[Harper Collins Case] After Parties Fail To Arrive At Mutual Settlement, Delhi HC Decides To Adjudicate On Merits

first_imgNews Updates[Harper Collins Case] After Parties Fail To Arrive At Mutual Settlement, Delhi HC Decides To Adjudicate On Merits LIVELAW NEWS NETWORK9 Sep 2020 4:25 AMShare This – xA Single Bench of Justice Najmi Waziri of the Delhi High Court on Wednesday reserved judgment on the appeal filed Harper Collins Publishers against the order of a Delhi civil court which restrained the publication of the book “Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction”. During the course of hearing today, Justice Waziri noted that 5,000 books had already…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA Single Bench of Justice Najmi Waziri of the Delhi High Court on Wednesday reserved judgment on the appeal filed Harper Collins Publishers against the order of a Delhi civil court which restrained the publication of the book “Gunning for the Godman: The True Story Behind Asaram Bapu’s Conviction”. During the course of hearing today, Justice Waziri noted that 5,000 books had already been printed. Thus, he orally remarked that these many books “cannot be undone” and suggested the parties to arrive at a “mutual closure”. However, after seeking instructions, Senior Advocate Devadatt Kamat, appearing for the respondent,  asked the Court to adjudicate on merits. Kamat argued that the Court had to strike a balance between 5,000 books of a Publication House and the Reputation and Right to fair Trial of the Defendant/Plaintiff, who was co-convicted as Asaram’s aide.Yesterday, the Court had heard Senior Advocate Kapil Sibal for the publisher and Senior Advocate Devadatt Kamat for the respondent Sanchita Gupta for over an hour. The Court had inquired from Mr. Kamat if there is any Judgment on pre-censorship in cases of conviction.Responding to this query today, Kamat referred to a Division bench Judgment of the Bombay HC in Mushtaq Moosa v. Govt of India where publication of a film, based on the book Black Friday, pending appeals filed by the Bombay blast accused, was restrained.Reading out excerpts from the Judgment, Kamat said “Extreme proposition that judges are never influenced or impressed by extraneous publications is difficult to be accepted”.Kamat argued that release of the book will cause an irreparable damage to the Defendant/Plaintiff’s reputation and will adversely affect her Right to a fair trial.At this juncture, Sr Adv Sibal intervened and pointed out that Mr. Kamat had conveniently missed an important aspect of Mushtaq Moosa Judgment. He pointed out that the Bombay HC had passed the injunction order in the above case only until delivery of Judgment by the TADA Court.”Film was permitted to be released until passing of Judgment. Where is censorship after conviction? Mr. Kamat has conveniently missed the operative part,” Sibal argued.He further submitted that he is not denying that the Respondent/Plaintiff has a right to reputation. He said that the book should be released and if the Plaintiff is aggrieved, she may file a suit for defamation. However, he added that he shall take the defence of Truth in those proceedings as the book was based on the facts disclosed in the conviction Judgment rendered by the Special POCSO Court, Jodhpur.After that, the judge urged the parties to explore the scope and settlement and adjourned the hearing for sometime.Later, the parties told the bench that settlement failed.Justice Waziri has reserved judgment and the order is likely to be released on the HC website. The book, alleged to be a true story of the facts surrounding the conviction of self-styled godman Aasaram Bapu was authored by Ajay Lamba, Additional Commissioner of Police, Jaipur and Sanjiv Mathur. It was scheduled to be released last Saturday. The impugned order was passed ex-parte on September 4 by the Additional District Court, Patiala House in Delhi restraining its publication in a suit filed by Sanchita Gupta, who was convicted as an aide of the self-styled godman in a case related to rape of a minor. The Civil Court observed that the publication of the book could cause irreparable harm to the reputation of the plaintiff. During the course of the hearing yesterday, Senior Advocate Kapil Sibal, appearing for Harper Collins, submitted that the law on ex-parte injunction against publication is that the plaintiff has to show utmost good faith. However, in the instant case, the plaintiff did not approach the court with clean hands, as the judgment of the trial court that convicted and sentenced her was not appended along with the plaint. “What the Respondent/Plaintiff claims to be Defamatory, are observations made by the Court. They have suppressed material facts by not annexing the Judgment. On this ground alone, the application should be dismissed”, Sibal argued. He pointed out that the High Court has only suspended the sentence and that the conviction is still in operation. He further submitted that while passing the impugned order, the trial court fell into “serious error” in not considering the settled principles of law against pre-publication censorship which is unconstitutional as it is against the right to freedom of expression under Article 19 (1) (a) of the Constitution of India. Sibal further submitted that the plaintiff approached the court on the last minute, just a day before the scheduled publication even though the publication was announced in media in the last week of July, and this factor should be held against them. Senior Advocate Devadatt Kamat (assisted by Advocates Rajesh Inamdar, Naman Joshi and Karan Khanuja), appearing for the respondent/plaintiff, submitted that the matter was still sub-judice, and the publication of the book can cause prejudice to the appeal and tarnish her reputation. “If tomorrow the Special Court Judgment is reversed by the HC, the book, standing with all its disclaimers, will be available in market. This will tarnish the reputation of Respondent/Plaintiff forever”, Kamat submitted. Kamat further submitted that the publisher should approach the trial court first, seeking vacation of the interim order by filing an application under Order 39 Rule 4 of the Code of Civil Procedure. When Kamat submitted that the book has dramatized the events, Justice Waziri orally remarked, “There has to be some license for the writer to write in a particular way. It cannot be drab like recording evidence”. Kamat also referred to the order passed by the High Court against the movie ‘Batla Hosue’. Justice Waziri replied that the said order was passed not on contest but after the film-makers voluntarily agreed to make changes. Kamat next referred to an order passed against the publication of a documentary on Nirbhaya case. Justice Waziri replied that it was passed after the Delhi police took the stand that the publication could affect the trial, which was pending then. Kamat also referred to the pre-publication restraint passed against Juggernaut from publishing a book on Baba Ramdev. At this juncture, Sibal, saying that he had appeared in the Ramdev case, submitted that it was not a case of conviction and that it was passed after the court found that there were some misstatements made against him. Sibal said that if the argument of the respondent is accepted, it would mean that even a judgment cannot be published or discussed. Next Storylast_img read more

