The Revelation

By Vineet Malik | February 27, 2021 | London, England

Oh ! Yes !! Your Policies for Economic Growth will Benefit a Dead Planet, read environment activist - Disha Ravi’s placard on a busy street of Bengaluru in Southern India

Ravi was arrested by Delhi Police for alleged to have committed Sedition under the draconian section 124 (A) of the Indian Penal Code on February 13.

The Police charged her for making edits to a Google document that was shared as a ‘toolkit’ to be used in the continuing farmers protest.

Sedition refers to subversion of a Constitution and incitement of discontent or revolt against established authority.

Ravi, finally got reprieve from a Delhi Court after spending eight days in police custody and prison.

The presiding Judge took on the errant cops by questioning the sole premise of Ravi’s arrest in absence of any material evidence.

The order states “In my considered opinion, citizens are conscience keepers of the government in any democratic nation. They cannot be put behind bars simply because they choose to disagree with state policies. By invoking sedition indiscriminately, including against idealistic young activists, government harms its own moral authority.”

The decision to release Ravi on bail is hailed by the upright citizens involved in advocacy campaigns promoting individual liberties.

The sedition law was brought into the legislation in India by the British Government in 1870 to specifically tackle with revolt and dissent against colonial rule.

Interestingly, the United Kingdom abolished the sedition law in 2009.

Subsequent to India’s freedom from the British rule in 1947, now the politicos are taking advantage of using the said law as an instrument to muzzle free speech and bridle dissent in liberal India.

Despite, the right to dissent enshrined under Article 19 of the Constitution of India, the police misuses its powers on behest of the government to instill fear among dissenting citizens.

This incident reminds us of the iconic judgment ruled by the top Court in the matter of Kedar Nath Vs State of Bihar in 1962.

The Supreme Court ruling stated, “Disloyalty to government established by law is not the same thing as commenting in strong terms upon the measures or acts or its agencies. Subversion of the government is an offence, however criticisms of its actions is not.”

Ravi is not the only one to have gone through such murky waters.

The most talked about sedition cases filed against Kanhaiya Kumar – former President of Jawahar Lal Nehru University (JNU), Aseem Trivedi – Cartoonist, Hardik Patel – Inclusion and Diversity Activist and Arundhati Roy – Author and Human Rights Activist still send shivers down the spine.

Strategic Lawsuits Against Public Participation – SLAPP in India is increasingly becoming a trend that reflects fragile mindset and intolerance towards those who hold different opinions against anti people government policies.

Justice D.Y Chandrachud – Judge of the Supreme Court of India while speaking on the topic : “The Hues That Make India” last year said, “Dissent is safety valve of democracy and employment of state machinery to curb dissent instills fear and creates a chilling atmosphere on free speech which violates the rule of law and distracts from the constitutional vision of pluralist society.”

By Vineet Malik | February 08, 2021 | London, England

DLF Carlton Estate – A residential skyscraper in the heart of Gurgaon in India is embroiled in unending multiple scams

Move in or out of Carlton Estate in DLF Phase 5, Gurgaon as a tenant or an owner, until you shell out INR 7,080 / £ 71 towards ‘shifting charges’, the lorry loaded with your household stuff won’t be allowed to move an inch.

In 2015, S N Singh, then District Registrar - Firms and Societies, Gurgaon – a government regulatory authority said, “No transfer fee can be charged from tenants according to the law. Residential Welfare Authorities come up with weird clauses on their own”.

The board members governing Carlton Estate are adept at defying laws of the land without any fear of condemnation and prosecution.

Abhinav Sharma, a tenant while leaving the property last month smelled a rat and asked the board members “what are the moving out charges ? Do we get a proper bill/invoice for this ? The guard told me it’s 7k ! This is more than half of what I’m paying to move my stuff to Noida.”

Another resident, Rangbhadra Acharya responded, “I paid INR 7,080 yesterday after staying in Carlton for 15 years. I think it is ridiculously high amount.”

Tenants have often shared their tales of getting fleeced even if they have moved from one floor to another in the same tower.

Pawan Tharwani – President, Manju Bhargav – Joint Treasurer, Arun Verma – Secretary, Manoj Sharma – Treasurer and Ritabrata Pramanik – Member of CECA have been illegally collecting money to the tune of half a million ( approximate figure ) annually on account of shifting in /out charges from the residents.

Interestingly, the erstwhile board members of CECA, Sachin Jain – President, Sameer Nigam – Secretary, Ibrahim Ahmad – Treasurer, were no less in committing the said prima facie crime of indulging in financial fraud with the residents and contravening the law of the land.

According to the statement of financial position of CECA for the years 2016 - 2017, 2017 – 2018 and 2019 – 2020, Sachin Jain and his other accomplices illegally collected INR 4,38,582 / £ 4,390, INR 6,47,772 / £ 6,480 and INR 4,61,932 / £ 4,620 respectively.

Nishant Mehra ( name changed on request ) a resident says, “CECA has lost it’s credibility under the fraudster - Pawan Tharwani convicted by World Intellectual Property Organization - WIPO vide a judgment ruled against him dated October 11, 2018. 

This is a clear cut case of violation of the law and all the money must be immediately refunded back with 12 percent interest annually and all future collections must be stopped immediately.

If CECA under Pawan Tharwani continues to charge transfer fees then, a case of fraud and cheating under the appropriate provisions of Indian Penal Code must be filed against him and his accomplices.”

Despite seeking an explanation from Pawan Tharwani and his team along with Sachin Jain, Ibrahim Ahmad, Manoj Sharma, Ritabrata Pramanik through e mail with a reminder, all of them chose not to respond.

Sarika Jain of Sarika Jain & Co. – official auditor of CECA with a registered licence number 027627N issued by the Institute of Chartered Accountants of India - ICAI was also reached out for her comments in the said matter. However, Jain failed to respond till date.

By Vineet Malik | February 06, 2021 | London, England

Justice Rohinton Fali Nariman was appointed as a Judge of the Supreme Court of India on 7 July, 2014.

Nariman’s retirement is due in August this year

He is no ordinary Judge.

Justice Markandey Katju (Ret’d), on his blog revealed that, Nariman was trained as a learned Parsi priest at a tender age of 12.

He was taught at the Harvard Law School by the stalwarts; Professors Laurence Tribe and Roberto Unger. He practiced Maritime Law in New York at Haight Gardner Poor and Havens for a year.

