Lex Regula News Letter - March 11, 2025 

 INDIA 

British Activist Jagtar Singh Johal Acquitted in Terror Trial Jagtar Singh Johal, a British human rights activist detained in India since 2017, has been acquitted of all terrorism-related charges by a Punjab court. Despite the acquittal, Johal remains imprisoned due to eight other pending cases brought by India's National Investigation Agency. His family and legal team have consistently maintained his innocence, alleging forced confessions through torture.

theguardian.com

SEBI to Challenge Mumbai Court Order Against Senior Officials India's market regulator, the Securities and Exchange Board of India (SEBI), plans to challenge a Mumbai court order mandating an investigation into its senior officials. This follows a petition alleging that SEBI allowed a fraudulent company to be listed, causing harm to investors. SEBI contends that the court proceeded without providing notice or an opportunity for the officials to present their case. 

reuters.com

Enactment of the Mediation Act, 2023 The Indian government has enacted the Mediation Act, 2023, aiming to reduce the judiciary's burden by promoting mediation as an alternative dispute resolution mechanism. The Act outlines the applicability of mediation in various scenarios, including disputes involving government bodies and commercial matters. 


Advancements in Judiciary Digitization Under Chief Justice Chandrachud Under the leadership of Chief Justice D.Y. Chandrachud, the Indian judiciary has made significant strides in digitization. Initiatives such as e-Courts services, virtual courts, and the National Judicial Data Grid have been implemented to enhance transparency and efficiency in the judicial system. These efforts aim to make legal processes more accessible to the public. 

Conviction in Kolkata Doctor's Murder Case A Kolkata court has sentenced Sanjay Roy, a police volunteer, to life in prison for the rape and murder of a 31-year-old trainee doctor. The crime, which occurred in August 2024, led to nationwide protests about women's safety and prompted strikes and rallies demanding better security in hospitals and swift justice. 

apnews.com

Concerns Over Judiciary's Independence Amid Executive Influence The separation of powers between the executive and judiciary in India is facing significant challenges. On September 11, 2024, Prime Minister Narendra Modi attended a private Hindu religious ceremony at the home of Chief Justice D.Y. Chandrachud. This unusual occurrence has raised concerns about the independence and impartiality of the judiciary, especially in cases involving the government or interreligious conflicts. 

lemonde.fr

Supreme Court Criticizes Election Handouts India's Supreme Court has criticized the practice of distributing handouts during elections, stating that it leads to the creation of a "class of parasites" unwilling to work. The court suggested integrating people into mainstream society to encourage contribution to the nation, highlighting concerns over the fiscal impact of such freebies.

Ongoing Debate on National Judicial Appointments Commission (NJAC) The debate over the National Judicial Appointments Commission continues, focusing on the balance of power between the judiciary and the executive in appointing judges. The Supreme Court had previously struck down the NJAC Act, emphasizing judicial independence, while some government officials advocate for revisiting the commission to address concerns about the collegium system.

Supreme Court's Consideration of Same-Sex Marriage Legalization The Supreme Court is currently hearing petitions seeking the legalization of same-sex marriage in India. The discussions involve interpreting existing laws, such as the Special Marriage Act, to include same-sex couples, with debates focusing on fundamental rights and societal norms. The court's decision is anticipated to have a profound impact on LGBTQ+ rights in the country.

Judicial Review of Electoral Bonds Scheme The Supreme Court is set to review the controversial electoral bonds scheme, which allows anonymous funding to political parties. Critics argue that the scheme undermines transparency in political financing, while the government maintains it as a measure to curb black money in elections. The court's examination will address concerns about electoral integrity and accountability.

 INTERNATIONAL 

Landmark Cacti-Smuggling Conviction in Italy 
Italian citizens Andrea Piombetti and Mattia Crescentini were convicted for illegally importing and exporting endangered cacti from Chile's Atacama Desert. The court imposed suspended prison sentences and substantial fines, also awarding damages to the Associazione per la Biodiversità e la sua Conservazione (ABC) for the "moral harm" inflicted on their conservation efforts. This case sets a precedent in biodiversity litigation, promoting accountability for environmental restoration.

theguardian.com

Missouri's Legal Action Against China Over COVID-19 PPE Hoarding

Missouri's Attorney General has threatened to seize Chinese assets across the U.S. to enforce a $24.5 billion judgment awarded in a lawsuit against China for hoarding personal protective equipment during the COVID-19 pandemic. China does not recognize the ruling and criticized the lawsuit as "absurd." Experts doubt Missouri's ability to collect the funds, noting that states acting alone complicate international relations, and collecting the award by seizing Chinese-owned assets is improbable. 

apnews.com

Arrest of Former Philippine President Duterte on ICC Warrant

Former Philippine President Rodrigo Duterte was arrested at Manila's main airport following an International Criminal Court (ICC) warrant. The ICC is investigating potential crimes against humanity related to Duterte's "war on drugs," which resulted in thousands of deaths. Duterte has defended his anti-drug campaign, denying allegations of ordering extrajudicial killings. The arrest marks a significant development in international accountability for state-led actions.

ICC Issues Arrest Warrants for Israeli Leaders 

On November 21, 2024, the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, alleging responsibility for war crimes and crimes against humanity during the Gaza war. This unprecedented move requires 125 ICC member states to arrest the officials if they enter their territory, highlighting international legal scrutiny over actions in conflict zones.

en.wikipedia.org

ICJ Declares Israel's Occupation of Palestinian Territories Illegal

The International Court of Justice delivered an advisory opinion declaring Israel's occupation of Palestinian territories illegal under international law. The court called for Israel to end its occupation, cease settlement activities, and pay reparations for damages. The United Nations General Assembly subsequently adopted a resolution demanding Israel's withdrawal from the occupied territories within one year.

en.wikipedia.org

Global Trade Tensions Impact Fashion Industry

The fashion industry is grappling with the implications of unpredictable trade policies, marked by fluctuating tariffs and trade barriers. Recent additional tariffs on China add pressure on fashion brands, prompting companies to consider new strategies, such as shifting production locations to avoid tariffs. Non-tariff barriers, including quotas, import licensing, and compliance standards, complicate trade and increase costs. These challenges require fashion companies to navigate a constantly shifting landscape, balancing costs while attempting to maintain quality and supplier relationships.

Arrest of Columbia University Student Amid Protests

Mahmoud Khalil, a graduate student at Columbia University with permanent resident status, was arrested by ICE agents following his involvement in pro-Palestinian protests. Despite having a green card, agents threatened his pregnant wife with arrest and mistook him for being on a student visa. Khalil's arrest is part of President Trump's stance to deport foreign students and imprison "agitators" participating in alleged illegal protests. This event underscores heightened tensions within academic institutions amid governmental crackdowns on dissent. 

thetimes.co.uk

European Court Rules on Data Privacy

The European Court of Justice ruled that certain data transfer mechanisms between the EU and the U.S. do not sufficiently protect EU citizens' data privacy rights. This decision impacts numerous companies relying on these mechanisms, necessitating revisions to their data handling practices to comply with EU standards.

UN Tribunal Convicts Former African Leader

A United Nations tribunal convicted a former African leader of crimes against humanity, including genocide and war crimes, committed during his tenure. The conviction serves as a significant milestone in international justice, reinforcing accountability for leaders implicated in severe human rights violations.

International Sanctions Imposed Over Cyber Espionage
Several countries imposed coordinated sanctions on a nation-state accused of conducting extensive cyber espionage campaigns targeting critical infrastructure and private sector entities globally. The sanctions aim to deter future cyber threats and emphasize the international community's commitment to cybersecurity.