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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.”

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Gandhi Parivar vs Sangh Parivar, Revanth Reddy’s remark sparks BJP attack

Telangana Chief Minister Revanth Reddy’s remarks contrasting the Gandhi Parivar with the Sangh Parivar triggered a BJP response accusing Congress of prioritising the Gandhi family.

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Telangana Chief Minister Revanth Reddy’s remarks comparing the Gandhi Parivar and Sangh Parivar have triggered a political exchange, with the BJP hitting back at the Congress leader.

Speaking in Kerala on Friday, Mr Reddy described the contest over India’s future as a fight between the two “parivars”. He said the Gandhi family had made sacrifices for the country while accusing the Sangh Parivar of attempting to divide India on the basis of religion, caste, region and language.

What Revanth Reddy said

Mr Reddy cited Mahatma Gandhi, Indira Gandhi and Rajiv Gandhi while speaking about what he described as sacrifices made by the Gandhi family.

He also referred to Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi, saying they had given up positions, power and high office.

The Telangana Chief Minister said he had no remaining personal political ambitions and described his objective as working towards a Congress-led government at the Centre with Rahul Gandhi as Prime Minister.

Mr Reddy also appealed to people to stand with the Gandhi Parivar and oppose the Sangh Parivar. He described the latter as a threat to India’s democracy.

BJP hits back

The BJP responded to Mr Reddy’s remarks on Saturday.

BJP spokesperson Pradeep Bhandari said the Telangana Chief Minister’s comments amounted to an admission that Congress’s objective was to bring the Gandhi family back to power.

He also linked Mr Reddy’s remarks to the ongoing political debate around “vote chori”, the Election Commission, the Constitution and democracy, arguing that the Congress’s focus was instead on the Gandhi family.

The exchange adds to the political confrontation between the BJP and Congress, with Mr Reddy presenting the Gandhi Parivar and Sangh Parivar as opposing forces in India’s political future, while the BJP has interpreted his remarks as evidence of Congress’s focus on the Gandhi family.

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India hits back at Shehbaz Sharif at UN, says terror will have consequences

India hit back at Pakistan Prime Minister Shehbaz Sharif’s UN speech, with New Delhi warning that terrorism will have consequences.

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India has responded to Pakistan Prime Minister Shehbaz Sharif’s remarks at the United Nations, delivering a strong message on terrorism and warning that such actions will have consequences.

The response came after Mr Sharif addressed the UN and raised issues concerning India and Pakistan. New Delhi rejected the narrative presented by the Pakistani prime minister and highlighted the issue of terrorism.

India’s message was delivered by Petal Gehlot, who represented New Delhi in the response to Pakistan.

India warns Pakistan over terrorism

India’s response focused on Pakistan’s record and its approach towards terrorism. New Delhi made clear that terrorism cannot be separated from its consequences and that those responsible cannot expect such actions to go unanswered.

The Indian side also pushed back against the claims and allegations made by Mr Sharif during his UN speech.

The exchange comes amid continuing tensions between India and Pakistan, with terrorism remaining a major point of disagreement between the two countries.

Shehbaz Sharif’s UN remarks

In his address, Pakistan Prime Minister Shehbaz Sharif spoke about India-Pakistan relations and raised several issues concerning New Delhi.

India subsequently exercised its right of reply to respond to Pakistan’s statements at the United Nations.

New Delhi’s response underlined its position that terrorism remains a serious issue in the relationship and that there would be consequences for terrorist actions.

The latest exchange at the UN adds to the continuing diplomatic confrontation between the two neighbouring countries.

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Veeramani POCSO case: Vijay questions Stalin over earlier probe

Tamil Nadu Chief Minister Vijay has questioned MK Stalin over the handling of the Veeramani POCSO case, while Stalin has rejected allegations that the previous DMK government protected anyone.

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Actor Vijay

Tamil Nadu Chief Minister and Tamilaga Vettri Kazhagam (TVK) president C Joseph Vijay has questioned DMK president MK Stalin over the handling of the POCSO case involving Gem Granites founder R Veeramani. The political exchange follows renewed investigation into allegations involving minor girls.

Vijay’s remarks came as the ruling TVK stepped up its questions about how the case was handled during the previous DMK government. The party’s IT wing has alleged that the earlier investigation was weakened and questioned why a final report was filed.

The allegations have been rejected by the DMK. Stalin has said that no order was issued by the DMK government to protect anyone in the case and has called the allegations false and defamatory.

What did Vijay say about the Veeramani case?

Vijay questioned Stalin over the handling of the case and demanded an explanation from the former chief minister.

The TVK has specifically questioned why action was not taken against Veeramani during the previous administration and why the earlier investigation resulted in a closure report.

The party has also raised questions about the role of officials involved in the earlier investigation. These are political allegations made by the TVK and have not been established as facts.

What is the Veeramani POCSO case?

The case concerns allegations of sexual abuse of minors involving R Veeramani, the founder of Gem Granites.

The case came under renewed scrutiny after a special POCSO court rejected an earlier closure report and ordered further investigation. The expanded probe has subsequently identified additional alleged survivors who were minors at the time of the alleged offences, according to current reporting.

The investigation is also examining the circumstances surrounding the earlier probe and whether there were any lapses in how the case was handled.

What has MK Stalin said?

Stalin has rejected allegations that the previous DMK government protected Veeramani.

He has said that no order was issued by the DMK government to shield anyone in the case. Stalin has also said that everyone responsible for the alleged offences, including anyone who aided or attempted to protect the accused, should face the law.

The DMK president has further said that the focus should remain on securing justice for the affected girls rather than making political allegations.

Why has the case become a political issue?

The Veeramani case has become the subject of a political dispute between the ruling TVK and the DMK over the handling of the earlier investigation.

The TVK is questioning the previous government’s handling of the case, while the DMK has denied that it intervened to protect the accused.

At this stage, claims about political interference or deliberate weakening of the earlier investigation should be treated as allegations unless established by the ongoing investigation or judicial proceedings.

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