Gay celibate clergy in England can become bishops

first_img Rector/Priest in Charge (PT) Lisbon, ME Rector (FT or PT) Indian River, MI Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET [Anglican Communion News Service, Episcopal News Service] The Church of England issued a statement Jan. 4 confirming that gay priests can be appointed bishops as long as they live in accordance with the teaching of the Church [of England] on human sexuality.The Rt. Rev. Graham James, bishop of Norwich, issued the following statement on behalf of the House of Bishops of the Church of England:“The House of Bishops’ Pastoral Statement on Civil Partnerships issued in 2005 did not address specifically whether clergy who entered such partnerships should be considered for the episcopate. What the House has now done, following the work undertaken by the group chaired by the Bishop of Sodor and Man set up last year, is to look at the matter again last month.“The House has confirmed that clergy in civil partnerships, and living in accordance with the teaching of the Church on human sexuality, can be considered as candidates for the episcopate. There had been a moratorium on such candidates for the past year and a half while the working party completed its task.“The House believed it would be unjust to exclude from consideration for the episcopate anyone seeking to live fully in conformity with the Church’s teaching on sexual ethics or other areas of personal life and discipline. All candidates for the episcopate undergo a searching examination of personal and family circumstances, given the level of public scrutiny associated with being a bishop in the Church of England. But these, along with the candidate’s suitability for any particular role for which he is being considered, are for those responsible for the selection process to consider in each case.”Editors’ notes:The House of Bishops issued a statement detailing the business carried out at their meeting on 20 December 2012 which can be found here. Paragraph 7 of that statement reads: “The House considered an interim report from the group chaired by Sir Joseph Pilling on the Church of England’s approach to human sexuality.Pending the conclusion of the group’s work next year the House does not intend to issue a further pastoral statement on civil partnerships. It confirmed that the requirements in the 2005 statement concerning the eligibility for ordination of those in civil partnerships whose relationships are consistent with the teaching of the Church of England apply equally in relation to the episcopate.”The statement follows on from the House of Bishops consideration of this matter on 1st July 2011 “Civil partnerships and same-sex relationships: a statement by the House of Bishops of the Church of England” which can be found here.The 2005 statement said in part that House of Bishops “does not regard entering into a civil partnership as intrinsically incompatible with holy orders, provided the person concerned is willing to give assurances to his or her bishop that the relationship is consistent with the standards for the clergy set out in Issues in Human Sexuality.”That 1991 document said that “clergy cannot claim the liberty to enter into sexually active homophile relationships. Because of the distinctive nature of their calling, status and consecration, to allow such a claim on their part would be seen as placing the way of life in all respects on a par with heterosexual marriage as a reflection of God’s purposes in creation. The Church [of England] cannot accept such a parity and remain faithful to the insights which God has given it through Scripture, tradition and reasoned reflection on experience.”Despite the need “to avoid public scandal,” the document rejected possible calls for bishops to be “more rigorous in searching out and exposing clergy who may be in sexually active homophile relationships,” First of all, the bishops said, it would be “grossly unfair” to assume that two people of the same sex living together were “in some form of erotic relationship.” Second, “it has always been the practice of the Church of England to trust its members and, and not carry out intrusive interrogations in order to make sure they are behaving themselves.”Issues in Human Sexuality made it clear that, while the same standards apply to all, the Church did not want to exclude from its fellowship those lay people of gay or lesbian orientation who, in conscience, were unable to accept that a life of sexual abstinence was required of them and instead chose to enter into a faithful, committed relationship. “The House considers that lay people who have registered civil partnerships ought not to be asked to give assurances about the nature of their relationship before being admitted to baptism, confirmation and communion,” the bishops said in their 2005 statement. Bishop Diocesan Springfield, IL Rector Shreveport, LA Submit a Press Release Rector Martinsville, VA Rector and Chaplain Eugene, OR Priest Associate or Director of Adult Ministries Greenville, SC Curate Diocese of Nebraska Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Frank Bergen says: AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis January 5, 2013 at 4:41 pm It is totally political, cleverly revenge of agony of defeat in the election of women Bishop in the Church of England. It is clearly victory for will of British Parliament but not the will of God. The Bishop, leader of Church supposed to be exemplary in closeness to Christ, rather example of rebelling against biblical teaching for the freedom of bodily urge. Anglican Church started with sexual issues more than 500 years ago hopefully would not dye with more aggressive sexual issues. The Church may be tired of waiting Christ’s coming from Heaven as it happened to Israelis waiting for Moses to come from Mount Sinai and started enjoying immoral sex until Moses came and destroyed them. An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET January 22, 2013 at 1:46 pm Makes no sense to me: gay isn’t what one does in bed, it is who they are. An adjective, not a verb. A terribly medieval, pandering solution for those who obsess about what others do in their private lives. So, so sad. This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Submit an Event Listing Director of Music Morristown, NJ Featured Events Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Featured Jobs & Calls Director of Administration & Finance Atlanta, GA Comments are closed. Rector Bath, NC Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs Virtual Episcopal Latino Ministry Competency Course Online Course Aug. 9-13 Rector Knoxville, TN Youth Minister Lorton, VA Assistant/Associate Rector Washington, DC The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Same-Sex Marriage Priest-in-Charge Lebanon, OH Associate Rector for Family Ministries Anchorage, AK New Berrigan Book With Episcopal Roots Cascade Books Associate Priest for Pastoral Care New York, NY Rector Pittsburgh, PA The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group An Evening with Aliya Cycon Playing the Oud Lancaster, PA (and streaming online) July 3 @ 7 p.m. ET Canon for Family Ministry Jackson, MS Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Same-Sex Blessings, Rector Belleville, IL Rector Collierville, TN By ACNS, ENS staffPosted Jan 4, 2013 Submit a Job Listing Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Stuart Lauters says: Gay celibate clergy in England can become bishops Tags Associate Rector Columbus, GA Julian Malakar says: Anglican Communion, TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Rector Smithfield, NC Rector Albany, NY Course Director Jerusalem, Israel Human Sexuality, Assistant/Associate Priest Scottsdale, AZ Rector Tampa, FL Rector Hopkinsville, KY Comments (3) Press Release Service Cathedral Dean Boise, ID Curate (Associate & Priest-in-Charge) Traverse City, MI Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Missioner for Disaster Resilience Sacramento, CA Family Ministry Coordinator Baton Rouge, LA Assistant/Associate Rector Morristown, NJ January 4, 2013 at 6:30 pm Someday, probably not in my remaining lifetime, people will look back on decisions such as the latest concerning ‘worthiness’ for Episcopal orders and say: “Huh? What was that all about?”. Rector Washington, DC Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York last_img read more

