Chatter #11: Essential Legal Bytes (Faux Judiciary, Pan & Aadhar, Cryptos, Raunchy Bar, Sunny Leone)

Legal stories this week include Judiciary's failing of India, Linking Pan & Aadhar, Money Laundering and Cryptos, Raunchy Dances at Bar's Holi, Harassing Sunny Leone

Chatter #11: Essential Legal Bytes (Faux Judiciary, Pan & Aadhar, Cryptos, Raunchy Bar, Sunny Leone)
Photo by Frida Lannerström / Unsplash
Photo by Jonny Gios / Unsplash
“Lock up your libraries if you like; but there is no gate, no lock, no bolt that you can set upon the freedom of my mind.” ― Virginia Woolf, A Room of One's Own

1. Dikastocratic moral busybodies

Irrespective of the hifalutin rhetoric on things like Democracy and Freedom from the courts, the fact is that when democracy and the nation really needed the courts, they - the highest of the judiciary - betrayed it.  

In the landmark case in 1976, a five judge constitution bench comprising Chief Justice A.N. Ray, and Justices H.R. Khanna, M.H. Beg, Y.V. Chandrachud, and PN Bhagwati decided one of the most controversial judgments in the history of the Supreme Court -the ADM Jabalpur v. Shivkant Shukla case (popularly referred to as the ADM Jabalpur case or the  habeas corpus case).  It was decreed that during the Emergency (1975 to 1977), a person's right to not be unlawfully detained (i.e. habeas corpus) can be suspended.

Only ONE judge dissented.  Justice HR Khanna.  And he never made it to the Chief Justice.  The rest did.  The current Chief Justice never disowned or discredit the entire legal legacy of his father and the other so-called judicial luminaries, who shamed the very foundation of democracy when it mattered the most.

You see, you don't need the high morals for everyday cases.  You need the high pillars of judiciary for the day when things fall apart!  And when they did, Judiciary betrayed every India.  So, if there is one institution in India which does not have a locus standii to claim high morality, that is the Judiciary.

Unfortunately, it has attributed to itself the right to straighten the democracy in which it had no stake (given its history) nor mandate.  

We repeat - the Indian judiciary is converting the Indian democracy into a Dikastocracy!

Similarly, they are at it again.  Unless the common man wakes up and demands her or his right of vote to decide his fate, someone else will continue make decisions on their behalf.  Whoever that is - British, Foreign Agents or Groups like Judiciary - it will be anything but Democracy.

Supreme Court’s Constitution bench directs appointment of CEC and EC on advise of the committee consisting of the PM, leader of opposition and the CJI | SCC Blog
In a petition filed, stating that the current system of the executive appointing the members of the Election Commission is unconstitutional

The Securities and Exchange Board of India (SEBI) has instructed all investors to link their PAN with Aadhaar number by the end of March to ensure smooth transactions in the securities market. Failure to comply with this requirement will result in non-KYC compliance, and there may be restrictions on securities and other transactions until the Permanent Account Number and Aadhaar are linked. In March 2022, the Central Board of Direct Taxes issued a circular stating that a person's PAN will become inoperative if it is not linked with Aadhaar by March 31, 2023. Failure to furnish, intimate or quote the PAN will result in consequences under the Income-tax Act, 1961.

SEBI Asks Investors To Link PAN With Aadhaar By March 31
The non-compliance with this would be considered non-KYC compliant, and there could be restrictions on securities and other transactions.

3. Money laundering Laws on Cryptos

The Indian government announced on March 7 that its money laundering laws will now apply to trading in cryptocurrencies. According to a notification, the exchange of virtual digital assets with fiat currencies, the exchange of one or more forms of virtual digital assets, and the transfer of digital assets will be subject to the money laundering laws. Additionally, the safekeeping or administration of virtual digital assets and participation in financial services related to the offer and sale of virtual digital assets will also be covered.

India’s money laundering rules to apply to crypto trade - gov’t notification
India’s money laundering laws will apply to trade in cryptocurrencies, the federal government said in a notification dated March 7.

4. Bar Association hosts Raunchy Item Dances on Holi

Multiple lawyers have written letters to the New Delhi Bar Association (NDBA) and the Bar Council of Delhi to express their objections over the recent Holi Milan celebrations at the Patiala House court complex on Wednesday. The event featured women performing 'item dance numbers'. The lawyers' letter stated that the event was completely inappropriate and sexist, and that it was not fitting for a bar association to host such an event.

"Unfortunately yesterday we also came across some video clippings of a celebration organized by the Delhi Bar Association on the occasion of Holi, featuring scantily-clad women dancers, performing what can best be described as inappropriate dance numbers ..It is totally inappropriate, sexist, and unbecoming of lawyers to host such an event under the official name of any Bar Association and in the premises of a court. As lawyers we ought to uphold the Constitution and work towards gender equality in the workplace," the letter stated.
Lawyers object to item dance during Holi milan celebration organised by New Delhi Bar Association in Patiala House court
Several lawyers have written to the New Delhi Bar Association (NDBA) and the Bar Council of Delhi objecting to the recent Holi Milan celebrations at the Patiala

5. Harrassing Sunny Leone

Sunny Leone, her husband, and an employee are accused in a crime based on a complaint filed by a Kerala-based event manager. The complainant alleged that despite paying Leone a large sum of money to appear and perform at events, the actress did not show up. The Kerala High Court recently stated that it is leaning towards dismissing the criminal proceedings against Sunny Leone (Karanjit Kaur Vohra), her husband Daniel Weber, and their employee in a case of fraud registered against them.

“She is being harassed unnecessarily”: Kerala High Court on cheating case against Sunny Leone
The Kerala High Court on Thursday said that it is inclined to quash the criminal proceedings against actress Sunny Leone (Karanjit Kaur Vohra), and her hus

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