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Legal Leadership Conclave on Arbitration & Mediation: the need and the problems

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Union Minister for Road Transport and Highways Nitin Gadkari

The Legal Leadership Conclave on Challenges & Future of Arbitration and Mediation in India with its stimulating and thought-provoking ideas and suggestions drew to a close with a valedictory address by former Chief Justice of India, Justice S Rajendra Babu. The highlight was a special address by Union Minister for Road Transport and Highways Nitin Gadkari.

Former union law secretary PK Malhotra also spoke briefly, observing that India is really heading to become a hub in Mediation. “Mediation is the future for settlement of disputes. The challenge is how best the implementation can be done,” he said. 

Union Minister for Road Transport and Highways Nitin Gadkari, like previous speaker, also recalled Mahatma Gandhi’s quote: “I had learnt the true practice of law. I had learned to find out the better side of human nature and to enter man’s heart. I realized that the true function of a lawyer was to unite Parties riven as under. The lesson was so indelibly burnt into me.”

Citing real life examples from his own experience, Gadkari said, “As Transport Minister, I am facing many problems for delays because of land acquisition, forest clearance and banking problem – projects get delayed. That creates lots of complications for completing the projects… Then litigation starts.”Legal Leadership Conclave

He said by itself “litigation is not the problem, but ‘Time’ is the most important factor; it takes years to resolve the issue.” The delays destroy contractors who never get justice and this is causing economic crisis in different fields in the country, Gadkari said.

He said there is need for independent, impartial, fair arbitration to settle all the disputes.

“I always say I like people who can get the things done. “That’s the reason, keeping in mind time factor, I request everyone to resolves issues keeping the time factor,” said Gadkari.

Addressing the practitioners of law, he said, “I feel that, in many litigations that are pending,  your intervention as arbitrators will really resolve the  issues and create wealth for the country.”

Former Chief Justice of India,S. RajandraBabu referred to the grand old days when not a single dispute went to courtsand matters were settled through mediation or arbitration between disputants locally.

Moving on to talk of some problems that have crept into the process of mediation and arbitration in India, he said that Arbitration was originally was supposed to settle issues in 4 months. Then, he said, “some judges dragged on some cases even to four years in recent instances.”Legal Leadership Conclave

He said that the sole purpose of alternative dispute resolution or Arbitration – whateverthe name may be –is to reduce the time, reduce the cost. It has to be time efficient, cost efficient. However, he said, “In personal experience, in Arbitration, both the purposes were not fulfilled.”

He remarked on the trend of retired judges being appointed as arbitrators to say that is “one thing to be taken care of”.

Finally, he said efficiency of Arbitration depends on the people involved – the parties, the representatives, and the arbitrators themselves. While Arbitration is not expensive, the behaviour of the people involved can make it expensive and inefficient, he said.The flexibility in Arbitration can thus be a blessing or a curse.

Editor-in-Chief, India Legal magazine, InderjitBhadwar congratulated all speakers at the conclave for their engrossing observations.  “We had Star power in keeping the audience till the last minute,” he remarked.

Thanking all honoured guests, who participated fully in spirit of mediation and Arbitration, he said, “We must sit together and reason together, which is ultimately, the only way out of conflict.”

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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