounds.
2. On remand, the Seventh Circuit should determine the claims accrual date, unless it finds that the
City has previously waived its timeliness argument. In doing so, the court should look to the common
law of torts for guidance, Carey v. Piphus, 435 U.S. 247, 257-258, while also closely attending to the
values and purposes of the constitutional right at issue. The court may also consider any other still-live
issues relating to the elements of and rules applicable to Manuels Fourth Amendment claim.
Pp. 1115. 590 Fed. Appx. 641, reversed and remanded.
KAGAN, J., delivered the opinion of the Court, in which ROBERTS, C.J., and KENNEDY, GINSBURG,
BREYER, and SOTOMAYOR, JJ., joined. THOMAS, J., filed a dissenting opinion. ALITO, J., filed a
dissenting opinion, in which THOMAS, J., joined.
*****

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INDIA:
SUPREME COURT OF INDIA AT NEW DELHI:
1. State of Telangana v. Habeeb Abdulah Jeelani & Ors. - (2017) 1 LAW ISC-1
CRIMINAL APPEAL No. 1144 of 2016 {LAW, 15 January 2017 issue}
{@ Special Leave Petition (Crl.) No. 5478 of 2015}
Date of Judgment: Friday, 6 January 2017
CORAM: DIPAK MISRA, J., AMITAVA ROY, J.
The seminal issue considered in this appeal is as to whether the High Court while refusing to
exercise inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) to interfere in
an application for quashment of the investigation, can restrain the investigating agency not to arrest the
accused persons during the course of investigation. The Court clarifying that it is a well-settled
proposition of law that what cannot be done directly, cannot be done indirectly, and while exercising a
statutory power a court is bound to act within the four corners thereof; and also noting that inherent
powers do not confer an arbitrary jurisdiction on the High Court to act according to whim or caprice
and that statutory power has to be exercised sparingly, with circumspection and in the rarest of rare
cases, held that though the High Court could quash the FIR in certain cases per well-known parameters,
it cannot direct the investigating agency not to arrest the accused even while itself declining to quash
the FIR.
***
2. Ajay Singh and Anr., etc. v. State of Chattisgarh & Anr. - (2017) 1 LAW ISC-09
CRIMINAL APPEAL Nos. 32-33 of 2017 {@ Special Leave Petition (Crl.) Nos. 7694-7695 of 2016}
Date of Judgment: Friday, 6 January 2017 {LAW, 15 January 2017 issue}
CORAM: DIPAK MISRA, J., AMITAVA ROY, J.
This is an important decision which clarifies/underscores that lower courts should conform to procedure
laid down by Section 353 Cr.P.C. in delivering judgments and mere reading out orders of conviction or
acquittal without reasons stated and the judgment being ready would not do. Even the High Courts
practice of pronouncing the orders first and stating reasons would follow has been deprecated. It was
clarified that in such cases, High Courts are competent to take remedial action under Article 227 of the
Constitution on the administrative side also.
***
3. Union of India & Ors. v. Col. Chander Ballabh Sharma - (2017) 1 LAW ISC-17
Transfer Case (Civil) No. 43 of 2015 {LAW, 31 January 2017 issue}
Date of Judgment: Thursday, 12 January 2017
CORAM: DIPAK MISRA, J., PRAFULLA C. PANT, J.
The Apex Court, in this important TELECOM SPECTRUM AUCTION case, has emphasized that
judicial review of administrative action in such a matter would be very sparing and confined to
situations vitiated by obnoxious arbitrariness or obvious malice. The inviters of tender are entitled to
certain privileges of interpreting the terms and conditions of the tender and more so if the tenders
involve matters of complex commercial and scientific proceedings and require high level of experts
consultation and advice. The principle of legitimate expectation cannot be canvassed in a situation
where larger public interest is involved and in the instant case it cannot be said there was no

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competitive bidding at all. The issue of capping the spectrum in certain MHz bands was also justified to
prevent monopoly and to give room to small players. The earlier directions of the Apex Court in the 2G
case were complied with and spectrum, a natural resource held by the government in public trust, has
been regularly auctioned in the previous years and this time also the auctioning process cannot be
found fault with. As such the Supreme Court refused to interfere in exercise of its judicial review
powers.
***
4. Jagadamba Devi v. Union of India & Ors. - (2017) 1 LAW ISC-45
Writ Petition (Civil) No. 4 of 2016 / Date of Judgment: Tuesday, 31 January 2017 {LAW, 31 January 2017}
CORAM: DIPAK MISRA, J., R. BHANUMATHI, J.
This is a decision which denies freedom fighters pension to a freedom fighter who was absconding
arrest for more than 2 years but served in jail only for 13 days, on the ground that there are no
certificates produced even to say no records available. The Court seems to have adopted a hyper-technical
approach; the Court could have, suo motu, tried to find out when the warrant against him was issued and from
that date could have reckoned the absconding period or in case the authorities failed to produce such
warrant treated it as no records available case.
***
5. Nidhi Kaim & Anr. v. State of Madhya Pradesh & Ors. - (2017) 1 LAW ISC-49
Criminal Appeal Nos. 1727 of 2016 {LAW, 15 February 2017 issue}
Date of Judgment: Monday, 13 February 2017
CORAM: JAGDISH SINGH KHEHAR, C.J.I., KURIAN JOSEPH, J., ARUN MISHRA, J.
A three-Judge bench of the Supreme Court, in this landmark decision on what is generally known as
the VYAPAM MEDICAL SEATS SCAM, has refused to exercise its inherent powers under Article
142 of the Constitution of India to render complete justice to the erring students who had by the time
the former Division Bench judgment was rendered either completed their MBBS course or a substantial
part of it. It is clarified that powers under Article 142 can only be exercised if the same is not contrary
to the patent statutory provisions controlling the situation in this regard and to aid a helpless victim but
never to support and save the conscious and willing participants in a fraud of immense magnitude. It
was stressed that Truthful conduct, must always remain the hallmark of the rule of law. The
jurisdiction exercisable by this Court under Article 142, cannot ever be invoked, to salvage, and
legitimize acts of fraudulent character and that If, we desire to build a nation, on the touchstone of
ethics and character, and if our determined goal is to build a nation where only the rule of law prevails,
then we cannot accept the claim of the appellants. I differ and feel that a suo motu review by a
larger bench is essential in this context.
***
6. Reshma Anil Bhosale v. Maharashtra Election Commission & Ors. - (2017) 1 LAW ISC-87
Civil Appellate Jurisdiction/Special Leave Petition (Civil) No. CC No. 3350 of 2017 {LAW, 15 February 2017}
Date of Judgment: Monday, 13 February 2017
CORAM: J. CHELAMESWAR, J., ABHAY MANOHAR SAPRE, J.
This short but cogently reasoned order clarifies the situation in, and grounds on, which Special
Leave Petitions for appeal can be entertained in its discretion by the Apex Court to meet the ends of
justice.
***

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7. State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat & Ors. - (2017) 1 LAW ISC-89
Civil Appeal Nos. 4937-4940 of 1998 [Constitution Bench/anti-cow slaughter] {LAW, 15-31 March 2017 special issue}
Date of Judgment: Wednesday, 26 October 2005
CORAM: R.C. LAHOTI, C.J.I., B.N. AGARWAL, J., ARUN KUMAR, J., G.P. MATHUR, J., A.K.
MATHUR, J., C.K. THAKKER, J., P.K. BALASUBRAMANYAN, J.
This is a seven-Judge Bench decision of the Supreme Court of India delivered on 26 October 2005
a landmark judgment which has to an extent overruled, or perhaps it would be better to say gone beyond, the
five-Judge Constitution Bench of 1958 in Quareshi-I which was an irrefutable precedent stare decisis for decades.
The only point on which this decision goes beyond the old Constitution Bench decision is that it legitimizes even total
prohibition of slaughter of all milch and draught cattle, even if the butchers community may suffer some loss to its
business due to that. In a way this decision facilitates the enforcement of the directive principle of state policy
regarding prohibition of slaughter of cows and other milch and draught cattle, if the legislature concerned
should, in facts and circumstances of the cases, find that it would not be detrimental to society and not
so burdensome to the butchers community either if any total prohibition were to be imposed by
banning slaughter of the targeted milch or draught cattle, irrespective of the cattles age. However, I
feel the most harmonious way to impose any total ban on slaughter of cows and other milch and
draught cattle would be for the Parliament to declare Cow as the national animal, which I think will be
widely welcomed by most of the parliamentarians and people of the country too, which then would
give all the necessary moral and spiritual image and support for that cause and also cannot in any way
be rationally objected to by the minority communities of whatever denomination.
***
8. State through CBI v. Kalyan Singh (former CM, U.P.) & Ors. [Babri Masjid case] - (2017) 1 LAW ISC-133
Criminal Appeal No. 751 of 2017 (@Special Leave Petition (Crml.) No. 2275 of 2011) {LAW, 30 April 2017}
Date of Judgment: Wednesday, 19 April 2017
CORAM: PINAKI CHANDRA GHOSE, J., R.F. NARIMAN, J.
This is a historic decision by the Apex Court in CBIs appeal against the Allahabad High Court
Judgment dismissing a revision challenging the trial courts dropping of proceedings against 21
accused including top BJP leaders Adwani, Murli Manohar Johi, et al in the well-known Babri Masjid
destruction case. Contrary to the holding of the High Court that the charges of criminal conspiracy
against the 8 main leaders of the BJP was not advanced by the prosecution, the Apex Court found that
in the supplementary charge sheet filed by the CBI regarding the same matter this charge was also laid
and hence in view of the earlier orders of the High Court that if a defect in the notification issued by the
State Government was cured the charges could be sustained but the State Government refused to cure
the defect and also the CBI instead of challenging that rejection has filed a revision and lost in the High
Court, the Apex Court using its extraordinary powers under Article 142 hereby directed that the entire
criminal case now in two compartments - at Lucknow and at Rae Bareilly could be tried by the
Special Court at Lucknow itself, saying nothing prevents us from utilizing our power under Article
142 to transfer a proceeding from one Criminal Court to another Criminal Court under the same High
Court as Section 406 [Cr.P.C.] does not apply at all, the Supreme Court allowed the appeal thereby
reviving the criminal charges against Sri Adwani, Murli Manohar Joshi and others, and also directing
the trial court to hear the case on a day-to-day basis and complete the trial speedily. There is also an
interesting discussion distinguishing the powers of the Apex Court under Articles 141 and 142.
***

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9. Common Cause: A Registered Society v. Union of India [Lokpal Act] - (2017) 1 LAW ISC-145
Writ Petition (Civil) No. 245 of 2014 {LAW, 30 April 2017 issue}
Date of Judgment: Thursday, 27 April 2017
CORAM: RANJAN GOGOI, J. , NAVIN SINHA, J.
This is an important, topical decision by the Supreme Court of India which clarifies that simply
because the Government of India contemplated some amendments in an Act and the process is stalled
or delayed but the original Act has been notified long back and there are no obstructions in enforcing
the Act for the present on as is basis, there is no reason why the Government should not proceed to
enforce the Act in the meanwhile. More particularly, this deals with the Lokpal and Lokayuktas Act
2013 which remains a dead letter as no Lokpal is appointed so far on the plea that no Leader of
Opposition is designated in the present Lok Sabha and on the misconception that unless amendments to
the Act are made to cure that defect no further steps could be taken. The Court clarified that the
existing Act and Rules framed thereunder are amply clear that even if a vacancy be there in the search
committee constituted for selecting the candidate for Lokpal it does not bar the proceedings and as such
there is no reason for the Government not to proceed further by constituting and working such search
committee and thereby implied that a Lokpal could be appointed on that basis. The Court concluded:
the Act as it stands today is an eminently workable piece of legislation and there is no justification to
keep the enforcement of the Act under suspension till the amendments, as proposed, are carried out.
***
10. Just Society v. Union of India [Lokpal Act] - (2017) 1 LAW ISC-155
TRANSFERRED CASE (C) No. 25 of 2015 {LAW, 30 April 2017 issue}
Date of Judgment: Thursday, 27 April 2017
CORAM: RANJAN GOGOI, J., NAVIN SINHA, J.
This, in my opinion, is a ridiculous writ petition which contends that as primacy has not been
accorded to the Chief Justice of India in the Lokpal and Lokayuktas Act, the related provisions of the
Act are unconstitutional as being violative of Articles 14 and 50 of the Constitution of India, and the
same is rightly dismissed by the Apex Court. limiting the choice of Chairperson of Lokpal to a
person who is or was the Chief Justice of India is itself quite bad. Also the surfeit of Judicial members
in Lokpal is unwarranted. The primacy given to Chief Justice of India/Supreme Court Judge, I
find not proper; at least from such institutions Judges should be excluded from leadership and primacy.
An eminent person with impeccable integrity and outstanding ability will do for being a chairperson
and also the reservations categorized are bad. Out of misguided public policy the Parliament might
have enacted such a legislation but I would like to see it fully out of any class/casteist mess which, in
my opinion, is ruining our country.
***
11. Justice Sunanda Bhandare Foundation v. Union of India & Anr. - (2017) 1 LAW ISC-157
WRIT PETITION (CIVIL) No. 116 of 1998 {LAW, 30 April 2017 issue}
Date of Judgment: Tuesday, 25 April 2017
CORAM: DIPAK MISRA, J., A.M. KHANWILKAR, J., MOHAN M. SHANTANAGOUDAR, J.
In this interlocutory order the Apex Court has given guidelines for, and directions to file compliance
reports on, implementation of various beneficial provisions of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995, now though repealed, is
transformed and consolidated into The Rights of Persons with Disabilities Act, 2016. Such guidelines

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and directions are quite essential as, let alone conferring any special benefits, even basic necessities
not only for disabled persons, but also for senior citizens, women and children, especially health-wise
disabled among them, are not provided by the current governments for example, to board and alight
city buses or to cross platforms in a railway station, etc. One can only imagine the enormous troubles
such persons have to undergo for even catching a train or a bus, paying their own moneys for necessary
charges.
***
12. Government of N.C.T. of Delhi v. Manav Dharam Trust and another. - (2017) 1 LAW ISC-169
Civil Appeal No. 6112 of 2017; Date of Judgment: Thursday, 4 May 2017 {15 May 2017 issue}
CORAM: KURIAN JOSEPH, J., R. BANUMATHI, J.
This is an important quite recent decision on Land Acquisition law in India which takes into account
the significant changes made in the process of land acquisition and the rights and entitlements of
landowners as also persons interested in that regard where private lands are sought to be acquired for
public purposes by the governments concerned through the radically altered law titled The Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(for short the 2013 Act). It notes that unlike the old 1894 Act, in this 2013 Act the term person
interested has been given a much wider meaning under Section 3(x) thereof. As such, when the
question is as to whether a subsequent purchaser of land, which was under acquisition from a
landowner and was vested in and taken possession of by the government, could challenge the
acquisition proceedings at all, that is whether he has any locus standi except to protect his interests as a
purchaser and claim full or part in compensation only, the Apex Court recognizing that the earlier
settled law as per well-established precedents was to deny the subsequent purchaser any such rights and
locus standi, opined that in the new Act the wide definition of person interested embraces the
subsequent purchaser too and so he can litigate the issue of lapse of acquisition proceedings.
***
13. Vasanta Sampath Dupare v. State of Maharashtra - (2017) 1 LAW ISC-179
Review Petition (Crl.) Nos. 637-638 of 2015 in {Law Animated World, 15 May 2017}
Criminal Appeal Nos. 2486-2487 of 2014 Date of Judgment: Wednesday, 3 May 2017
CORAM: DIPAK MISRA, J., ROHINTON FALI NARIMAN, J., UDAY UMESH LALIT, J.
This is a detailed and well-discussed decision on the question of death penalty and the assessment of
both the aggravating factors and mitigating circumstances in course of confirming the death sentence
on any convict. It has been particularly stressed that not only the trial and conviction part but also the
sentencing part in regard to trials in heinous and serious crime cases should be through transparent
proceedings and the accused/convict ought to be accorded all reasonable opportunities to be heard and
to produce evidence not only on his innocence but also on the mitigating circumstances which could
bring him a relief in sentencing. However, in the instant case, the Court found the crime very brutal and
committed in a barbaric and blood-curdling manner, especially when a middle aged man raping and
horribly battering to death a 4-year old innocent baby was taken into account. His subsequent good
conduct in jail after his conviction and sentencing to death could not be a proper/sufficient mitigating
circumstance, especially in view of no remorse expressed by him at the trial and no mitigating
circumstances found either by the trial court/appellate High Court which had fully gone into and
assessed the entire evidence. As such, the Apex Court dismissed the convicts review petitions,
affirming the High Court judgment and in solidarity with the cry for justice of the victim/society.
***

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14. State of Maharashtra & Ors. v. Sangharaj Damodar Rupawate & Ors. - (2017) 1 LAW ISC-193
Criminal Appeal No. .. of 2010 {31 May 2017 issue}
{Arising out of S.L.P. (C) No. 8931 of 2007} Date of Judgment: Friday, 9 July 2010
CORAM: D.K. JAIN, J., H.L. DATTU, J.
