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Delhi High Court is hearing a petition by Elsevier against Sci-Hub and LibGen seeking restraining orders on publication of articles which infringe the copyright of Elsevier.

LibGen is unrepresented before the court today as well.

Sr. Adv. Amit Sibal submits that these rogue websites call themselves pirate websites who do not concern themselves with copyrights.

Sibal: I have gone through the application of Sci-Hub, and it states that they are aware of copyright laws, but find them "oppressive".

#SciHub #LibGen

Sibal: A majority of the material we produce is available on subscription basis, while some material is available publicly.

Sibal: The former is the incentive for us in the first place. Even searching for these articles infringed upon by them results in further infringement, therefore, there is no other way than to block these websites.

Delhi HC: Mr. Sibal, all we need to know is, do you agree that the interveners can argue in the matter?

Sibal: We want to file a reply to the application.
Delhi HC: Subject to filing of your reply, do you mind if we atleast hear them, as this is a matter of public importance, concerning the entire scientific community?

Sibal: Qua Defendant No. 2 (LibGen) we would like a relief.
Delhi HC: This is a matter of public importance, we need to hear them atleast. The court had taken a view that the written statement should come, I am not going to go against that view.
Sibal: That is only qua SciHub.

Delhi HC: There are other matters requiring urgent hearing, why should your matter be allowed to march over all of them? I will give you an early hearing and fix it for arguments itself.

Sibal: The same ad-interim order which was passed against Sci-Hub, I'm seeking against LibGen also.

Delhi HC: Vide order dated 24.11.2020, this court issued notice to certain defendants, out of whom notice has been accepted by some. Notice to be issued to LibGen again via email.

Delhi HC: SciHub has sought for further time to file its written statement, 2 weeks granted.

Delhi HC: SciHub's statement on 24.12.2020 (wrt undertaking to not publish further articles) to continue till the next date of hearing.

Sr. Adv. Gopal Sankaranarayanan: We undertake that, My Lord.

NDOH: 23.02.2021

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@LiveLawIndia

Supreme Court Bench headed by CJI SA Bobde will shortly consider today a batch of PILs seeking removal of farmers protesting at Delhi borders against farm laws.

#FarmersProtests #SupremeCourt #FarmLaws2020

Solicitor-General Tushar Mehta submits that he has received a message from Sr. Adv. Harish Salve to be unmuted.

#FarmersProtests #SupremeCourt #FarmLaws2020

CJI: Why are you commenting on the Courtmaster ? We are asking is Mr. Salve appearing in the matter.

SG: I just received a message.

CJI: We don’t have any information of him appearing.

#FarmersProtests #SupremeCourt #FarmLaws2020

Adv. Dushyant Tiwari begins submissions: You have already passed a judgement in the Amit Sahni case (Shaheen Bagh judgement). Please look at Para 19.

#FarmersProtests #SupremeCourt #FarmLaws2020

SG once again requests the Court to unmute Salve.

Courtmaster informs CJI that no AOR has informed of Salve’s appearance.

#FarmersProtests #SupremeCourt #FarmLaws2020

Live Law
@LiveLawIndia

Kerala High Court resumes hearing of Bail Application of M Sivasankar, Former Principal Secretary of Kerala Chief Minister

Sivasankar is presently in ED's custody for alleged involvement in the Kerala Gold Smuggling case. He is also being investigated by the NIA and Customs Department.

Senior Advocate Jaideep Gupta is arguing for Sivasankar.

He denies ED's allegations that Sivasankar contacted customs officials to clear the baggage alleged to be containing smuggled gold.

Gupta claims statement made by co-accused Swapna Suresh about Sivasankar's involvement are not credible as the same were made after her arrest.

Gupta points out that the correspondence between Sivasankar and Swapna does not disclose any knowledge on the latter's part.

He also tells Court that all of Swapna's statements categorically denied his client's involvement in gold smuggling, until before her arrest.

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@LiveLawIndia

Supreme Court takes up the petitions challenging the constitutionality of farmers laws.

Adv P Wilson @PWilsonDMK says he is appearing in one of the petitions challenging the Acts.

CJI : All the advocates who appeared yesterday(in PILs against farmers protests) are not seen today except for Mr. Dushyant Tiwari

Dushyant Tiwari : I have impleaded the farmers unions.

Solicitor General : There is a confusion. The first item is the petitions challenging the validity of laws.

