Former CJI S.P. Bharucha resigns from the 3-member arbitration panel in the Krishna-Godavari Basin D6 gas fields dispute following Centre's objection

Former Chief Justice of India, SP Bharucha,who was the nominee of Reliance Industries Ltd. (RIL) as arbitrator, has recused himself from the company's arbitration with the Union Gvernment over the Krishna-Godavari Basin D6 gas fields dispute, following the  challenge to his nomination by the Union Government which had claimed that Bharucha had not disclosed all his previous association with RIL and that his arbitration could create doubts about his independence and impartiality. Justice Bharucha's resignation came after the Supreme Court issued a notice to RIL, on Friday morning.

(Former Chief Justice of India, S.P. Bharucha)

The appeal filed by the Union Government said that Bharucha had claimed in a letter in April 2014 that "If I had any reason to doubt my ability to decide the issues involved in the arbitration, I would not have accepted the nomination as arbitrator." The Union Government however disputed that claim. "Contrary to the stand taken by Justice Bharucha the lawyers of Reliance informed in June 2014 that Justice Bharucha has given opinions to RIL between 2009-2012 and disclosed the fees paid to him," the Union Government said.

The Union Government has nominated another former Chief Justice of India, V.N Khare as its choice of arbitrator. The Supreme Court of India had in April appointed Michael Kirby, a former judge of the High Court of Australia and eminent jurist as Chairman of the three-member arbitration panel, as the third "neutral" arbitrator.

Chimpanzees cannot be recognised as a "legal person", rules a U.S. Court

A chimpanzee is not entitled to the same rights as people and does not have be freed from captivity by its owner, a US court has ruled.

 

A chimpanzee is not entitled to the rights of a human and does not have to be freed by its owner, a New York appeals court ruled on Thursday.  The Appellate Division panel  was unanimous in denying "legal personhood'' to Tommy, the chimp, which lives alone in a cage. 

In October, attorney Steven Wise, representing the Nonhuman Rights Project, filed a suit alleging that a privately owned chimpanzee named Tommy was unlawfully imprisoned in New York, and should be transferred to a sanctuary in Florida. Wise argued that chimpanzees, having shown self-awareness, intelligence and empathy, are close enough kin to humans as to deserve some rights.

 

The Trial court dismissed the suit filed by the Nonhuman Rights Project's seeking to have Tommy released. The group's lawyer, Steven Wise, contended before the Appellate Division panel that the chimp's living conditions are akin to a person in unlawful solitary confinement. Wise argued that animals with human qualities, such as chimps, deserve basic rights, including freedom from imprisonment. 

But the Appellate Division panel said there is no precedent for treating animals as persons and no legal basis.

"So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties," the judges wrote. "Needless to say, unlike human beings, chimpanzees cannot bear any legal duties, submit to societal responsibilities or be held legally accountable for their actions. In our view, it is this incapability to bear any legal responsibilities and societal duties that renders it inappropriate to confer upon chimpanzees the legal rights – such as the fundamental right to liberty protected by the writ of habeas corpus – that have been afforded to human beings." 

“To be sure, some humans are less able to bear legal duties or responsibilities than others. These differences do not alter our analysis, as it is undeniable that, collectively, human beings possess the unique ability to bear legal responsibility,”

Judge Karen Peters said, writing the judgment

Tommy, believed to be about 40 years old, is a former entertainment chimp who was placed with its owner,Patrick Lavery about 10 years ago. Lavery said Tommy is cared for under strict state and federal license rules and inspections.

On facts, the Court found that there have been no claims that Tommy has been mistreated or any of those rules have been violated.