Law146;s long arms

Recent decisions which hold human rights violators and also those who aid and abet them accountable and liable have significant implications. Recently the US Court of Appeals, the Second Circuit, in Khulumani vs. Barclays National Bank, reversed a lower court8217;s dismissal of a claim by victims of South Africa8217;s apartheid regime against 50 banks and institutions alleged to have actively collaborated with the Government of South Africa in maintaining the repressive and racially discriminatory apartheid system. The court declined to accept the expedient plea of the US State Department and of the South African government that adjudication of this matter should be avoided because 8220;it risks potentially serious adverse consequences for significant interests of the United States.8221;

Another recent US judgment is noteworthy. There was a ghastly suicide bombing at a restaurant in Haifa on October 4, 2003, which killed 21 people. The Palestinian Islamic Jihad, working closely with Hamas, claimed credit for the bombing. Soon thereafter the suicide bombers8217; family received a check from the Arab Bank for about 5,500 drawn on an account in Saudi Arabia, known as Account 98, whose sole purpose was to support Intifada-2 in its campaign of terror against the Israelis. Iris Almog, who lost her parents in the suicide bombing, and other victims filed suits in US Federal Court in New York against the Arab Bank for aiding and abetting the suicide bombing. The Arab Bank is a financial institution with its main office in Amman and 400 branches throughout the Arab world. Its only link with the US was its branch office in Manhattan, which had been converting Saudi money destined for suicide bombers into Israeli shekels. The plaintiff invoked the Alien Tort Claims Act of 1789 ATC. Their plea was a the Arab Bank by arranging to provide money to the families of the suicide bombers aided and abetted the suicide bombing which resulted in the death of the plaintiffs8217; family members and b the US Courts have jurisdiction to try such suits under ATC because of egregious violation of customary international law regardless of where the act occurred and irrespective of the nationality of either the perpetrators, their abettors or the victims. In a pre-trial ruling Judge Nina Gershon accepted the plaintiffs8217; plea. The ultimate outcome will be most interesting. It is hoped that it would expand and strengthen the arms of law.

Windfall taxes

Ordinary human beings do not like to pay taxes. The extraordinary US judge and jurist Oliver Wender Holmes was an exception: he enjoyed paying tax because he believed he thereby bought civilisation! The CPM has advocated the imposition of a windfall profit tax on private/joint venture oil-producing companies and private standalone refineries because the huge profits enjoyed by them have increased along with the increase in oil prices. The rationale is that private refineries do not contribute to meet the oil subsidy bill and their profits are in the nature of a windfall and should be taxed.

Windfall taxes should also be levied on persons who make enormous profits solely because of fortuitous events and the operation of societal forces. They have not expended any time, labour or energy and indeed have not worked at all to earn these huge profits. There is nothing wrong in making them disgorge a part of their undeserved gains. Besides, willing payment of windfall taxes may perhaps kindle a patriotic spark in their materialistic fabric and assuage their guilty feelings about acquiring undeserved wealth. The CPM8217;s suggestion appeals to a sense of equity.

Classic goof?

Goofs there have been and will be because of human fallibility. However, deporting Ansar Burney, a former minister of Pakistan, back to Dubai after landing in Delhi is a classic goof. Were immigration authorities unaware of Burney8217;s credentials and his efforts in securing the release of Indian citizen Kashmere Singh from Pakistani prison, and his campaign for reprieve of Sarabjeet Singh? Or is there something in the goof which is more than meets the eye? Will the home ministry inform citizens, who surely have a right to know?