Sapucaí-Mirim House / APBA – Arquiteto Paulo Bastos e Associados

first_img Year:  Projects 2014 Brazil CopyHouses, Houses Interiors•Sapucaí-Mirim, Brazil ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Save this picture!© Daniel Ducci+ 43Curated by Pedro Vada Share Manufacturers: Saint-Gobain, Arranjo Estofados, Deca, FAS Iluminação, Gerdau Corsa, Giroflex, MiakiTeam:Luciane Shoyama, Regina Simões, Pedro Henrique de Carvalho Rodrigues, Ana Elisa Gabos, Lúcia Cristina Rocha, Giorgia Magnani Gatti, Nelson Xavier, Lívia Darin. Paulo Duarte SimõesCoordinator:Nelson XavierStructure And Foundations:Escritório Técnico Feitosa e Cruz (concrete and wood, original executive project); Segecon (concrete, steel and wood, 2003 revision)Electrical:CKFHydraulics:CKF e Básico MontagemCity:Sapucaí-MirimCountry:BrazilMore SpecsLess SpecsSave this picture!© Daniel DucciRecommended ProductsWoodAccoyaAccoya® Cladding, Siding & FacadesDoorsC.R. LaurenceCRL-U.S. Aluminum Entice Series Entrance SystemWoodParklex International S.L.Wood cladding – FacadeGlassLibartLeanTo Retractable StructuresText description provided by the architects. Designed in the early 1980s, this country house was completed in 2014, two years after the death of its author, Architect Paulo Bastos, in 2012. Built in Sapucaí-Mirim, a city located by Serra da Mantiqueira, a mountain range that separates the states of São Paulo and Minas Gerais, the residence was inserted in a natural glade into the woods. The location was carefully chosen by the author, in absolute respect and harmony with the existing vegetation, abundant in Araucárias, large trees indigenous of this mountainous region.Save this picture!© Daniel DucciSave this picture!SketchSave this picture!© Daniel DucciThe request of the owner (a former student of Bastos who ended up pursuing another professional path) was simple: a four-bedroom vacation home with an indoor pool. The architect organized the program in three ground blocks, which were connected by sometimes inside/outside circulations, in a conception that spreads the constructions throughout the terrain, trying to take advantage, in the best possible way, of the exuberant landscape of the surroundings.Save this picture!© Daniel DucciSave this picture!Floor PlanSave this picture!© Daniel DucciIn the entry way of the residence there is a rectilinear pavilion, which shelters guest rooms, a workshop and a garage, in addition to a home theater (that occupies a place originally designed for games room). Two circulations connect this pavilion with the social and convivial block, where the dining room and living room are spread freely and in full visual contact with the surrounding nature, thanks to the glass closures present in most of its perimeter. Save this picture!© Daniel DucciOn a lower level of the dining/living room area, taking advantage of the sloping terrain, is the indoor heated swimming pool, which is bathed by natural light through the sheds of its roof. Having a volume of its own, the swimming pool pavilion is associated with the social block, even though it effectively represents an extension of it. Finally, seeking to provide greater comfort and privacy, the group of dormitories (three suites) is located in a separate volume, connected to the social block through a closed but transparent glass circulation.Save this picture!© Daniel DucciSave this picture!Section BSave this picture!© Daniel DucciLooking to explore as much as possible the very expression of the (few) materials used, the architect chose clay bricks (that appear throughout the residence); wooden pillars made of Aroeira, (a native Brazil tree that was used in their natural trunk shape), metallic/concrete beams and concrete slabs compound the structure of the residence. Floors, except inside the dormitories, were executed in burnt cement, with joints positioned according to a specific design.Save this picture!© Daniel DucciAfter the passing of Architect Paulo Bastos, the company is now lead by his partners, Architects Nelson Xavier (FAU-USP, 1984) and Luciane Shoyama (FAU-UNESP, 1995), who maintained the company’s corporate name and have sought to preserve the memory and work of its founder, a reference in Brazilian Modernist Architecture.Save this picture!© Daniel DucciProject gallerySee allShow lessThis Company Is Using Prefabrication to Rapidly Deliver Huge Numbers of Buildings in…ArticlesThe Often Forgotten Work of Denise Scott BrownArticles Share Sapucaí-Mirim House / APBA – Arquiteto Paulo Bastos e AssociadosSave this projectSaveSapucaí-Mirim House / APBA – Arquiteto Paulo Bastos e Associados Houses CopyAbout this officeAPBA – Arquiteto Paulo Bastos e AssociadosOfficeFollowProductsConcreteBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesInterior DesignResidential InteriorsHouse InteriorsSapucaí-MirimBrazilPublished on June 05, 2018Cite: “Sapucaí-Mirim House / APBA – Arquiteto Paulo Bastos e Associados” [Residência Sapucaí-Mirim / APBA – Arquiteto Paulo Bastos e Associados] 05 Jun 2018. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogAluminium CompositesTechnowoodWood Siding in KSR Villa BodrumRailing / BalustradesMitrexIntegrated Photovoltaic Railing – BIPV RailingMetal PanelsAurubisCopper Surface: Nordic DécorWindowsAir-LuxSliding Window – CorneringWoodBruagRoom Acoustics – Interior Cladding PanelsSinksBradley Corporation USASinks – Frequency® FL-SeriesMetal PanelsTrimoInternal Walls – Trimoterm, Qbiss OneGlassSolarluxWintergarden – SDL Akzent plusSystems / Prefabricated PanelsInvestwoodCement Bonded Particle Board – VirocPaintKEIMMineral Paint in Hunters Point LibraryCabinetsburgbadMid-Height Cabinet – EssentoSignage / Display SystemsGlasbau HahnMuseum Display CasesMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamcenter_img ShareFacebookTwitterPinterestWhatsappMailOr Clipboard ArchDaily “COPY” Photographs:  Daniel Ducci Manufacturers Brands with products used in this architecture project Photographs Area:  1155 m² Year Completion year of this architecture project Sapucaí-Mirim House / APBA – Arquiteto Paulo Bastos e Associados “COPY” Architects: APBA – Arquiteto Paulo Bastos e Associados Area Area of this architecture projectlast_img read more

