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A Dramatic, Powerful Initiative

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(L to R) Former law secretary P K Malhotra, Supreme Court judge Justice N V Ramana, Former Supreme Court judge Justice B N Krishna, Editor of India Legal, Inderjit Badhwar and Chief Justice of Bombay High Court Justice Pradeep Mandar in the Legal Leadership Conclave /Photo: Anil Shakya

Above: (L to R) Former law secretary P K Malhotra, Supreme Court judge Justice N V Ramana, Former Supreme Court judge Justice B N Srikrishna, Editor-in- Chief of India Legal, Inderjit Badhwar and Chief Justice of Bombay High Court Justice Pradeep Nandrajog in the Legal Leadership Conclave /Photo: Anil Shakya

By Inderjit Badhwar

As the first and only weekly, independent politico-legal journal that covers an entire gamut of legal news and developments in the country, India Legal magazine has constantly endeavoured to promote the spread of legal education. This approach forms the bedrock of all our media initiatives, including the widely acclaimed news channels APN TV and N1 News. Both carry national news as well as in-depth, interactive legal programmes, including a live, daily legal helpline.

India Legal weekly, APN TV and N1 News channels are a part of the ENC Group which takes great pride and responsibility in promoting new ideas, initiatives, and recommendations for the benefit of not only the legal fraternity but also society at large. In continuing with this tradition, we are pleased to inform our readers about the launch of a series of Legal Leadership Conclaves in partnership with the Supreme Court Bar Association and various national law universities and state legal authorities.

While it is common to hear of leadership summits and conclaves which focus on themes like politics, business, technology, arts and culture, it’s rather rare to have a forum exclusively dedicated to the exchange of ideas on law.

The Legal Leadership Conclave is a significant attempt by the ENC Group to fill that void. These conclaves are being held nationwide on a wide range of contemporary legal issues with the participation of sitting judges of the Supreme Court and high courts and several other legal luminaries and thought leaders.

By the time this issue hits the stands, we would have hosted the first of these events on April 27, 2019, at the St Regis Hotel, Mumbai, with the Insolvency and Bankruptcy Code (IBC) as the topic for discussion.

Joining hands with India Legal for this Conclave are the Supreme Court Bar Association (SCBA), the Maharashtra National Law University, Mumbai (MNLU) and the India Legal Research Foundation (ILRF), all leading institutions in their own right. The SCBA, which works tirelessly in upholding the professionalism and integrity of Supreme Court lawyers, is an important pillar of our legal system.

Our second partner, MNLU, is one of the youngest national law universities and is already taking great strides by attracting some of the brightest minds in the country. Our third partner, the ENC Group-promoted ILRF, is a non-profit organisation which is committed to bringing justice to those who deserve it but cannot afford it.

At the time we were planning the Mumbai conclave a few weeks back, the IBC emerged as the topic for discussion almost unanimously, the reasons for which are not hard to fathom. The IBC is a major economic reform initiated in the country in recent times to provide for a time-bound insolvency resolution process. Since it was enacted in 2016, as many as 12,000 insolvency cases have been filed under it and around Rs 1 lakh crore has been recovered through insolvency proceedings. Before the introduction of the IBC, it took companies about four to five years to dissolve their operations; now the time has dropped drastically to a year.

As with any new legislation, however, the IBC’s smooth implementation has been riddled with many issues that had not been thought of at the time of drafting the legislation. Some of these issues have been addressed by way of legislative amendments and court orders. This conclave proffered another opportunity for various stakeholders to deliberate on several aspects such as practical issues in the insolvency resolution process and recent developments in the IBC as well as a prognosis of what is to come.

—India Legal

India News

Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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India News

India offers forensic DNA support to identify Nepal flood victims

India will make forensic laboratory facilities available for DNA profiling of first-degree relatives of people missing after Nepal’s August 26 flash floods.

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India has offered forensic laboratory support to help identify people who remain missing after the devastating flash floods in Nepal.

The Ministry of External Affairs (MEA) said central and state forensic laboratories in India will make their DNA profiling facilities available for first-degree biological relatives of people missing after the August 26 flash floods in Nepal.

DNA samples can be provided by relatives in India

According to the MEA, first-degree biological relatives living in India can have their biological samples collected and DNA profiles prepared.

The relatives can include a person’s father, mother, son, daughter or sibling. DNA profiling can be carried out at Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs), laboratories of the National Forensic Sciences University (NFSU), and NABL-accredited laboratories with DNA profiling capabilities.

The initiative is intended to support Nepal’s ongoing process of identifying mortal remains recovered after the flash floods.

DNA profiles to be compared with unidentified remains

The MEA said the DNA profiling may use Autosomal STR DNA profiling, as advised by Nepal Police, subject to the technical requirements communicated by the Nepali authorities.

Once prepared, DNA profiles and the preliminary information required by Nepalese authorities can be sent to Nepal Police by email for comparison with DNA profiles obtained from unidentified mortal remains.

The Indian Embassy in Kathmandu will also facilitate coordination, with copies of the DNA profiles to be shared with the embassy for this purpose.

Nepal flood death toll rises

The death toll from the flash floods has risen to at least 1,259, according to Nepalese authorities, after rescue workers recovered additional bodies from affected areas.

More than 12,000 people have been rescued, while around 5,000 people remain missing as search and rescue operations continue.

The flash floods, which followed an ice-rock avalanche near the Nepal-Tibet border, caused extensive destruction across towns and villages in northern and central Nepal.

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India News

PM Modi hails ISRO after successful GSLV-F17 launch, calls it proud moment

PM Modi congratulated ISRO after GSLV-F17 successfully launched EOS-05, calling the achievement a proud moment for India.

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Prime Minister Narendra Modi on Friday congratulated the Indian Space Research Organisation (ISRO) after the successful launch of the GSLV-F17 rocket carrying the EOS-05 Earth observation satellite, describing the achievement as a proud moment for the nation.

The GSLV-F17 lifted off at 2:55 a.m. IST from the Satish Dhawan Space Centre in Sriharikota, Andhra Pradesh. The EOS-05 satellite was subsequently placed into its designated sub-geosynchronous transfer orbit.

PM Modi praises ISRO’s growing capabilities

In a post on X, PM Modi said the successful mission reflected the excellence, innovation and expanding capabilities of India’s space sector.

He also highlighted the growing partnership between ISRO and Indian industry, saying it was strengthening India’s space programme and expanding capabilities across the wider space ecosystem.

The prime minister described the successful launch of GSLV-F17 carrying EOS-05 as another outstanding achievement by ISRO and a matter of national pride.

EOS-05 strengthens earth observation capabilities

According to the report, EOS-05 is India’s first-ever imaging satellite from geosynchronous orbit. The satellite is designed to provide continuous observation of the country from an altitude of nearly 36,000 km above Earth.

The mission is expected to strengthen India’s earth observation capabilities and support advanced imaging and observation applications.

ISRO Chairman Dr V Narayanan expressed satisfaction with the mission, saying the satellite was precisely injected into its intended orbit.

Mission Director Thomas Kurian described the launch as a significant milestone for the GSLV programme. He said it was the 19th flight of the GSLV and noted that EOS-05 is the heaviest satellite the launch vehicle has placed into a geosynchronous transfer orbit or sub-GTO orbit.

GSLV-F17 launch vehicle details

The GSLV-F17 stands 51.7 metres tall and has an approximate liftoff mass of 420.5 tonnes.

Science and Technology Minister Jitendra Singh also congratulated the ISRO team following the successful mission. He described EOS-05 as a state-of-the-art Earth observation satellite capable of advanced imaging across visible, infrared, multispectral and hyperspectral bands.

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