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  • Soldiers Have Every Legal Right To Act In Self Defence

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Soldiers Have Every Legal Right To Act In Self Defence

Courtesy/By: SANJEEV SIROHI  |  10 Feb 2018     Views:1554

Let me begin at the very beginning by expressing my utmost and deepest sympathies with the families of those three young stone pelters – Suhail Lone, Javid Bhat and Rayees Ahmed in their 20s who were killed in firing by army soldiers in Shopian in South Kashmir. The families lives stands completely devastated and nothing can compensate for the invaluable loss that they have suffered with which they have to cope the rest of their lives. The families of those three young stone pelters must now come out of their grief slowly and make sure that they don’t spend their whole life just grieving which will just serve no purpose at all.

                                          It is an unpalatable truth that these three young stone pelters are themselves responsible for inviting death for themselves. Why did they along with around 300 people attack a military convoy comprising people-and-goods carriers of Indian Army which was passing through the village of Ganowpora village in Shopian? Why these Kashmiri youths keep attacking army vehicles and soldiers? Why don’t they understand that soldiers too have weapons with which they too can retaliate which can have most dangerous consequences as we saw here?   

                                         Why without any provocation from soldiers do Kashmiri youths start attacking them with stones, sticks and other weapons? Why is restraint by soldiers taken as weakness by these Kashmiri youths? Why are those leaders who provoke such youths to indulge in stone pelting not taken in custody and why are they not prosecuted promptly?       

                                             Why are cases immediately withdrawn against these youths who indulge in stone pelting? Are they not being encouraged to time and again indulge in stone pelting? Who is responsible for this? None other than the state government as also the Centre with whose support the Jammu and Kashmir state government is running so freely here!

                                               Why did the Chief Minister permit FIR to be registered against Major Aditya and those soldiers who only acted in self defence? Why is it ignored that Major Aditya was not even present there at the scene of attack and was very far away as reported in news channels? Why is it expected that Kashmiri youths will attack soldiers with weapons and stones and the soldiers will just not retaliate fearing that some stone pelters may be killed?

                                          Do soldiers not have the right to private self defence? Do soldiers only have the obligation of keep facing stones and other weapons mercilessly and yet not retaliate in any manner? Do soldiers not enjoy the protection under Armed Forces Special Power Act (AFSPA)?

                                    Why is it ignored that these soldiers who were attacked by stone pelters were not firing at some innocent people mercilessly which certainly would have been an offence but were just transferring an Army unit’s luggage and skeletal staff from Point A to Point B when a couple of the vehicles got separated from the main body of the convoy? Why is it ignored that Kashmiri civilians have no right to even attack leave alone kill our brave soldiers who fearlessly discharge their duty? Why no FIR against them lodged by police who attacked the soldiers without any valid reason whatsoever who only  resorted to lodging FIR against Army soldiers? Is this fair?

                                                How can it be ignored that Army was compelled to lodge counter FIR when police failed to do this? How can it be ignored that a Junior Commissioned Officer who tried to reason with the 300 strong mob was himself attacked and hit by projectile and collapsed and the mob wanted to straightaway murder him and the soldiers had to fire to save his life? How can it be ignored that the Standard Operating Procedures were adhered to in this case as has been testified by none other than  the Northern Army Commander – Lt Gen D Anbu?   

                                               How can it be ignored that none other than Lt Gen D Anbu has himself told news agency ANI that the army had conducted its own probe into the conclusion that the soldiers had to resort to firing after they were “provoked to the ultimate”? How can what such a senior Army officer is saying be ignored so easily? How can  it be ignored that the JCO was attacked very brutally and the mob wanted to virtually kill him which necessitated the firing by the soldiers?

                                               Why has State Government allowed police to lodge an FIR against Army soldiers who were just doing their duty and were attacked without any reason whatsoever? Why Centre did not stop State Government from doing so? Why Centre is not acting even after a national outrage has broken out over the lodging of FIR against those soldiers who in order to  save the life of the JCO and their own lives had no option but to fire?

                                                Why is it ignored that Major Aditya who was leading the convoy was at least 200 metres ahead and was not present at the incident spot? Why still the name of Major Aditya was lodged in the FIR against the Army? Why is it ignored that seven Army men were injured and extensive damage was caused to 11 vehicles?

                              Why the Defence Minister Nirmala Sitharaman is not speaking out in defence of Army? Why did she not strongly object to lodging of FIR against soldiers who were just acting in self-defence which cannot be a crime under any law? Why even the PM Narendra Modi is silent on this?

                                               It is not Sanjeev Sirohi alone or Sageer Khan alone or Amit Sharma alone or a group of lawyers in Meerut alone who are angry at what has happened with the soldiers in Kashmir! The whole nation is enraged with the gross injustice that is being meted out to these brave soldiers who were attacked themselves! It is because of these brave soldiers that India stands united as one nation and it is they who go all out to help Kashmiris stranded in floods without any grudge whatsoever! But see what they get in return!