In the context of the article reviewing the controversial book Shivaji: A Hindu King in Islamic
India, by James Laine, reproduced in this issue, we thought it would be better to report the judgments
by the Supreme Court of India concerning this book whereby the Court struck a blow for freedom of
speech and expression, and set aside the ban on the book. The Apex Court in the decision below notes
that in a previous judgment by it on a criminal case filed against the books writer and publisher, viz.,
Manzar Sayeed Khans case, the FIR registered against Prof. James W. Laine and others was quashed
and it was held that the offending articles in the book do not constitute an offence under S. 153-A IPC,
and so the entire edifice of the impugned notification being based on the registration of the said FIR,
gets knocked off. The Apex Court further observed that manifestly the notification does not identify the
communities between which the book had caused or is likely to cause enmity, and, as such, no fault can
be found with the finding of the High Court that there is nothing on record on the basis whereof the
Government could form the opinion that the book was likely to promote disharmony or feeling of
enmity between various groups or likely to cause disturbance to public tranquility and maintenance of
harmony between various groups. Accordingly, the High Court judgment that the impugned notification
of forfeiture, dt. 20 December 2006, does not fulfil the mandatory requirements of ss (1) of S 95 of the
Code and so, is invalid, has been confirmed.
***
15. Manzar Sayeed Khan v. State of Maharashtra & Anr. - (2017) 1 LAW ISC-204
CRIMINAL APPEAL No. 491of 2007 {31 May 2017 issue}
{Arising out of S.L.P. (Crl.) No. 2373 of 2004} Date of Judgment: Thursday, 5 April 2007

CORAM: K.G. BALAKRISHNAN, J., LOKESHWAR SINGH PANTA, J., D.K. JAIN, J.

This is an important decision of the Apex Court in which the law relating to charges of promotion of
ill-feelings between various communities/groups etc. under Sections 153, 153A and 34 of IPC has been
discussed in detail, that in the context of the need to protect and promote the fundamental right of
freedom of speech too. In the facts and circumstances relating to the impugned book Shivaji: A Hindu
Ruler in Islamic India by James Laine, it was noted that the author has evidenced much study and
diligence in collecting facts relating to those times and was assisted by reputed research and archival
institutions like the Bhandarkar Institute, Pune, and it was purely a scholarly pursuit on his part. It was
also observed that the matter complained of within the ambit of Section 153A must be read as a whole.
Further, the effect of the words must be judged from the standards of reasonable, strongminded, firm
and courageous men, and not those of weak and vacillating minds, nor of those who scent danger in
every hostile point of view. By those standards, finding nothing inculpatory in the book, the Court
quashed the FIR against the writer.
***

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16. Satya Pal Anand v. State of Madhya Pradesh & Ors. - (2017) 1 LAW ISC-209
Civil Appeal No. 6673 of 2014 {Law Animated World, 30 June 2017}
Date of Judgment: Wednesday, 26 October 2016
CORAM: RANJAN GOGOI, J., PRAFULLA C. PANT, J., A.M. KHANWILKAR, J.
This is a landmark decision by a three-Judge bench of the Supreme Court, necessitated by the
difference in opinion in a two-Judge Bench in which while Justice Dipak Misra confirmed the appealed
High Court judgment, Justice Gopal Gowda not only allowed it but also granted a compensation of Rs.
10 lakhs to the appellant. Justice Gopal Gowda was pleased to take a humane and liberal approach in
the matter and noticing the deficiencies in the existing registration law tried to fill up the vacuum spots
by proactive interpretation and also recourse to the provisions of the contract act which ordains that the
consent of both parties is essential for the execution or registration of any valid conveyance. But, the
three-Judge Bench was more inclined towards a conservative approach and the traditional view that
registering officer has and so can exercise no quasi-judicial powers and has to work more like an
automaton if the documents presented and person registering a deed are in order without enquiring into
the veracity of the title or even contents of the document. We are not impressed by such hyper-
technical common-course approach by a constitutional court which needs to think and actively even
proactively in interpreting any statute or its provisions to reach equity and justice to the public at
large as also to supply the vacuums and cure the defects in law to certain extent as to harmonize its
connection to the purpose for which it is made here it was to inculcate certain confidence in the
public to freely and fearlessly proceed with their transactions basing on the knowledge, wisdom and
controlling powers of a welfare state. This editor is in agreement with Justice Gopal Gowdas opinion
and suggests, and feels the Court ought to have also suggested, that our country should switch over
from the current documents-registration system to one of title-registration that can be much reassuring
and beneficial to the people, enabling them to conduct their transactions in a hassle-free manner.
*****

IN RETROSPECT
{Sagas of heroism and sacrifice of Indian revolutionaries during freedom struggle}
Collected and Edited by: I. MALLIKARJUNA SHARMA
5 volumes (7 books) running to about 2200 1/8 demy pages
Rare and precious interviews of several revolutionary freedom fighters - colleagues of Bhagat
Singh like Shiv Varma, Jaidev Kapur, Durga Bhabi; deputies of martyr Surya Sen such as Sjt.
Benode Behari Dutta, Sahay Ram Das; veteran fighters of Telangana Armed struggle like Sri
B.N. Reddy, Omkar, Mallu Swarajyam; founders of communist movement in India and Andhra
like Sri SA Dange, SG Sardesai, Kambhampati Satyanarayana, et al; of selfless intellectuals such
as Sri Vavilala Gopalakrishnaiah, Dr. A.R. Desai et al; of several women leaders and fighters
like Dr. Lakshmi Sahgal of INA, Bina Das, Kamala Mukherji, et al incorporated.
Entire set at a deep-discounted price of Rs. 1500/- (for individuals only).
Contact: I. BALAMANI, RAVI SASI ENTERPRISES,
H.No. 6-3-1243/156, M.S. Makta,
Opposite Raj Bhavan, HYDERABAD - 500 082.
Ph: 040 - 23300284; E-mail: mani.bal44@gmail.com

Law Animated World, 30 June 2017: General Index for V 13: P 1 58

(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
(Carried from p. 34)
out in Japan by radical Islamist groups, with even the
possibility of several hundred to thousands of civilian
deaths. Even more, considering that the terrorist
incidents found in above (c) ii had all been
carried out with the involvement of multiple
individuals, preparing explosives etc. in advance,
and targeting crowded areas with simultaneous or
successive blasts, and particularly that several of
the September 11th attackers had been residing in
the US for over a year amongst the general public
until execution of the terrorist plot, it is clear that
these attacks were put into action by multiple terrorists,
covertly and with a substantial preparatory period,
deliberately concealing themselves within society, and
pretending to lead ordinary everyday lives, all the while
plotting their operation secretly and meticulously. Yet
the reality is that terrorist incidents are frequently
occurring around the world. Adding to this the
fact that recently, there are indications of home-
grown terrorists undergoing transformation
through contact with radical groups over the
Internet or at prisons and religious institutions
(above (c) ii(viii), iv), it should be said that it is
not an easy task to prevent in advance acts of
international terrorism by obtaining information about
terrorist incidents before the fact, or detecting terrorists
hiding amongst the general public. Finally, as in the
above (iv), for Muslims mosques have a significance
not only in a religious sense but also as a space for
communal interaction, and there are indications that
recruitment etc. by radical Muslims at religious
institutions is one of the possibilities contributing to the
process of radicalisation, and in reality, it is
suggested that the perpetrators of terrorist incidents in
the UK and Canada were recruited while attending
mosques. Therefore, the early detection, for the
prevention of international terrorism, of terrorists
under the guise of ordinary citizens, necessitates an
assessment of how Muslims constitute and run their
communities. And it follows that there is no other
way to discern whether one is a peaceful Muslim or a
terrorist belonging to a radical Islamic group other than
to make presumptions from various circumstances
observable from external manifestations such as their
participation, if any, in religious ceremonies or
educational activities, and the position they hold
in the religious community, which requires the
59
F-245
monitoring continuously to a certain degree of the
state of their activities, through approaching or in some
cases entering mosques.
v. Thus, given the real risks of international terrorist
attacks taking place in Japan, the seriousness of the
damage once such an act of international terrorism
happens, and the complications in early detection and
prevention due to its covert nature, assessing the
current circumstances of mosque attendees through the
Mosque Monitoring Activities and other Information
Gathering Activities should be regarded as necessary
activities for the police, whose duty is to maintain public
safety and order, including the deterrence of crime, to
prevent the occurrence of international terrorism.
Lastly, adding to this a consideration of the
courses that past incidents of international
terrorism have taken, the fact that the Information
Gathering Activities primarily target Muslims and that
the collected information encompass matters with a
religious aspect, namely, comings and goings at
mosques, does not take issue with the content of
followers religious faith in Islam in and out of itself, but
is instead due to the objective of preventing harm to the
general public by detecting and guarding against
international terrorism by radical Muslims, by directing
attention to the historic realities such as that radical
Islamists, an extremely small subset of Muslims, have
perpetrated acts of international terrorism, and that
recruitment etc. has been conducted at religious
institutions by radical Islamic groups, and not with the
intention of meddling in the spiritual and religious
aspects of Muslims. The Mosque Monitoring
Activities, as elaborated above, merely recorded
external acts the plaintiffs comings and goings
at mosques through personal visits by agents,
and as explained in above (1)C, there were no
acts amounting to coercion regarding the said
records, and moreover, effects on the freedom of
religion, if any, did nothing more than invite a
sense of repulsion toward the presence of police
officers in and around the mosques. To
summarise, the Information Gathering Activities, even
if they partially affected some of the plaintiffs religious
activities, were necessary and inevitable measures for
the prevention of international terrorism, and did not
violate Article 20 of the Constitution or its derivative,
Article 84 of the Religious Corporations Act.
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F-246 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
(3) On whether the Information Gathering
Activities violate Article 14 of the Constitution
A) The plaintiffs allege that the Information
Gathering Activities target Muslims by exclusively
directing attention to their religious affiliation, and
thereby constitute discrimination based on creed that
is prohibited by the second sentence in Article 14 Clause
1 of the Constitution.
a) To be sure, of the Data, the document titled
Outline for Reinforcing Reality Assessments (1
of Exhibit A-1) states that Muslims with
nationalities of the Organisation of Islamic
Conference (OIC) countries and others are
Targets of Reality Assessments, and
accordingly, it can be held that the police, at least at
the preliminary stage, determined subjects of the reality
assessment by directing attention to whether or not they
were Muslims. Therefore, the fact that they had made
a distinction in treatment by focusing on faith on this
point cannot itself be denied. Further, as Article 14(1)
of the Constitution is interpreted as prohibiting
discriminatory treatment unless there are reasonable
grounds corresponding to the nature of the matter
(Supreme Court 27 May 1964 Grand Bench, Civil
Cases in the Supreme Court, Volume 18, Issue 4,
Page 676 ; Supreme Court 4 April 1973 Grand
Bench, Criminal Cases in the Supreme Court,
Vol. 27, Issue 3, Page 265 et alibi.) As the second
sentence explicitly disallows discrimination by reason of
creed, and in view of the importance of religious
freedom as one of the spiritual freedoms guaranteed by
the Constitution, it is necessary to examine closely
whether or not there is reasonable cause for separate
treatment on the basis of religion.
b) Upon analysis, (i) the Information Gathering
Activities primarily targeted Muslims and
collected information touching on the comings
and goings at mosques, a matter with a religious
aspect, not by taking issue with Muslims faith
itself, but instead by directing attention to the
historic realities of international terrorism, and
with the intention of preventing harm to the
general public by detecting and guarding against
international terrorism by radical Muslims, as
opposed to meddling in the spiritual and religious
aspects of Muslims; (ii) assessing the plaintiffs
religious activities etc. including circumstances of
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60
(2017) 1 LAW
their mosque attendance through the Information
Gathering Activities was a necessary activity for
the prevention of international terrorism
belonging within police duties; and (iii) what
effect this had upon religious liberties of the
plaintiffs, if any, remained within the realm of
repulsion against the presence of police officers
in and around the mosques, as elaborated in the
above (2)B(e).
c) It then follows that even considering that
distinctions were made in this case based on creed as
explicitly listed in the second sentence of Article 14(1) of
the Constitution, and the weight that freedom of
religion carries as one of the freedoms of spirit,
the different treatment had reasonable cause, and did
not violate the clause in question.
B) The plaintiffs allege that despite Article 14 of the
Constitution guaranteeing the right not to be
discriminated against, and the State owing a duty not to
promote discrimination when engaging in conduct with
the effect of promoting discrimination, the Information
Gathering Activities were based on prejudice that
Muslims are terrorists or have a high possibility of
being one, and amounted to the State conveying a
discriminatory message, thereby having the effect of
promoting discrimination against Muslims, and violating
the plaintiffs right not to be discriminated against.
However, as the distinctive treatment in the
Information Gathering Activities has reasonable
grounds as explained in above A, and as it is clear
from the format etc. that the information collected
by the said activities was not expected to be
disclosed to the outside world, it cannot be said that
the Information Gathering Activities in themselves give
off a discriminatory message on part of the State.
On this point, the plaintiffs allege that even if it
remains information collected and stored by the police,
the danger of leaks is omnipresent, and once a leak does
take place, it sends a strong message to the public that
the police treat Muslims in a discriminatory matter.
Yet this points back to the illegality of allowing the
leak, and cannot form a basis for the unconstitutionality
or illegality of the Information Gathering Activities as
strictly construed.
Further, the plaintiffs allege that in light of
Articles 13 and 14 of the Constitution, the
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
plaintiffs have a legal interest in not being treated
in a discriminatory manner by the State, which
was violated by the Information Gathering
Activities, but this line of argument cannot be
accepted in light of the above explanations.
Therefore, the plaintiffs above arguments cannot be
accepted.
(4) On whether or not the Information Gathering
Activities violate the freedom of not having
information regarding the content or activities
of ones faith collected and managed by
government institutions without just reason
(Article 13 of the Constitution)
A)
a) That some plaintiffs had their access to
mosques or participation, if any, in religious
ceremonies and educational activities noted in
their Rsum-like Pages, or their missionary
passion specifically noted in the Suspicions
section of the Identification and Suspicions
Pages, were found in above (1)B. Not only do
these entries suggest that they are Muslims; they
go further by indicating the strength of their
convictions. Whatever thoughts or beliefs that a
person holds are matters that directly affect an
individuals interior world and personal autonomy, and
is a type of information that is ordinarily unexpected to
be disclosed without consent in social life.
b) However, that the prior prevention of
international terrorism necessitates assessment of
the realities surrounding mosque attendees, and
the fact that this can only be achieved in the form
of continuous assessment, to a certain degree, of
their activities through a presence not only
around but at times inside mosques, was
explained in above (2)B(d) and (e). Furthermore,
as suspicions have arisen that Lionel Dumont,
who was arrested in Germany in December 2003,
had been obtaining financing for terrorist acts and
engaging in the procurement of supporters while
taking cover in Japan under a counterfeit passport
as recognised in above (2)B(c), and as the United
Nations adopted an international treaty in 1999
regarding the prevention of financial assistance
for terrorism, and in light of facts such as that on
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F-247
22 October 2004, the FATF (Financial Action
Task Force on Money Laundering) delivered a
special recommendation regarding terrorist
financing, providing a nine-point fundamental
framework for the detection, prevention and
deterrence of terrorism and financial provisions
thereof, upon the understanding that actions
against financial supplies for terrorism are
crucially important ((1) and (2) of Exhibit B-8), it
can be said that surveying mosque attendees for
terrorist supporters, such as funders of terrorism, is an
information-gathering activity necessary for the
prevention of international terrorism incidents. If so, it
ought to be said that the police, who are under the
obligation of maintaining public safety and order under
Article 2 (1) of the Police Act, are required to probe and
analyse the current state of social affairs, including
religious activities, for each person accessing mosques,
as a part of information-gathering attempts for the
prevention of international terrorism.
At the same time, the Mosque Monitoring
Activities took the form of agents themselves
going to mosques and observing external conduct
readily recognisable from the outside, such as the
plaintiffs comings and goings at mosques and
circumstances of their participation in religious
ceremonies and educational activities. In this
sense, it cannot be said that the plaintiffs
behaviour thus assessed was not at all expected to
be recognised by a third party, and even considered
in the totality of the Information Gathering Activities,
these did not demand the plaintiffs to prove their faith,
nor did it impose prejudicial treatment or any coercion,
impediments or restrictions in religious terms, their
possible effects confined to the plaintiffs sentiments of
repulsion triggered by police presence around or inside
mosques.
On this point, the plaintiffs allege that plaintiffs 5
and 16 were subjected to illegal searches and
seizures that deviate from and abuse the rules of
criminal procedure, in relation to a case with a
third party suspect. Indeed, according to the facts
(11(4) and 1(4) of Exhibit A-1), it can be found
that searches and seizures of mobile phones etc.
were conducted against plaintiffs 5 and 16.
However, there is insufficient proof that these
searches and seizures were illegal, so the plaintiffs
arguments cannot therefore be accepted.