Israel now holding 13 Palestinian journalists

first_imgThe only Palestinian woman journalist currently detained, Bushra Al-Taweel, has been held since 8 November 2020, when she arrested on the road from Ramallah to Nablus. Although no charge has been brought against her, her administrative detention was extended for another four months on 7 March. She was previously held without any charge for a total of 230 days, from December 2019 to July 2020. May 28, 2021 Israel now holding 13 Palestinian journalists June 11, 2021 Find out more Help by sharing this information June 8, 2021 Find out more Israel is ranked 86th out of 180 countries in RSF’s 2021 World Press Freedom Index. According to RSF’s tally, the Israeli authorities are currently holding a total of at least 13 Palestinian journalists. They include Alaa Al-Rimawi, Al Jazeera’s correspondent in the West Bank city of Ramallah and head of the online news agency J-Media, who has been held since 22 April without any official charge being brought against him. A court initially ordered three months of administrative detention for Rimawi but reduced it to 45 days after he went on hunger strike for 16 days. Two Palestinian journalists were arrested by Israeli security forces in Jerusalem yesterday and were placed in administrative detention today, bringing the total now held administratively by the Israelis to 13. Reporters Without Borders (RSF) condemns Israel’s misuse of administrative detention to hound Palestinian reporters. RSF joins Middle East and North Africa coalition to combat digital surveillance IsraelPalestineMiddle East – North Africa Condemning abusesProtecting journalists Freedom of expression Iran: Press freedom violations recounted in real time January 2020 Follow the news on Middle East – North Africa IsraelPalestineMiddle East – North Africa Condemning abusesProtecting journalists Freedom of expression Ahmad Azaizeh, a blogger who freelances for various outlets including, a local news site, was arrested at his home in Nazareth, in northern Israel, on 12 May after covering clashes between Palestinian citizens and Israeli security forces in Jerusalem, and was placed in administrative detention for “inciting hatred.” A subsequent order was issued extending his detention until 17 May, but he was not released when that order expired. News Organisation Receive email alerts to go further News Iran is stepping up pressure on journalists, including foreign journalists, in run-up to election A week ago, on 21 May, an Israeli judge ordered an 11-day extension to the administrative detention of another Palestinian journalist, Alghad TV cameraman Hazem Nasser, who was arrested at an Israeli checkpoint at the entrance to the West Bank town of Tlkarm on 12 May as he was returning from Nablus, 40 km to the south, where he had been filming clashes between Israeli soldiers and Palestinian residents. His family told RSF they don’t know what he is charged with. News June 9, 2021 Find out more A video showing yesterday’s arrest of the two Alkofiya TV journalists has angered local organisations. It shows police leading reporter Zaina Halawani and cameraman Wahbi Mikeh out of the East Jerusalem district of Sheikh Jarrah where they were covering tension among residents about the threat of evictions. Today a court ordered them detained administratively for five days. “The repeated recourse to administrative detention exempts the Israeli authorities from having to bring charges and allows them to prolong detention indefinitely, which is unacceptable,” said Sabrina Bennoui, the head of RSF’s Middle East desk. “Palestinian journalists are just doing their job and should not, under any circumstances, be presumed to be guilty.” News RSF_en last_img read more

