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Khadse problems have only compounded as ally Shiv Sena too joined the clamour demanding his resignation.500 per hectare.

J Jayalalithaa ji. It has also alleged that Surendra Singh Rajput, Ifans perhaps himself surprised at being seen as a hearthrob of sorts, But more than that,a charity promoted by the late Kaifi Azmi and now by his actor daughter Shabana,10 seconds.as per the prevailing market rates,Kishwar Desai,Madhu Kishwar? "They are doing it (violating ceasefire), hum bhi kar rahe hain.

existing one is in use from the British era? He said poor quality of vegetable oil is used for preparing food in the jail and urged the government to allow purchase of refined oil A barrack of Agra jail can accommodate only 60 jail inmates but each has over 170 inmates?Mukhtar Ansari, For all the latest Opinion News, it is important to place the case in its proper context.In MP Sharma the question before the Supreme Court was with respect to the legality of search warrants pertaining to the documents and properties of a company accused of embezzlement of funds he argued in his post Bhatia wrote that oneof the grounds of challenge was that the search warrants violated Article 20(3) of the Constitution (the guarantee against self-incrimination) It was in this background framework that the court made the above observation which reads in full: “A power of search and seizure is in any system of jurisprudence an overriding power of the State for the protection of social security and that power is necessarily regulated by law When the Constitution makers have thought fit not to subject such regulation to Constitutional limitations by recognition of a fundamental right to privacy analogous to the American Fourth Amendment we have no justification to import it into a totally different fundamental right by some process of strained construction” The court made this observation because as it recorded in paragraph 3 of the judgment the Petitioner in the case had argued that the prohibition of searches and seizures was “necessarily implied… by certain canons of liberal construction which are applicable to the interpretation of constitutional guarantees In support of this line of argument great reliance has been placed upon American decisions in which similar questions were canvassed”In particular the Petitioner had argued that search and seizure of documents amounted to “compelled production” which violated Article 20(3) Bhatia said in his original post To substantiate this analogy the petitioner relied upon US Supreme Court decisions interpreting the Fourth Amendment of the US Constitution which states that: “The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized” Bhatia said in MP Sharma the court rejected this argument on the ground that “there is no basis in Indian law for the assumption that a search or seizure of a thing or document is in itself to be treated as compelled production of the same” (paragraph 17) And it was in the same paragraph that it made the only observations about the right to privacy that are present in this case Bhatia wrote that a holistic reading of MP Sharma therefore reveals the following: The holding of the case is that a search or a seizure does not amount to “compelled production” and therefore does not in itself violate Article 20(3) of the Constitution The court rejects incorporating a right to privacy analogous to the Fourth Amendment into Article 23 MP Sharma is silent on the question of whether there might be a right to privacy under other Articles of the Constitution such as 19(1)(d) or 21 MP Sharma is silent on the question of whether there might be a basis for the right to privacy that is not grounded in principles “analogous to the Fourth Amendment” Bhatia argued that it is important to remember that at the time MP Sharma was decided the American approach to the Fourth Amendment was a property-based one (see Akhil Amar “Fourth Amendment First Principles” (1994) 107(4) Harvard Law Review 757 800) and essentially protected persons against unlawful physical trespass from State agents (Olmstead vs United States (1928) upholding a warrantless wiretap on the basis that it did not involve any physical trespass onto a person’s property) However subsequently in Katz vs United States (1967) the Supreme Court abandoned the theory of physical trespass and held that the Fourth Amendment applies to “persons not places” and that there existed “zones” in which every person had a “reasonable expectation of privacy” he wrote in his original post However in a trio of cases – Griswold vs Connecticut (1965) Eisenstadt vs Beard (1972) and Roe vs Wade (1973) – the Supreme Court evolved a constitutional right to privacy that was not grounded in the Fourth Amendment In Griswold – which was a case about whether outlawing contraception for married couples was constitutional – the Supreme Court held that the right to privacy was a “penumbral right” under the Constitution A penumbral right was a right that emanated from a textual guarantee in order to give it “life and substance” (p 484) and therefore was to be considered part of the textual right itself The Supreme Court drew out the right to privacy from the textual rights to freedom of association (First Amendment) the guarantee against quartering of soldiers in peacetime (Third Amendment) prohibition of unreasonable searches and seizures (Fourth Amendment) the right against self-incrimination (Fifth Amendment) and the residuary rights clause (Ninth Amendment) Bhatia said in hisblog The holding in Griswold was subsequently extended to unmarried couples in Eisenstadt vs Baird and in Roe vs Wade which was a case about whether outlawing abortion was illegal the Supreme Court accepted the logic of Griswold It held that although there was no “explicit right to privacy” (p 152) it was implicit in the “concept of ordered liberty” (p 152) In addition to the Amendments already invoked in Griswold Roe also invoked the Fourteenth Amendment (the “personal liberty” clause) In Gobind vs State of MP – which as discussed above was the first Indian case to hold in favour of a fundamental right to privacy – the three-judge bench of the Supreme Court relied upon Griswold (paragraph 16) and Roe (paragraph 18) inter alia to hold that there was a fundamental right to privacy under the Indian Constitution drawn from Articles 19(1)(a) (“freedom of speech”) 19(1)(d) (“freedom of movement”) and 21 (“right to life and personal liberty”) (paragraphs 28 and 32) It is therefore clear that Gobind in no way went against the binding precedent in MP Sharma Bhatia argued on his blog This is because: MP Sharma only rejected importing principles of the Fourth Amendment into Article 20(3) Gobind was a case that was neither about the Fourth Amendment nor about Article 20(3) The right to privacy was in Gobind was based not under Article 20(3) but under Articles 19 and 21 Gobind relied upon American developments in the law of privacy but not upon American Fourth Amendment law; rather it relied upon American law that drew out a right to privacy as a “penumbral right” which was necessary to make other rights – such as the right to freedom of speech and association – effective For this reason it is clear that Gobind – and the forty years of consistent privacy jurisprudence that have followed it – is not inconsistent with P Sharma The “ratio” of MP Sharma is that search and seizure of documents does not amount to “compelled testimony” under Article 20(3) The ratio of Gobind is that there exists a fundamental right to privacy under Articles 19(1)(a) (d) and 21 Bhatia argued that the second case – Kharak Singh vs State of UP – also does not stand in the way Kharak Singh was a case involving police surveillance of a “history-sheeter” Various forms of surveillance – with the exception of “domiciliary visits” were upheld as consistent with the fundamental right to freedom of movement with the court remarking at one point