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F-248 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
Additionally, in light of the gravity of the damage
once an incident of international terrorism occurs, even
considering that the plaintiffs information gathered
through the Information Gathering Activities would not
ordinarily be expected to be disclosed without their
consent in social life, it should be said that the
Information Gathering Activities were necessary and
inevitable from the point of view of preventing
international terrorism.
c) Therefore, the plaintiffs submission that the
Information Gathering Activities violated Article 13 of
the Constitution cannot be accepted.
B) The plaintiffs further allege that the Data
contains information of the plaintiffs
nationalities, domicile, criminal history etc.,
which can be grounds for social discrimination,
and thus amounting to sensitive information.
Accordingly, they can be understood to be arguing
to the effect that the collection of information other than
those relating to the substance and activities of their
faith also violate the freedom of not having their
personal information collected and managed without
reason. It can certainly be said that these information
amount to the plaintiffs privacy, with criminal history
particularly relevant to a persons honor and
reputation.
However, in light of the fact that there is
sufficient danger of international terrorism
happening in Japan, and the difficulties in its
prevention through obtaining information
regarding terrorist plots, or detecting terrorists
concealing themselves amongst the general
public, the Information Gathering Activities are
necessary to prevent the occurrence of international
terrorist attacks in advance and requires the
compilation of various information, as explained
above in (2)B.
Consequently, even if the plaintiffs had not only
information of the substance and activities of their faith
but also information regarding their privacy including
criminal records etc. collected through the process of
the said activities, such constraints are inevitable in
light of the above nature etc. of the Information
Gathering Activities. What is more, as for the
manner of the profiling, it can be conjectured, as
elaborated in above (1)C, that the information was
collected through cooperation with related agencies or
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62
(2017) 1 LAW
police contact and searches etc. on the plaintiffs, which
cannot be called illegal or particularly inappropriate.
Hence, the Information Gathering Activities cannot be
said to violate Article 13 of the Constitution.
(5) On whether the retention of personal
information by the Metropolitan Police
Department and the National Police Agency
violate Article 13 of the Constitution
A) The plaintiffs allege to the effect that the
retention of the plaintiffs personal information, by
entry into the police database, itself violates the right
not to have information related to an individual
disclosed or released to a third party unreasonably, as
guaranteed by Article 13 of the Constitution.
However, information-gathering activities are
conducted in order to store and analyse the
information thus obtained, and it has been
previously established that the Information
Gathering Activities do not violate Articles 13
and 20 of the Constitution. Because it naturally
follows that the police may keep and use for analysis
etc., information obtained through legal activities, the
possession of said information does not violate Article
13 of the Constitution.
B) On this point, the plaintiffs allege, among other
things, the existence of a specific danger of disclosure
or release of personal information to third parties in the
event of flaws in the system technology or legal regime
of an information management mechanism, citing a
2008 Supreme Court case, and points out that this
very case came to light by such a leak, in other
words, as a result of the risk of information being
readily leaked actually materialising. However,
this allegation merely argues the illegality not of the
polices possession of the plaintiffs personal
information in itself, but the fact that the information
was disclosed or released to third parties: namely, the
occurrence of the Incident. Moreover, although
the 2008 Supreme Court case, in considering
whether or not the Basic Residential Registers
Network System violated the freedom of not
having information relating to an individual
disclosed or released to third parties
unreasonably, assessed, inter alia, the specific
dangers, if any, of information leaks due to
breaches etc. in the mechanics of the System, this
derived from the fact that the substance of the
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
claim in said suit focused on a deletion of the
residents card code based on the removal of an
impediment against the right to personhood,
distinguishable from the present case regarding a
claim for State compensation on the premise that
a leak has actually happened, and therefore it
cannot be appropriately applied to this case.
C) Therefore, the plaintiffs argument cannot be
accepted.
(6) On whether or not there is a violation of
the due process principle
The plaintiffs argue that the continuous, systematic,
comprehensive, and large-scale collection, storage and
use of personal information as in the Information
Gathering Activities require a law that explicitly states
specific objectives and standards to be met, and that
Article 2 (1) of the Police Act does not serve as such a
basis.
However, in light of the fact that Article 2 (1) of
the Police Act designates the prevention of
crime and otherwise maintaining public safety
and order as police duties, the various police
activities these necessitate should generally be tolerated
as long as they are voluntary measures without
compulsion, and it has already been established
that the Information Gathering Activities are
necessary activities in light of the above duties.
When the information to be collected relate to matters
that risk interference with peoples rights and freedoms,
activities for the collection of such information should
not be permitted unconditionally.
However, the Information Gathering Activities are
necessary and inevitable from the viewpoint of
preventing international terrorism, as also previously
explained.
Therefore, the plaintiffs above argument cannot be
accepted.
(7) On whether or not the gathering, retention and
usage of the Personal Data violate the Act on
the Protection of Personal Information
(translation omitted)
(8) On whether or not the gathering, retention and
usage of the Personal Data violate the Local
Ordinance on the Protection of Personal
Information
(translation omitted)
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F-249
(9) SUMMARY
Consequently, as no part of the collection, storage
or use of personal information by the Metropolitan
Police Department and the National Police Agency can
be found unconstitutional or illegal, no illegality can be
found for the purposes of the State Compensation Act.
2. On Issue 2
(1) Illegality, for the purposes of the State
Compensation Act, of the defendant
Tokyo metropolitan governments
conduct regarding the Incident
A) Firstly, although each of the reports made by
the National Police Agency and the Metropolitan
Police Department in December 2010 noted that
the Data includes information with a high
probability that they were handled by members of
the police, it was not revealed specifically how the
Data was removed to the outside. Police investigation
into the course of the posting of the Data
continued further, but the details have still not been
made clear to this day, as in (4) of the Undisputed
Facts. To be sure, each of the documents that
were the bases of the Data had been in the
possession of the Third Foreign Affairs Division,
as found in 1(1)A above. Also, as a result of
wide-scope and intensive investigations
conducted in an effort to solve the case, each of
the reports mentioned earlier (Exhibits A-2, A-3)
take note of revelations e.g. that some of the
computers used in the Third Foreign Affairs
Division lacked sufficient controls, including that
of the history of external memory media usage,
and that the fact that removal of the information
using external memory media was possible cannot
be denied. This description assumes that the Data
was removed from the computers used in the Third
Foreign Affairs Division using external memory media,
without any mention of other possibilities such as hacks
by outsiders, and there is no particular evidence
suggesting such alternative scenarios.
In light of this, it is fair to regard the Data as having
been removed using an external memory media by a
member of the police (most likely a Metropolitan Police
Department employee, considering the fact that according
to Exhibit A-5, access to the exclusive folder that the Data
was saved in was limited to the direct administrator and
senior officers).
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F-250 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
B)
a) Then, in considering the negligence of the
Metropolitan Police Department in the Incident
originating from such an act of removal, as the most
newly created data in the Data is dated 1 January
2009 (Exhibits A-2, A-3), the Data can be regarded
as having been removed to the outside world on or after
the same month at the earliest, and, according to
evidence (Exhibit A-23) and the totality of the
pleadings, by this time, incidents of leaks from
government agencies, including the police, had
been happening frequently, including incidents
involving the removal of data using external
memory media, incidents involving the use of
personal computers, incidents resulting in the
posting of police information on the Internet, and
incidents causing damage in the form of the
disclosure of personal information as a result of
leaks, as seen in Appendix1, and it can be found
that these leak cases had been reported in
newspapers etc. Also, it is in the public knowledge
that around that time, Winny was causing
numerous leaks onto the Internet from computers
other than that of the police and government
agencies.
Further, the Data contained Personal Data which
is the plaintiffs personal information, and
particularly, the content included matters that
directly relate to the inner world of individuals
and the autonomy of personhood, in the form of
information that not only directly revealed that the
plaintiffs are Muslims but also indicated the strength of
their faith, as well as criminal history, which directly
relate to a persons honour and reputation, as
previously found and explained. It can be said
that such information, even among the contents of
personal privacy, amounts to information that one least
wants others to know, and such information, once
leaked onto the Internet, carries a risk of being
communicated to the general public due to their high
capacity to diffuse and spread, and it is extremely
difficult, if not almost impossible, to later retrieve
all of the information.
As a result, it can be said that it was sufficiently
foreseeable to the Superintendent General that if the
Data were removed and connected to an external
computer, there was a danger of it being leaked onto the
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(2017) 1 LAW
Internet through Winny etc., being communicated to the
general public, and inflicting great damage to the
plaintiffs. Accordingly, the Superintendent General
was under a duty of care in the area of information
control to take thorough anti-leak measures so that the
plaintiffs personal information would never be leaked.
b) In response to this, the defendant Tokyo
metropolitan government, citing a 1986 Supreme
Court case, argues to the effect that clearly it cannot
be said that the specific course of events leading to the
Leak Incident, much less the outcome, namely, of the
Data being posted on the Internet, was foreseeable to
the Superintendent General, in light of the
circumstances such as (i) Administrative Notices
(On the Administration of Rules Regarding the
MPD Information Security) prohibiting
employees from removing electromagnetic
memory media that constitute the police
information system from the police buildings; (ii)
the illegality of data removal, subject to criminal
and disciplinary penalties as a violation of Article
34 of the Local Government Employee Act; (iii)
the multiple acts required in the course of posting
the Data on the Internet; and (iv) the complete
absence of information leak cases through the
removal of data after the February 2008
completion of the introduction of an automatic
encryption system when recording data on
external memory media from terminal devices
(hereinafter referred to as the Automatic
Encryption System).
However, penalty rules and administrative notices
themselves do not make the removal of data impossible
or difficult in a physical or technical sense, and as
previously noted, there had already been
numerous occasions of leaks from computers
onto the Internet through Winny, by around
January 2009. As for the Automatic Encryption
System, there is insufficient evidence to hold that
it had been installed on every computer used in
the Third Foreign Affairs Division during the
period between that month and the October 2010
date of the Incident. In fact, evidence (Exhibit A-
5) shows that some computers used in the Third
Foreign Affairs Division lacked the Automatic
Encryption System. Accordingly, none of the
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
points raised by the defendant Tokyo metropolitan
government can be said to defeat the
Superintendent Generals foreseeability illustrated
above in subparagraph (b).
The defendant Tokyo metropolitan government
also cites in its argument a 2005 Sapporo High
Court case ((1) of Exhibit C-11) denying the
foreseeability for the manager etc. in an
information leak case, but this judgment can be
distinguished from the present case due to the
specific facts giving rise to foreseeability at the
time of the incident. Therefore, consideration of
this case does not influence the above decision.
C) Next to consider is whether or not the
Superintendent General breached his duty of care in
information management.
a) Evidence (Exhibits A-2, A-3, C-6, C-7) show
that the Metropolitan Police Department
established and published the Rules Regarding
Information Security of the MPD (hereinafter
referred to as the Security Rules) etc. on 28 June
2005. This (i) appointed a Metropolitan Police
Department Information Security General Officer
(hereinafter referred simply as the General
Officer) to the Metropolitan Police Department
headquarters, imposed with a duty to make efforts
to appropriately maintain and manage computers,
terminal devices, electronic communication lines
or any connected machines, and electromagnetic
memory media etc. (Article 10 of the Security
Rules). Specifically, only authorized electromagnetic
memory media could be used in police duties, in order
to secure regular functioning of the police information
system etc. and to prevent information leaks;
Information Management Officers (whose duty
involves information security relating to the
police information system etc. in order to
maintain the information security within their
division) who accept into their division an
electromagnetic memory media for the use of police
duties were to receive an inspection by the head of their
division at least once a month regarding its
management; and Information Managers (whose duty
involves the management of computers etc. in
order to maintain information security relating to
the police information system etc. within their
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F-251
post), if delivered an electromagnetic memory media
by the Information Managing Officer, were to store it in
a secure locker etc.; the handling of electromagnetic
memory media was to be disclosed in a Electromagnetic
Memory Media Removal and Return Log (7 (5) of
the Administrative Notice No. 2 etc.). It also (ii)
imposed an obligation on the General Manager to
encrypt necessary information according to the
objectives of the duty, in order to maintain information
security (Article 11 of the Security Rules).
Specifically, when storing information on an
electromagnetic memory media, encryption
measures were to be taken unless authorised by
the General Manager, and the Information
Manager was to verify trails of exports onto the
electromagnetic memory media by the encryption
file, and report the results to the head of the
division (8(1) and (4) of the Administrative
Notice No. 2). It further (iii) imposed an obligation
on employees to properly handle the police information
system etc. as well as the information processed by it
(Article 14 of the Security Rules), specifically,
prohibiting in general: transferring electromagnetic
memory media to others, computers relating to personal
ownership, bringing electromagnetic memory media etc.
into the National Police Agency building, and removing
devices and electromagnetic memory media comprising
the police information system etc. from the National
Police Agency building (11(3), (10), and (11) of
the Administrative Notice No. 2).
b) However, none of these measures made the removal
of data from the building inherently impossible or
difficult in a physical or technical sense, and it can be
said that compliance with the above rules ultimately
depended on the actions of each individual employee.
What is more, in terms of the above (a)(i) and (ii),
no evidence clarifies to what degree each of the
procedures such as inspection of the management
of electromagnetic memory media by the head of
the division, entry into the Electromagnetic
Memory Media Removal and Return Log of the
removal and return of electromagnetic memory
media, and the verification and reporting of trails
of exports to electromagnetic memory media by
encryption files, were practiced in reality.
As for the Automatic Encryption System, the fact
that computers lacking its installment were being used
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F-252 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
at the Third Foreign Affairs Division was found
above in B(b). If so, as merely establishing and
publishing security rules etc. and introducing an
automatic encryption system does not ultimately
serve as a conclusive factor in preventing
information leaks to the outside, it should be said
that constructing a management regime to ensure
actual compliance of the Security Rules etc. by each
employee or information manager etc. was necessary
and essential as a genuine preventative measure.
c) Yet it has been revealed that the management of
trails of the history of external memory media usage etc.
for some of the computers used in the Third Foreign
Affairs Division was insufficient as held above in (a),
and thus it must be observed that the management
regime to ensure the actual compliance of security rules
etc. in the Third Foreign Affairs Division was
inadequate, and that this fact led to the removal of
data using external memory media.
It must therefore be said that the Superintendent
General negligently breached his duty of care in
information management, which is illegal for the
purposes of the State Compensation Act. As such, it
follows that the defendant Tokyo metropolitan
government is liable.
(2) Illegality, for the purposes of the State
Compensation Act, of the defendant Japanese
governments conduct regarding the Incident
A) The plaintiffs allege to the effect that under
Article 7 (1) of the Security Orders, The National
Police Agency must designate an Inspection
Officer to perform inspections relating to the
police information system, and in light of duties
that the role entails, as established by Article 7
(3), the Inspection Officer was under a duty of
care, through opportunities such as regular
inspections, to accurately assess the substance of
the numerous information leak incidents between
2006 and 2008, analyse their causes and
responses, reflect them in the Annual Information
Security Inspection Plan, and secure, by the 2009
regular inspection of the Metropolitan Police
Department at the latest, the implementation of
measures to prevent information leaks using
external memory media, and that breach of this
duty resulted in the Incident.
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(2017) 1 LAW
B) Upon consideration, it is true that the National
Police Agency, under Article 7(1) of the Security Orders
(Exhibit B-28), is to appoint an Inspection Officer to
supervise the execution of inspections regarding
information security related to the police information
system, and according to the Execution Guidelines
for Police Information Security Inspections
(Exhibit B-30), the Inspection Officer, in conducting
regular inspections of the prefectural police etc., is to
formulate an Annual Information Security Inspection
Plan, and based on this, establish an Inspection
Execution Plan for each individual inspection; and
after conclusion of the regular inspection, the
Inspection Officer is to create an Inspection Report and
submit it to the Chief Information Security Manager,
who, based on the Report, instructs the heads of
the divisions in question on necessary matters
such as improvements to be made; the leaders
receiving said instructions are to promptly take
adequate measures based on the substance of the
instructions, and report back to the Chief
Information Security Manager on the outcome;
and in addition, the Inspection Officer is to
execute Special Inspections when the necessity of
such is particularly recognised by the Chief
Information Security Manager. The fact that the
Incident was due to a breach of the duty of care in
information management in the Third Foreign
Affairs Division has already been elaborated on,
and the possibility that the Incident might have been
prevented had the inadequacies in information
management been indicated at the National Police
Agencys inspection stage, cannot itself be denied.
However, inspections carried out by the National
Police Agencys Inspection Officer, besides the annual
regular inspection, are special inspections responding to
particular necessities, and are not of a kind involving,
for instance, an Inspection Officer permanently
stationed in each division to monitor compliance with
information security (the National Police Agency is
in a position to supervise the prefectural police in
general, and it is impossible for Inspection
Officers to be permanently stationed in each
division of all the prefectural police forces in
order to monitor compliance with information
security, and it cannot be said that a duty to carry
out such inspections exists), so cases in which the
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
defendant Japanese government would be held liable for
the Inspection Officers inspections should be said to be
limited to cases, for example, such as a chronic failure to
inspect, or a failure to articulate an inadequacy found
through an inspection, and such circumstances
cannot be found regarding the Incident, in
compiling the totality of the evidence in this case.