Cautious geohacking

first_imgBy tailoring geoengineering efforts by region and by need, a new model promises to maximize the effectiveness of solar radiation management while mitigating its potential side effects and risks. Developed by a team of leading researchers, the study was published in the November issue of Nature Climate Change.Solar geoengineering, the goal of which is to offset the global warming caused by greenhouse gases, involves reflecting sunlight back into space. By increasing the concentrations of aerosols in the stratosphere or by creating low-altitude marine clouds, the as-yet hypothetical solar geoengineering projects would scatter incoming solar heat away from the Earth’s surface.“Our research goes a step beyond the one-size-fits-all approach to explore how careful tailoring of solar geoengineering can reduce possible inequalities and risks,” says co-author David Keith, Gordon McKay Professor of Applied Physics at the Harvard School of Engineering and Applied Sciences. Photo by Eliza Grinnell/SEAS CommunicationsCritics of geoengineering have long warned that such a global intervention would have unequal effects around the world and could result in unforeseen consequences. They argue that the potential gains may not be worth the risk.“Our research goes a step beyond the one-size-fits-all approach to explore how careful tailoring of solar geoengineering can reduce possible inequalities and risks,” says co-author David Keith, Gordon McKay Professor of Applied Physics at the Harvard School of Engineering and Applied Sciences (SEAS) and professor of public policy at Harvard Kennedy School. “Instead, we can be thoughtful about various trade-offs to achieve more selective results, such as the trade-off between minimizing global climate changes and minimizing residual changes at the worst-off location.”The study — developed in collaboration with Douglas G. MacMartin of the California Institute of Technology, Ken Caldeira of the Carnegie Institution for Science, and Ben Kravitz, formerly of Carnegie and now at the Department of Energy — explores the feasibility of using solar geoengineering to counter the loss of Arctic sea ice.“There has been a lot of loose talk about region-specific climate modification. By contrast, our research uses a more systematic approach to understand how geoengineering might be used to limit a specific impact. We found that tailored solar geoengineering might limit Arctic sea ice loss with several times less total solar shading than would be needed in a uniform case.”Generally speaking, greenhouse gases tend to suppress precipitation, and an offsetting reduction in the amount of sunlight absorbed by Earth would not restore this precipitation. Both greenhouse gases and aerosols affect the distribution of heat and rain on this planet, but they change the temperature and precipitation in different ways in different places. The researchers suggest that varying the amount of sunlight deflected away from the Earth both regionally and seasonally could combat some of this problem.“These results indicate that varying geoengineering efforts by region and over different periods of time could potentially improve the effectiveness of solar geoengineering and reduce climate impacts in at-risk areas,” says co-author Ken Caldeira, senior scientist in the Department of Global Ecology at the Carnegie Institution for Science.The researchers note that although their study used a state-of-the-art model, any real-world estimates of the possible impact of solar radiation management would need to take into account various uncertainties. Further, any interference in Earth’s climate system, whether intentional or unintentional, is likely to produce unanticipated outcomes.“While more work needs to be done, we have a strong model that indicates that solar geoengineering might be used in a far more nuanced manner than the uniform one-size-fits-all implementation that is often assumed. One might say that one need not think of it as a single global thermostat. This gives us hope that if we ever do need to implement engineered solutions to combat global warming, that we would do so with a bit more confidence and a great ability to test it and control it.”last_img read more