In November, 2016 Nariman while launching his book : The Inner Fire, left his audience spellbound when he spoke at length on drawing a parallel between various faiths and the importance of karma in life.

Lawyers swear by Nariman’s integrity and impeccable knowledge of international laws and bona-fide litigants are often seen walking out crying from his court.

Wrongdoer’s shiver for getting their pleadings converted to perjury as Nariman’s memory is compared with an elephant and resolve to dispense justice is always at fore.

Justice Madan Lokur, former Judge of the Supreme Court of India says “Having known Rohinton from our days in the Law Faculty of Delhi University, I can confidently say, that he is a greater and more versatile genius.”

Nariman is often described as a “Rockstar Judge” after he struck down ‘draconian’ Section 66A of the Information Technology Act from the Constitution through his 123 page judgment.

The landmark judgement ruled vide Shreya Singhal Vs Union of India stated “No one can tamper with the Constitution, Governments may come and Governments may go but Section 66A goes on forever.”

The ruling reflects intolerance of people who misused the law to gag the Constitutional provisions of right to freedom of speech and expression in India.

His another judgment on dissent in the matter of Kantaru Rajeevaru Vs Indian Young Lawyers Association resurrected the Constitutional values where-in it stated “Women worshippers were thwarted despite a judgment ruled by the Supreme Court upholding their fundamental right to equality and worship at the Sabarimala temple.

It was up to the Government, it’s ministers and it’s officials to firm up and implement the judgment. The dissent, be it the Prime Minister or a Chief Minister, who failed to follow the judgment violated the rule of law.”

Nariman scrapped the 19th century law criminalising homosexuality vide Navtej Singh Johar & Ors. Vs Union of India which stated “The whole object of fundamental rights is to give court power to strike down laws which a majoritarian governments, swung by votes, will not repeal. We don’t wait for majoritarian governments to repeal laws.”

One of the most recent controversial order passed by Nariman pertains to issuance of notice against a lower court Judge alleging contempt of the top court and contravention of statutory articles of the Constitution vide Manubhai Hargovandas Patel Vs Learned A.P Khanorkar, Metropolitan Magistrate, 68th Court, Mumbai, Maharashtra.

Dinshaw K. Tamboly, Chairman, The World Zoroastrian Organisation Trust says

“Justice Rohinton Fali Nariman has grown in stature every time he has delivered a judgement, fortifying the necessity of what Caroline Kennedy has mentioned - “the bedrock of democracy is the true rule of law which means having an independent judiciary who can make decisions independent of the political winds that are blowing.

                                 Photo Credit : Nandakumar Pawar

By Vineet Malik | February 06, 2021 | London, England

193 Died in River Sand Mining Incidents in India in 2019-20

The environment has been paying a substantial price over quenching the greed of human beings for amassing wealth at the cost of widespread devastation and endangering our evolution.

A recent research published by “International Journal of Science” underscored the adverse effects of sand mining on the environment in India.

Illegal sand mining has resulted in changing the flow and degradation of rivers and coastal ecosystem, soil erosion, deepening of rivers and estuaries, undermining bridges, increasing the risk of flooding, eliminating buffers against storm surges, disturbance of the water table leading to topographic disorder and severe ecological imbalance.

Sand mining in India is regulated through various national and province laws where-in, it should be legitimately carried out only after obtaining approvals from statutory bodies along with mandatory safety measures. Unfortunately, that seldom happens according to the rule book.

Involvement of sand mafias in bludgeoning people to death is often debated by scores of people in society however such instances are only surging with time that has further led to a feeling of anguish and pain among the loved ones of those who lost their lives for protesting against illegal sand mining. The illegal sand mining activities involve the local mafia who often use arms and weapons to run the racket.

According to a report in NewsClick, journalist Shubham Mani Tripathi employed with a local newspaper : Kampu Mail was shot dead by unidentified persons on June 19 last year for reporting on illegal sand mafia activities in Uttar Pradesh province. 

Sumaira Abdulali, founder of Awaaz Foundation - an environmental NGO in Mumbai says, “As sand is one of the indispensable ingredient for driving the economy through construction growth agenda, therefore political will to cease illegal sand mining is lacking.”

                                 Photo Credit : Nandakumar Pawar

Recently, a virtual dialogue titled “Blood on the Sand” focused on dangers of riverbed mining in South Asia was organised by Third Pole where-in the role in governance of sand mining and the failure of the Government was discussed at length by the participants.

Justice Madan Lokur, a former Judge of the Supreme Court of India recently expressed concern over deteriorating law and order situation and said “The core issue of implementation of sand mining laws gets concealed on a wrong premise of policy decisions.”

In late 2020, South Asia Network on Dams, Rivers and People (SANDRP) released a shocking report titled “193 dead in River Sand Mining incidents in India in 2019-20”. The said report underscored illegal sand mining activities adversely impacting river ecosystem and riparian communities.

The report also highlighted detailed province wise data of people directly or indirectly alleged to have been killed due to illegal sand mining activities, involvement of politicos and cited deterioration of the ground situation.

Despite several protests by locals and number of court orders reprimanding the central and province governments, people from all sections of society are targeted for speaking against unlawful sand mining activities.

A Public Interest Litigation (PIL) with a title M Alagarsamy Vs Union of India filed in the Supreme Court of India in 2018 with a plea to cease all river and beach sand mining activities by Advocate Pranav Sachdeva still remains undecided.

By Vineet Malik | January 14, 2021 | London, England

The matter bring to the fore, the grave consequences of undermining the respect for law stipulated by the Supreme Court of India

The Supreme Court of India presided by Justice Rohinton Fali Nariman, Justice Navin Sinha and Justice K.M Joseph on Wednesday sought response from A.P Khanorkar – Metropolitan Magistrate, 68th Court, Mumbai, Maharashtra, India in a Contempt Matter filed by Petitioner-In-Person - Manubhai Hargovandas Patel, resident of Mumbai.

The Petitioner has challenged elementary rules of law alleged to have not comprehended and thereby erred by Anil Laxman Pansare - Registrar (J-II) of the Supreme Court pertaining to admissibility of the Contempt Petition and breach of statutory procedures of extension of stay as laid down in a landmark judgment ruled by the Constitutional Court vide Criminal Appeal No.1375-1376/2013, SC.