On the other hand, evidence (Exhibit B-52)
shows that the 2009 Police Information Security
Inspection on the Metropolitan Police
Department and the prefectural police etc., was
carried out with a focus on improvements in
response to indications from past inspections etc.,
the implementation of increasingly thorough
preventative measures against the reoccurrence of
information leaks, the implementation of
information security measures concerning
external memory media etc., the management of
the police information system, and measures
against breaches of information security. As a
result, in some divisions inappropriate
circumstances were identified such as (i)
indications of the use of unauthorised external
memory media on computers unable to acquire
trails of their use; (ii) that encryption when
recording information on external memory media
was not thoroughly practiced; and (iii) verification
of the trails of exporting information onto
external memory media done by the very
employees using the said media. Considering
these findings, improvements were requested of the
divisions in question to (i) reinforce the management
and inspections etc. of the use of computers and external
memory media; (ii) make thorough encryptions when
recording information onto external memory media;
(iii) have the manager of media usage verify trails in the
import and export of information regarding external
memory media; and to report the results to the
administrative manager etc.
Further, according to evidence (Exhibit A-23)
and the entirety of the pleadings, the National
Police Agency implemented countermeasures for
each of the following cases listed on Appendix1:
(i) In response to the leak of personal information
onto the Internet at A and B police agencies in
March 2006: measures such as the inspection of
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personal computers etc.; submission of
confirmation documents (that no employee was to
manage police information on personal computers
or external memory media that is not authorised to
use on duty, or use computers running Winny (both
of which are held to standards at the time)); a
reinforcement of information management based
on remarks made by the Chief Cabinet Secretary
at the meeting of administrative vice-ministers
etc. held on the 9th of the same month, to the
effect that information leaks through the use of
personal computers were creating an extremely
concerning situation, and that the relevant
ministries and agencies were to reinforce
warnings to each and every employee regarding
computer use against information leaks; a sweep
of personal computers used on duty;
reinforcement of inspections; and special
inspections against all of the prefectural police
agencies etc., (ii) in response to the leak of
personal information onto the internet from C
police agency in February 2007: measures such
as compliance with fundamental measures in
information security including the implementation
of self-inspections and individual interviews;
compliance with rules regulating the management
of police information; and limiting the use of
external memory media as well as taking
encryption measures etc., (iii) in response to the
leak of personal information onto the Internet
from D police agency in June of the same year:
measures such as the reinforcement of
fundamental matters regarding the management
of police information; deleting of unnecessary
police information; sweeping unauthorised
personal devices; and inspecting personal
computers etc., (iv) in response to the leak of
police information onto the Internet from E police
agency in May 2008: measures such as the
inspection of personal computers and actual
devices; prohibition on the use of unregistered
external memory media; resubmission of
confirmation documents; small group discussions
etc. to raise awareness; recording and managing
trails; and limiting the use of external memory
media drives by USB keys.
Law Animated World, 30 June 2017
F-254 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
Accordingly, it can be found that the National
Police Agencys Inspection Officer had been
carrying out the necessary regular inspections and
implementing possible measures every time an
information leak onto the Internet happened.
C) Therefore, the plaintiffs above argument cannot
be accepted, and the defendant Japanese government
cannot be found liable for the Incident.
(3) Illegality, for the purposes of the State
Compensation Act, of the defendants
omissions following the Incident
A) The plaintiffs allege to the effect that the
Metropolitan Police Department is liable in state
compensation because while it should have taken
concrete measures such as promptly acknowledging the
Data as documents created and managed by the
Metropolitan Police Department and the National Police
Agency, and making requests against Internet providers
etc. continuing to publish and post the material to delete
them, in reality the Metropolitan Police
Department and the National Police Agency
refused to acknowledge that they had created and
managed the documents in the Data, and failed to take
effective measures until admitting to the leak and
making a formal apology on 24 December 2010.
B) Upon consideration, certainly, according to the
pleadings in their entirety, the Metropolitan Police
Department and the National Police Agency could not
have comprehensively deleted the Data including the
plaintiffs personal information. However, evidence
(Exhibits A-2, A-3) show that the National Police
Agency recognised the Incident on 29 October of
that year, contacted the Metropolitan Police
Department, and in cooperation, commenced
investigations etc. At the same time, it can be
found that the Metropolitan Police Department
immediately requested cooperation, to delete the Data,
from providers etc. that offered spaces for webpages
posting them. Also, despite the fact that completely
deleting the Data, which included the plaintiffs
personal information, was not ultimately possible
as above, according to the totality of the
pleadings, the reason for this was a combination
of multiple factors such as that in this Incident,
methods were used to inhibit identification of the
leak source such as transiting through numerous
overseas servers; that due to Winny, the file sharing
Law Animated World, 30 June 2017
68
(2017) 1 LAW
software used, retrieval of the information was virtually
impossible; and that the police could not compel
erasure of the Data from the servers onto which the
leaked information was posted, merely making requests
against overseas servers to voluntarily delete them.
Consequently, it is fair to say that the Metropolitan
Police Department and the National Police Agency, in
cooperation, fulfilled their duty as they should, and
cannot be said to have failed in their duty to mitigate
loss as the plaintiffs claim.
While this Court notes the fact that the defendants
have not acknowledged that the Data consists of
documents created and managed by the police even in
this lawsuit, evidence (11(1)-(114) of Exhibit A-1)
and the totality of the pleadings demonstrate that
the Data contains information regarding
individuals or organisations, information about
cooperation with foreign countries, as well as
information-gathering activities by the police etc.,
and it can be found that a straightforward admission
that the Data had been created and managed by the
police involves the risk of further harming the rights
and interests of those individuals and organisations, as
well as damaging the trust of the countries in question
and impeding the appropriate execution of information-
gathering activities etc. regarding future police strategies
against international terrorism. Thus, it cannot be said
that this itself is an act that is independently illegal for
the purposes of the State Compensation Act.
C) Therefore, the above arguments of the plaintiffs
cannot be accepted.
3. ON ISSUE 3
(1)
A) The Incident was one in which the plaintiffs
personal information was posted on the Internet.
It included types of information that one least
wishes to be disclosed to others, such as
information on the plaintiffs faith and prior
convictions. What is more, there was also data
that took the form of a page noting relationships
etc. with another Muslim individual under the
heading Suspicions, and while these entries
were confined to piecemeal information, it is
difficult for a third party not to receive the impression
that the plaintiffs are terrorists, supporters of such, or
at least suspected by the police along those lines.
(2017) 1 LAW Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
Furthermore, once such information is leaked onto the
Internet, due to their tendencies to diffuse and spread,
there is the possibility that the information could extend
to the entire world, and it is difficult to completely erase
the information, and in reality, the Data had been
downloaded onto more than 10,000 computers in
more than 20 countries and regions as of 25
November 2010, less than one month since the
Incident, as per (2) of the Undisputed Facts. In
view of these points, it can only be said that the
invasion of privacy and defamation that the Incident
inflicted on the plaintiffs was of great magnitude.
Further, the plaintiffs have made testimonies such
as the following: because of the leaked Data, their
family may face discrimination, harm or disadvantages
based on prejudice; their familial relations may be
adversely affected; the mutual trust among Muslims
was damaged; they were forced to become paranoid in
everyday life and obsessed over peoples perceptions; it
became difficult to work or secure permanent
employment, or their businesses came to suffer; and
that they no longer have a peace of mind in returning to
their home countries, when considering the possibility of
being suspected as a terrorist (1-17 of Exhibit A-34).
The plaintiffs concerns are fully understandable in
light of the above content and nature of the
information contained in the Personal Data, and
can be called characteristics of detriment from the
invasion of privacy and defamation that the
plaintiffs suffered.
B) On the other hand, it must also be considered that
with the exception of economic damage to some of the
plaintiffs in the form of loss of employment and revenue
etc., the above detriment to the plaintiffs have not yet
materialised at this point, and remain vague
insecurities about matters that may or may not
eventuate in the future. On this point, the plaintiffs
argue to the effect that some of the plaintiffs
have: suffered bankruptcy in their business
because despite directing capital and efforts
toward establishing a foreign branch of the
company they manage, their visa was denied due
to the foreign authorities receiving notice of this
false information regarding investigations, and
the entire plan fell through; seen a drastic
decrease of revenue at the restaurant they
manage; effectively been fired from the restaurant
69
F-255
they worked at; and lost their employment at an
embassy. However, such matters differ greatly
depending on the individual circumstances of
each plaintiff, and it should be said that it is not
proper to take into consideration such individual
matters in calculating the amount of reparations.
C) Incidentally, plaintiffs 1 and 4 were merely
listed on others Rsum-like Pages as spouses,
as found previously. However, although a profile
photo of plaintiff 1 has not been leaked, he was
listed on the Familial Relations and
Acquaintances section of plaintiff 2s Rsum-
like Pages as her husband, along with his name,
date of birth, address and employer, and the
Information on Suspicions section of plaintiff
2s Identity and Suspicions Page noted that he
holds a lecturer-like position at the mosque and is
highly reputable as an Islamic lecturer, and
continuously participates in workshops, special
prayers and sermons etc. held at the mosque, and
that they passionately engage in missionary
activities as a couple, as found in the above
1(1)B(b) and (d). As details of his religious
activities have been leaked, and is entered under
the Information on Suspicions section,
depending on the reading of the leaked
information, plaintiff 1 could, along with plaintiff
2, be mistakenly regarded as a terrorist supporter,
and it should be said that it is not proper to
differentiate his level of emotional suffering in
comparison to the other plaintiffs.
In contrast, as for plaintiff 4, she is merely listed as
plaintiff 3s wife in the Familial Relationships and
Acquaintances section of plaintiff 3s Rsum-
like Pages, with her name, date of birth and
address noted, but not her employment.
Also, on plaintiff 3s Identity and Suspicions
Page (29 of Exhibit A-1), she only has her name
and date of birth noted as his wife, under the
section of Family within Identity Matters.
There is no mention of plaintiff 4 in the
Information on Suspicions section. As a result,
in relation to plaintiff 4, although the extent of
her emotional suffering caused by the disclosure
of information depicting her spouse as if he were
Law Animated World, 30 June 2017
F-256 Case on Surveillance of Japans Muslims [SC & DC, Tokyo-JAP]
a terrorist cannot be dismissed, there exists a
substantial difference in the quality and quantity
of her leaked personal information in comparison
with the other plaintiffs, and it must be said that her
emotional suffering is significantly less than the others.
D) The defendant Tokyo metropolitan government has
consistently declined to admit that the Data was
information held by the Metropolitan Police Department,
and this fact can be counted as one of the reasons
why the plaintiffs were forced to go through the trouble
of filing this lawsuit. Therefore, even on the premise
that this in itself is not considered an independent
illegality for the purposes of the State Compensation
Act, it should be taken into account in calculating the
reparations. The fact that revelations by the
defendants on this point risks adverse effects on
foreign relations is as held above in 2(3)B, but
this does not justify burdening the plaintiffs in the
previously stated ways.
(2) Considering these matters comprehensively, it
is held that 5 million yen each for each of the plaintiffs
with the exception of plaintiff 4, and 2 million yen for
plaintiff 4, is fair compensation for the plaintiffs
emotional suffering caused by the defendant Tokyo
metropolitan governments breach of its duty of care in
information management regarding this case.
Additionally, in light of the substance of this suit,
advancement of their claims through legal
representation was necessary, so 10% of the reparations
for each plaintiff (namely, 500,000 for each of the
plaintiffs except for plaintiff 4, and 200,000 for
plaintiff 4) should be held to amount to legal costs as
damages within the scope of legal causation from
the defendant Tokyo metropolitan governments
above breach in their duty of care.
As this case is a claim for uniform reparations, this
Court initially considered adopting the minimum
amount corresponding to plaintiff 4s emotional
suffering for all the plaintiffs, but because this would be
too low for the others, separated out plaintiff 4, and as
for the remaining plaintiffs, disregarded individual
matters as previously stated, and translated their
common detriment into a monetary amount in order to
calculate a uniform sum of reparations.
4. ON ISSUE 4
(translation omitted)
Law Animated World, 30 June 2017
70
(2017) 1 LAW
IV. CONCLUSION
Given the above circumstances, the plaintiffs
claim against the defendant Tokyo metropolitan
government has a basis to the following limit and is
thereby granted: for each plaintiff with the exception of
plaintiff 4, a sum of 5.5 million yen in damages as well
as money accruing therefrom at an annual interest rate
of 5% during a period starting from 26 July 2011 up to
a date when the payment will be completed; and for
plaintiff 4, a sum of 2.2 million yen in damages as well
as money accruing therefrom at an annual interest rate
of 5% during a period starting from 26 July 2011 up to
a date when the payment will be completed. The
remainders of their claim against the defendant
Tokyo metropolitan government, as well as their
claim against defendant Japanese government, are
dismissed for a lack of basis. Accordingly, judgment
is rendered as described in the main text. A declaration
for the suspension of provisional execution will not be
made, as it is not proper.
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(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
(Carried from p. 22)
cancel the allotment of a plot to its member or to
rescind his membership and to allot the plot to
another member, is undoubtedly the business of
the Society. Any cause of action in that behalf,
indeed, can be pursued before the Competent
Forum by the aggrieved member or his legal
representative. That will require examination of the
governing cooperative laws and the Bye-laws of the
Society - to ascertain whether it is open to the Society to
cancel the allotment of a plot to its members including
to cancel the membership of such person. If that action
of the Society is held to be just and permissible in
law, the appellant may not be entitled to any other
relief much less the declaration as sought.
Further, remedy of writ cannot be used for declaration
of private rights of the parties or enforcement of their
contractual rights and obligations. In our considered
opinion, it would be unnecessary if not
inappropriate to examine any other contention at
the instance of this appellant as we agree with the
view taken by the High Court in summarily
dismissing the Writ Petition with liberty to the
appellant to pursue statutory remedy. At best,
further observation or clarification would suffice to the
effect that the competent Forum before whom the
dispute has been filed by the appellant shall consider all
contentions available to the parties, uninfluenced by the
factum of registered Extinguishment Deed. In that, if
the competent Forum was to hold that it was open
to the Society to cancel the allotment and
membership of the concerned member and
thereafter to allot the same plot to another person
enrolled as a member of the society, no other
issue would arise for consideration. On the other
hand, if the competent Forum was to answer the
relevant fact in favour of the appellant, only then
the argument of the effect of unilateral
registration of the Extinguishment Deed followed
by compromise deed voluntarily executed by the
appellant may become available to the Society
and to the subsequent purchasers/allottees of the
subject plot. At their instance, those issues can be
examined on the basis of settled legal position.
Neither the observation or the opinion recorded
by one of the dissenting Judge of this Court need
any further dissection nor would it be appropriate
to enlarge the scope of the proceedings before
71
ISC-217
this Court on those aspects. This would subserve
the twin requirements. Firstly, to avoid an
exposition on matters and questions which do not arise
for our consideration in the fact situation of the present
case at this stage; and secondly, also provide an
opportunity to the parties to pursue all contentions and
other remedies as may be permissible in law.
17. The exposition of the Constitution Bench of
this Court in Pratap Singh (supra) adverted to in the
dissenting opinion would be attracted in cases where the
State Authority acts in bad faith or corrupt motives.
Merely because some irregularity has been
committed in registration of Extinguishment
Deed unilaterally presented by the Society for
registration or in respect of the subsequent deeds
registered at the instance of third party without
notice to the appellant, that, by itself, will not
result in registration of those documents due to
corrupt motives of the State Authority. More so,
in the present case, the appellant having entered
into a compromise deed with the Society and
third party (subsequent allottees) in respect of the
subject plot, it is doubtful whether it is open to the
appellant to question the act of unilateral execution and
registration of the stated Extinguishment Deed being
irregular much less void and nullity. Indisputably, the
respondents-Society is a Cooperative Housing
Society Limited and is governed by its Bye-Laws.
According to the counsel for the Society, the
member is obliged to erect a house on the plot allotted to
him within specified time, failing which must suffer the
consequence including of cancellation of allotment of
plot and removal of his membership. At the time of
allotment, the member executes an agreement
where under he/she undertakes to abide by the
conditions specified for erecting a house on the
plot allotted to him/her in the manner prescribed
therein. Whether the Society is justified in
proceeding against the defaulting member by
cancelling the allotment of plot as well as
membership, is an issue falling within the
purview of the business of the Society. The
member is bound by the stipulation contained in
the agreement executed by him/her and in
particular the Bye-laws of the Society. Any action
by the Society for breach thereof is just or
otherwise can be questioned before the statutory
Law Animated World, 30 June 2017
ISC-218 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
Forum under the Act of 1960. Those are matters
which can and must be answered in the proceedings
resorted to by the appellant before the statutory Forum.
18. The aforementioned reported decision has
noted the subtle distinction between ultra vires act of
the Statutory Authority and a case of a simple infraction
of the procedural Rule. The question, whether the
Society was competent to unilaterally cancel the
allotment of a plot given to its member and to cancel the
membership of such member due to default committed
by the member, is within the purview of the business of
the Society. Any cause of action in that regard
must be adjudicated by the procedure prescribed
in that behalf. It is not open to presume that the
Society had no authority in law to take a decision in that
behalf. The right of the appellant qua the plot of
land would obviously be subject to the final
outcome of such action. The appellant being the
legal representative of the original allottee,
cannot claim any right higher than that of his
predecessor qua the Housing Society, which is
the final authority to decide on the issue of
continuation of membership of its member. The
right of the member to remain in occupation of
the plot allotted by the Society would be entirely
dependent on that decision.