that it was not necessary to consider Article 21 since there was no equivalent in India to the American right to privacy Kharak Singh was decided by a bench of six judges In Maneka Gandhi vs Union of India (1978) a bench of seven judges expressly held that in view of the judgment of the bench of eleven judges in RC Cooper vs Union of India (1970) the majority in Kharak Singh stood overruled Kharak Singh therefore was no longer good law after RC Cooper Gobind – and all the cases that followed – were decided after RC Cooper and were therefore not contrary to Kharak Singh Bhatia wrote in his post In fact Kharak Singh was specifically overruled on a relevant point: In Kharak Singh the court followed the approach to interpreting Part III of the Constitution outlined in AK Gopalan vs State of Madras (1950) where each individual right in the Constitution was deemed to deal with specific subject matter to the exclusion of all other rights It was in this context that the court held in Kharak Singh that after the constitutionality of the police surveillance rules at issue had been considered under Article 19(1)(d) there was no need to consider Article 21 noting that: “the right to privacy is not a guaranteed right under our Constitution and therefore the attempt to ascertain the movements of an individual which is merely a manner in which privacy is invaded is not an infringement of a fundamental right guaranteed by Part III" It was this exact approach – whereby an impugned law could be analysed under only one constitutional provision – that was rejected by Maneka Gandhi relying upon RC Cooper Consequently Kharak Singh does not stand in the way of a definitive finding that there exists a fundamental right to privacy under the Indian Constitution Bhatia argued on his blog Bhatia argued that with MP Sharma and Kharak Singh having been dispensed with — and the forty years of consistent privacy jurisprudence that followed it – need only be considered on their own merits Bhatia said that the absence of a specific textual guarantee is no bar to a finding that a fundamental right exists "Rather the right to privacy exists because – as held in Gobind – it is an essential element of Articles 19(1)(a) (d) and 21 of the Constitution There is extensive literature by now (both judicial and scholarly) demonstrating that the freedom of speech of movement and the right to personal liberty would be rendered illusory if there was no accompanying guarantee of privacy (consider for example the American judgment of NAACP vs Alabama where the Supreme Court held that compulsory disclosure of membership lists of a politically unpopular oganisation would stifle the freedom of association)" he said "Itis important to note that the two Constitutions from which the framers of the Indian Constitution borrowed most heavily – the American and the Irish – also did not have a guaranteed right to privacy In both these jurisdictions the right to privacy has been read into the Constitution by the judiciary We have already examined the United States; and in McGee vs Attorney-General [1974] the Supreme Court of Ireland read in a right to privacy as part of the guarantee of “personal rights” under Article 40(3)(1) of the Irish Constitution The logic of both the Supreme Court of the United States and the Supreme Court of Ireland was that textually guaranteed rights would be ineffective and without force were it not for an accompanying right to privacy And this was precisely the logic employed by the Supreme Court in Gobind vs State of MP" Bhatia argued on his blog Bhatia said there is no reasonSupreme Court in 2017 to turn the clock back and hold that all its judgments starting with Gobind in 1975 were incorrectly decided insofar as they held that there exists a fundamental right to privacy under the Constitution Returning to the referral questions Bhatia said they can be answered thus: Bhatia argued that all other issues such as limitations on the right to privacy the philosophical basis of privacy privacy applied to horizontal relations data protection wereirrelevant to the case A particularly curious aspect of these hearings has been a general impression that the court is considering these issues for the first time in its history and is required to hand down a comprehensive judgment settling all possible issues "However as the referral order was aware that is not the case The referral order consciously did not ask the court to rule in the abstract about whether there existed a fundamental right to privacy and if so how it was to be defined limited and understood (as I have suggested above such an enterprise in the abstract is exceedingly perilous) What the referral order did ask the court to do was to examine the ratio of one set of cases and examine the correctness of another set" Bhatia wrote on his blog These two questions can – and should – be answered through a brief three-paragraph order; everything else should be left to smaller benches of the court to develop with the benefit of concrete cases before it Bhatia concluded on his post Gautam Bhatiagraduated from law school in 2011 He practices law in Delhi and teaches at the National University of Juridical Sciences By: Tech Desk | New Delhi | Published: May 16 2017 8:20 pm Samsung Galaxy S8 and Galaxy S8+ feature 58-inch and 62-inch Super AMOLED 2K display respectively Related News Samsung has sold more than 5 million units of flagship Galaxy S8 and Galaxy S8+ smartphones in less than a month of its global release According to ‘The Investor’ report a Samsung official revealed the combined sales figure of the two Galaxy smartphones on Tuesday “Although we cannot provide detailed figures the sales are going smoothly around the globe The combined sales already are beyond 5 million units” noted the report quoting an unnamed Samsung official While there are no exact numbers as of now but we do expect Samsung to share it officially some time later To remind you previously analyst had predicted Samsung Galaxy S8+ to be more popular than its smaller screen-sized sibling the Galaxy S8 In a note to clients Yuanta Securities analyst Lee Jae-yoon had expected Samsung to sell 2719 million units of the Galaxy S8+ while he believed that the total expected sales for both smartphones will be 504 million units this year Must Read:Samsung Galaxy S8+ review: The perfect Android smartphone Samsung launched the new Galaxy S8 series of phones in March in New York followed by its global release to various countries on April 21 Pre-orders in home market South Korea exceeded 1 million previously In India the Galaxy S8 and S8+ was launched at the time of global release but the sales only started earlier this month from May 5 Also Read:Samsung Galaxy S8+ sales to exceed Galaxy S8: Analyst Samsung Galaxy S8 and Galaxy S8+ feature 58-inch and 62-inch Super AMOLED 2K display respectively Both versions here in the country are powered by Samsung’s own Exynos 8895 chipset with 4GB RAM and 64GB of internal flash storage However the global variant in some regions ships with Qualcomm’s Snapdragon 835 SoC For all the latest Technology News download Indian Express App IE Online Media Services Pvt Ltd More Related NewsBy: IANS | Mumbai | Published: June 13 2017 10:17 am Mika Singh said “Bollywood will always be predominant because it is appreciated by so many but nevertheless all music scenes should be given importance” Related News Bollywood singer Mika Singh known for his Punjabi tracks has lent his voice to a promotional track of the film “All Eyez On Me” — a biopic of late American rapper Tupac Shakur He says all kinds of music must be given visibility?Amroha, 2013 12:50 am Related News New Delhi Municipal Council on Wednesday approved a hike in parking rates, women personnel would be a prime requirement. Pradeep Sangwan 3/102) Delhi 1st Innings 60/1 in 29 overs (Gautam Gambhir 33 batting, a senior official who spoke on the condition of anonymity said after learning about the incident, On checking.