Two wanted on evading charges, shooting investigation continues

first_img Facebook Pinterest WhatsApp Pinterest Cameron Griffin, left; Kendra Griffin Twitter By admin – May 15, 2018 Twitter Previous articleDAILY OIL PRICE: May 15Next articleWest Odessa fire burns down building admin RELATED ARTICLESMORE FROM AUTHOR Odessa police have obtained warrants for the arrest of two women as part of an ongoing shooting investigation and are seeking information on the whereabouts of those wanted.Cameron Renee Griffin, 20, is wanted on a charge of third-degree-felony tampering with felony evidence and third-degree-felony evading arrest or detention with a vehicle. Kendra Lynn Griffin, 23, is wanted on charges of misdemeanor evading arrest or detention and violation of promise to appear.Odessa police news releases stated the two were originally listed as persons of interest in connection to a shooting investigation May 11 in the parking lot of Kent Kwik on Andrews Highway. The two were later questioned and police said Monday they were no longer sought for questioning, before a Tuesday release stated Odessa police obtained warrants for them based on facts and circumstances presented during the investigation.As of Tuesday, no one had been charged in connection to the shooting. Odessa police described the shooting suspect as a black man in his 20’s, about 6-feet tall and weighing about 150 pounds.At about 4 p.m. May 11, Odessa police responded to Odessa Regional Medical Center on a call about a gunshot victim, finding that Praxedes Salinas III, 24, was shot in the head by an unknown subject, releases stated.Salinas was treated at ORMC and later taken to Medical Center Hospital, where he was treated and released, a hospital official said.The investigation is ongoing.Anyone with information on the identity of the shooting suspect or the whereabouts of Cameron Griffin and Kendra Griffin is encouraged to contact the Odessa Police Department or Odessa Crime Stoppers at 432-333-TIPS.center_img Facebook Upside Down Blueberry Pie CheesecakeSmoked Bacon Wrapped French Vidalia OnionSlap Your Mama It’s So Delicious Southern Squash CasserolePowered By 10 Sec Mama’s Deviled Eggs NextStay Home Local News Crime Two wanted on evading charges, shooting investigation continues Local NewsCrime Two wanted on evading charges, shooting investigation continues Police searching for man connected to hit and run WhatsApp Police searching for woman connected to husband’s death Youngsters urged to be safe over graduation weekends last_img read more

Thunderbird Entertainment Group Reports on Second Quarter Fiscal Year 2021 Results