The order passed by the Registrar (J-II) of the Supreme Court has been challenged by citing the law laid down in Jaswant Sugar Mills Ltd, Meerut Vs Lakshmichand and Ors, AIR 1963 SC 677 and followed in P. Surendra Vs State by Inspector of Police (2019) 9 SCC 154 where-in, it states

“The Registrar of the Supreme Court can not refuse to register any Petition / Application and can not decide the maintainability of it because the maintainability of any Petition / Application can be decided only by the Court.”

It has also come to light, the oblique manner in which the Metropolitan Magistrate alleged to have been demeaning the law of the land by ruling unlawful orders in a Criminal matter pending against the Income Tax Sleuths pertaining to the Prevention of Corruption Act, 1988, amended by the Parliament in 2018 with intent to impede the criminal proceedings and shield them from the clutches of law.

The Petitioner has placed reliance on a landmark judgment ; Priya Gupta Vs Add’l Secretary, Ministry of Health and Family Welfare & Others,(2013) 11SCC 404. 

The Supreme Court verdict states

“Violation of the orders of the Court would be it’s disobedience and would invite action in accordance with law. The orders passed by this Court are the law of the land in terms of Article 141 of the Constitution of India.

No Court or tribunal and for that matter any other authority can ignore the law stated by this Court.

This Court also expressed the view that it had become necessary to reiterate that disrespect to the Constitutional ethos and breach of discipline have a grave impact on the credibility of judicial institution and encourages chance litigation.

The Constitution has placed upon the judiciary, the responsibility to interpret the law and ensure proper administration of justice. Violations which are likely to impinge and the court system must be punished, to prevent repetition of such behaviour and the adverse impact on public faith.”

The petitioner conclusively made a prayer to the bench of the Supreme Court to register the Contempt matter by citing the law laid down by the Constitution bench of seven judges in Re: C.S Karnan (2017) 7 SCC 1, which states “Even a common man can file contempt petition against a Judicial Officer even if he is a Judge of the Constitutional Court and Court is bound to examine said Contempt Petition. The identity of a person alleged to have committed Contempt is inconsequential before the Court hearing Contempt Petition.”

By Vineet Malik | January 13, 2021 | London, England

Trouble seems to be constantly mounting for farmers demonstrating peaceful protest, challenging the constitutional validity and demanding to repeal the draconian farm laws in India.

On Tuesday, a Constitutional bench led by Chief Justice of India – S A Bobde, Justice A S Bopanna and Justice V Subramanian granted stay on the three controversial farm laws; Farmers Produce Trade and Commerce ( Promotion and Facilitation ) Act, 2020, Essential Commodities ( Amendment ) Act, 2020 and Farmers ( Empowerment and Protection Agreement on Price Assurance and Farm Services Act, 2020.

The interim order states

“Having heard different perspectives, we deem it fit to pass the following interim order, with the hope and expectation that both parties will take this in the right spirit and attempt to arrive at a fair, equitable and just solution to the problems.

The implementation of the farm laws shall stand stayed until further orders.

The representatives of all the farmers’ bodies, whether they are holding a protest or not and whether they support or oppose the laws shall participate in the deliberations of the Committee and put forth their view points. The committee shall, upon hearing the Government as well as the representatives of the farmers’ bodies, and stakeholders, submit a Report before this Court containing its recommendations.

While we may not stifle a peaceful protest, we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”

The interim order has ensued a fresh controversy making farmers all the more sceptical in dealing with the government.

The top court in it’s order constituted a four members committee to resolve the farmer union’s ongoing grouse.

The four members committee entails Bhupinder Singh Mann,  Anil Dhanawat, Pramod Kumar Joshi and Ashok Gulati.

Mann has been assertive towards implementation of the said laws. Recently, a representation of farmers presented a memorandum to Agriculture Minister in Krishi Bhawan with a request to implement the said laws, with amendments. Mann voiced his opinion on amendments to make sure that judicial recourse and a level playing field between private and state-run markets.

Anil Dhanawat, President – Shetkari Sanghatana supported the farm laws however with a rider to make amendments.

Pramod Kumar Joshi, erstwhile senior employee of International Food Policy Research Institute ( IFPRI ) also extended support towards the said laws in one of his opinion published in “The Financial Express”.

Ashok Gulati, fourth member of the committee is known to have agriculture background as an economist. He wrote his opinion that was published in the “Indian Express” where-in he openly supported all the farm laws. He wrote that, the economic rationale of these pieces of legislation was to provide greater choice and farmers to sell their produce and to farmers to sell their produce and to buy and store, thereby creating competition in agriculture marketing. He asserted by making a comparison of the said laws with the de-licensing of the industry way back in 1991.

With the said ill-favoured development, irate farmers have made it clear that, they refuse to accept the said committee formed by the top court and their peaceful protest would not end till the said laws to favour the powerful Industrialists are dropped.

Ever since the protest began, more than fifty farmers have lost their lives while participating in the protest.

                                    Photo Credit : Jimena Amaral - CPJ

By Vineet Malik | December 15, 2020 | London, England

A Never Seen Before Rundown on Journalists Arrested Worldwide For Their Work

The Committee to Protect Journalists (CPJ) today released the 2020 Global Census of Journalists imprisoned for their work.

In contrast to the previous year’s summation, 274 Journalists were sent to captivity for covering instances of the pandemic and civil unrest as of 1 December.

This happens to be the highest number, ever since CPJ began collecting data in the early 1990s.

Several Journalists were arrested in China for their coverage of the pandemic, has been the world’s worst captor for the second consecutive year.

Turkey, followed China’s footsteps and Egypt, crossed all the limits by keeping Journalists in custody without corroborating the facts pertaining to the alleged crime committed by them.

Saudi Arabia also happens to be in the league for imprisoning Journalists.

Belarus, a European Nation where Journalists were imprisoned for covering dissent by people protesting in large numbers ensued over the disputed re-election of the long-time president Alexander Lukashenko, who claimed victory in an election widely alleged as unscrupulous.

Imprisoned Journalists in Belarus were the first listed on CPJs census ever since 2014.

Political unrest, in this case leading to armed conflict, also led authorities to round up journalists in Ethiopia; at least seven were jailed there, compared with one a year earlier.

Most of them are accused of anti-state crimes, yet authorities have repeatedly extended their detention in order to investigate, without bringing forth any evidence.