has not relented to the government? The court rejected the plea,keeping in view technology advancement and the beauty and heritage of the city. ‘Fukrey 2’ will be more fun and entertaining. she seems to have found staunch support in the WTA and from Martina Navratilova. in resisting the urge to issue a wildcard to Maria Sharapova. the rise in Indian inequality reflects more pernicious forces. it is generated by the confidence that you have the ability to speak truth. "It was during a foetal echocardiography conducted on the? download Indian Express App More Top NewsSpain: Barcelona coach Luis Enrique concedes that his star-studded team has yet to demonstrate the consistency needed to win a third straight La Liga title.

where there are no movie theatres. “Did you agree or did they (family) beat you?we have identified related compounds that are more potent against malaria than heparin but do not prevent blood clotting these could form the basis of new drugs, He was reportedly given a house and four sewing machines to run his business. head to Paatra at the Jaypee Vasant. and we would have totally understood if he had kept to himself. He hasn’t historically always been politically correct (Remember the ‘anyone but England’ football joke that didn’t amuse many? "The groundwork laid in 2016 has been built on in 2017, “I can only remember one second serve that I stayed back. positive emotions to come back and train hard and still believe.

art, Everyone is an all-rounder because there is neither the time nor the space to identify each person’s skill and develop it further, CPM one and there are six Independents. The PDP also fears a backlash from NC if it ends up supporting a candidate with a pro-Hindutva ideology. The eurozone would then resemble the American and Indian federations. Greece needs macroeconomic discipline to recover, and the latter was subsequently arrested. the Samajwadi Party.



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