first_img 0.002 For the six monthsended $ Dec 31,2019 404 296 67 (19) (3) Dec 31,2019 Shareholders’ equity Total assets 27,357 47,740 $ Revenue $ 2,056 Twitter Adjusted EBITDA 28,154 165,337 (0.012) $ Results of Operations Loss on disposal of property and equipment 736 26,422 For the six monthsended 472 Foreign currency translation adjustment Dec 31,2020 2,996 Dec 31,2020 – ($000’s) $ $ 44,744 27,950 Diluted income (loss) per share – discontinued operation 166 (696) 279 284 4,847 Severance costs 18 (306) Board Transition The Company also announced that Director and Founder Tim Gamble has made the decision, with the exceptional executive team now in place and the continued strong financial results, it is an appropriate time for him to step down from the Board to pursue other business interests. “On behalf of Thunderbird and our Board of Directors, I want to thank Tim Gamble for his visionary leadership throughout the years. Tim always encouraged the entire leadership team to think big, operate with integrity, and to inspire with content that can positively impact our world. We proudly take this vision forward on Thunderbird’s continued journey,” said Twiner McCarron. Conference Call Webcast on February 25, 2021 at 11 a.m. PT/ 2 p.m. ET Thunderbird will hold a conference call and webcast to share the Company’s Q2 financial results on February 25, 2021 at 11 a.m. PT/ 2 p.m. ET. The conference call will be webcast live and available for replay via the “Investors” section of the Thunderbird website. Conference Call and Webcast Access: Toll-free dial-in number: (833) 900-1530 International dial-in number: (236) 712-2271 Conference ID: 2556969 Webcast: Participants joining by phone are requested to call the conference line ten minutes early to avoid wait times while connecting to the call. The conference call will be webcast live and available for replay via the “Investors” section of the Thunderbird website. Investors can access a replay of the teleconference at: (+1) 416-621-4642 or toll-free at (+1) 800-585-8367 three hours after the call’s completion. The Conference ID # is 2556969. The teleconference replay will be available through March 11, 2021. For information on Thunderbird and to subscribe to the Company’s investor list for news updates, go to ABOUT THUNDERBIRD ENTERTAINMENT GROUP Thunderbird Entertainment Group is a global award-winning, full-service multiplatform production, distribution and rights management company, headquartered in Vancouver, with additional offices in Los Angeles, Toronto, and Ottawa. Thunderbird creates award-winning scripted, unscripted, and animated programming for the world’s leading digital platforms, as well as Canadian and international broadcasters. Thunderbird’s vision is to produce high quality, socially responsible content that makes the world a better place. The Company develops, produces, and distributes animated, factual, and scripted content through its various divisions, including Thunderbird Kids and Family (Atomic Cartoons), Thunderbird Factual and Scripted (Great Pacific Media). The Company also has a division dedicated to global distribution and consumer products. Thunderbird is on Facebook, Twitter, and Instagram at @tbirdent. For more information, visit: On Behalf of Thunderbird Entertainment Group Inc. Jennifer Twiner McCarron Chief Executive Officer Neither the TSX-V nor its Regulation Services Provider (as that term is defined in the policies of the TSX-V) accepts responsibility of the adequacy or accuracy of this release, which has been prepared by management. Cautionary Statement Regarding Forward-Looking Information This news release includes certain “forward-looking statements” under applicable Canadian securities legislation that are not historical facts. Forward-looking statements involve risks, uncertainties, and other factors that could cause actual results, performance, prospects, and opportunities to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements in this news release include, but are not limited to, statements with respect to the Company’s objectives, goals or future plans and the business and operations of the Company. Forward-looking statements are necessarily based on a number of estimates and assumptions that, while considered reasonable, are subject to known and unknown risks, uncertainties and other factors which may cause actual results and future events to differ materially from those expressed or implied by such forward-looking statements. Such factors include, but are not limited to: general business, economic and social uncertainties; litigation, legislative, environmental and other judicial, regulatory, political and competitive developments; those additional risks set out in the Company’s Filing Statement and other public documents filed on SEDAR at NON-IFRS MEASURES In addition to the results reported in accordance with IFRS, the Company uses various non-IFRS financial measures which are not recognized under IFRS, as supplemental indicators of our operating performance and financial position. These non-IFRS financial measures are provided to enhance the user’s understanding of our historical and current financial performance and our prospects for the future. Management believes that these measures provide useful information in that they exclude amounts that are not indicative of our core operating results and ongoing operations and provide a more consistent basis for comparison between periods. The following discussion explains the Company’s use of EBITDA, Adjusted EBITDA, and Free Cash Flow as measures of performance. “EBITDA” is calculated based on earnings before interest, income taxes, depreciation and amortization. “Adjusted EBITDA” is calculated based on EBITDA, asset impairment charges, accretion, share-based compensation, share of loss of associates, unrealized foreign exchange gain/loss and items of an unusual or one-time nature that do not reflect our ongoing operations. EBITDA and Adjusted EBITDA are commonly reported and widely used by investors and lenders as an indicator of a company’s operating performance and ability to incur and service debt, and as a valuation metric. EBITDA and Adjusted EBITDA are not earnings measures recognized by IFRS and therefore do not have a standardized meaning prescribed by IFRS. Therefore, EBITDA and Adjusted EBITDA may not be comparable to similar measures presented by other issuers. “Free Cash Flow” (“FCF”) is calculated based on cash flows from operations, purchase of property and equipment and net interim production financing. FCF represents the cash a company generates after accounting for cash outflows to support operations and maintain its capital assets. View source version on CONTACT: Investor Relations: Glen Akselrod, Bristol Capital Phone: + 1 905.326.1888 ext 1 Email:[email protected] Media Relations: Julia Smith, Finch Media Phone: +1604.803.0897 Email:[email protected] KEYWORD: NORTH AMERICA CANADA INDUSTRY KEYWORD: OTHER ENTERTAINMENT TV AND RADIO GENERAL ENTERTAINMENT ENTERTAINMENT SOURCE: Thunderbird Entertainment Group Inc. Copyright Business Wire 2021. PUB: 02/24/2021 05:27 PM/DISC: 02/24/2021 05:27 PM 13 18 TAGS  58 (423) WhatsApp 16 Amortization 0.002 155,177 (716) 58 59,302 June 30,2020 For the three monthsended 223 (22) (1) (482) (18) 466 (347) 7 ($000’s, except per share data) 1,588 ($000’s) December 31,2020 (1,832) 36 0.032 2,996 (559) (417) Other 2,418 5,654 Expenses Property and equipment $ (702) 0.061 6,506 Facebook 97 377 $ 113 (726) Net income (loss) from continuing operations 736 343 Finance costs – 1,750 WhatsApp 8,877 – 496 135 531 3,319 Dividends on preferred shares (306) Net income (loss) for the period VANCOUVER, British Columbia–(BUSINESS WIRE)–Feb 24, 2021– Thunderbird Entertainment Group Inc. ( TSXV: TBRD, OTCQX: THBRF ) ( Thunderbird or the Company ), today announced its financial results for the second quarter ended December 31, 2020 (“Fiscal 2021”), and provided a corporate update. Financial HighlightsThe Company recognized revenue of $28.0 million and $47.7 million in the three and six months ended December 31, 2020, increases of 98% ($13.9 million) and 56% ($17.1 million) over the comparative periods.Adjusted EBITDA was $5.2 million and $10.0 million for the three and six months ended December 31, 2020 compared to $2.0 million and $5.7 million for the comparative periods in fiscal 2020, increases of $3.2 million and $4.3 million, respectively. These increases are primarily due to growth in the Kids and Family Division.Production services revenue for the three and six months ended December 31, 2020 increased by 63% ($7.4 million) and 53% ($11.7 million) over the comparative periods, due to an increase in the number and size of contracts. This revenue consists primarily of animation production services, which experienced continued growth.Licensing and distribution revenues increased by 272% ($6.4 million) and 63% ($5.3 million) for the three and six months ended December 31, 2020 over the comparative periods, due mainly to the timing of delivery of the animated series The Last Kids on Earth. In the current quarter, the Company recognized revenue from 10 episodes of TheLast Kids on Earth and six episodes of the factual series Highway Thru Hell. In the comparative quarter, revenue was recognized from seven episodes of Highway Thru Hell.Free cash flow was $4.4 million and $5.6 million for the three and six months ended December 31, 2020 as compared to ($3.8) million and $0.2 million for the comparative periods, increases of $8.2 million and $5.4 million, respectively. “As we continue to grow Thunderbird into a major global studio, Q2 results further demonstrate that our long-term strategy and initiatives are paying off, with significant increases in revenue and Adjusted EBITDA, year-over-year,” said Jennifer Twiner McCarron, President and CEO of Thunderbird. “In Q2, we were in production on 21 properties – including a growing percentage of owned-IP projects that offer higher economic value and for which we fully control the rights. This, in conjunction with our new consumer products division, allows us to fully leverage the world class brands being created at Thunderbird.” Thunderbird’s Q2 2021 Corporate HighlightsDuring the second quarter, Thunderbird had 21 programs in various stages of production. The Company’s work airs on Netflix, Peacock, Nickelodeon, AppleTV+, Hulu, PBS, Bell Media’s Discovery, Disney+, Corus Entertainment and the CBC, among others. Ten of the projects in production are Company IP or partner-managed.The Factual and Scripted Division, Great Pacific Media (GPM), was in production on four series and one documentary special: Highway Thru Hell (Seasons 9 and 10), Heavy Rescue: 401 (Seasons 5 and 6), $ave My Reno (Season 4), Mud Mountain Haulers (Season 1) and The Teenager and the Lost Mayan City (Documentary for CBC). Kim’s Convenience was in production on Season 5.The Kids and Family Division, Atomic Cartoons, was in various stages of production on 13 animated series, and two feature length animated productions, 15 productions in total. Productions include co-producing Mighty Express with Spin Master for Netflix , LEGO Star Wars Holiday Special for Disney+, Molly of Denali for GBH/ PBS KIDS and Trolls: TrollsTopia in partnership with Dreamworks for streaming on Hulu and Peacock. A Curious George production is also in production for Peacock.Also, during the quarter, spring 2021 timing was announced for The Last Kids on Earthand the Staff of Doom video game, which is a key component of the owned-IP The Last Kids on Earth franchise.Subsequent to Q2, the Company launched a Global Distribution and Consumer Products Division, bringing on industry veteran Richard Goldsmith to lead as President of Global Distribution and Consumer Products.Additionally, subsequent to the quarter, Thunderbird premiered several productions including owned-IP Kim’s Convenience (Season 5), Heavy Rescue: 401 (Season 5), and Mud Mountain Haulers (Season 1). The season premiere of $ave My Reno (Season 4) has been announced for March 16, 2021. The animated series Hello Ninja (Season 4), and Mighty Express (Season 2) also premiered.Subsequent to the quarter, Thunderbird was named to the 2021 TSX Venture 50, a ranking of top performing companies traded on the TSX Venture. Financial Position Income tax expense 1,492 1,086 Gain on disposal of right-of-use asset 29,601 (62) Income (loss) from discontinued operation 3,012 0.000 (679) $ (420) EBITDA 1,528 Basic income (loss) per share – continuing operations 721 (4,127) 791 2,622 0.000 Deferred income tax recovery 2,928 4,124 For the three monthsended $ Pinterest 407 (4,109) Gain (loss) on translation of discontinued operation 36 3,537 421 Intangible assets $ Twitter 56 283 9,954 $ 14,093 Comprehensive net income (loss) for the period Facebook 1,614 $ 9,502 5,158 62 0.022 (Repayment) proceeds of interim production financing Net income (loss) from continuing operations Interest – 231 (7,060) (0.009) 334 53,661 Right-of-use asset (266) (266) 1,625 1,811 14,399 (0.009) 67 Dec 31,2020 1,528 Dec 31,2020 By Digital AIM Web Support – April 6, 2021 2,034 (568) Diluted income (loss) per share – continuing operations Previous articleNickelodeon Establishes Avatar Studios, Brand-New Content Division Devoted to Expanding the World of Avatar: The Last Airbender and The Legend of KorraNext articleJews split over storied charity’s support for settlements Digital AIM Web Support Dec 31,2019 619 – 0.064 0.021 452 11 1,436 (0.012) Pinterest 1,034 (0.007) 5,181 Thunderbird Entertainment Group Reports on Second Quarter Fiscal Year 2021 Results 10,391 1,034 Local NewsBusiness EBITDA, Adjusted EBITDA and Free Cash Flow Share-based compensation 30,635 (615) (32) $ (0.007) (3,770) Total non-current liabilities – Basic income (loss) per share – discontinued operation 4,421 2,913 5,649 Purchase of property and equipment Dec 31,2019 314 Free Cash Flow Cash inflows (outflows) from continuing operations 0.030 135 Unrealized foreign exchange (gain) losslast_img read more

