SAHASRANAMAN

    DOG - THE WAY TO TRUTH The dog is considered an animal that has got inspiring tendency to find the truth. It is a threat to law evaders. Trained dogs are used to investigate The dog is described as amicus curiae in the criminal investigation process. The tendency of the dog to smell and locate the culprit is being used for the time immemorial. Though there are several electronic types of equipment, dogs are still used to find out explosives because they are found to be dependable.  In Kerala, State dogs are trained to sniff and find out the illicit import of spirits through check posts. In Michigan dog is used to detect and sniff out offenders who discharge sewers illegally into drains. After the Mahabharatha war, the Pandavas decided to reach heaven alive. They handed over the Kingdom to Abhimanyu' s son and started climbing. A dog accompanied them on the way. It is said, that Draupadi, Sahadev, Nakul, Arjun and Bheem collapsed on the hike and died one by one. Onl...

  JUDGES SHALL NOT WITHDRAW FROM JUDGING Article by Justice V R Krishna Iyer           No one shall be a judge without taking an oath of office, that oath is the noblest, the highest, the Everest of values and the robed brethren shall always abide by the promise so undertaken.  The greatest of the robe lies in the fact that he will do his duty without affection or illwill, influence or pressure.  This is the independence, impartiality and autonomy of the judicial authority. But there are certain circumstances he was permitted to avoid cases wherein a member of his family, a close relation or a friend is concerned . In such cases he need not state his reasons for avoiding. A Judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and to objection his hearing and deciding the matter is raised. In all other cases he must state the reasons for avoiding the ca...

 Coastal Regulation Zone laws why it failed in Kerala sahasram@gmail.com  Short History of the CRZ The Government of India has issued the so-called “Coastal Regulation Zone (CRZ) Notification, 1991” for the purpose of protecting the coastal ecology. Water bodies affected by tidal waters are to be marked as CRZ. Every State has to identify such areas and classify it as CRZ-I, II or III and prepare a Coastal Zone Management Plan (CZMP). It is at that time MC. Mehta approached the Hon’ble Supreme Court which issued directions to prepare the CZMP. An interim order was issued on 12-12-1994 halting all constructions upto 500 meters from the High Tide Line. This was slightly modified on 09-03-1995  permitting constructions as per the Notification. Finally when the case was disposed for directing the coastal states to finalise the CZMP and get it approved from the MOEF.  Coastal Zone Management  Plan Preparation Hon’ble Justice Kudip Singh of the Supreme Court was very ...

  Explaining law through Indian expressions –Krishna Iyer style P.B.SAHASRANAMAN sahasram@gmail.com      Understanding law is a difficult job. Most of the pre-independence legislations used illustrations to explain the law Likewise, Justice V R Krishna Iyer also uses unique expressions to explain the legal principle in his unmatched style. No Passport Officer shall be mini-Ceaser nor Minister incarnates Ceaser in a system where the rule of law reigns Supreme . [1] The Bench consisting of seven judges contains a separate judgment by Justice V R Krishna Iye who was explaining the law.   Art.21 is that liberty of locomotion into alien territory cannot be unjustly forbidden by the Establishment and passport legislation must take processual provisions which accord with fair norms, free from extraneous pressure and, by and large complying with natural justice. The difference between suspension plus report and recommendatory report is little more than b...

  Hurried preparation of Coastal Zone Management Plan lead to improper implementation of CRZ notification  Adv. Sahasramanam.P.B                                           Enactment of law and tolerating infringement is equivalent to not enacting the law, that is what the Supreme Court observed [1] when they directed the Coastal States to prepare the coastal zone management plans identifying and classifying the Coastal Regulation Zones. The process is still going on! It was In 1996 States like Kerala were forced to draft the plans because of contempt proceedings initiated for not preparing the Plan. The State found a shortcut method for identification. Sitting at Trivandrum a line has been drawn fixing the salinity level without conducting any test for determination. The classification has been done easily by making use of Panchayat and Municipal...

  Height based distance rule for coastal area protection – An alternative to CRZ Adv. Sahasranaman   The main difficulty in the implementation of the so-called “Coastal Regulation Zone” restrictions is the classification of coastal areas and the different types of restrictions. The people are not able to understand the classification of their areas which differs from state to state. There are no proper definitions for many of the terms used in it including the word “construction”. The criteria for classification also changed from 1991 to 2019 and still, we are preparing new maps still identifying the CRZ areas. One cannot expect the people to obey a law that they cannot understand. If the restriction is based on the height of construction it will solve the issue to a large extent. For example, if the building is 10 meters toll, then it has to leave 10 meters from the water-body boundary. So the taller the building the distance is. That will help the poor to put up smal...

  WHY MARADU CONSTRUCTIONS ILLEGAL AND DLF CONSTRUCTIONS REGULARISED BY PAYMENT OF FINE –CRZ LAW EXPLAINED   Adv. P.B.SAHASRANAMAN   Is there any arbitrariness in the judgments of Supreme Court regularising the constructions of DLF [1] and ordering the demolition of the buildings at Maradu [2] on the violation of the Coastal Regulation Zone notification? That is the question mainly posed by many. Why the constructions made in Maradu Municipality were directed to be demolished when the constructions made by DLF at Cochin Corporation were regularised on payment of one crore as a pollution fine? These are some of the questions raised by many on the interpretation of CRZ law. Undoubtedly the construction of DLF and apartment buildings at Maradu are in CRZ areas.  But when the constructions are made in Maradu it was a grama Panchayat and not Municipality. Whereas the constructions were made by DLF  on the banks of Chillavannur lake which lies in the Coch...

  The Law of Environmental clearance -Yesterday, Today And Tomorrow   Adv P.B.SAHASRANAMAN Environment Impact Assessment (EIA) is an early warning system. Before the commencement of a development activity an assessment of the adverse effect of the project on the environment. Till 1994, the EIA in India was purely an administrative decision. It was in 1994 that the first notification for EIA was mandated for Environmental Clearance (EC) for huge projects scheduled for it. The said notification was replaced in 2006 [1] prescribing certain procedures in the process for EIA. This notification was amended several times based on various directions from the Courts. Supreme Court in 2012 [2] in public interest issued a general direction on mining making it applicable to all minor mineral quarries which have less than five hectares. The ambiguity in the classification of the “Building and Construction project” and “ township and area development project” has been pointed out by...