19. Reference made to the other decisions of this
Court with regard to the scope of Article 136 of
the Constitution of India in the case of
Arunachalam v. P.S.R. Sadhanantham and Anr. and
Ganga K. Shrivastav v. State of Bihar (supra) will
be of no avail in the fact situation of the present
case. Similarly, The other decisions adverted to in
the dissenting opinion under consideration in the
case of CAG v. K.S. Jagannathan and Andi Mukta
Sadguru Shree Muktajee Vandas Swami Suvarna
Jayanti Mahotsav Smarak Trust v. V.R. Rudani
(supra), Hari Vishnu Mamath (supra) will be of no
avail in the fact situation of the present case.
Suffice it to observe that the High Court had, in our
opinion, justly, summarily dismissed the writ petition
with liberty to the appellant to pursue statutory remedy
under the provisions of the Act of 1960 or by way of a
civil suit. Thus understood, it may not be necessary
or appropriate to dwelve upon the other issues
regarding the merits of the controversy which may
have to be adjudicated by the competent Forum.
Law Animated World, 30 June 2017
72
(2017) 1 LAW
Regarding issue Nos. (d) to (f)
20. It is common ground that the deed regarding
allotment of plot to a member of the Society
required registration. The allotment of the subject
plot in favour of the appellant's mother was
accordingly, registered in the office of the Sub-
Registrar (Registration). The subject plot was
allotted to the appellant's mother consequent to
her admission as a member of the Society. As the
allotment of the plot by the Society creates and
transfers rights in an immovable property, the
deed of allotment was required to be registered.
But if the member failed to comply with the
stipulation of allotment, it would be open to the
Society to cancel such allotment and including
the membership of that member. In that event, it
may become necessary for the Society to execute
an Extinguishment Deed qua such allotment deed
operating in favour of the concerned member.
For, mere cancellation of membership may not be
enough. The Society could extinguish the right, title or
interest in the immoveable property belonging to the
Housing Society, by executing an Extinguishment Deed
for that purpose.
21. The role of the Sub-Registrar (Registration) stands
discharged, once the document is registered (see Raja
Mohammad Amir Ahmad Khan (supra)). Section 17 of
the Act of 1908 deals with documents which require
compulsory registration. Extinguishment Deed is one
such document referred to in Section 17(1)(b).
Section 18 of the same Act deals with documents,
registration whereof is optional. Section 20 of the
Act deals with documents containing
interlineations, blanks, erasures or alterations.
Section 21 provides for description of property
and maps or plans and Section 22 deals with the
description of houses and land by reference to
Government maps and surveys. There is no
express provision in the Act of 1908 which
empowers the Registrar to recall such
registration. The fact whether the document was
properly presented for registration cannot be reopened
by the Registrar after its registration. The power to
cancel the registration is a substantive matter. In
absence of any express provision in that behalf, it is not
open to assume that the Sub-Registrar (Registration)
would be competent to cancel the registration of the
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
documents in question. Similarly, the power of the
Inspector General is limited to do superintendence of
registration offices and make rules in that behalf. Even
the Inspector General has no power to cancel the
registration of any document which has already been
registered.
22. The procedure for registration of documents
is spelt out, inter alia, in part VI of the Act of
1908. Section 32 of the said Act reads thus:
Part VI
OF PRESENTING DOCUMENTS
FOR REGISTRATION
"32. Persons to present documents for
registration. Except in the cases mentioned
in 24 [sections 31, 88 and 89], every
document to be registered under this Act,
whether such registration be compulsory or
optional, shall be presented at the proper
registration office
(a) by some person executing or claiming
under the same, or, in the case of a
copy of a decree or order, claiming
under the decree or order, or
(b) by the representative or assignee of
such a person, or
(c) by the agent of such a person,
representative or assign, duly
authorised by power-of-attorney
executed and authenticated in manner
hereinafter mentioned."
23. If the document is required to be compulsorily
registered, but while doing so some irregularity creeps
in, that, by itself, cannot result in a fraudulent action of
the State Authority. Non-presence of the other party
to the Extinguishment Deed presented by the
Society before the Registering Officer by no
standard can be said to be a fraudulent action per
se. The fact whether that was done deceit[ful]ly
to cause loss and harm to the other party to the
Deed, is a question of fact which must be pleaded
and proved by the party making such allegation.
That fact cannot be presumed. Suffice it to
observe that since the provisions in the Act of
1908 enables the Registering Officer to register
73
ISC-219
the documents presented for registration by one
party and execution thereof to be admitted or
denied by the other party thereafter, it is
unfathomable as to how the registration of the
document by following procedure specified in the
Act of 1908 can be said to be fraudulent. As
aforementioned, some irregularity in the
procedure committed during the registration
process would not lead to a fraudulent execution
and registration of the document, but a case of
mere irregularity. In either case, the party aggrieved
by such registration of document is free to challenge its
validity before the Civil Court.
24. Admittedly, the documents in question do not
fall within Sections 31, 88 and 89. Further,
Section 32 does not require presence of both
parties to the document when it is presented for
registration. In that sense, presentation of
Extinguishment Deed by the authorised person of
the Society for registration cannot be faulted with
reference to Section 34 of the Act of 1908. That
provision stipulates the enquiry to be done by the
Registering Officer before registration of the
document. The same reads thus:
"34. Enquiry before registration by
registering officer. (1) Subject to the
provisions contained in this Part and in
sections 41, 43, 45, 69, 75, 77, 88 and 89, no
document shall be registered under this Act,
per this argument, it will be also unfathomable as to
what can be a fraudulent error or act at all! Now-a-
days for registration of sale deeds not only both
parties have to be present, but even their passport
photos are to be affixed and identity proofs are
required. If then one party is totally absent and yet
the sub-registrar registers the document then is not
presumption of fraud cast? So, for that also a party
has to go to a civil court, take years, later on appeals
and then judicial reviews, decades elapse, the party
dies and his heirs and successors, quarrelling among
themselves perhaps, have to and perforce litigate!?
Sometimes it appears the law and its interpretation
both have become a farce and its implementation a
joke a very costly joke for the suffering and more
so for the helpless and unprivileged people. - IMS.
Law Animated World, 30 June 2017
ISC-220 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
unless the person executing such document,
or their representatives, assigns or agents
authorised as aforesaid, appear before the
registering officer within the time allowed
for presentation under sections 23, 24, 25
and 26:
PROVIDED that, if owing to urgent
necessity or unavoidable accident all such
persons do not so appear, the Registrar, in
cases where the delay in appearing does not
exceed four months, may direct that on
payment of a fine not exceeding ten times
the amount of the proper registration fee, in
addition to the fine, if any, payable under
section 25, the document may be registered.
(2) Appearances under sub-section (l) may
be simultaneous or at different times.
(3) The registering officer shall thereupon
(a) enquire whether or not such document
was executed by the person by whom
it purports to have been executed;
(b) satisfy himself as to the identity of
the persons appearing before him and
alleging that they have executed the
document; and
(c) in the case of any person appearing
as a representative, assignee or agent,
satisfy himself of the right of such
person so to appear.
(4) Any application for a direction under the
proviso to sub-section (1) may be lodged
with a Sub-Registrar, who shall forthwith
forward it to the Registrar to whom he is
subordinate.
(5) Nothing in this section applies to copies
of decrees or orders."
Even this provision does not require presence of
both parties to the document when presented for
registration before the Registering Officer.
Section 35 of the Act of 1908 provides for
procedure of admission or denial of execution
respectively. The same reads thus:
Law Animated World, 30 June 2017
74
(2017) 1 LAW
"35. Procedure on admission and
denial of execution respectively
(1)(a) If all the persons executing the
document appear personally before the
registering officer and are personally
known to him, or if he be otherwise
satisfied that they are the persons they
represent themselves to be, and if they
all admit the execution of the
document, or
(b) If in the case of any person appearing
by a representative, assignee or agent,
such representative, assignee or agent
admits the execution, or
(c) If the person executing the document is
dead, and his representative or
assignee appears before the registering
officer and admits the execution,
the registering officer shall register the
document as directed in sections 58 to 61,
inclusive.
(2) The registering officer may, in order to
satisfy himself that the persons appearing
before him are the persons they represent
themselves to be, or for any other purpose
contemplated by this Act, examine any one
present in his office.
(3)(a) If any person by whom the document
purports to be executed denies its
execution, or
(b) if any such person appears to the
registering officer to be a minor, an
idiot or a lunatic, or
(c) if any person by whom the document
purports to be executed is dead, and his
representative or assignee denies its
execution,
the registering officer shall refuse to register
the document as to the person so denying,
appearing or dead:
PROVIDED that, where such officer is a
Registrar, he shall follow the procedure
prescribed in Part XII:
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
28[PROVIDED FURTHER that the State
Government may, by notification in the Official
Gazette, declare that any Sub-Registrar
named in the notification shall, in respect of
documents the execution of which is denied,
be deemed to be a Registrar for the purposes
of this sub-section and of Part XII.]"
Section 36 of the Act of 1908 provides for
procedure when appearance of the executant or
witness is insisted upon. The same reads thus:
Part VII
OF ENFORCING THE APPEARANCE OF
EXECUTANTS AND WITNESSES
"36. Procedure where appearance of
executant or witness is desired. If any
person presenting any document for
registration or claiming under any document,
which is capable of being so presented,
desires the appearance of any person whose
presence or testimony is necessary for the
registration of such document, the registering
officer may, in his discretion, call upon such
officer or court as the State Government
directs in this behalf to issue a summons
requiring him to appear at the registration-
office, either in person or by duly authorised
agent, as in the summons may be mentioned,
and at a time named therein."
25. The Andhra Pradesh High Court, in the case
of Yanala Malleshwari (supra) was called upon to
consider whether a person can nullify the sale by
executing and registering a cancellation deed and
whether the Registering Officer like District
Registrar and/or Sub-Registrar appointed by the
State Government is bound to refuse registration
when a cancellation deed is presented. The fact
remains that if the stipulation contained in
Sections 17 and 18 of the Act of 1908 are
fulfilled, the Registering Officer is bound to
register the document. The Registering Officer
can refuse to register a document only in
situations mentioned in Sections such as 19 to 22,
32 and 35. At the same time, once the document is
registered, it is not open to the Registering Officer to
cancel that registration even if his attention is invited to
75
ISC-221
some irregularity committed during the registration of
the document. The aggrieved party can challenge the
registration and validity of the document before the
Civil Court. The majority view of the Full Bench was
that if a person is aggrieved by the Extinguishment
Deed or its registration, his remedy is to seek
appropriate relief in the Civil Court and a Writ Petition
is not the proper remedy.
26. Section 35 of the Act does not confer a quasi-
judicial power on the Registering Authority. The
Registering Officer is expected to reassure that
the document to be registered is accompanied by
supporting documents. He is not expected to
evaluate the title or irregularity in the document
as such. The examination to be done by him is
incidental, to ascertain that there is no violation
of provisions of the Act of 1908. In the case of
Park View Enterprises (supra) it has been observed
that the function of the Registering Officer is
purely administrative and not quasi-judicial. He
cannot decide as to whether a document
presented for registration is executed by person
having title, as mentioned in the instrument. We
agree with that exposition.
This is a very defective interpretation of a certainly
deficient statutory provision. In that case ingenuous
fraudsters can get registered even Charminar or Taj
Mahal claiming them as their private properties and all
the parties to the deeds, vendors, purchasers, witnesses
can be set up with unassailable identities and the
registering officer, even if not colluding, would be
powerless, even if he knows fully well that these persons
have no iota of a claim on the properties. Much damage
can and will be done before any remedies can be sought
and granted by any civil court. No doubt the Act is quite
deficient and faulty but the interpretation also smacks of
hyper technical indifference. The Court has to sometimes
read into the vacuums in the statute and interpret as per
the purpose of the whole act which was to inculcate
certain confidence in the public to freely and fearlessly
proceed with their transactions basing on the knowledge,
wisdom and controlling powers of a welfare state. I also
suggest, and feel the Court ought to have also suggested,
that the legislature cure the defects in the statute and take
transitional steps to proceed from the system of document
registration to one of title-registration which is the real
desideratum. IMS.
Law Animated World, 30 June 2017
ISC-222 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
27. In absence of any express provision in the Act
of 1908 mandating the presence of the other party
to the Extinguishment Deed at the time of
presentation for registration, by no stretch of
imagination, such a requirement can be
considered as mandatory. The decision in the case
of Thota Ganga Laxmi (supra) is with reference to
an express provision contained in the Andhra
Pradesh Rules in that behalf. That Rule was
framed by the State of Andhra Pradesh after the
decision of Full Bench of the High Court.
Therefore, the dictum in this decision cannot have
universal application to all the States (other than
State of Andhra Pradesh). It is apposite to
reproduce paragraphs 4 and 5 of the said
judgment which read thus:
"4. In our opinion, there was no need for the
Appellants to approach the civil Court as the
said cancellation deed dated 4.8.2005 as well
as registration of the same was wholly void
and non est and can be ignored altogether.
For illustration, if 'A' transfers a piece of
land to 'B' by a registered sale deed, then, if
it is not disputed that 'A' had -the title to the
land, that title passes to 'B' on the registration
of the sale deed (retrospectively from the
date of the execution of the same) and 'B'
then becomes the owner of the land. If 'A'
wants to subsequently get the sale deed
cancelled, he has to file a civil suit for
cancellation or else he can request 'B' to sell
the land back to 'A' but by no stretch of
imagination, can a cancellation deed be
executed or registered. This is unheard of in
law.
5. In this connection, we may also refer to
Rule 26(i)(k) relating to Andhra Pradesh
under Section 69 of the Registration Act,
which states:
"(i) The registering officer shall ensure at
the time of preparation for registration of
cancellation deeds of previously registered
deed of conveyances on sale before him
that such cancellation deeds are executed by
all the executant and claimant parties to the
Law Animated World, 30 June 2017
76
(2017) 1 LAW
previously registered conveyance on sale
and that such cancellation deed is
accompanied by a declaration showing
natural consent or orders of a competent
civil or High Court or State or Central
Government annulling the transaction
contained in the previously registered deed
of conveyance on sale:
Provided that the registering officer shall
dispense with the execution of cancellation
deeds by executant and claimant parties to
the previously registered deeds of
conveyances on sale before him if the
cancellation deed is executed by a Civil
Judge or a Government Officer competent
to execute Government orders declaring the
properties contained in the previously
registered conveyance on sale to be
Government or Assigned or Endowment
lands or properties not register able by any
provision of law.
A reading of the above rule also supports
the observations we have made above. It is
only when a sale deed is cancelled by a
competent Court that the cancellation deed can
be registered and that too after notice to the
concerned parties. In this case, neither is
there any declaration by a competent Court
nor was there any notice to the parties.
Hence, this rule also makes it clear that
both the cancellation deed as well as
registration thereof were wholly void and
non est and meaningless transactions."
28. No provision in the State of Madhya Pradesh
enactment or the Rules framed under Section 69
of the Act of 1908 has been brought to our notice
which is similar to the provision in Rule 26(k)(i)
of the Andhra Pradesh Registration Rules framed
in exercise of power under Section 69 of the Act
of 1908. That being a procedural matter must be
expressly provided in the Act or the Rules
applicable to the concerned State. In absence of
such an express provision, the registration of
Extinguishment Deed in question cannot be labelled as
fraudulent or nullity in law. As aforesaid, there is
nothing in Section 34 of the Act of 1908 which
obligates appearance of the other party at the time
(2017) 1 LAW Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
of presentation of Extinguishment Deed for
registration, so as to declare that such registration
of document to be null and void. The error of the
Registering Officer, if any, must be regarded as error of
procedure. Section 87 of the Act of 1908
postulates that nothing done in good faith by the
Registering Officer pursuant to the Act, shall be
deemed invalid merely by reason of any defect in
the procedure. In the present case, the subject
Extinguishment Deed was presented by the
person duly authorised by the Society and was
registered by the Registering Officer. Once the
document is registered, it is not open to any Authority,
under the Act of 1908 to cancel the registration. The
remedy of appeal provided under the Act of 1908,
in Part XII, in particular Section 72, is limited to
the inaction or refusal by the Registering Officer
to register a document. The power conferred on
the Registrar by virtue of Section 68 cannot be
invoked to cancel the registration of documents
already registered.
29. In the dissenting opinion, reference has been
made to the decision of the Division Bench of the
Madras High Court in the case of E.R. Kalaivan
(supra). It was a case where the Registering
Officer refused to register the deed of
cancellation presented before him on the ground
that the cancellation deed was sought to be
registered without there being a consent from the
purchaser. The aggrieved person approached the
Inspector General of Registration who in turn
issued a circular dated 5.10.2007 addressed to all
the Registering Officers in the State, that the deed
of cancellation should bear the signatures of both
the vendor and the purchaser. The validity of this
circular was challenged by way of Writ Petition
before the High Court. In the present case, our
attention has neither been invited to any express
provision in the Act of 1908, Rules framed by the
State of Madhya Pradesh nor any circular issued
by the Competent Authority of the State of
Madhya Pradesh to the effect that the
77
ISC-223
Extinguishment Deed should bear the signatures
of both the vendor and the purchaser and both
must be present before the Registering Officer
when the document is presented for registration.
