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LAW ANIMATED WORLD 30 SEPTEMEBER 2007 ISSU

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LAW ANIMATED WORLD 15 OCTOBER 2007 ISSUE

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LAW ANIMATED WORLD 15 OCTOBER 2007 EDITORIAL

RILKE POEMS

FOR DEMOCRACY IN BURMA

A world law fortnightly published from Hyderabad, India. Editor: I. Mallikarjuna Sharma ADVISORY BOARD: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL), Ms. Chandan Ramamurthi (Advocate, Delhi). Volume 3: Part 2 15 October 2007 No. 19 C O N T E N T S 1. For Democracy in Burma 1 2. LAW NEWS: Nobel Peace Prize 07 2 3. Crisis in Burma and theRole of Lawyers 3-4 4. Remembering Bhagat Singh: A Pakistani Tribute 5-6 5. 123 Agreement and OurConstitution, KG Kannabiran 7-10 6. None dare call it treason 11-14, by Vincent Bulgiosi 47-50 7. Roads and Traffic Authorityof NSW v Dederer [AUS-HC] 15-46 8. Overcoat by Gogol 51-58 9. The Lord’s Dilemma 59 10. Poems, Rainer Maria Rilke 60 Pictures: Aung San Suu Kyi in detention, Buddhist monks rally for freedom. Editorial Office: 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, Hyderabad - 500 082 (Ph: 23300284)E-mail: malliksharma@yahoo.com ; Film making: VSS Laser Graphics, Hyderabad - 500004 {Ph: 55365979}; Printed at Pragati Offset Pvt. Ltd., Red Hills, Hyderabad-4. (Ph: 23304835) Annual Subscription: Rs. 700/- Abroad: $ 120 (postage extra) Life Subscription: Rs. 8000/- Payments to be sent by Cheque/DD/ MO in favour of LAW ANIMATED WORLD at 6-3-1243/156, M.S. Makta, Opp. Raj Bhavan, Hyderabad-500082. [Please add Rs. 50/- for outstation cheques]

FOR DEMOCRACY IN BURMA

the entire international community needs to vigorously agitate. It is a shame on the conscience of world humanity that intrepid human rights activist and Nobel Peace Laureate Aung San Suu Kyi is languishing in detention since long years and millions of peaceloving innocent people are being trampled under military boots in this small neighbour of ours, which after all was a part of [British] India till 1937. It is heartening to note that eminent British lawyers have recently protested vigorously demanding restoration of democracy in Burma. The United Nations also tried to intervene by sending its special emissary Gambari but it seems his efforts to bring the military junta to peace talks have come to a naught. As long as major nations do not intervene actively – at least not support the junta with monetary and military aid as China does – it is doubtful whether the dark night enveloping the Burmese people will end soon. International sanctions againt the regime there must be and the Security Council should intervene even to the extent of threatening or initiating military action against the military rulers who are cruelly repressing even the generally respected, peaceloving Buddhist monks. More important, civil rights activists all over the world should agitate and mobilize people to pressurize China, the mainstay of the junta, to forthwith stop all aid to the regime and bring it to the negotiating table for restoration of democracy. Our Indian government also needs to be goaded to become proactive. We must even threaten Boycott of the 2008 Beijing Olympics, making it the main plank of the pro-democracy agitation in the coming months. We urge and expect our lawyers also raise their concerted voice against the dictatorship in Burma and demand the immediate release of the beacon of Burmese liberty §§§

Brochure LAW ANIMATED WORLD

LAW ANIMATED WORLD

A world law fortnightly published from Hyderabad, India.
Owner, Printer and Publisher: I. BalamaniEditor: I. Mallikarjuna Sharma
ADVISORY BOARD: Dr. Lakshmi Sahgal (INA Colonel), V.R. Krishna Iyer (Former Judge, SC), B.P. Jeevan Reddy (Former Judge, SC), P.A. Choudary (Former Judge, APHC), Surendra Mohan (Ex-MP), Prof. R.V.R. Chandrasekhara Rao (Politics), Umesh Chandra (Senior Advocate, Lucknow), Colin Gonsalves (Senior Advocate, Delhi), K. Subba Rao (Senior Advocate, Bangalore), K.G. Kannabiran (Senior Advocate & National President, PUCL) & Ms. Chandan Ramamurthi (Advocate, Delhi).