CPJ Executive Director Joel Simon says

“It’s shocking and appalling that we are seeing a record number of journalists imprisoned in the midst of a global pandemic.

This wave of repression is a form of censorship that is disrupting the flow of information and fueling the infodemic. With COVID-19 raging through the world’s prison, it’s also putting the lives of journalists at risk.”

Dissent and Political disturbance were found to be predominant reasons for most of the arrests.

CPJ defines journalists as people who cover the news or comment on public affairs in any media, including print, photographs, radio, television, and online. In its annual prison census, CPJ includes only those journalists who it has confirmed have been imprisoned in relation to their work.

                                                Photo Credit : You Tube

By Vineet Malik | November 06, 2020 | London, England

In a startling development on Friday, the Apex Court of India issued a Show Cause Notice to the Maharashtra Legislative ( Province in Western India ) Assembly Secretary for Contempt of Court and allegedly intimidating Arnab Goswami – Editor In Chief – Republic TV.

The Supreme Court Bench headed by the Honb’le Chief Justice of India ( CJI ) and two other Honb’le Justices took a stern view over a letter penned by the Secretary of Maharashtra Assembly , where-in the letter stated , despite informing the Journalist about the proceedings of Breach of Privilege Motion initiated against him which were termed confidential , the said letter was still produced before the Supreme Court in breach of Confidentiality.

The CJI most annoyingly expressed his anguish and said

“The Officer says , how did you file this Notice in the Supreme Court. How dare he ? No one can be stopped from approaching this Court.

The intention of the Author ( Assembly Secretary ) seems to intimidate the Petitioner ( Goswami ) as he approached this Court and threaten him with a penalty for doing so.

The Assembly Secretary must know that the right to approach the Supreme Court under Article 32 itself was a fundamental right.”

The SC Bench made a note that

The given statements made by the Secretary are unprecedented and suffer from the tendency to bring the Administration of Justice into disrepute.

In the recent past, Goswami had categorically said that , he would relentlessly question Uddhav Thackeray – Chief Minister of Maharashtra and other elected representatives over the illegal Breach of Notice issued to him with ulterior motive.

The Top Court vide order dated 6 November, 2020 also mentioned that the Contemnor shall remain present before this Bench on the next date of hearing, meanwhile the Petitioner shall not be arrested in pursuance of the present proceedings.

Harish Salve – Sr. Advocate told the Bench that

Cases after Cases are being filed against Arnab Goswami. Constitutional Courts have to see the reality and not the smokescreen.

6

                                                Photo Credit : CPJ

By Vineet Malik | London | October 28, 2020 | London, England

Each year, the Index highlight Countries where Criminals in collusion with Political Groups, Politicos and Business Leaders resort to violence, to silence Critical and Investigative Scribes

Committee to Protect Journalist ( CPJ ) , a Press Freedom Watchdog today released it’s annual “Global Impunity Index 2020″ with disquieting revelations.

The report is named as “Getting Away With Murder”.

The number of murders of Scribes in 2020 surged past the 2019 figures.

Top 4 Worst Countries

Somalia, Syria, Iraq and South Sudan cling to the worst four spots on the list.

CPJ inferred that corruption, fragile institutions and lack of political will to pursue robust investigations attribute towards impunity in these countries among which Pakistan, Mexico and Philippines reign supreme.

Most Consistent Countries

Pakistan and Philippines have been part of the Global Impunity Index since its inception in 2008.

The Philippines is the biggest mover in this year’s rankings, improving from the fifth worst country worldwide to the seventh worst.

Most Mortal Country

Mexico, the deadliest Country for Scribes in the western hemisphere moved to the sixth worst impunity ranking from seventh last year. So far, in 2020, at least four Scribes have been murdered in retaliation for their work.

CPJ defines murder as a deliberate killing of a specific Scribe in retaliation for the victim’s work.

All 12 Countries have featured multiple times since CPJ first compiled the Index in 2008 and seven have appeared in consecutive years.

Perspective on India

Aliya Iftikhar – Sr. Researcher – Asia , CPJ responded to the following points at issue from India’s perspective.

Q. What do you have to say on non-participation of India in UNESCO Impunity Accountability Mechanism ?

A. Participating in UNESCO’s Impunity Accountability Mechanism would show that India has the political will to actually combat impunity.

Q. Given the fact that India is at the 12th position of “Global Impunity Index” , please share your views on Scribe’s being targeted in India for daring to report pertinent issues of crime, corruption and collusion between politicos, criminals and police ?

A. Journalists across India are being targeted for numerous reasons including reporting on crime and corruption, but namely, they are being targeted for critical reporting. It’s very concerning that the government has stayed silent on the numerous attacks against journalists and has also launched numerous lawsuits against journalists instead of promoting and creating a safer environment for journalists.

Q. Where do you see the Scribe’s Freedom of Speech and Expression heading towards and what are the measures that can be initiated to make it more effective in this day and age.

A. Unfortunately press freedom around the world has deteriorated in recent years as many government leaders have denounced the press. Countries can take measures to ensure safe working environments for all journalists and can work to decrease corruption, strengthen institutions, and create political will to combat impunity.

                    Photo Credit : International Federation of Journalists

During the 10 year Index period ending 31 August, 2020, 277 Scribes were murdered for their work worldwide and in 83 percent of those instances, no perpetrators have been prosecuted.

Illustrating the entrenched nature of impunity, the 12 Countries on the Index account for 80 percent of the global total of unsolved murders of Scribes for the 10 year Index period.

                                                Image Credit : CPJ

Daphne Anne Caruana Galizia (née Vella; 26 August 1964 – 16 October 2017) was a Maltese writer, blogger and anti-corrupt activist, who reported on political events in Malta.

                                             Photo Credit : ICAN

By Vineet Malik | October 25, 2020 | London, England

International Campaign to Abolish Nuclear Weapons ( ICAN ) is a coalition of non-governmental organisations in one hundred countries promoting adherence to and implementation of the United Nations Treaty on the Prohibition of Nuclear Weapons.

The said NGO based in Geneva, Switzerland received the Nobel Prize in 2017.