Absent such an express provision, insistence of
presence of both parties to the documents by the
Registering Officer, may be a matter of prudence.
It cannot undermine the procedure prescribed for
registration postulated in the Act of 1908.
30. The moot question in this case is: whether the
action of the Society to cancel the allotment of
the plot followed by execution of an
Extinguishment Deed was a just action? That will
have to be considered keeping in mind the
provisions of the Act of 1960 and the Bye-laws of
the Society which are binding on the members of
the Society. The interplay of the provisions of the
Contract Act and the Specific Relief Act and of
the Co-operative Laws and the Bye Laws of the
Society permitting cancellation of allotment of
plot or the membership of the concerned member
will have to be considered in appropriate
proceedings. Whether the decision of the Society
to cancel the allotment of plot made in favour of
its member is barred by the law of Limitation
Act, is again a matter to be tested in the
proceedings before the Cooperative Forum where
a dispute has been filed by the appellant, if the
appellant pursues that contention.
31. In our considered view, the decision in the case
of Thota Ganga Laxmi (supra) was dealing with an
express provision, as applicable to the State of Andhra
Pradesh and in particular with regard to the
registration of an Extinguishment Deed. In absence of
such an express provision, in other State legislations, the
Registering Officer would be governed by the provisions
in the Act of 1908. Going by the said provisions,
there is nothing to indicate that the Registering Officer
is required to undertake a quasi-judicial enquiry
regarding the veracity of the factual position stated in
the document presented for registration or its legality, if
the tenor of the document suggests that it requires to be
Law Animated World, 30 June 2017
ISC-224 Satya Pal Anand v. State of Madhya Pradesh & Ors. [IND-SC]
registered.The validity of such registered
document can, indeed, be put in issue before a
Court of competent jurisdiction.
32. In the present case, the document in question
no doubt is termed as an Extinguishment Deed.
However, in effect, it is manifestation of the
decision of the Society to cancel the allotment of
the subject plot given to its member due to non
fulfilment of the obligation by the member
concerned. The subject document is linked to the
decision of the Society to cancel the membership
of the allottee of the plot given to him/her by the
Housing Society. In other words, it is the decision
of the Society, which the Society is entitled to
exercise within the frame work of the governing
cooperative laws and the Bye-laws which are
binding on the members of the Society. The case
of Thota Ganga Laxmi (supra), besides the fact
that it was dealing with an express provision
contained in the Statutory Rule, namely Rule 26
(k)(i) of the Andhra Pradesh Registration Rules
1960, was also not a case of a deed for
cancellation of allotment of plot by the Housing
Society. But, of a cancellation of the registered
sale deed executed between private parties, which
was sought to be cancelled unilaterally. Even for
the latter reason the exposition in the case of
Thota Ganga Laxmi (supra) will have no
application to the fact situation of the present
case.
33. Taking any view of the matter, therefore, we
are of the considered opinion that, the High Court
has justly dismissed the writ petition filed by the
appellant with liberty to the appellant to pursue
statutory remedy resorted to by him under the Act of
1960 or by resorting to any other remedy as may be
advised and permissible in law. All questions to be
considered in those proceedings will have to be
decided on its own merits.
34. Accordingly, we dismiss this appeal in the
above terms with no order as to costs.
*****
Law Animated World, 30 June 2017
78
(2017) 1 LAW
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 THE GLOBALIZATION OF MISERY
THE GLOBALIZATION OF MISERY
Mosul on My Mind - What It Really
Means to Be on a Flattening Planet
The closest I ever got to Mosul, Iraqs second
largest city, was 1,720.7 miles away or so the
Internet assures me. Although Ive had a lifelong
interest in history, I know next to nothing about
Mosuls, nor do I have more than a glancing
sense of what it looks like, or more accurately
what it looked like when all its buildings,
including those in its Old City, were still
standing. It has or at least in better times had
a population of at least 1.8 million, not one of
whom have I ever met and significant numbers of
whom are now either dead, wounded, uprooted,
or in desperate straits.
Consider what I never learned about Mosul my
loss, a sign of my ignorance. Yet, in recent
months, little as I know about the place, its been
on my mind in part because whats now happening
to that city will be the worlds loss as well as mine.
In mid-October 2016, the U.S.-backed Iraqi
army first launched an offensive to retake Mosul
from the militants of the Islamic State. Relatively
small numbers of ISIS fighters had captured it in
mid-2014 when the previous version of the Iraqi
military (into which the U.S. had poured more
than $25 billion) collapsed ignominiously and
fled, abandoning weaponry and even uniforms
along the way. It was in Mosuls Great Mosque that
the existence of the Islamic State was first
triumphantly proclaimed by its caliph, Abu Bakr al-
Bagdadi.
On the initial day of the offensive to recapture
the city, the Pentagon was already congratulating
the Iraqi military for being ahead of schedule in
a campaign that was expected to take weeks or
even months. Little did its planners who had
been announcing its prospective start for nearly a
year know. A week later, everything was still
Courtesy: Tom Engelhardt & www.informationclearinghouse.info/;
dated 15 May 2017; emphases in bold ours - IMS.
79
Tom Engelhardt
proceeding according to our plan, claimed
then-U.S. Secretary of Defense Ashton Carter.
By the end of January 2017, after 100 days of
fierce fighting, the eastern part of that city,
divided by the Tigris River, was more or less
back in government hands and it had, according
to New York Times reporters on the scene, been
spared the wholesale destruction inflicted on
other Iraqi cities like Ramadi and Fallujah, even
though those residents who hadnt fled were
reportedly scratching out a primitive existence,
deprived of electricity, running water and other
essential city services.
And that was the good news. More than 100
days later, Iraqi troops continue to edge their way
through embattled western Mosul, with parts of it,
including the treacherous warren of streets in its
Old City, still in the hands of ISIS militants amid
continuing bitter building-to-building fighting.
The Iraqi government and its generals still insist,
however, that everything will be over in mere
weeks. An estimated thousand or so ISIS
defenders (of the original 4,000-8,000 reportedly
entrenched in the city) are still holding out and
will assumedly fight to the death. U.S. air power
has repeatedly been called in big time, with
civilian deaths soaring, and hundreds of thousands
of its increasingly desperate and hungry
inhabitants still living in battle-scarred Mosul as
Islamic State fighters employ countless bomb-
laden suicide vehicles and even small drones.
After seven months of unending battle in that
single city, perhaps it shouldnt be surprising that
Mosul has receded from the news here, even as
civilian casualties grow, at least half a
million Iraqis have been displaced, and the Iraqi
military has suffered grievous losses.
Though theres been remarkably little writing
about it, heres what now seems obvious: when the
fighting is finally over and the Islamic State defeated,
the losses will be so much more widespread than that.
Despite initial claims that the Iraqi military (and
the U.S. Air Force) were taking great care to
Law Animated World, 30 June 2017
80 The Globalization of Misery (Tom Engelhardt)
avoid as much destruction as possible in an urban
landscape filled with civilians, the rules of
engagement have since changed and its clear that,
in the end, significant swathes of Iraqs second largest
city will be left in ruins. In this, it will resemble so
many other cities and towns in Iraq and Syria,
from Fallujah to Ramadi, Homs to Aleppo.
THE DISAPPEARANCE OF MOSUL
At a moment when Donald Trump makes
headlines daily with almost any random thing he
says, the fate of Mosul doesn't even qualify as a
major news story. What happens in that city,
however, will be no minor thing. It will matter on this
increasingly small planet of ours. Whats to come is
also, unfortunately, reasonably predictable. Eight,
nine, or more months after this offensive was
launched, the grim Islamic State in Mosul will
undoubtedly be destroyed, but so will much of the city
in a region that continues to be to invent a word
rubblized.
When Mosul is officially retaken, if not ahead
of schedule, then at least according to plan,
the proud announcements of victory in the war
against ISIS will make headlines. Soon after,
however, Mosul will once again disappear from
our American world and worries. Yet that will
undoubtedly only be the beginning of the story in
a world in crisis. Fourteen years have passed since
the U.S. invaded Iraq and punched a hole in the oil
heartlands of the Middle East. In the wake of that
invasion, states have been crumbling or
simply imploding and terror movements growing and
spreading, while wars, ethnic slaughter, and all manner
of atrocities have engulfed an ever-widening region.
Millions of Iraqis, Syrians, Afghans, Yemenis,
Libyans, and others have been uprooted, sent into
exile, or fled across borders to become refugees.
In Mosul alone, untold numbers of people whose
fathers, mothers, grandparents, children, friends,
and relatives were slaughtered in the Iraqi
Armys offensive or simply murdered by ISIS
will be left homeless, often without possessions,
jobs, or communities in the midst of once familiar
places that have been transformed into rubble.
Mosul now lacks an airport, a railroad station, and a
Law Animated World, 30 June 2017
(2017) 1 LAW
university all destroyed in the recent fighting. Initial
estimates suggest that its rebuilding will cost
billions of dollars over many years. And its just
one of many cities in such a state. The question
is: Where exactly will the money to rebuild come
from? After all, the price of oil is at present
below $50 a barrel, the Iraqi and Syrian
governments lack resources of every sort, and
who can imagine a new Marshall Plan for the
region coming from Donald Trumps America or,
for that matter, anywhere else?
In other words, the Iraqis, the Syrians, the
Yemenis, the Libyans, the Afghans, and others are
likely, in the end, to find themselves alone in the ruins of
their worlds with remarkably little recourse. With
that in mind and given the record of those last 14
years, how exactly do you imagine that things
will turn out for the inhabitants of Mosul, or
Ramadi, or Fallujah, or cities yet to be destroyed?
What new movements, ethnic struggles, and
terror outfits will emerge from such a nightmare?
To put it another way, if you think that such a
disaster will remain the possession of the Iraqis
(Syrians, Yemenis, Libyans, and Afghans), then
you havent been paying much attention to the
history of the twenty-first century. You evidently
havent noticed that Donald J. Trump won the
last presidential election in the United States, in
part by playing on fears of a deluge of refugees
from the Middle East and of Islamic terrorism;
that the British voted to leave the European
Union in part based on similar fears; and that
across Europe pressures over refugees and terror
attacks have helped to alter the political
landscape.
Where Is Globalization Now That We Need It?
To frame things slightly differently, let me ask
another question entirely: In these last years,
havent you wondered what ever happened to
globalization and the endless media attention
that was once paid to it? Not so very long ago we
were being assured that this planet was binding itself
into a remarkably tight knot of interconnectedness that
was going to amaze us all. As Thomas Friedman of
the New York Times put it in 1996, we were
80
(2017) 1 LAW The Globalization of Misery (Tom Engelhardt)
seeing the integration of free markets, nation-states,
and information technologies to a degree never before
witnessed, in a way that is enabling individuals,
corporations, and countries to reach around the world
farther, faster, deeper, and cheaper than ever. All of
this was to be fed and led by the United States, the last
superpower standing, and as a result, the global
playing field would miraculously be leveled on a
planet becoming a mosaic of Pizza Huts, iMacs, and
Lexuses.
Who of a certain age doesnt remember those
years after the Soviet Union imploded when we all
suddenly found ourselves in a single superpower
world? It was a moment when, thanks to vaunted
technological advances, it seemed blindingly clear to the
cognoscenti that this was going to be a single-everything
planet. We were all about to be absorbed into a
single market for goods, capital, and commercial
services from which, despite the worries of
naysayers, almost everyone stood to gain. In
a world not of multiple superpowers but of
multiple supermarkets, we were likely to
become both more democratic and more
capitalistic by the year as an interlocking set of
transnational corporate players, nations, and
peoples, unified by a singularly interwoven set of
communication systems (representing nothing
short of an information revolution), triumphed,
while poverty, that eternal plague of humanity,
stood to lose out big time. Everything would be
connected on what was, for the first time, to be a single,
flattened planet.
It wont surprise you, Im sure, to be told that
thats not exactly the planet were now on. Instead,
whatever processes were at work, the result has
been record numbers of billionaires, record levels of
inequality, and refugees in numbers not seen since
much of the world was in a state of collapse after
World War II.
Still, dont you ever wonder where, conceptually
speaking, globalization is now that we need it? I mean,
did it really turn out that we werent living
together on a single shrinking planet? Were the
globalists of that moment inhabiting another
planet entirely in another solar system? Or could
it be that globalization is still the ruling paradigm
81
81
here, but that whats globalizing isnt (or isnt
just) Pizza Huts, iMacs, and Lexuses, but
pressure points for the fracturing of our world?
The globalization of misery doesnt have the cachet
of the globalization of plenty. It doesnt make for the
same uplifting reading, nor does skyrocketing
global economic inequality seem quite as thrilling
as a leveling playing field (unless, of course, you
happen to be a billionaire). And thanks
significantly to the military efforts of the last
superpower standing, the disintegration of
significant regions of the planet doesnt quite add
up to what the globalists had in mind for the
twenty-first century. Failed states, spreading terror
movements, all too many Mosuls, and the conditions for
so much more of the same werent what globalization
was supposed to be all about.
Perhaps, however, its time to begin reminding
ourselves that we're still on a globalizing planet, even
if one experiencing pressures of an unexpected
sort, including from the disastrous never-ending
American war on terror. Its so much more
convenient, of course, to throw the idea of
globalization overboard and imagine that Mosul
is thousands of miles away in a universe that
bears next to no relation to our own.
What it really means to be on a Flattening Planet
Its true that in France last week extremist
presidential candidate Marine Le Pen was defeated by a
young, little known former investment banker and
government minister, Emmanuel Macron, and the
European Union preserved. As with an earlier
election in Holland in which a similar right-wing
candidate lost, this is being presented as potentially
the high-water mark of whats now commonly called
populism in Europe (or the Brexit-style
fragmentation of that continent). But Id take such
reassurances with a grain of salt, given the
pressures likely to come. After all, in both Holland
and France, two extreme nationalist parties
garnered record votes based on anti-Islamic, anti-
refugee sentiment and will, after the coming
parliamentary elections in France, both be
represented, again in record numbers, in their
legislatures.
Law Animated World, 30 June 2017
82 The Globalization of Misery (Tom Engelhardt)
The rise of such populism think of it as the
authoritarian fragmentation of the planet is
already a global trend. So just imagine the situation
four or potentially even eight years from now
after Donald Trumps generals, already in the
saddle, do their damnedest in the Greater Middle
East and Africa. Theres no reason to believe that,
under their direction, the smashing of key regions of the
planet wont continue. Theres no reason to doubt
that, in an expanding world of Mosuls the
Syrian capital of the Islamic State, Raqqa, is
undoubtedly the next city in line for such
treatment victories wont produce a planet of
greater ethnic savagery, religious extremism, military
destruction, and chaos. This, in turn, ensures a
further spread of terror groups and an even more
staggering uprooting of peoples. (Its worth noting,
for instance, that since the death of Osama bin
Laden at the hands of U.S. Special Operations
forces, al-Qaeda has grown, not shrunk, gaining
yet more traction across the Greater Middle East.)
So far, Americas permanent war on terror has
helped produce a planet of fear, refugees on an
almost unimaginable scale, and ever more terror.
What else would you imagine could arise from
the rubble of so many Mosuls?
If you dont think that this is an ever-more
connected planet still being flattened (even if in
quite a different way than expected), and that
sooner or later the destruction of Mosul will
reverberate in our world, too, then you dont get
our world. Its obvious, for instance, that future
Mosuls will only produce more refugees, and you
already know where thats led, from Brexit to
Donald Trump. Destroy enough Mosuls and, even
in the heartland of the planets sole superpower,
the fears of those who already feel theyve been
left in a ditch will only rise (and be fed further by
demagogues ready to use that global flow of
refugees for their own purposes).
Given the transformations of recent years, just
think what it will mean to uproot ever vaster
populations, to set the homeless, the desperate, the
angry, the hurt, and the vengeful millions of adults
and children whose lives have been devastated or
destroyed in motion. Imagine, for instance, what
Law Animated World, 30 June 2017
(2017) 1 LAW
those pressures will mean when it comes to
Europe and its future politics.
Think about whats to come on this small planet of
ours and thats without even mentioning the
force that has yet to fully reveal itself in all its
fragmenting and globalizing and leveling power.
We now call it, mildly enough, climate change
or global warming. Just wait until, in the decades
to come, rising sea levels and extreme weather events
put human beings in motion in startling ways
(particularly given that the planets sole
superpower is now run by men in violent denial
of the very existence of such a force or the human
sources of its power).
You want a shrinking planet? You want terror?
You want globalization? Think about that. And do
you wonder why, these days, I have Mosul on my
mind?