This is a journal meant to inform the public about the necessary details regarding important developments of law all over the world thus contributing in general to the cause of human progress and welfare. We are all members of one great human species and it is the grand noble ideal always projected in our country since very ancient times to view the entire world as one family - vasudhaiva kutumbakam. This law fortnightly has been formally started in March 2005 but prior to that for one year it appeared in almost regular fortnightly bulletins. We are committed to the ideals and causes of progress, democracy, liberty, equality, fraternity and human welfare in consonance with environmental improvement and universal harmony. Politically we are dedicated to and so would like to project the virtues of scientific socialism but at the same time we refrain from being closed-minded and try to be in the know of and also report about the various other streams of thought and analysis abounding all over the world. As the title of this journal indicates we largely confine its scope to law-reporting with, of course, occasional and necessary incursions into the fields of economics, sociology, history, politics and culture. This is no ordinary law reporter but a unique journal of its type in our country. We will be making, as and when necessary, some ‘ruthless criticism of all existing conditions’ in the columns of this paper in addition to reporting valuable judgments and decisions by various international and foreign courts and forums including, of course and occasionally, our own courts. The goal of scientific socialism we will never forget but it will be enriched and modified as needed by considerations of liberty, democracy and humanity. Hope the readers would understand and appreciate our ideals and intentions and wholeheartedly encourage and assist us in our endeavours.
We are grateful to the many friends and well-wishers who have so far extended their moral and monetary support. But there is great need to rapidly increase the circulation of the journal and also augment its lean coffers. We request and hope that many more friends and well-wishers would come to our aid and appeal to one and all to publicize this journal, enroll more subscribers, enlist liberal donors and also try securing some advertisements at least.
The annual subscription for this law fortnightly is fixed at Rs. 700/- (Rupees Seven hundred only) (Abroad: $ 120) for the year 2007.* Life subscription is fixed at Rs. 8000/- (Eight thousand only) Advertisement tariffs:- Inner cover page: Rs. 5000/-; Full page: Rs. 4000/-; Half page: Rs. 2000/-. Subscriptions/Donations/Advertisement charges may be sent by Cheque/DD/MO in favour of: LAW ANIMATED WORLD to I. Balamani, 6-3-1243/156, M.S. Makta, Opposite Raj Bhavan, HYDERABAD-500082{Ph: 040-23300284; E-mail: malliksharma@yahoo.com} – Rs. 50/- to be added towards bank charges for outstation cheques.


[I. MALLIKARJUNA SHARMA], Editor [I. BALAMANI], Publisher
* Subscriptions whenever paid will count from January to December of the year (back-numbers of that year will be supplied to the subscribers). For bona fide students and research scholars a concession of Rs. 100/- on annual subscription will be given.

FOR THE FALLEN: Poem by Laurence Binyon in last cover page LAW 30-09-07

FOR THE FALLEN

With proud thanksgiving, a mother for her children,
England mourns for her dead across the sea.
Flesh of her flesh they were, spirit of spirit,
Fallen in the cause of the free.

Solemn the drums thrill: Death august and royal
Sings sorrow up into immortal spheres.
There is music in the midst of desolation
And a glory that shines upon our tears.

They went with songs to the battle, they were young,
Straight of limb, true of eye, steady and aglow.
They were staunch to the end against odds uncounted,
They fell with their faces to the foe.

They shall grow not old, as we that are left grow old;
Age shall not weary them, nor the years condemn.
At the going down of the sun and in the morning
WE WILL REMEMBER THEM.

They mingle not with laughing comrades again;
They sit no more at familiar tables of home;
They have no lot in our labour of the day-time;
They sleep beyond England's foam.

But where our desires are and our hopes profound,
Felt as a well-spring that is hidden from sight,
To the innermost heart of their own land they are known
As the stars are known to the Night;

As the stars that shall be bright when we are dust,
Moving in marches upon the heavenly plain,
As the stars that are starry in the time of our darkness,
To the end, to the end, they remain.
[Robert Laurence Binyon (1869-1943), famous English poet, dramatist and art scholar;
born in Lancaster to a clergyman; penned the above ‘one of the most moving tributes
to the war dead’ on the Pentire Cliffs in Cornwall in September 1914; known as Ode of Remembrance it is invariably recited at all Remembrance Day ceremonies in Britain and elsewhere to this day; although too old to enlist, he went to the Western Front as a medical orderly in the Red Cross and the poem - The Healers, bears that stamp.]

THE HEALERS
In a vision of the night I saw them,
In the battles of the night.
'Mid the roar and the reeling shadows of blood
They were moving like light,
Light of the reason, guarded Tense within the will,
As a lantern under a tossing of boughs Burns steady and still.
With scrutiny calm, and with fingers Patient as swift
They bind up the hurts and the pain-writhen Bodies uplift,
Untired and defenceless; around them With shrieks in its breath
Bursts stark from the terrible horizon Impersonal death;
But they take not their courage from anger That blinds the hot being;
hey take not their pity from weakness; Tender, yet seeing;
Feeling, yet nerved to the uttermost; Keen, like steel;
Yet the wounds of the mind they are stricken with, Who shall heal?
They endure to have eyes of the watcher In hell, and not swerve
For an hour from the faith that they follow, The light that they serve.
Man true to man, to his kindness That overflows all,
To his spirit erect in the thunder When all his forts fall, —
This light, in the tiger-mad welter,
They serve and they save.
What song shall be worthy to sing of them —
Braver than the brave?
* * * * *

EditLaw30-09-07: We certainly remember them!