ICAN in unison with Emissaries of Australia , Brazil, Costa Rica, Indonesia, Ireland, Mexico, New Zealand,, Nigeria, South Africa, Thailand, Jamaica and Nauru on this Friday ratified the UN Treaty on the Prohibition of Nuclear Weapons ( TPNW ) in a special virtual ceremony on the Nuclear Ban Treaty.

With already 50 States formal consent in place , UN Treaty will enter into force in January , 2021 to finally turf out Nuclear Weapons.

Beatrice Fihn – Executive Director, ICAN says 

“Nuclear Weapons are not only immoral but also illegal.

This Treaty will be used by the Banks, Pension Funds and Financial Institutions to stop resources flowing to the organisations which manufacture these Nuclear Weapons.”

Very Soon, it will become the International Law.

This is a new chapter for Nuclear Disarmament. Decades of activism have achieved what many said was impossible. Real leadership has been shown by the countries that have joined this historical instrument to bring it to full legal effect.”

Setsuko Thurlow, survivor who somehow managed to escape from the Nuclear bombings in Japan says 

“I have committed my life to the abolition of Nuclear Weapons.

I have nothing but gratitude for all who have worked for the success of this Nuclear Ban Treaty.”

                                               Photo Credit : ICAN

Russia, the United States, the United Kingdom, France, China, India, Pakistan, Israel and North Korea possess an estimated total of almost 14000 devastating Nuclear Weapons, most of which are a lot more powerful than the Nuclear Weapons dropped on Hiroshima and Nagasaki in Japan on August six and nine, 1945. More than 22 million people lost their lives in the massacre, most of whom were civilians.

                                         Photo Credit : Africa News

By Vineet Malik | October 13, 2020 | London, England

           Global Hunger Index Is Stricken With Covid 19 Catastrophe

In the backdrop of Covid 19 Catastrophe, the Global Hunger Index 2020 released this Tuesday has been concertedly prepared by Concern Worldwide - an international humanitarian organization based in the United Kingdom that strives for a world free from poverty, fear and oppression and Welthungerhilfe ( WHH ) - a private aid organization based in Germany, fighting hunger around the world.

Discernibly, livelihoods of millions of people have been destroyed at an unprecedented rate and now their lives are in imminent danger from starvation.

David Beasley – Executive Director at The United Nations World Food Programme in March, 2020 had officially declared before the United Nations Security Council about anticipated severe food insecurity among 149 million pre Covid 19 to 270 million people in most vulnerable countries before the end of 2020.

Given the prolonged fallout of the Covid-19 epidemic, the GHI report on International Development proposed before the UN envisioning “Zero Hunger” by 2030 has been declared illusive.

Out of the assessment of 132 countries, Belarus, Bosnia, Herzegovina and Brazil topped the GHI 2020 whereas, Madagascar, Timor-Leste and Chad stood at the bottom.

                              Photo Credit : Concern Worldwide, UK 

In an exclusive interview, Danny Harvey – Executive Director, Concern Worldwide, UK says

What are the measures initiated by Concern Worldwide to combat hunger in these unprecedented times ?

“Covid-19 has had a colossal impact on worldwide hunger.

Increased food prices, loss of jobs and lack of access to nutritious food now means that millions of people do not have enough to eat and experts have predicted we’re on the brink of the worst hunger crises in 50 years.

At concern, we deliver life-saving and life-changing interventions to some of the world’s poorest and most vulnerable people going to the hardest to reach places to make sure that no one is left behind.

We’re drawing on decades of experience of combating hunger by providing therapeutic food for malnourished children, food vouchers to feed families and giving people the means to set up their own garden so they can access nutritious food during this hunger crises.

In September, we screened 2,687 children in West Kodofan, Sudan for malnutrition and admitted 340 onto feeding programmes to help them recover and regain their strength. 

Through our current Covid Hunger Crises Appeal we’re also aiming to provide 8,000 households in Oicha, the Democratic Republic of Congo with cash transfers to help them see through this crises and buy the food they need.”

How feasible is it to achieve “Zero Hunger” amid Covid 19 Catastrophe ?

The 2020 Global Hunger Index” has found that the world is not on track to achieve “Zero Hunger” by 2030 – and that’s based on data that pre-dates the health, economic and environmental crises of 2020.

This means that the actual number of people suffering from hunger today will be far more than what it is reflected in the latest Global Hunger Index.

The report’s projections show that 37 countries will fail to achieve even ‘low’ hunger levels in the next decade, meaning the world faces an immense mountain if it is to achieve “Zero Hunger” in the next decade.

The events of 2020 have shown that our food systems are unfair and inadequate in ways that are impossible to ignore. But, by taking an integrated approach to health and food and nutrition security security, it may be possible to achieve “Zero Hunger” by 2030.

The GHI report points to the need for a concerted effort by governments, donor,  international organizations like the UN and NGO’s like Concern and WHH to increase and improve sustainable practices in agriculture, ensure there is sustained and sufficient funding for primary health and nutrition services and support local economies and livelihoods of the poorest.

While a global effort is needed, emphasis should be on those countries which are at alarming or serious levels of hunger such as Chad, the DRC and South Sudan, putting those furthest behind first.

“With only 10 years remaining until 2030, it is more urgent than ever to follow through on our commitment and actions to realize the right to adequate and nutritious food for all.”

By Vineet Malik | October 06, 2020 | London, England

With the ongoing recession and the Covid 19 epidemic, people in India have been severely hit with a double whammy

The given alarming figure has been released by the Centre For Monitoring Indian Economy ( CMIE ) for the month of September.

A huge blend of urban and rural population in India are left to fend for themselves and have slipped into gloom in wake of the Covid-19 Catastrophe.

Unemployment has been steadily fluctuating and consequently making people redundant for possibly years to come. The said disruption has primarily affected the salaried and lower strung tier of the society.

The worst affected sectors encompass Food and Culinary, Travel and Tourism, Retail, Entertainment and Leisure, Beauty and Fitness to name a few.

Start up’s were the first one’s to retrench their employees followed by the established and thriving organizations.

On the flip side, some people are of the opinion that, limited opportunities pertaining to Public Safety, Social Welfare and Healthcare are still available for beginners, however all such opportunities comes with a catch of extremely low remuneration.

Employers have also voiced their opinion by questioning their employees about the viability of retaining them in event of losing revenue and sustaining themselves during these unprecedented times.

Industry professionals says “it will be challenging to revoke the consequences till discovery of the Covid 19 medicine.”