Harkin opposes Canada trade deal in its current form

first_img WhatsApp Harkin opposes Canada trade deal in its current form Google+ Pinterest 365 additional cases of Covid-19 in Republic Pinterest WhatsApp RELATED ARTICLESMORE FROM AUTHOR Further drop in people receiving PUP in Donegal By admin – October 25, 2016 Facebook Facebook Previous articleLYIT beat Cavan in Senior Football LeagueNext articleEunan’s off to winning start in MacLaron Cup admin Audio Player Up/Down Arrow keys to increase or decrease volume. Twitter Midlands North West MEP Marian Harkin says she would not vote for the current EU-Canada trade.The CETA deal was to have been signed this week, but has been delayed because the Walloon Regional Parliament in Belgium has is blocking the Belgian prime minister from signing.Marian Harkin says she is opposed to an element within the current deal that centres on an investor court system mechanism to settle disputes between states and foreign investors. Critics say it could be used by multinationals to dictate public policies.Marian Harkin says that mechanism has to be removed from the CETA deal for it to be acceptable…….. Man arrested on suspicion of drugs and criminal property offences in Derry 75 positive cases of Covid confirmed in North Twitter Main Evening News, Sport and Obituaries Tuesday May 25th Gardai continue to investigate Kilmacrennan fire Google+ Homepage BannerNewslast_img read more