WE CERTAINLY REMEMBER THEM!







We Indians are used to celebrate more the birth anniversaries of our gods and saints, heroes and heroines than death anniversaries. That is because we don’t like to think that they are really dead and gone or even that they have aged. In the poet’s immortal words, “They shall grow not old, as we that are left grow old.” There are certain exceptions like the martyrdom day of Bhagat Singh and his comrades (23 March) which is celebrated with more zeal and dedication. But as of now we remember him on the occasion of his birth centenary (28 September). He and his comrades, in and through their deaths, lived and still live along in the hearts of countless millions of our country. Durga Devi, more popular as Durga Bhabhi, was of the same age and spirits as Bhagat Singh and was lucky to have martyr Bhagawati Charan Vohra as her husband who encouraged her in every way to aid and act in the revolutionary movement to overthrow the imperialist rule. As ‘chums’ she and Bhagat used to celebrate their birthday in common and she rendered utmost service by safely escorting him, amidst grave dangers, from Lahore to Calcutta. She also sheltered him in Delhi before he presented himself to be caught at the Central Legislative Assembly after throwing bombs “to make the deaf hear.” Later she lost her husband in their efforts to rescue Bhagat Singh and his comrades, but bore with fortitude that bereavement. Thereafter till her natural death on 15 October 1999 at Ghaziabad, she strove actively to achieve the ideals of her husband and Bhagat Singh and was ceaselessly engaged in activities for socialism and public education. On this their ‘common birth centenary’ we pay our glowing tributes to both these ever-green icons as also to their friends-philosophers-and-guides – Bhagwati Charan, Azad, et al with firm resolve never to forget their ideals and aspirations §§§

FOR THE FALLEN: last cover page LAW 30-09-2007

FOR THE FALLEN
With proud thanksgiving, a mother for her children,England mourns for her dead across the sea.Flesh of her flesh they were, spirit of spirit,Fallen in the cause of the free.
Solemn the drums thrill: Death august and royalSings sorrow up into immortal spheres.There is music in the midst of desolationAnd a glory that shines upon our tears.
They went with songs to the battle, they were young,Straight of limb, true of eye, steady and aglow.They were staunch to the end against odds uncounted,They fell with their faces to the foe.
They shall grow not old, as we that are left grow old;Age shall not weary them, nor the years condemn.At the going down of the sun and in the morningWE WILL REMEMBER THEM.
They mingle not with laughing comrades again;They sit no more at familiar tables of home;They have no lot in our labour of the day-time;They sleep beyond England's foam.
But where our desires are and our hopes profound,Felt as a well-spring that is hidden from sight,To the innermost heart of their own land they are knownAs the stars are known to the Night;
As the stars that shall be bright when we are dust,Moving in marches upon the heavenly plain,As the stars that are starry in the time of our darkness,To the end, to the end, they remain.
[Robert Laurence Binyon (1869-1943), famous English poet, dramatist and art scholar; born in Lancaster to a clergyman; penned the above ‘one of the most moving tributes to the war dead’ on the Pentire Cliffs in Cornwall in September 1914; known as Ode of Remembrance it is invariably recited at all Remembrance Day ceremonies in Britain and elsewhere to this day; although too old to enlist, he went to the Western Front as a medical orderly in the Red Cross and the poem - The Healers, bears that stamp.]





THE HEALERS
In a vision of the night I saw them, In the battles of the night. 'Mid the roar and the reeling shadows of blood They were moving like light,
Light of the reason, guarded Tense within the will, As a lantern under a tossing of boughs Burns steady and still.
With scrutiny calm, and with fingers Patient as swift They bind up the hurts and the pain-writhen Bodies uplift,
Untired and defenceless; around them With shrieks in its breath Bursts stark from the terrible horizon Impersonal death;
But they take not their courage from anger That blinds the hot being; They take not their pity from weakness; Tender, yet seeing;
Feeling, yet nerved to the uttermost; Keen, like steel; Yet the wounds of the mind they are stricken with, Who shall heal?
They endure to have eyes of the watcher In hell, and not swerve For an hour from the faith that they follow, The light that they serve.
Man true to man, to his kindness That overflows all, To his spirit erect in the thunder When all his forts fall, —
This light, in the tiger-mad welter, They serve and they save. What song shall be worthy to sing of them —Braver than the brave?
* * * * *

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