Newcastle return with a bang against Sheffield Utd

first_img The Magpies eventually took the lead with 55 minutes gone when Ritchie found space down the left and drilled in a low cross which defender Enda Stevens should have cleared. But he missed the ball, allowing Saint-Maximin to beat Henderson at his near post. Chris Wilder’s men might have been level within four minutes after full-back George Baldock picked out Sharp at the far post. Ritchie took advantage with 20 minutes remaining when, after picking up possession 40 yards out, he made ground and then unleashed a rising drive which screamed past the keeper. There was still time for Joelinton to wrap up the victory from Almiron’s 78th-minute cross. Speaking to Sky Sports Main Event after the game, Saint-Maximin was delighted to get back to winning ways. read also:WTO report raises fresh doubts over prospective Saudi takeover of Newcastle “Yes, I am really happy because my team win this game. I said before it was important to restart with a win and that is what we did today. “You always have to be ready and it is what I was in this game, I try to concentrate and score the goal to help my team, I’m really happy to score. “Everyone is happy because we work really hard and won 3-0 and it is a really good win.” FacebookTwitterWhatsAppEmail分享 Joelinton scored just his second Premier League goal as Newcastle dented 10-man Sheffield United’s charge for Europe with a 3-0 win on their return to action. Promoted ContentCouples Who Celebrated Their Union In A Unique, Unforgettable Way8 Superfoods For Growing Hair Back And Stimulating Its GrowthWhich Country Is The Most Romantic In The World?A Soviet Shot Put Thrower’s Record Hasn’t Been Beaten To This DayThe Very Last Bitcoin Will Be Mined Around 2140. Read More8 Ways Drones Will Automate Our Future6 Major TV Characters We Were Relieved To See Leaving The Show9 Facts You Should Know Before Getting A Tattoo10 Risky Jobs Some Women DoWe’re Getting More Game Of Thrones: Enter House Of The Dragon!6 Best 90’s Action Movies From Your Childhood7 Worst Things To Do To Your Phone Loading… The £40million Brazilian striker, who was guilty of a glaring first-half miss, redeemed himself 12 minutes from time to wrap up what proved to be a comprehensive victory at St James’ Park. Allan Saint-Maximin opened the scoring after 55 minutes after Blades defender John Egan had been sent off for a second bookable offence, and Matt Ritchie made it 2-0 with a sumptuous strike 14 minutes later. But it was Joelinton, whose last league goal had come 301 days earlier, who rounded things off to complete a double over the Blades – who would have gone fifth with a win – and a thoroughly satisfactory afternoon for the Magpies. The visitors, perhaps understandably with a game already under their belt, started the sharper, but it was Newcastle who created the game’s first real chances as Joelinton failed to make a telling connection with Ritchie’s 11th-minute corner before Saint-Maximin sent a dangerous pull-back skidding across the penalty area. Ritchie warmed Dean Henderson’s hands with a 14th-minute piledriver from distance as the Magpies grew into the game, but Joelinton squandered a golden opportunity three minutes later when he scuffed his shot with just the keeper to beat after Saint-Maximin and Miguel Almiron had staged a pacy counter-attack. Egan has to throw himself into the path of Jonjo Shelvey’s stinging 20th-minute strike and although Billy Sharp volleyed over at the other end, the home side continued to enjoy the better of it. The Blades restored a measure of control with Oliver Norwood prominent in the middle of the field as the half ran down without ever genuinely threatening Martin Dubravka’s goal. Newcastle were handed a potentially significant advantage within five minutes of the restart when Joelinton got the better of Egan as they set off in pursuit of Federico Fernandez’s clearance and the defender, who had already been booked, dragged him back and received a second yellow card.last_img read more