[Tom Engelhardt is a co-founder of the
American Empire Project and the author of The
United States of Fear as well as a history of the
Cold War, The End of Victory Culture. He is a
fellow of the Nation Institute and runs
TomDispatch.com. His latest book is Shadow
Government: Surveillance, Secret Wars, and a
Global Security State in a Single-Superpower
World.]
*****
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82
 SOLVING 9/11: DECEPTION THAT CHANGED THE WORLD
Chapter VII
The Architecture of Terror:
Mapping the network behind 9/11
MOSSAD: AMERICA IS THE ENEMY
Other agents on the seven-person Mossad
team involved in the Eichmann kidnapping were
Avraham Shalom Ben-Dor and Rafael "Dirty
Rafi" Eitan, the senior Mossadnik [not the Chief
of Staff with the same name], who ran the
Jonathan Pollard espionage operation against the
United States in the 1980s. Eitan later told the
Israeli press that he had been made a scapegoat to
cover for Shimon Peres and Yitzhak Shamir,
senior Israeli politicians who knew about Eitan's
espionage network in America, but defended
themselves - and the state of Israel - by saying it
was "a rogue operation."
Eitan headed a special spying unit known as the
Scientific Liaison Office and directed a team of agents
working out of the Israeli Embassy in Washington when
the Pollard spy operation was exposed in 1985. For
Eitan, a minister in the current Israeli government
and member of the cabinet, the United States has
always been considered "the enemy."
Rafi Eitan, Mossad spymaster,
advisor to Fidel Castro, and Israeli
cabinet minister
That Eitan, a senior Israeli intelligence officer and
member of the Israeli cabinet, would say to one of
Israel's largest daily newspapers in 1997 that the
United States is an enemy of Israel, and that his
position would not be challenged, is something that,
unfortunately, very few Americans understand.
Continued from Law Animated World, 15 June 2017
issue; emphases in bold ours - IMS.
83
Christopher Bollyn
"I failed in the Pollard affair, just as I failed in
other intelligence operations beyond enemy
lines," Eitan told the newspaper Yediot Aharonot
in June 1997. "That is the lot of an intelligence
officer who runs complex intelligence operations.
When you work a lot and do a lot, especially in
the intelligence field, you win some and you lose
some," he said. "Nobody knows either about your
successes or your failures. It doesn't cause a fuss.
But this was a big fuss. You take such a
possibility into consideration, but there is nothing
you can do about it."
"I'm surprised he would admit this," Joseph
diGenova, the U.S. attorney who prosecuted the
case, said. "But this is basically all stuff that the
evidence in the case shows." DiGenova said
Eitan's statement was unusual in that it contradicted the
"official Israeli position" that the Pollard case had been
an unauthorized "rogue" operation, and in that Eitan
"does not refer to the United States as an ally, which is
regrettable." Eitan's statement about the Pollard
operation being an operation "beyond enemy lines"
reveals how Israeli intelligence veterans view the Israeli-
U.S. relationship, something DiGenova seems
unable or unwilling to grasp or articulate.
Eitan said he has close relations with senior Cuban
leaders, including Fidel Castro, and has helped develop
Cuba's agricultural infrastructure with Israeli
irrigation equipment, chemicals, pesticides and
fertilizers, along with agricultural advisers. According
to Eitan, the ten Israelis actively doing business in
Cuba for the past five years [1992-97] "have more
influence than Russia had in the last thirty years." The
business has developed Cuba's corn, citrus fruit
and tomato farming for export, and Eitan
represented "a long list of Israeli companies in Cuba."
"We are changing agriculture in Cuba," Eitan
said, adding that his business violated the U.S.
embargo and had made U.S. officials "very angry." He
declined to identify his business partners in Cuba,
citing a US law that penalizes foreigners doing business
in Cuba who use confiscated American property.
Eitan's revealing comments were published in the
Washington Times of June 22, 1997.
Law Animated World, 30 June 2017
84 Solving 9/11: The Deception that changed the World (Christopher Bollyn)
WHO IS ZVI MALKIN?
Peter Malkin (a.k.a. Zvi Malchin or
Milchman) was born in Poland in 1928 and raised
in British-occupied Palestine during the mandate
period. At age twelve, Malkin joined the Haganah,
the Zionist underground militia. In 1950, he joined
the Shin Bet, the Israeli security agency. He became
an explosives specialist and was known as a master of
disguises. Malkin preferred international work and
became chief of operations for the Israeli
intelligence agency, the Mossad. "During foreign
postings, Malkin posed as an artist," his March 3,
2005, obituary in the New York Sun said.
A very young Malkin "retired" as head of
operations of the Mossad in 1976 and moved to New
York, where he worked as "a security consultant" and
"posed as an artist." His "security consultant" work
clearly involved brokering the security contract for
the Port Authority and the World Trade Center - for
the Mossad. Malkin had not retired from the Mossad;
he'd gone undercover. Malkin's artist disguise is
probably the inspiration for the "art student"
operation to infiltrate DEA offices in 2001. It is
interesting to note that Michael Chertoff's mother,
Livia Eisen, one of the first Mossad agents,
owned an art gallery in Elizabeth, New Jersey,
when Malkin was posing as a painter in nearby
New York. These "retired" Mossadniks probably
spent a great deal of time together.
Mossad chief Peter Zvi Malkin brokered a deal in 1987 giving the
security contract for the Port Authority to fellow Mossadnik Avraham
Shalom Ben-Dor. The contract was cancelled when the PA discovered
Ben-Dor's criminal past, forcing Malkin and Ben-Dor to change tack
and use American partners.
Malkin, supposedly "retired" from the Mossad
in 1976 at the very young age of forty-eight.
This is a very similar profile to that of Shalom
Law Animated World, 30 June 2017
(2017) 1 LAW
Yoran, the former head of the I.A.I., Israel's
aircraft industry, who retired at age fifty and
moved to New York to write and speak about his
days as a Zionist soldier. Malkin moved to New
York, where he wrote, painted, and helped his
friend, Manhattan District Attorney Robert M.
Morgenthau, "on investigations." Morgenthau
helped Malkin get a "green card" and to become a
U.S. citizen.
Zvi Malkin, the Israeli intelligence agent who "will
forever be known as the man who captured Adolf
Eichmann," continued to work as "a security expert" in
the United States. "I'm out of the secret service business
for sure," he told Ralph Blumenthal of the New
York Times in May 2003. "But I help."
Peter Zvi Malkin,
smuggler of plutonium
for Israeli bombs
PLUTONIUM SMUGGLERS
The Washington Post revealed the serious
nature of the crimes Malkin, Shalom, and Eitan
had been involved in when it reported in 1986
that Rafi Eitan, posing as a chemist, had travelled,
in 1968, to the Pennsylvania nuclear processing
plant that secretly diverted several hundred
kilograms of weapons-grade uranium to Israel. A
declassified FBI document shows that another
Israeli, "Abraham Bendor, department of
electronics," accompanied Eitan on that trip.
Malkin and the same Avraham Bendor were
later named as the senior Israeli intelligence
agents who obtained the security contract for the
World Trade Center in 1987, only to lose the
contract when Bendor's criminal past was
discovered. Rafi Eitan, Zvi Malkin, and Avraham
Ben-Dor had been working together on super-
secret Israeli missions from 1960 through 1987,
when they obtained the security contract with the
Port Authority, the owner of the World Trade
Center. For the Mossad and the WTC, however,
1987 was just the beginning.
84
(2017) 1 LAW Solving 9/11: The Deception that changed the World (Christopher Bollyn)
Rafi Eitan (top) senior
Mossadnik, snoozes during
a cabinet meeting on
January 20, 2007
KROLL, GREENBERG & THE ISRAELIS
Rebuffed in 1987, the Mossad team of Malkin
and Shalom didn't give up on Isser Harel's
prophecy of 9-11, which meant getting the Port
Authority security contract. They simply changed
tack and decided to work in a less obvious
manner, through dedicated and corrupt American
Zionists like Jules Kroll and Maurice Greenberg.
Shalom went to work for Kroll, according to the
online 9/11 Encyclopedia entry for Maurice
"Hank" Greenberg, the CEO of the American
International Group (A.I.G.) insurance company.
Messrs Malkin, Eitan, and Abe Shalom/Ben-
Dor crop up frequently in Miami in the 1980s and
1990s: "Israeli intelligence agent, author and
artist Peter Z. Malkin" addressed the Young
Leadership Council of the Greater Miami Jewish
Federation, for example, on October 8, 1991, at
the Hyatt Regency in Miami, according to the
Miami Herald.
Defense Minister Ehud
Barak (left) talks with
Rafi Eitan before a cabinet
meeting, May 25, 2008.
Amazingly, a "Rafi Eitan" and "Abe Shalom"
even shared the same address in Miami in the
1990s. An "Abe Shalom" also shared a Miami
address at 19707 Turnberry Way with a Morris
(and Lillian) Saffati, a name very similar to that
of the Miami-based Israeli agent who sold
weapons to the Medellin drug cartel, Maurice
(and Ilana) Sarfati, a.k.a. Moshe Tzorfati. "Abe
Shalom" also lived in Deal, New Jersey, near
Lillian Saffati, the wife of Morris. Are these the
tracks of the culprits or mere coincidences?
85
85
Through Avraham Shalom Ben-Dor, Kroll
Associates bought Palumbo Partners, the Miami-
based international security firm in August 1992,
reportedly "to expand in key Latin American
markets."
"According to sources in the industry,
Palumbo brought with him a personal history of
involvement with the Medellin and other South
American narcotics cartels; his business included
helping relocate some of the capabilities of these
cartels out of Colombia," the 9/11 Encyclopedia
says. "The deal to bring Palumbo into Kroll was
worked out by Avram Shalom, the former head of
Israel's Shin Bet secret police," the 9/11 Encyclopedia
says, without documenting the claim.
In 1993, Maurice Greenberg became a partner
and co-owner of Jules Kroll's company when
A.I.G. bought twenty percent of Kroll. Greenberg
is very close to Henry Kissinger, who became
chairman of A.I.G.'s International Advisory
Board in 1987.
Jules Kroll of Kroll Security Maurice Greenberg of A.I.G.
Greenberg was deeply involved in China in the
1980s, where Henry Kissinger represented A.I.G.
Through the China trade, Greenberg became
close to Shaul Eisenberg, the leader of the Asian
section of the Israeli intelligence service Mossad,
and agent for the sales of sophisticated military
equipment to the Chinese military, it reports.
Eisenberg was also the owner of Atwell Security
of Tel Aviv.
Greenberg also has a joint venture with the
founder of Amdocs. Greenberg's insurance
subsidiary in Israel, called A.I.G. Golden, is a
joint venture with Morris Kahn's Aurec Group
(the parent company of Amdocs), an Israeli
Law Animated World, 30 June 2017
86 Solving 9/11: The Deception that changed the World (Christopher Bollyn)
private equity firm with cable and telecom
investments. Kahn was an original investor in
Amdocs Ltd., of which his Aurec Group is the
parent company. Aurec is meant to signify
"golden" from the Latin, hence the gilded name
of the A.I.G. subsidiary.
Morris Kahn, Israeli founder
of Amdocs, and partner of
Maurice Greenberg
Jules Kroll is connected with the 9-11 players
Kenneth Bialkin and Larry Silverstein through
the Citizens Budget Commission of New York.
Kroll's wife, Lynn Korda Kroll, the Vice
Chairman of the United Jewish Appeal (UJA)
Federation of New York, is likewise connected to
Silverstein, a national chairman of the UJA, the
biggest fund-raising organization for the State of
Israel.
Maurice Greenberg and Jules Kroll are
connected to the key players of 9-11 in so many
ways that their connections would fill a book. For
the purpose of this chapter, however, there are a
few key connections that need to be underlined:
Maurice Greenberg and Jules Kroll became
partners in 1993, the same year Kroll
Associates "was chosen over three other
companies to advise the Port Authority on a
redesign of its security procedures." "We
have such confidence in them that I have
followed every one of their recommendations,"
Stanley Brezenoff, the Port Authority
executive director, told the New York
Times in 1994.
Kroll controlled security at the World Trade
Center complex in 2001 and was
responsible for hiring John O'Neill, the
former chief of counterterrorism for the
FBI, who died on 9-11, reportedly his first
day on the new job.
Law Animated World, 30 June 2017
(2017) 1 LAW
Greenberg's son, Jeffrey W. Greenberg,
became CEO of Marsh & McLennan
(MMC) in 1999 and chairman in 2000. The
first plane of 9-11 flew directly into the secure
computer room of Marsh (Kroll) USA, part of
Greenberg's company. Mark Wood, an
eyewitness, said: "It looked like a mid-sized
executive jet and the way it turned suggested it
was being aimed deliberately at a target."
Lewis "Jerry" Bremer, the U.S. proconsul
who ran occupied Iraq until the end of June
2004, joined Marsh Kroll's crisis group
shortly after 9-11. Bremer had worked
closely with Kissinger since the 1970s and
was managing director at Kissinger
Associates in 2001.
Jerome M. Hauer, the former director of
Mayor Giuliani's Office of Emergency
Management, was responsible for having
the command bunker built in Larry
Silverstein's WTC 7. Hauer was a managing
director for Kroll in 2001.
Kroll revamped security at the World Trade
Center after the 1993 terrorist bombing.
Kroll was reportedly responsible for
security at the World Trade Center on 9-11.
"Over the last two years, the Port Authority
of New York and New Jersey has paid
Kroll $2.5 million to overhaul security at
the World Trade Center and evaluate
procedures at the agency's bridges, tunnels
and airports," the New York Times reported
on September 1, 1994.
Kroll was hired by Kuwait in October 1990
to find the hidden wealth of Saddam
Hussein.
Kroll began profiting from the war in Iraq in
April 2003 when it received contracts to
provide protection and security for government
agencies and companies in Iraq.
Kroll's son, Jeremy M. Kroll, is the
Managing Director at Marsh Kroll and has
served as General Manager at Kroll's
Information Security Group (i.e. computer
security). He is responsible for business and
strategic development, business
86
(2017) 1 LAW Solving 9/11: The Deception that changed the World (Christopher Bollyn)
intelligence, investigations, forensic
accounting, and security services, such as
those Kroll provided to the Port Authority
and the World Trade Center prior to 9-11.
Jeremy Kroll serves on the board of the Israel-
based Challenge Fund with Israeli government
officials from the highest level, including Israel's
National Security Advisor and Head of the
National Security Council, a former head of Shin
Bet, former Directors General of the
Ministries of Foreign Affairs and Defense,
former Commanders of the Israel Air Force,
Central Command, and the Technology and
Logistic Branch of the IDF, as well as the
head of Boeing (Israel) and the son of
Yitzhak Shamir. The Challenge Fund uses
money raised through the Bronfman and
Andreas (ADM) families to fund Israeli
companies, like ViryaNet.
KROLL & THE CHALLENGE FUND
The Challenge Fund is an Israeli intelligence
funding operation, based in Israel and also known as
Etgar, which means "challenge" in Hebrew. This
limited partnership involves the biggest players in the
Zionist funding network in North America with the
most senior officers in Israeli military intelligence. This
is one of the key funding entities for Israeli intelligence
operations in the United States. The operation
describes itself as, "two Delaware limited
partnerships focused on equity investments in
Israel-related privately held and publicly traded
companies."
The Challenge Fund was founded in July
1995. A second fund, The Challenge Fund - Etgar
II L.P., was established in 1999. The funds claim
to have a capital base in excess of $200 million,
"making them one of Israel's leading sources of
private investment capital." Challenge Fund
investors include "a highly distinguished group of
American and European investors," primarily
members of the extended Bronfman and Andreas
families. Charles de Gunzburg, for example, a
Bronfman cousin, is on the funds' "investment
committee." Bronfman, which means distiller in
Yiddish, is the family behind Seagram's, the
Canadian whisky company.
87
87
Andreas is the family behind the grain broker
Archer Daniels Midland (ADM). The funds are
managed by the "Challenge Partners," a small
team of "experienced professionals," all Israelis
of course, headed by Joseph Ciechanover, the
president of the funds and member of the
"Investment Committee". Ciechanover is a
former chairman of state-owned El Al Israel
Airlines. Living in New York, he is also a
member of the NASDAQ Advisory Board. He
previously served as President of PEC Israel
Economic Corporation [P for Palestine], which
was later merged into I.D.B. Holding [Israel
Discount Bank], a private investment and holding
company.
Israelis Joseph Ciechanover (left) and his brother Aaron (center) talk
to Elie Wiesel at a meeting of Nobel Laureates in Petra, Jordan,
May 18, 2005. The meeting was sponsored by Wiesel and
the King of Jordan. (Photo by Salah Malkawi/Getty)
Tamar Ciechanover
Ciechanover served as Chairman of the Board
of Israel Discount Bank, Israel's third largest
commercial bank, and was a member of the Bank
of Israel Advisory Committee. He also served as
Director General of Israel's Ministry of Foreign
Affairs, Head of Israel's Defense Mission to the
United States and Canada, and General Counsel to
the Israel Ministries of Defense and Agriculture.
Ciechanover's daughter, Tamar, is a "managing
partner" of the funds.