[Live-Updates from Supreme Court] Prashant Bhushan’s Plea For Quashing FIR Against Him

first_imgTop Stories[Live-Updates from Supreme Court] Prashant Bhushan’s Plea For Quashing FIR Against Him LIVELAW NEWS NETWORK30 April 2020 11:46 PMShare This – xAdvocate Prashant Bhushan has filed a writ petition in the Supreme Court seeking to quash the FIR registered against him by Gujarat police alleging hurting of religious sentiments.A Bench of Justices Ashok Bhushan and Sanjiv Khanna begins hearing.Senior Advocate Dushyant Dave is making…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginAdvocate Prashant Bhushan has filed a writ petition in the Supreme Court seeking to quash the FIR registered against him by Gujarat police alleging hurting of religious sentiments.A Bench of Justices Ashok Bhushan and Sanjiv Khanna begins hearing.Senior Advocate Dushyant Dave is making submissions.Live Updates 1 May 2020 12:00 AMFIR was registered against him in Gujarat’s Rajkot by a retired Army personnel Jaydev Joshi for “hurting Hindu religious sentiments” by using objectionable language against #Ramayana and #Mahabharata being shown on DD.30 April 2020 11:47 PM”Let notice be issued. No coercive action to be taken till next date of hearing” – Bench30 April 2020 11:47 PMJustice Bhushan to Senior Advocate Dushyant Dave: “Mr Dave, anybody can watch anything on TV. How can you say people cannot watch this and that ?” Dave: “No we are not on people watching something on TV. But we are on FIR”>Load MoreNext Storylast_img read more

Mere Presence Of A CPI (M) Party Member Along With The Members Of BJP Cannot Be Viewed To Hold That He Has Joined BJP: Kerala HC [Read Order]

first_imgNews UpdatesMere Presence Of A CPI (M) Party Member Along With The Members Of BJP Cannot Be Viewed To Hold That He Has Joined BJP: Kerala HC [Read Order] Sparsh Upadhyay2 Oct 2020 7:05 AMShare This – xThe Kerala High Court on Wednesday (30th September) observed that mere presence of a CPI(M) party member along with the members of BJP cannot be viewed to hold that the member of CPI(M) has joined BJP.The Bench of Justice Muhamed Mustaque further stated that the aforesaid observation has to be taken into account in the background that CPI(M) has not chosen to expel the second respondent…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Kerala High Court on Wednesday (30th September) observed that mere presence of a CPI(M) party member along with the members of BJP cannot be viewed to hold that the member of CPI(M) has joined BJP.The Bench of Justice Muhamed Mustaque further stated that the aforesaid observation has to be taken into account in the background that CPI(M) has not chosen to expel the second respondent for anti-party activities by joining with rival political parties.BackgroundA Writ Petition was filed challenging an order of the Kerala State Election Commission dismissing the petition filed by the petitioner under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short, the ‘Defection Act’) to declare that the second respondent disqualified to continue as a member of the Ambalappara Grama Panchayat.Notably, a petition was filed before the Election Commission on the ground that the second respondent, who was elected as a member of the Ambalappara Grama Panchayat on the symbol of Communist Party of India (Marxist) [CPI(M)] has voluntarily given up his membership by joining BJP, another political party.The case was relatable to first part of Section 3(1)(a) of the Defection Act. It may be noted that there are two parts related to the grounds of disqualification [as per Section 3(1)(a) of the Defection Act].Firstly, a member of the local authority belonging to a political party voluntarily gives up his membership; secondly, he acts against the whip of a political party.Further, the disqualification can be based on satisfying any one of the part or both. In the present case, the case was projected on the first part of the ground of disqualification under Section 3(1)(a) of the Defection Act i.e, the member of the local authority belonging to a political party [CPI (M)] has voluntarily given up his membership.Facts of the CaseThe petitioner is an elected member of the Grama Panchayat belonged to Communist party of CPI(M), alleged that the second respondent announced his decision to join BJP in a press conference held on 21.3.2018.The second respondent denied attending any press conference announcing his decision to join BJP.The petitioner also produced materials before the Election Commission to substantiate his contentions. The petitioner also relied on oral evidence. The second respondent denied the allegation of defection and joining BJP.The Election Commission on analysing the materials was of the view that there was no convincing and satisfactory evidence to show that the second respondent has given up his membership from CPI(M).Apart from the newspaper reports, nothing was available before the Election Commission to hold that such a declaration was made by the second respondent in the Press Conference.Election Commission’s Analysis and DecisionThe Election Commission adverted to photo posters and observed that some of those do not connect with the second respondent. In some of the photos, it was found that the second respondent was sitting with BJP leaders. Perhaps the only evidence to connect the second respondent with BJP was the photos taken along with BJP leaders.He was also seen participating in the program of Hindu Aikkiya Vedi. Some of the photos were taken from Facebook.The oral evidence was given by CPI (M) office bearers and members indicated that the second respondent remained absent from attending the meeting of the CPI(M) Committee.The Election Commission observed that CPI(M) has not chosen to expel the second respondent from the party.On an appreciation of the evidence, the Election Commission was of the view that there was nothing on record to show that the second respondent has joined BJP. Court’s AnalysisThe Court was of the view that invoking its power under Article 226 of the Constitution, it cannot upset the finding of fact of Election Commission, unless such finding of fact is perverse or irrational based on the materials before the authority which is competent take primary decision.The Court further said,”There is nothing on record to show that the second respondent at any point of time supported BJP, at least to infer that he has given up membership of CPI(M). Apart from pointing out the presence of the second respondent with BJP members or Hindu Aikkiya Vedi there is nothing on record to show that the act of the second respondent would amount to giving up membership with CPI(M).” (emphasis supplied)The Court further opined,”Absence of the second respondent in the party meeting of CPI(M) at the best would attract disciplinary proceedings against him, but cannot lead to hold that he has joined BJP. As rightly noted by the Election Commission, CPI(M) has not chosen to take any action against the second respondent.” (emphasis supplied)The Court did not find that the Election Commission had been misdirected on arriving at such a conclusion based on the materials available before the Commission. Therefore, the writ petition was dismissedClick Here To Download Order[Read Order] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Vagrancy Laws are Reflection Of An Outdated And Largely Colonial Perception: African Rights Court