Black Satellites performance at the AYC will motivate us- Fred Crentsil

first_imgThe chairman of Ghana U17 team Fred Crentsil believes the performance of the Black Satellites at the just ended African youth tournament will motivate his side as they prepare for the African Junior Championship in Morocco.The Black Satellites won silver after losing 5-4 on penalties to Egypt in the final after 1-1 draw after extra-time.The Black Starlets are currently in Italy on a training tour to fine tune preparations.Crentsil, who doubles as the vice president of the Ghana Football Association, says the Under 20 teams silver-winning feat will not put pressure on his side.“I don’t think it put pressure on any of us rather it’s going to motivate us to ensure we get to the finals and at least succeed to bring the cup home,” Crentsil told Joy Sports.“We have missed out on two tournaments and this is the time that we going in there to ensure we bring back the trophy. “We have won it before and I believe with the support and prayers of Ghanaians we can go places.”Ghana will face West African neighbours, Nigeria, Ivory Coast and Congo in Group B.last_img read more

Traditional Medicine to Be Used at ‘All’ Health Centers

first_imgThe Liberian Government, through the Ministry of Health and Social Welfare, has finally launched a five-year plan on the usage of herbs (traditional/country medicine) in all health centers across the country.  The program is a part of the country’s new health care system.The Health Ministry, through the Division of Complementary Medicine, the Liberia Medical and Dental Council (LMDC), the Complementary Board and the Traditional Medicine Federation of Liberia (TRAMEDFOL) developed the plan, called the National Traditional Medicine Policy and Strategy.  The plan will run from 2015-2019.During the formal launch of the five-year policy and strategy on traditional medicine, the Assistant Health Minister for Planning and Policy, Mr. Benedict C. Harris, said the national traditional medicine policy and strategy would complement conventional medical practices in Liberia.During the launch over the weekend in Monrovia, Minister Harris said the process to develop this policy was consultative and participatory at all levels of the stakeholders within the country and it included a detailed situational analysis of traditional medicine in Liberia and a desk review of relevant documents and the regional policy framework on the alignment of the  West African Health Organization (WAHO) countries’ policy harmonization.Assistant Minister Harris, the developer of the Policy, said the Policy’s essential components include leadership and governance, building human resource capacity, financing, botanical research and development, manufacturing and infrastructure.“To achieve Liberia’s vision of becoming a middle-income country, the goal of this policy is . . . to improve, on an equitable basis, the health and social welfare status of the population of Liberia,” Assistant Minister Harris stated. “Sustained leadership, stakeholders’ commitment, resources and efforts are needed to achieve this through strengthened leadership and governance for traditional medicine practices in Liberia; increase mobilization of adequate domestic and external sustainable financial resources to support traditional medicine practices; improve human resource planning, develop  and manage traditional medicine practice in Liberia; ensure the establishment of traditional medicine infrastructure; and strengthen and develop research in the field of traditional medicine.”The Deputy Chief Medical Officer of Liberia, Assistant Minister Saye Dahn Baawo and Dr. Nyaquoi K. Kargbo, Registrar of the LMDC, in separate remarks, said the policy is aimed at reforming and integrating quality, accessible, equitable and sustainable traditional medicine in the healthcare service delivery system for all people in the country.Dr. Baawo said the government will continue to pledge its support to traditional medicines and the first phase of strategy will be the national data registry of all Liberian herbalists across the country.For his part, Dr. Kargbo said the LMDC is pleased to witness the attached/or an annexed unit of traditional medicine at all health centers for patients to choose their kind of treatment.The Director of Complementary Medicine, Dr. Edwin S. Quoibia, expressed his appreciation to organizations and individuals that provided assistance and support in planning, developing and finalizing the Policy. He especially thanked LMDC and their Resource Director, Dr. Moses G. Y. Pewu.“We would like to appeal to all of our partners for their continual cooperation and support to the five-year Policy,” Dr. Quoibia said.The Policy is intended to serve as a guide for Liberians, other partners and traditional medicine workers in implementing and furthering the needed reforms of traditional medicine in Liberia. The policy has been developed to integrate traditional medicine practices with the conventional Western medical practices within Liberia’s health system. It focuses attention on leadership and governance, financing, human resources research and development, including infrastructure and manufacturing.The policy will apply to all institutions, organizations, individuals and other stakeholders involved with traditional medicine in the country. The application of this policy extends but will not be limited to herbalists, homeopath, acupuncturists, ayurvedic, osteopath, therapeutic massagers, drugless therapists, bone setters, traditional midwives, chiropractic, steam bath and food supplements.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)last_img read more