Anil Arora, a former entrepreneur based in Faridabad, India says

“Since last 3 years, my business was already facing a lull and now due to the Covid-19 epidemic, i have been hit really hard.

I was compelled to surrender my GST number to the Government as i couldn’t pay rent for my home, office and store.

I was also made to sell my car to somehow sustain my family.”

Pallavi D’Cruz ( name changed on request, a National Institute of Fashion Technology graduate and former employee of a multi national apparel Co. based in Mumbai, India says 

By Vineet Malik | September 29, 2020 | London, England

In a bid to contain the COVID-19 pandemic, Prime Minister Boris Johnson recently took another bold decision to include its Capital City to the “Covid-19 Watchlist” as an area of concern.

It all began in the month of February this year, when the first instance of the Covid-19 was discovered and within less than 30 days, the numbers swelled to more than 500 in London alone.

Ever since then, the frightful footprint of the said pandemic surged to huge numbers infecting tens and thousands of people.

As a matter of fact, amid several measures adopted by the UK Government to somehow bring the numbers down has invoked mixed reactions from people of different background.

A majority of the population in London is of the view that, testing capacity of the Covid-19 must be pushed further on immediate basis with concentrated focus in specific locales where phenomenal number of instances are anticipated to be discovered in the present unprecedented circumstances.

Johnson has been in a dilemma to contain the said pandemic on the one hand by enforcing restrictions and minimizing curbs on businesses to let the economy uninterruptedly thrive on the other.

Despite all such curbs implemented by the UK Government in public interest, the number of the Covid-19 instances are just not reflecting any evidence of a declining pattern.

As per the count of the Public Health England ( PHE ) in consonance with National Health Service ( NHS ) and Office of National Statistics ( ONS ), instances of the Covid-19 stood at 47484 in London as on September 24.

Parys Brathwaite, a student based in London says

“People have not stood by the 2 metre distance and failed to follow the rules”

Manpreet Sethi, a student based in London says

“The Government needs to outline the rules in a simpler way in which it is accessible by everyone to further reduce the chances of spreading it further”

By Vineet Malik | September 21, 2020 | Gurgaon, India

In a most bizarre incident occurred in Carlton Estate, DLF Phase 5, Gurgaon, India, an expose made by a Scribe on a serious construction lapse, where-in prominent cracks developed on the roof of the Lower Ground Floor of Carlton Estate IV have been ignored by the concerned authorities since last 4 years evoked a shocking response.

The first expose pertaining to the said matter was unearthed on 10 August, 2016 followed by another news story on 25 July, 2020.

Can Carlton Estate, Gurgaon, withstand an earthquake?

Exclusive : DLF Carlton Estate Rotting In Corroded Cracks

Pawan Tharwani, the new President of Carlton Estate on 3 September, 2020 categorically expressed in a communication shared with the residents which stated

"All documents / records/ emails can be publish on Society Platform but I have refrained doing so in the past and will continue to do so unless it becomes must, as the electronic documents have a tendency to fly out of society and may result in bringing bad name to our Carlton Estate, which I am sure nobody wants.

But yes, all records of the Society are public records and can be shown to any resident in the office on prior information.”

A resident - Ritu Mathur in a communication shared with the residents on 4 September, 2020 stated

“I completely agree with the statement written by RWA President Mr Pawan Tharwani that a document , record anything which bring bad name to Carlton should not be posted on this forum.

“I having property , worth crores invested in carlton , don’t want that in name of freedom of speech or freedom of press becomes blemished or flawed property of comparatively less worth than any other in phase 5…”

What Does the Law Say on Press Freedom

1st Landmark Verdict

In the matter of Sunil Baghel Vs State of Maharashtra 

vide SCC Online Bom 161 , 24.01.2018 , the Honb’le Bombay 

High Court stated ,

The right of the public to information flows from the right of the Press under Article 19(1).

The Press is the most powerful watchdog of public interest, in a democracy.

2nd Landmark Verdict

In the matter of Indian Express Newspapers (Bombay) (P) Ltd. Vs.. Union of India vide 1986 AIR 515, 1985 SCR (2) 287 , 06 December , 1984 , the Honb’le Supreme Court stated

“In today’s  free world, freedom of press is the heart of social and political intercourse. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate Government cannot make responsible judgments.

Newspapers being purveyors of news and views having a bearing on public administration very often carry material which would not be palatable to Governments and other authorities.”

3rd Landmark Verdict

In the matter of Romesh Thappar Vs State of Madras vide AIR 124, 1950 SCR 594, the Honb’le Supreme Court stated

“The freedom of circulation to be as essential as the freedom of publication.”

4th Landmark Verdict

In the matter of Bennett Coleman and Co. Vs Union of India and Ors vide AIR 106, 1973 SCR (2) 757 , 30 October, 1972 , the Honb’le Supreme Court stated

“The rights of shareholders with regard to Article 19(1) (a) are projected and manifested by the newspapers owned and controlled by the shareholders.

In the present case the individual rights  of freedom  of speech and expression of Editors, Directors and Shareholders are all expressed through their newspapers through which they speak.

Newspapers should be left to determine their pages and their circulation.”

5th Landmark Verdict

In the matter of Sakal Papers Vs Union of India vide AIR 305, 1962 SCR (3) 842 , 25 September 1962 , the Honb’le Supreme Court stated

“States cannot make laws which directly violate the freedom of speech and expression guaranteed under the Constitution.

Journalistic Freedom at Core of Right to Free Speech

Journalistic Freedom lies at the “core” of fundamental right to free speech and India’s freedom will rest safe as long as journalists can speak to power without being chilled by the threat of “Reprisal” – Supreme Court.”

The press derives this right from the right to freedom of speech and expression in Article 19(1) (a) of the Constitution of India, 1950.

…………………………………………

What Does the Law Say on Right to Seek Information

1st Landmark Verdict

In the matter of Saraswati Welfare Association Vs Pardeep Kumar Rapria And Ors vide Civil Writ Petition No.11467 of 2019 , May 02 , 2019 , the Honb’le Punjab and Haryana High Court stated

“All the documents filed by a Society with the District Registrar under the Act shall be deemed to be public documents and can be accessed by any citizen under the provisions of the Right to Information Act, 2005. 

To that extent, every society registered under the Act shall be deemed to be a public office for the purposes of the said Act and shall be liable to supply the requisite information against the fee prescribed by the Society, if any, for all purpose.”