CJI : We will not decide the validity of the laws today. The first and the only thing we will decide today is regarding the farmers protest and the fundamental right of citizens to move. The question of validity of laws can wait.

CJI : We will hear Mr. Salve, Mr. Parihar and other petitioners (in PILs against farmers protest)

#FarmersProtest

Live Law
@LiveLawIndia

Supreme Court to consider shortly the petition filed by the Buffalo Traders Welfare Association against the 2017 Cattle Rules brought by the Centre under the Prevention of Cruelty to Animals Act.

On the last hearing date, January 4, the CJI had warned that the Court will stay the Rules if the Centre does not withdraw them. The CJI observed that the Rules are contrary to the parent

Matter taken.

"What are you going to do about the rules", CJI asks the Solicitor General.

'We told you last time that Rules are in dissonance with the Sections. The animals are the source of livelihood for people. The section is clear that only after conviction that animals can be taken away. The Rules permit to take away animals even before conviction' - CJI

Solicitor General : The petitioner has confused between seizure and confiscation. An animal subject to cruelty cannot be allowed to be maintained by the person. As in the case of any seizure, the party can approach the court for custody.

Live Law
@LiveLawIndia

#SupremeCourt is hearing a Public Interest Litigation seeking directions by Top Court, to provide food and healthcare facilities to children and lactating mothers, because the entire Anganwadi system has shut due to the lockdown.

On November 28, the Top Court had directed the Centre & States to file affidavits with regard to implementation of guidelines issued on operation of Anganwadi in the context of COVID-19.

Senior Advocate Colin Gonsalves says he has prepared a chart wrt to the laxity of the Union with regard to the Aanganwadi system.

The Central Govt's survey on what states had done points to the fact that states had not reopened anganwadi systems in light of the notification of the Govt dated November 11, says Gonsalves.

The system is totally at a standstill, says Gonsalves.

The NHRC study and recommendation states that he Anganwadi's must immediately restart, says Gonsalves

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उच्छिष्ट चण्डाली-अ.त्र...
@AnvikshikiTrayi

Now this is provoking me to write!

The schism of BJP- RSS ideology.

Full blown Schizophrenia if one wants to psychoanalyze BJP.
#doublebind where a parent keeps giving double messages to their confused children. They adore the parent for one thing and hate them for another.

BJP-RSS ideology

Lower rank workers worship #NathuramGodse, but leaders worship Mahatma Gandhi.

True meaning of #SabkaSaath \U0001f606
— Dr. Latha (@DrlathaC) January 30, 2021

How can BJP sustain itself with this kind of internal schism? In other words no samanjas or clarity of what they stand for?

Its exploding now. The madness.
People airing out Gandhi's sexuality out of context and irrelevant to him being killed by Godse.Supporting Godse's action

But not understanding that the same reasons why Godse was killed are the reasons why BJP leaders today hail Gandhi as Bapu or Mahatma. On #MartyrsDay
Very dangerous mind or #headgames being played out here. Our country is a large scale mental asylum with broken psyche.

Sanatana Dharma does not need more Nathuram Godses. We need more Shri Vidyaranyas and Adi Shankaras who would build Hindu Rajya through Raja and kshatriya Dharma.
Nathuram Godse as a Brahmana weakened his brahmanatwam by adopting a Nationalist ideology.

Instead he could have used his pourusham to garber a Sanatani movement to fight against INC and Gandhian ideology.

He dissented from RSS and started his own Hindu Rashtra Dal and also was a member of Hindu Mahasabha. However he did not fall back on our darshana s to understand

Voice of Kshatriyas
@KshatriyaVoice

#Thread
Gujars have claimed every living species in this galaxy to be their own, be it Attila Hun or Mihirkula, Parmars, Pratihars, Chauhans, Pulkeshin Chalukya, Shivaji Bhonsle, Bhatis and what not.

It's high time that the verity of their claims needs to be checked.

When Thomas Twining traveled in 1794 in Doab he found 3 tribes of robbers- Pindaris, Mewatis, and Gujjars. "Goujer on contrary implies nothing but craftiness and unsparing barbarity and communicates nothing but terror and dismay

Hari Ram Gupta an eminent historian describes Gujars as 'a tribe of thieves'.
When Babur first came to India he saw Gujjars coming from the mountains and stealing away the cattle and buffaloes. They looted Indians and foreigners alike.

Historian HR Gupta while talking about Gujars says:
"they oppressed poor grass cutters and extorted money from them, those who did not pay it were beaten by them".

