Foreign companies affected by 2G verdict can invoke investment treaties The cancellation of the Unified Access Service Licence with 2G spectrum to telecom companies by the Supreme Court is celebrated as a triumph of the rule of law over jobbery and nepotism. Amidst this celebration, it is pertinent to understand the ramifications of the ruling. Since it affects foreign companies like Telenor of Norway, Sistema of Russia, and Etisalat of the...

The Comptroller and Auditor General’s Report on the 2G Spectrum has created a great deal of controversy and his role is being questioned. The Public Accounts Committee could not finalise its report due to the splitting on the issue on party lines. The JPC currently examining the matter has taken an unprecedented step of taking evidence of a junior officer of the CAG’s set up, since retired, and quizzed the...

Bench says it runs counter to constitutional law and ultra vires Constitution The Supreme Court on Wednesday declared unconstitutional Section 27 (3) of the Arms Act, which provides for mandatory death sentence to an accused charged with an offence under this provision. Section 27(3) says: “Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of Section 7 and such use or act results in the death of...

The government’s recent actions in notifying the Intermediary Guidelines for the internet with minimal public debate have resulted in the creation of a legal system that raises as many problems as it solves. The regulations as presently notified are arguably unconstitutional, arbitrary and vague and could pose a serious problem to the business of various intermediaries in the country (not to mention hampering internet penetration in the country) and also...

-IANS   Custodial killings, police abuse including torture, and failure to implement policies aimed at protecting vulnerable communities marred India's record in 2011, according to the Human Rights Watch World Report. The global report released on Monday pointed out that immunity for abuses committed by security forces also continued, particularly in Jammu and Kashmir, the northeast, and areas facing Maoist insurgency. However, the report found that killings by the Border Security Force (BSF)...