2nd Landmark Verdict

In the matter of Vivek Vishnupant Kulkarni Vs State of Maharashtra vide CWP (C) 6961 OF 2012 , the Honb'le Bombay High Court had passed a landmark verdict to file an FIR against the Public Information Officer for not providing the information on pretext of losing the file - documents.

The Constitution of India has established democratic Republic. Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information. It is necessary to harmonise these conflicting interests while preserving the paramouncy of the democratic ideal.

Now therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it."

Thus, it is clear that the Right to Information Act, 2005 has been enacted by the Parliament of India for setting up the practical PNP 18/21 WP6961 regime of right to information for citizens to secure access to information under the control of public authorities, and in order to promote transparency and accountability in the working of every public authority.

In the circumstances, we pass the following order :-

“We direct the Respondent No.3 to set the criminal law in motion as directed under the judgment and order passed by the Second Appellate Authority dated 18th August, 2011.

We further direct that after the First Information Report is registered by the State of Maharashtra, the PNP 21/21 WP 6961, investigation shall be completed as expeditiously as possible and preferably within the period of six months from the date of registration of the First Information Report. 

The concerned Commissioner of Police shall consider of entrusting the investigation to an officer of a higher rank and not below the rank of a Deputy Commissioner of Police; We direct the State to pay cost of Rs.15,000 to the Petitioner.”

                             Image Credit : Transparency International

By Vineet Malik | September 15, 2020 | Gurgaon, India

Pawan Tharwani became the new unopposed President of Carlton Estate – a residential society in July, 2020 after spearheading a fierce battle against the previous alleged corrupt Residential Welfare Association (RWA) Management headed by Sachin Jain – President.

Tharwani in collusion with Arun Verma - Secretary on 8 September, 2020 while making an official announcement for conducting the Annual General Body Meeting ( AGM ) of Carlton Estate shared the Notice along with schedule and the unsigned Draft Balance Sheet for the previous Financial Year 2019 – 2020 with the residents, solicited their queries within one week and also assured to resolve the queries through the intervention of the previous RWA Management and the Auditors.

Arun Verma in collusion with Pawan Tharwani categorically mentioned in the aforesaid communication shared with the residents.

“The Balance Sheet is being put up in draft form as the outgoing board expressed their inability to sign the same.

The present board thought it prudent to show the residents the balance sheet and then sign the same after due deliberations during the upcoming AGM / GBM meeting. In case if any member feels that the draft balance sheet should have been displayed at the time of the circular , then please let us know by 10 Sept. 2020 and we will reschedule the AGM accordingly.”

It is pertinent to mention that, Pawan Tharwani had filed a complaint against the previous RWA Management alleging grave averments of Financial Irregularities, Misappropriation of Funds and Falsification of Accounts.

The residents have alleged that, given the aforesaid complaint which is still pending for enquiry has led to the previous and present RWA Board Members reluctance to sign the Balance Sheet and other miscellaneous financial documents of Carlton Estate.

Not long ago, Pawan Tharwani on 25 September, 2019 had addressed a mail to the residents of Carlton Estate where-in, he had casted aspersions against the previous RWA Management for deliberately flouting the Haryana Registration and Regulation of Societies Act, 2012 ( HRRS ACT ).

The relevant paragraph of the e mail dated 25 September, 2019 .

As per HRRS Act, 2012 / Rules – Any AGM Notice by any governing body of any society is to be accompanied with

1.      Certified Copy of Balance Sheet

2.      Auditor’s Report

3.      Member List of the Society

Flouting rules / acts / bye laws has become norm with our present governing body, as observed and notified time and again.

When they did not publish any of the above document along with AGM Notice , we were forced to move the District Registrar Office once again with a complain against the illegal ways of getting AGM passed by CECA board.

But the question remains for all of us – do we, and for how long should accept these unlawful activities of our own governing body and what are we achieving from this AGM.

...............................................................

In complete contradiction to what Pawan Tharwani stood for and filed not one but several plaints against the previous RWA Management , it is prima facie evident that , now the same individual after becoming the President of Carlton Estate has made an attempt to mislead and deceive the residents and flouted Section 38 of the HRRS Act, 2012 which states

Every Society shall supply a copy of the Balance Sheet or a Statement of Accounts together with the Auditor’s Report to every member of the General Body or the Collegium , as the case may be , along with the Notice of the Annual General Meeting, unless these documents have been placed on the website of the society.

Furthermore, when the residents raised a flag against the misconduct of the present Carlton Estate RWA Management headed by Pawan Tharwani, the AGM notice was most abruptly withdrawn and the Annual General Body Meeting was deferred by the said President and Secretary.

A week ago, the residents were compelled to accept the arbitrary and illegal terms and conditions prior to sharing any post on the Carlton Estate Residents Forum known as “Adda Forum”.

One of the illegal condition to share any post on “Adda Forum” categorically stated

“That, no resident will share anything pertaining to information of legal cases/s of any other resident on “Adda Forum” or else the resident will be banned or removed from “Adda Forum.”

Pawan Tharwani was requested twice to provide a copy of the said illegal terms and conditions of  “Adda Forum” being arbitrarily imposed on the residents however, he did not respond to all such requests.

Interestingly , few residents have been raising objections pertaining to integrity and honesty of Pawan Tharwani on discovering his alleged involvement in a World Intellectual Property Organization ( WIPO ) Case , where-in , an adverse verdict was passed against Pawan Tharwani.

The said decision is reproduced here-in :

Decision : For the foregoing reasons , in accordance with paragraphs 4(i) of the Policy and 15 of the Rules , the Panel orders that the disputed domain names and be transferred to the Complainant.

The verdict was passed by Steven A Maier – Sole Panelist dated 11 October, 2018.

By Vineet Malik | September 14, 2020 | Gurgaon, India

Disha Salian, 28, a Celebrity Manager of Sushant Singh Rajput – Bollywood Actor was found nude in a pool of blood after falling from Level 14 of a residential high rise building located in Malad, Maharashtra, India where-in a party was organized on the intervening night of 8 June, 2020.

Disha’s autopsy was conducted after two days of her demise and the report revealed glaring lapses.

Consequently, Sushant Singh Rajput was also found dead at his residence in Mumbai, Maharashtra under suspicious circumstances on 14 June, 2020.