Basically Gujars who now claim every dynasty to be their own, were always a nomadic pastoral tribe and even now in JK. However, they took to stealing as their main profession. Proverb was 'dog, rangar, cat and gujjar, without these 4 everybody could sleep with doors open'.

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নিবেদিতা...
@NiveditaNarayan

Remembering the Bengali scientist Dr Subhash Mukhopadhyay- the Pioneer of IVF in India, the creator of India's first and world's second child using IVF on his birth anniversary. The Father of IVF in India who was rewarded with suicide was born on 16.01.1931in Hazaribagh.
#Thread

Dr. Subhash was the son of a doctor and studied at the National Medical College in Kolkata after completing his schooling. Fascinated by innovations in gynaecological surgery from his early days as a medical student, he completed his PhD in reproductive physiology +

from the University of Calcutta before going to the Edinburgh University in UK for a PhD in reproductive endocrinology. On his return to India in 1978, he started researching ovulation and spermatogenesis. Soon after, he teamed up with Sunit Mukherji, a cryobiologist +

and Saroj Kanti Bhattacharya, a gynaecologist, to work on a method of in-vitro fertilization for a patient (Bela Agarwal) with damaged fallopian tubes. +

Mukhopadhyay with a double PhDstarted work on IVF techniques in the mid 60s and created history by becoming the first physician in India and second in the world after British physicians Robert Edwards and Patrick Steptoe) to perform the In-vitro fertilisation. +

Ruchir Sharma
@ruchirsharma_1

Hindutva does not belong to Modi nor his party, it belongs to the people as a unifying, decolonial ideology similar to pan-Africanism or Yugoslavism.

His own brand of "positive secularism" is even milder - deepening special rights and welfare schemes for religious minorities.

I'm not entirely comfortable with Modi's "Hindutva".

I know many of my Indian followers will come at me, angrily - but let me just say this out.

I'm not sure it is a great model for democracy in a diverse, multi-cultural developing nation.
— Onye Nkuzi (@cchukudebelu) February 2, 2021

After the disbanding of the Hindu Mahasabha and Jana Sangh, Hindutva as a political ideology does not even exist, except as a bogeyman in the minds of the Anglophone elite.

Even the BJP gave up Hindutva for civic nationalism, Gandhian socialism, and positive secularism in 1980s.

Under Modi, there has been compete policy continuity on minority rights and welfare from the Congress era, with little to no "Hindutva agenda" coming to see the light of day.

The most radical policy they can dream of is religion-neutral laws and equal rights for equal citizens.

Hindutva was essential in forming a national consciousness, but was abandoned with time. The modern BJP refuses to self-identify as a Hindutva movement, adopting moderates like Sardar Patel, Deendayal Upadhyay, and JP Narayan as their icons, rather than Savarkar or the Mahasabha.

When they say Hindu Rashtra, all they mean is an "Indic polity".

When British India was partitioned into a Muslim homeland and a Dharmic homeland, one state became a 'Ghazi' garrison state, and one the successor state to the Indic

Shruti Chaturvedi
@adhicutting

People you're seeing in TV posing as locals of #SinghuBorder are NOT locals. Infact, locals are extremely warm with the protestors. This is what real locals have to say!

No one has a problem with protestors at #SinghuBorder. Who were the ones who came to protest??

https://t.co/l3xWK8z0m7

#IndiaStandsWithFarmers

Sweeetestt ❣️❣️❣️

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The Haas / Force India argument is fascinating, and the decision of the stewards may still have consequences. The first key finding is that the stewards ruled Racing Point Force India to be a valid constructor. That means that it builds its own cars.

Haas had argued that the cars had been designed by Force India, but as Haas knows only too well, "outsourcing" is legal. The stewards decided that "there is no regulatory support for the argument that Outsourcing of Listed Parts cannot come from a former or excluded team."

In determining this, the stewards also came to the following conclusion: "In relation to the submission by the Racing Point Force India F1 Team that it is not a new team, the Stewards decide that the Racing Point Force India F1 Team is indeed a new team."

This will have a big knock on effect for Haas in its continued arguments over the rights of RPFI as relates to its eligibility and rights under the complex payments structure. Haas has argued all along that RPFI should be treated as a new team and tread the same path that it did.

TLDR? Haas lost the fight but may have won the war. In having its argument that Racing Point hadn't designed their own car thrown out, they gained clarification that RPFI was a new team.