Law Animated World, 30 June 2017
88 Solving 9/11: The Deception that changed the World (Christopher Bollyn)
Another partner of the Challenge Funds is
Maj. General Ilan Biran, the Chairman of the
Board of Rafael Armament Development
Authority Ltd. (since June 2007), former Director
General of the Israeli Ministry of Defense, and
president and CEO of Bezeq, the Israel
Telecommunication Corp. During his military
service, Biran served as Commander of the
Central Command and the Technology and
Logistic Branch of the IDF.
Maj. General Ilan Biran, former
Director General of the Israeli Ministry of
Defense, is Chairman of Rafael Armament
Development Authority Ltd.
On the "advisory board" with Jeremy Kroll sit
some of the most interesting people involved in
the Challenge Funds. One is David Ivry, president
of Boeing [Israel]. Ivry has held several senior
military and diplomatic related positions,
including Commander of the Israel Air Force
(1977-82), an unprecedented ten-year period as
Director General of the Ministry of Defense
(1986-96), and Israel's chief representative to the
U.S.-Israel Strategic Dialogue. Ivry moved from
the highest position in the Ministry of Defense to
become the Minister of Strategic Affairs at the
Prime Minister's office from 1996 to 1999, and
Ambassador to the U.S. from January 2000
through 2002. Ivry has twice served as Chairman
of the Board of Israel Aircraft Industries (IAI).
Maj. Gen. David Ivry (right) with Shimon Peres (left) and Rona Ramon
at 3rd Ramon Annual Int. Space Conference, January 30, 2008
Law Animated World, 30 June 2017
(2017) 1 LAW
From October 1977 to the end of 1982 [i.e.
during the period of Israel's most egregious
criminal aerial bombings on Lebanon], Ivry
commanded the Israel Air Force (IAF). Ivry also
directed the IAF's criminal destruction of the
Osirak nuclear reactor in Iraq. Ivry has a history
of directing criminal actions using aircraft.
In 1962, David Ivry became the commander of
the first Israeli squadron of the French Dassault
Mirage fighter jet. During the six-day war of
1967, Ivry served as a Mirage pilot and the
commander of the Mystre squadron. Ivry was
either personally involved in the criminal Israeli
attack on the U.S.S. Liberty with Mirage fighters
or commanded those who were. Thirty-four
American servicemen lost their lives in the Israeli
attack. In any case, Ivry has clearly been involved
in numerous war crimes and has shown very little
regard for American lives.
Yaakov Peri (a.k.a. Jacob Perry)
Director of Shin Bet 1988-94
Another member of the Challenge Fund
advisory board is Jacob Perry (a.k.a. Yaacov
Peri). Perry is another former head of the Shin
Bet (Director GSS, 1988-94). In 1995, Perry left
the secret service and "joined the business sector"
with his appointment as president and CEO of
Cellcom Israel Ltd., Israel's largest wireless
telephone service provider.
Avi Naor (Aharonovich) of the Aurec Group
and president and CEO of Amdocs is another
member of the Challenge Fund's advisory board.
In addition to Ciechanover, the Challenge
Fund has been managed by Yair Shamir, the son
of Yitzhak Shamir, the Zionist terrorist who was
involved in numerous assassinations, including
the 1947 murder of the U.N. envoy to Palestine,
Folke Bernadotte, a member of the Swedish royal
family. Shamir is also suspected of being
involved in the murder of President John F.
Kennedy.
88
(2017) 1 LAW Solving 9/11: The Deception that changed the World (Christopher Bollyn)
Yair Shamir
During his term in the Air Force, Yair Shamir,
"attained the rank of colonel and served as head
of the electronics department, the highest
professional electronics position within the Air
Force," according to his biography.
These are the kind of high-level Israeli
intelligence agents that work with Jeremy Kroll
on the "advisory board" of the Challenge Fund.
Kroll brings a degree in fine arts (French and
Italian) from Georgetown and his executive
position with Kroll to the table. Who do you think
makes the strategic decisions in this group? It
was, I submit, through these connections with
Kroll and Greenberg that agents of Israeli
military intelligence gained control of security of
the World Trade Center and were able to carry
out 9-11.
Finis.
Schematic Diagrams of Zionist Terror Network:
Ptech and Computer Network Funding Network
WTC Security Network [Links to these three given]
Sources and Recommended Reading
9-11 Encyclopedia (Wiki "encyclopedia" at www.
911review.org), "Maurice Greenberg," http:// 911
review.org/Sept11Wiki/Greenberg,Maurice.shtml
Babcock, Charles R., "Israeli Firm Loses
N.Y.Airport Award Official Involved in Killings
of Hijackers," Washington Post, April 12, 1987
Bennet, James, 'Spilled Blood is Seen as Bond That
Draws 2 Nations Closer', New York Times,
September 12, 2001
Bollyn, Christoper, "Euro Intel Experts Dismiss
'War On Terrorism' As Deception," American Free
89
89
Press, December 4, 2001; http://www.ratical.org/
ratville/CAH/911deception.html
Bollyn, C., "Intel Experts Say 9-11 Looks Like A
Hollywood Show," December 2001; http://www.
globalresearch.ca/articles/BOL403A.html
Bollyn, C., "How Did Israeli Spy Software Get
Onto Critical FAA Computers?" 28 January 2008
http://www.bollyn.com/index/?id=10797
Bollyn, C., " Mossad: The Israeli Connection to
9/11," April 8, 2005 http://www.rumormillnews.
com/cgi-bin/archive.cgi?read=68985; http://www.
thetruthseeker.co.uk/article.asp?ID=3007
Bollyn, C., "How Mossad Deceived the U.S. Military
on 9/11," 1 April 2005; http://www.bollyn.com/
index/?id=10761
Bollyn, C., "9-11 Mossad Agents Admit Mission:
'Our Purpose Was To Document The Event'," June
28, 2002; http://www.bollyn.com/index/?id=10372
Bollyn, C., "Israelis Hold Keys To NSA/US
Military Computer Networks," June 16, 2006
http://www.rense.com/general72/sisi.htm
Bollyn, C., "9-11 Planes Flew Directly into Secure
Computer Rooms in Both Towers," January 2007
http://www.erichufschmid.net/TFC/Bollyn-Fuji-
WTC.html
Bollyn, C., "The Planes of 9-11," October 15, 2007
http://www.bollyn.com/index/?id=10708
Bollyn, C., "America the Target: 9-11 and Israel's
Use of Terrorism to Coerce the West," January
2008 http://www.bollyn.com/index/?id=10769
Bollyn, C., "When Terror Drills Turned Real: 9-11,
the London Bombings & the Sinking of Estonia,"
March 11, 2008 http://www.bollyn.info/home/
articles/911/solving911ch3/
Bollyn, C., "The Key Players of 9-11 - Who is Jerome
Hauer?" January 20, 2008 http://www.rumor
millnews.com/cgi-bin/forum.cgi?read=117351
Bollyn, C., "How Did Jerome Hauer Wind Up in
Indiana?" January 22, 2008 http://www.rumor
millnews.com/cgi-bin/forum.cgi?read=117445
Buelow, Andreas von, (interview) "Former Top
German Minister Rejects Official Story Of 911
Attacks," Tagesspiegel, January 13, 2002 http://
www.ratical.org/ratville/CAH/VonBuelow.html
Law Animated World, 30 June 2017
90 Solving 9/11: The Deception that changed the World (Christopher Bollyn)
Delevan, Richard, "Welcome to the Art of Electronic
Warfare," The Irish Times, October 5, 2001
Evans, Michael D., "Is America in Bible Prophecy?"
August 2004 http://www.beliefnet.com/story/151/
story_15136_1.html
Frantz, Douglas, "A Midlife Crisis at Kroll
Associates," New York Times, September 1, 1994
Hecht, Jamey, "Ptech, 9-11, and USA-Saudi Terror,"
From The Wilderness Publications, 2005; http://
www.fromthewilderness.com/free/ww3/012005_pte
ch_pt1.shtml; http://www.fromthewilderness.com/
free/ww3/012705_ptech_pt2.shtml
James, George, "Ex-Koch Deputy Favored As Head
of Port Authority," New York Times, August 2,
1990
Kaplan, Kenneth, "The Colombia Connection,"
Jerusalem Post, September 1, 1989
Le Carr, John, The Little Drummer Girl, Hodder &
Stoughten Ltd., London, 1984
Lueck, Thomas J., "Port Authority Powerhouse:
Stephen Berger; Revving Up the 'Economic
Engine'," New York Times, August 2, 1987
O'Sullivan, Arieh, "GSS Agent 'Proud' To Have
Murdered Terrorists," Jerusalem Post, July 24, 1996
Piller, Charles, "Electric power grids vulnerable to
hackers", Los Angeles Times (also published in
Milwaukee Journal Sentinel), August 20, 2001
Singh, Indira, Speaking about Ptech, 9-11 Citizens'
Commission, September 9, 2004 Part 1: http://
video.google.com/videoplay?docid=486115846669
9324733 Part 2: http://video.google.com/
videoplay?docid=-368745798563225089
"Suspicious Activities Involving Israeli Art Students
at DEA Facilities," U.S. Drug Enforcement
Administration, Office of Security Programs,
Summer 2001 http://cryptome.org/dea-il-spy.htm
The Architecture of Terror: Mapping the Israeli
Network Behind 9-11, July 25, 2008.
Final Edit August 21, 2009; Latest Correction
February 17, 2010. [END OF CHAPTER 7]
*****
Law Animated World, 30 June 2017
(2017) 1 LAW
PLEASE NOTE
Two precious research based books on some aspects of
freedom struggle in India, published by Marxist Study
Forum, available for sale at 40% discount for individuals.
1. REMEMBERING OUR REVOLUTIONARIES
(Price: Rs. 300/-) by Prof. Satyavrata Ghosh;
Ed: I.M. Sharma
2. EASTER REBELLION IN INDIA:
THE CHITTAGONG UPRISING
by I. Mallikarjuna Sharma, Price: Rs. 360/-.
Recognized even by the British adversaries as an amazing
and daring coup which brought an electric effect and
changed the entire outlook of the Bengal revolutionaries,
the Chittagong Uprising played a glorious role and occupies
an important place in the history of the Indian Freedom
Struggle. In addition to giving rise to an unprecedented surge
of revolutionary action by the Bengali youth, it also inspired
lakhs of people all over India and gave a great fillip to the
national movement. The historic role of the armed
revolutionaries in our struggle for independence is generally
overlooked or cast aside with mere lip service. The same fate
generally befell the Chittagong revolutionaries too.
This book as if atones for the general wrong done to these
heroic rebels. It contains several precious and informative
articles about the Irish Easter Rebellion and its inspiration to
the Indian revolutionaries, and about the daring deeds and
glowing sacrifices of the Chittagong revolutionaries led by
Masterda Surya Sen
A book not to be missed by serious students of history or
devoted patriots of the motherland
MO/Cheques/DDs to be sent in favour of:
I. MALLIKARJUNA SHARMA,
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90
(2017) 1 LAW Historical inevitability or electoral corruption? [IMS]
( Carried from p. 2 )
The above booklet was prepared after the
completion of the 1921 Nizam State Census and on
the basis of statistics compiled in the census report
and was published in 1924. It was written with due
care and in sufficient detail to make aware to the
activists of the Andhra movement the necessary
details helpful to the movement. Another very
inspiring and educative booklet, not published by
the Kendra Sangham, was in verse: In praise of
Nizam State ( ), written by the twin
poets and Satavadhanis Dupati Seshacharyulu and
Venkata Ramanacharyulu the first a retired
teacher in British Andhra region and the second a
retired teacher under the Nizam State Education
Department, both passed away by the time Sri
Madapati wrote this book Andhroadyamam
narrating the historical glory of the Nizam State
Andhras in sweet flowing Telugu verses and
inculcating pride and inspiration among the Andhra
activists to promote the Andhra culture and the
Andhra movement.
In a footnote, Sri Madapati explained that the
publication of booklets continued and in the period from
1339F to 1345F, which may be called the second phase of
the Andhra movement, apart from the four reports of
the various Andhra Mahasabhas Jogipet,
Devarakonda, Khammam, Sircilla Andhra
Mahasabhas, about 15 booklets were published by the
Kendra Sangham important among them being,
1. Some suggestions to cultivators, translation in
Telugu of Urdu essays by Sri Sarvotham Rao,
B.A.G., an agricultural officer in the Nizam
Government; 2. Courts and native languages, by
Sri M. Narayana Rao, High Court Vakil from
Mahabubnagar; 3. Vice of Drinking; 4. Libraries, by
Sri Suravaram Pratap Reddy; 5. Our freedom of
speech; 6. Explanatory notes on Gasthi Nishan 53;
7. Alleviation of the Ryots debt misery; 8. Our
educational problems by Sri Kommavarapu Subba
Rao; and 9. Nizam State Census 1931.
Sri Madapati also pays glowing tributes to the early
activists of the Andhra movement in the Nizam State who
by the dint of their zeal and perseverance built up the
movement block by block. Underscoring the
importance of propagandists for any movement he
acknowledges that the Nizam Andhra movement was
built strenuously by some dedicated honorary volunteer,
and one paid but very efficient and devoted, activists in the
91
initial stages. Sri Puvvada Venkatappaiah, then a
teacher in the Suryapet Government School, had on
his own toured many towns and villages and
propagated the need and aims of the Andhra
movement. He expired in the initial phase of the
movement itself. Another was Sri T.K. Bagaiah,
who being a government officer, still did
propaganda for the Andhra movement effectively.
Another volunteer activist to whom Sri Madapati
accords a pride of place is Smt. Chatrati, Head
Mistress of Government Schools in Yerrupalem,
Khammam District and Hasanparthi, Warangal, and
a well versed scholar in Sanskrit and Telugu, who
spent her own moneys and lectured in many
meetings to promote the cause of the Andhra
movement. A child widow, she did exemplary
social service and expired in Hanamkonda. Another
activist, Sri Gangula Sai Reddy also rendered
selfless service to the movement.
But among all, Sri Unnava
Venataramaiah, the quite devoted
paid propagandist for the
Andhra movement, is accorded the
prime honor. He used to visit
various villages incessantly and
explain the aims and objects of
the movement to the public in a
succinct manner and people used
to regard him more as a leader of the Andhra
movement than a paid activist. Sri Komaragiri
Narayana Rao of Narayanatrayam also highly
praised his contribution to the movement as per his
biography authored by Sri G. Venkata Rama Rao,
who says all leaders from Madapati to Mandumula
were much dependent on Unnava who used to even
translate from Urdu to Telugu, as also write
speeches for the leaders of the movement apart
from setting up libraries in even remote villages,
etc. After his working thus for 8 years, Sri Madapati
laments, due to objections and insistence of the
Hyderabad State Government, he had to be removed and
later he withdrew to his native place, Unnava, at
Guntur. Per G.V. Rama Rao it seems even after the
Police Action (1948) Sri Unnava Venkataramaiah was
active in Hyderabad working for the propagation and
promotion of Hindi Prachar Sabha and Sarvodaya
movements. (to be continued)
*****
91 Law Animated World, 30 June 2017
 92 Law Animated World {30 June 2017} Postal Reg. No. HD/1098/2017-19

YOUR MOVE
- Kay Sage*
These are games without issue
La Passage Danger, Construction ahead I saw three cities Kay Sage Some have been played
FRAGRANCE and are therefore static
others will be
I feel unexpectedly and can still be played
delicious fragrance there are no rules
a perfume full of memories
no one can win or lose
of youth, of spring
they are arbitrary
which seems to follow my smile
and irrelevant
the motion of my hands.
But there is no reason why
I look in vain
anything should mean more
I cannot find it
what can it be? than its own statement
two and two
And then
in a flash, Ive got it do not necessarily make four
I know If that is a scientist at my door
thats it please tell him
that fragrance to go away
is the memory
of me. ***
*** SOME DAY
THE WINDOW Sometimes I see the sea as a wall;
My room has two doors the fishing boats are pasted
and one window. onto the side of the blue wall
One door is red and the other is gray. in a most curious manner.
I cannot open the red door;
Some day, when I am taller
the gray door does not interest me.
than myself in the mirror,
Having no choice,
when I have touched small trees and houses
I shall lock them both
with my hand
and look out of the window.
and crushed little people
*** with one finger,
AN OBSERVATION I shall climb to the top of this blue wall
The more I wonder, to see what is on the other side.
the loner I live, [*KATHERINE LINN SAGE (b. 25 June 1898: d. 8 January 1963),
how so much water
usually known as Kay Sage, an American Surrealist artist
can stay in a sieve.
and poet; was active between 1936-1963. A member of the
*** Golden Age and Post-War periods of surrealism, more
CHINOISERIE famous for her artistic works that typically contain themes
English, French, Italian of architectural nature; three of her arts given above.
I can write in all of these, Unable to bear the demise of her beloved second husband,
but, at best, they are translations. she committed suicide, in a second such attempt, shooting
I think in Chinese. directly into her heart.]
***** *****
Owned, Printed and Published by I. Balamani, 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan,
Hyderabad - 500082; Editor: I. Mallikarjuna Sharma; Ph: 23300284; E-mail: mani.bal44@gmail.com
and printed at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad-500 004 {Ph: 23304835, 23380000}
92