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?
* * * * *

FREE BURMA!

DON'T DESTROY THE ECO-HERITAGE!

EDITORIAL 15 SEPTEMBER 2007 LAW ANIMATED WORLD

Don’t destroy the eco-heritage!







It may be called Rama Setu or Adam’s Bridge; people may really believe Lord Ram and his monkey army built it or that Adam passed over it to meditate on the Adam’s peak. Or may be as Karunanidhi lambasts it is just a piece of fiction from a myth that allegorically reflected the conflict between the Aryans and the Dravidians and Rama himself is but an imaginary character. But the point here is all experts agree that it is a chain of limestone shoals and coral reefs. All admit that it took several thousands of years for such a formation to emerge and it actually might have bridged the mainland with Sri Lanka a few thousands of years ago. The shallow waters now might have later engulfed this geological formation. And in the not-too-remote Tsunami disaster that devastated Nagapattinam and many other places in South India this natural barrier had effectively protected the southern shores of Kerala from its ravages. Moreover the Sri Lankan Government seems to be dead set against the destruction of this natural barrier through dredging. In such circumstances we also feel and opine it would not be wise or proper for the Government of India to go whole hog with the Setusamudram Project in the name of cutting down shipping expenses in future. Critics also see and decry American and multinational machinations in pushing forward this immensely costly project destroying our natural heritage. It is heartening to note that our Supreme Court has intervened by staying all dredging operations in connection with the project pending disposal of some cases before it. Hope the people in a non-communal and eco-protective manner exert the needed pressure on both the Central and Tamil Nadu Governments to desist from such destruction and explore alternative eco-friendly options for the Setusamudram Project ¨¨¨

DON'T DESTROY THE ECO-HERITAGE!

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 September 2007 No. 17
C O N T E N T S
1. Don’t destroy the eco-heritage! 1
2. Law News: Global Fishing Crisis 2
3. Human Rights violations by USA 3-6
4. Rowlatt Report 7-8, 57-58
5. CRC Report 9-10, 55-56
6. DPP v. T O'Regan [IRE-SC] 11-26
7. DPP v. Willoughby [IRE-CCA] 27-41
8. DPP v. Cronin [IRE-SC] 42-54
9. To Build a Fire, Jack London 59-61
10. Oh, Public! Anton Chekov 62-63
11. Poems by Pash 64
Pictures: Rama Setu or Adam’s Bridge, by courtesy of Google Images, NASA and Manitham, respectively.
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]
Don’t destroy the eco-heritage!








It may be called Rama Setu or Adam’s Bridge; people may really believe Lord Ram and his monkey army built it or that Adam passed over it to meditate on the Adam’s peak. Or may be as Karunanidhi lambasts it is just a piece of fiction from a myth that allegorically reflected the conflict between the Aryans and the Dravidians and Rama himself is but an imaginary character. But the point here is all experts agree that it is a chain of limestone shoals and coral reefs. All admit that it took several thousands of years for such a formation to emerge and it actually might have bridged the mainland with Sri Lanka a few thousands of years ago. The shallow waters now might have later engulfed this geological formation. And in the not-too-remote Tsunami disaster that devastated Nagapattinam and many other places in South India this natural barrier had effectively protected the southern shores of Kerala from its ravages. Moreover the Sri Lankan Government seems to be dead set against the destruction of this natural barrier through dredging. In such circumstances we also feel and opine it would not be wise or proper for the Government of India to go whole hog with the Setusamudram Project in the name of cutting down shipping expenses in future. Critics also see and decry American and multinational machinations in pushing forward this immensely costly project destroying our natural heritage. It is heartening to note that our Supreme Court has intervened by staying all dredging operations in connection with the project pending disposal of some cases before it. Hope the people in a non-communal and eco-protective manner exert the needed pressure on both the Central and Tamil Nadu Governments to desist from such destruction and explore alternative eco-friendly options for the Setusamudram Project ¨¨¨

DOUSE THE NUCLEAR FIRE!

EDITORIAL 31 AUGUST 2007 LAW

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 31 August 2007 No. 16
C O N T E N T S
1. Douse the Nuclear Fire! 1
2. Bhagat Singh Birth Centenary 2, 59
3. Section 123 of AEA, 1954 3-7
4. Non-Proliferation Treaty 8-11
5. Operation Paget Inquiry Report (on Diana Death) 11-14, 51-52
6. Rowlatt Report 15-16, 45-46
7. CRC Report 17-18, 43-44
8. Constitutional Complaint by Ms. K … [GER-FCC] 19-42
9. Human Rights violations by US 47-50
10. To Build a Fire, Jack London 53-58
11. Poems by Robert Burns 60
Pictures: 1. 14 kiloton nuclear explosion, US (1951); 2. The Nagasaki Nuke (1945); 3. Chinese H-Bomb test; 4. Our ‘Smiling Buddha’ crater (Pokharan, 1974).
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]
DOUSE THE NUCLEAR FIRE!



3



1 2 4
In the bustle and din surrounding the 123 Agreement by Bush and Man, many in India seem to have forgotten the Hiroshima Day (August 6) and the pledge of all peace lovers in the world to actively work against nuclear weaponization and for complete disarmament. One ought to remember that “the first and only nuclear weapons used in war destroyed two cities killing more than 2,00,000 people by the end of 1945. The radiation … continues to cause cancers, mutations, and birth defects [to this day].” Also that “over the six decades of the nuclear age, every site worldwide, involved in the mining, milling, production and fabrication of uranium, for either weapons or ‘peaceful’ energy, has left a lethal legacy of radioactive waste, illness, and damage to our genetic heritage. Indigenous and colonized people have borne a disproportionate share of the suffering …. Plutonium, created by burning uranium fuel …, stays radioactive for more than 250,000 years and we still haven't figured out how to safely contain it. So-called ‘depleted’ uranium metal, a by-product …, has been manufactured into armaments used by the U.S. …, spreading illness and death through toxic and radioactive contamination.” We strongly condemn the contentions of merchants of nuclear death who are very active these days crying hoarse about the ‘clean, cheap and green’ nuclear energy even after the 3-mile-island and Chernobyl disasters. Though not a single nuclear reactor has been installed in US since 1979, they are unabashedly offering 6-8 nuclear reactors to India and eventually our ‘smiling Buddha’ would only leave behind a ‘wailing Indica’. All friends of humanity – no matter whether right, left or centre in politics – in India or anywhere in the world – have to come forward to condemn such mad proliferation campaigns. ¨¨¨