                                          Not surprising that many lawyers in different parts of India as we see in Meerut have also lodged their strongest protest which they have pointed out also in the memorandum that they have submitted to the DM of Meerut – Anil Dhingra stating that if the Centre does not withdraw the FIR lodged against Maj Aditya or against the soldiers who are all victims and not perpetrators of any crime then they will be compelled to go on hunger strike! Centre must wake up now and do the requisite damage control exercise by promptly getting the FIR withdrawn against Maj Aditya and those soldiers who were themselves attacked! They were not the attackers rather they bore the brunt of attack of more than 300 mob and yet retaliated with the minimum force under very compelling conditions!

                                         How can all this be ignored? If Centre does not act in time the protest against it can like in the case of the film Padmaavat become nation wide and this time the representation will be from all sections and all religions and all castes of our society who think nationally and love their brave soldiers more than anything else! Can Centre again do the huge folly of ignoring all this?

                                     It is for Centre now to decide what course of action it wants to take – appease its coalition partner PDP or keeping in view the national interests and the provocating circumstances under which the soldiers were compelled to open fire order immediate withdrawal of FIR! If soldiers had indulged in unprovoked firing and killed about 100 or 200 or even if three or two or one, I would have been the first to demand the strongest possible action against them! But that is not the case! So I stand with these soldiers and with Maj Aditya in all possible respects and so do most of our countrymen which is quite perceptible and naturally so as they were compelled to fire to save the life of the badly injured JCO and also of their own!

                                              How can this be deemed to be a crime? Under no circumstances can such acts be deemed to be a crime! It is most shameful and disgraceful that these Kashmiri leaders never blame the stone pelters who in most cases are provoked by pro-Pakistani lobby and paid also and never do anything to bring them in the national mainstream!  

                                            All said and done, if Indian soldiers don’t restraint themselves even in such provocating circumstances there can be blood all over Kashmir! Is this is what Kashmiri and separatists leaders want? It is for them to decide what is best for Kashmiris!

                                  Why the leaders of political parties or of separatists or their sons and daughters never indulge in stone pelting? Why only youth of middle class families indulge in it? Why the children of Syed Salaluddin and other terror leaders and separatist leaders becoming doctors, engineers and government servants and not stone pelters like other ordinary Kashmiris?

                                             Such terror leaders, separatists and politicians have made stone pelting and anti-India activity a big business industry getting money secretly from Paskistan and undoubtedly are the biggest enemies of Kashmiris and not the soldiers of India who are there to always protect them and always stand by them as they do when some flood comes or any other calamity comes like earthquake etc! Who can deny this? This is what Kashmiri youths must realize and save themselves from being used as a mere pawn in the hands of pro-Pakistani lobby! Centre must act now and withdraw FIR against Major Aditya and those soldiers who have been named in the FIR because what they have done is not a crime from any angle! Can any jurist question this? Every soldier of Indian Army has every right to act in self defence and fire whenever they find that it is absolutely necessary to save the invaluable lives of their fellow soldiers or their own lives!


Courtesy/By: SANJEEV SIROHI  |  10 Feb 2018     Views:1554

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Triple Talaq legislation is challenged in the Delh...
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Special Olympics International Football Championsh...
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Concession to be given to disabled persons appeari...
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03 Aug 2019     Views:1791
Karnataka High Court on the condition of Roads...
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02 Aug 2019     Views:1585
RBI Changes Features Of New Currency Notes. Bombay...
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Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1469
Abolition of Colonial Decorum in Courts...
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Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2281
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1494
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1534
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1728
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1451
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
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Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1401
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1764
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1927
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1428
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:1522
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1301
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1996
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:1368
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How To Record The Evidence Of Deaf And Dumb Rape V...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2702
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1337
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1650
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4850
SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1859
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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Successive Bail Applications Should Be Placed Befo...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
20 May 2019     Views:1718
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Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:1519
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:1370
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3499
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:3081
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2829
Punjab & Haryana HC Issues Slew Of Directions To C...
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Court Has to Confine Itself To The Four Corners Of...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1626
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3178
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2487
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3188
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2428
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2668
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2753
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2028
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2154
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
23 Jan 2019     Views:2193
Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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Suspicion, Howsoever Grave, Can’t Substitute Pro...
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26 Nov 2018     Views:2395
SLP Against Death Sentence Shall Not Be Dismissed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:1551
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SC Issues Directions On Examination Of Witnesses I...
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26 Nov 2018     Views:1922
Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3797
There Cannot Be Any Mechanical Denial Of Appointme...
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23 Oct 2018     Views:1721
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23 Oct 2018     Views:2757
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1959
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23 Oct 2018     Views:2235
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Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:2420
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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03 Sep 2018     Views:2231
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3085
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1840
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28 Aug 2018     Views:2325
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MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1783
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1929
Victims Of Crime Can Seek Cancellation Of Bail: MP...
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2138
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2091
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2410
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2368
Courts Must See That The Public Doesn’t Lose Con...
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UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1971
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1839
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3209
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3208
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3048
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2324
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1661
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1617
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2156
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2119
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23 Jul 2018     Views:1904
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:2674
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:2078
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3105
Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1813
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1560
Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1631
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1758
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1548
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1627
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2097
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1663
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1577
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:2959
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1551
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:1815
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1554
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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2G Scam : The 2G Scam and much more...
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