After 96 days of different theories of suicide and intoxication being mumbled pertaining to the death of Disha and Sushant , an individual by the name of Nitish Rane – local Politician has today revealed on the National News Channel that , there is a lot more to be known about the said matter and also that both the incidents are very much linked with each other.

Nitish Rane has fearlessly divulged that Disha Salian’s fiancee – Rohan Rai is aware of the truth behind the incident and can be one of the most vital source of information to reach the culprits who allegedly committed the gruesome crime of killing Disha and prove the false theory of suicide being deliberately spread by few people to hush up the matter.

Rane also said that the Mumbai Police from day one knowingly and willfully covered up the said case and was reluctant to investigate the truth behind Disha’s sudden demise.

By Vineet Malik | September 01, 2020 | Gurgaon, India

Developers in India have time and again earned disrepute for indulging in unfair trade practices and thereby continue to rampantly cheat home-buyers even after selling the landholdings.

DLF Ltd in Indian Real Estate landscape is one such developer known to have been in the news for the wrong reasons.

As a matter of fact, developers in India even after selling the landholdings, most brazenly intend to control the maintenance and other miscellaneous functions of the apartments and condominiums only to hoodwink and commit financial fraud with its customers.

Even though, as per the Haryana Ownership Act , 1983 , the maintenance work of all such residential zones were supposed to be handed over to the RWA’s – Residential Welfare Associations, however the builder lobby in Gurgaon did not accede and comply with the provisions of the said Act.

However, after receiving several representations from all such aggrieved home-buyers and different consumer forums , the Haryana Government in 2012 had enacted an altogether new law named as ( HRRS Act , 2012 ) - The Haryana Registration and Regulation of Societies Act , 2012.

April, 2013

In 2013, through the notification vide STP(G)/April/2013 issued by the Town and Country Planner , more than 35 developers including DLF Ltd were directed to hand over the operations to their respective Residential Welfare Associations to be run by the residents.

DLF Ltd, as alleged with nefarious design to dilute and bypass the said Act came up with ways and means to continue with unfair trade practices and floated it’s erstwhile employees as part of the Residential Welfare Association and continued exploitation of the apartment owners and to an extent also tenants who have been since last many years asked to pay shifting / moving in – moving out charges in contravention to the order passed by the Honb’le District Registrar , Firms and Societies.

…..

April, 2016

In 2016, as per one official document on which there is no date mentioned however, it is duly signed by Sachin Jain - erstwhile President - Carlton Estate Condominium Association (CECA ) addressed to Aakash Ohri - Executive Director - DLF Ltd has not only shocked the residents of Carlton Estate but also opened a can of worms.

The relevant para of the said letter is reproduced here-in in verbatim.

“On behalf of all property owners and residents of Carlton Estate, we the office bearers of CECA would like to place on record our heartfelt thanks to you and DLF Ltd for help provided at the time of big maintenance costs which puts a heavy burden on residents / owners.

“We are in receipt of a cheque for Rs.25 Lacs from DLF Ltd as a gesture of goodwill to cover part of expenditure towards recarpeting of roads at Carlton Estate.”

Incidentally, the high-value amount – Rs. 25 Lacs / 2.5 Million that constituted 50 percent cost of the road resurfacing project as stated in the said letter was paid by DLF Ltd.

The said road resurfacing project was completely ill conceived where-in sub-standard construction work was undertaken by the unqualified contractor on recommendation made by DLF Ltd, in contravention of the Haryana Public Works Department ( Regulation and Enlistment of Contractors Rules – 2014 ).

The residents of Carlton Estate were still asked to pay Rs.25 Lacs approximately more other than the contribution made by DLF Ltd.

The roads in Carlton Estate in less than 6 months of commencement of the resurfacing work started breaking and developed pot holes.

The erstwhile RWA of Carlton Estate governed by Sachin Jain – President, Nitin Gianchandani - Vice President, Sameer Nigam - Secretary, Sandeep Lamba – Jt. Secretary, Ibrahim Ahmad – Treasurer and others categorically declared that the contractor’s strength was strong recommendation made by DLF Ltd. whereas the contractor other than his experience did not have any professional qualification to undertake the road resurfacing work.

DLF’s MISCONDUCT

August, 2016

In the same year , while a Journalist representing City Spidey – News part of Steve Medius Pvt Ltd approached DLF Ltd through V K Gupta – Vice President, Operations Head – DLF Phase 5 for his comments pertaining to cracks developed on the roof of the lower ground floor in Carlton Estate, V K Gupta had said

“They had handed over the building to residents three years back and are not responsible for carrying out repairs now.”

Can Carlton Estate , Gurgaon withstand an Earthquake

October, 2018

Similarly, while a news was broken by the Times of India pertaining to illegal establishment of shops in Carlton Estate on 24 October, 2018, DLF Ltd on the very next day got a caption of “Clarification” published in the Times of India on 25 October, 2018.

The said Clarification is reproduced here-in in verbatim

“With reference to our report on shops at Carlton Estate published on October 24 , 2018, DLF has clarified that it had in July 2013 handed over Carlton Estate to the elected board and has no connection with the Carlton Estate Condominium Association, which functions independently.”

4 Years on , Illegal Shops Encroach Carlton Car Park , Residents Livid

Carlton Estate in last 18 years have witnessed plentiful alleged scams.

It is alleged that Alok Kumar Srivastava, ex employee of DLF Ltd, ex Vice President and later Estate Manager – Carlton Estate Condominium Association and now Consultant – Carlton Estate Condominium Association has been deliberately and wilfully fielded by DLF Ltd to commit all such financial fraud and run Carlton Estate on behalf of DLF Ltd through proxy.

EX RWA BOARD MEMBERS MISCONDUCT

While, almost all other Resident Welfare Associations of different residential societies developed by DLF Ltd have been fighting for their legitimate rights against DLF Ltd in different Courts, the erstwhile RWA Board Members of Carlton Estate governed by Sachin Jain – President , Nitin Gianchandani - Vice President, Sameer Nigam - Secretary , Sandeep Lamba – Jt Secretary, Ibrahim Ahmad – Treasurer and others were most brazenly busy sending invites to the residents of Carlton Estate on behalf of DLF Ltd to indulge in High Tea with DLF Ltd as if they were the said builder’s agent.