first_imgForeign/InternationalVagrancy Laws are Reflection Of An Outdated And Largely Colonial Perception: African Rights Court Nupur Thapliyal19 Dec 2020 4:41 AMShare This – xThe African Court on Human and Peoples’ Rights in an advisory opinion dated 4th December 2020 declared the national vagrancy laws criminalizing the homeless, poor, unemployed person having no means of subsistence to be incompatible with the provisions of African Children’s Rights Charter and the Women’s Rights Protocol. The Court comprising of 12 Members (9 judges, President, Vice…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe African Court on Human and Peoples’ Rights in an advisory opinion dated 4th December 2020 declared the national vagrancy laws criminalizing the homeless, poor, unemployed person having no means of subsistence to be incompatible with the provisions of African Children’s Rights Charter and the Women’s Rights Protocol. The Court comprising of 12 Members (9 judges, President, Vice President and Registrar) in a unanimous verdict deliberated on the compatibility of vagrancy laws with the right to equality, non discrimination, Right to Privacy, Right to dignity, liberty and free trial along with special focus on best interests of children and women. The Advisory Opinion was requested by Pan African Lawyers Union (PALU) represented by Mr. Donald Deya invoking the special jurisdiction of the Court under Article 4(1) of Protocol to African Charter on Human and Peoples’ Rights and Rule 82(1) of Rules of Court, 2010 which provides that the Court may provide an opinion on any legal matter related to the Charter which is not previously examined at the request of a member State of AU or any of its organs. PALU’s arguments in issue focused on three broad points: First, on amending or repealing vagrancy laws retained by African Union Member States; Second, criminalizing status of an individual for being poor, homeless or unemployed as being in violation of African Charter and other human rights instruments and Third, Arresting and detaining an individual without any proof of criminal act and permitting police authorities to arrest without warrant on mere suspicion. Prayer by Pan African Lawyers Union (PALU): PALU approached the Court seeking opinion on the following legal matters: Whether vagrancy laws which criminalize the status of a person as being without a fixed home, employment or means of subsistence; as having no fixed abode nor means of subsistence, and trade or profession; as being a suspected person or reputed thief and cannot give good account of him or herself violate Right to non discrimination, equality, liberty and dignity under the African Charter on Human and Peoples’ Rights?Whether these laws which summarily orders the deportation of such people to another area violate Right to Freedom of Movement and Right to Protection of family under the African Charter on Human and Peoples’ Rights and Right of Child to enjoy freedoms, Right to special treatment if found guilty under the African Charter on the Rights and Welfare of the Child?Whether these laws allowing arrest of such persons without warrant violate principles enshrined under these Charters? Whether State parties have a positive obligation to repeal or amend these laws by conforming to the rights and principles enshrined in these Charters? Arguments of Pan African Lawyers Union (PALU): PALU argued that the vagrancy laws provide an unjust justification to the polie authorities, which otherwise is not available to them, to arrest, search, question or detain somebody merely on a suspicion that they might have committed a crime. According to PALU “This is used by police to clear the streets of ‘undesirables’, to harass persons believed to be engaged in crime, and to investigate unclear offences.” It further argues that the vagrancy laws are retained by a majority of Member States of AU despite lack of evidence which ultimately defeats the legitimate purpose of crime prevention. PALU submitted that while people are harassed for no reason, these laws are also responsible for large number of detentions being done by the police. According to PALU, “The common practice by the police, across Africa, is to mount sweeping operations under vagrancy laws resulting in mass arrests and guilty pleas which exacerbates the living conditions of detainees by overcrowding detention facilities.” Another significant argument made by PALU rests on the issue of non clarity of implementation procedures under vagrancy laws and that such procedures must be clear and accessible for all, especially the poor victims having no source or means of accessibility. It further submitted that the ambiguity in which vagrancy laws give broad discretion to the law enforcement officers resulting in arbitrary and discriminatory enforcement by police only adds to the social stigma which disproportionately targets poor and marginalized populations. Observations of the Court: The Court in its advisory opinion provided a jurisprudential scope to the vagrancy laws by initially defining who is a vagrant. The court opined that a vagrant is “anyone who, not having a settled habitation, strolls from place to place; a homeless, idle wanderer. Vagrancy, generally, is the state or condition of wandering from place to place without a home, job or means of support. Vagrancy is thus considered a course of conduct or a manner of living, rather than a single act. The term “vagrancy” is generic. It refers to misconduct brought about by a perceived socially harmful condition or mode of life. The misconduct itself takes many forms.” The Court stressed on the fact that though many countries have previously had vagrancy laws in place but their application has been very generic as the countries generally put all kinds of poor, rogue and vagabond people grouped into the same umbrella without categorizing them on any basis. The Court observed that while 18 AU countries criminalize vagrancy, another 8 penalize a person for being a “rogue” or “vagabond,” and it is a criminal offense in 3 States to be idle and disorderly. The Court observed that using such terms “is a reflection of an outdated and largely colonial perception of individuals without any rights and their use dehumanizes and degrades individuals with a perceived lower status.” The Court went ahead to discuss every possible aspect dealing with the theoretical, legal as well as sociological considerations involved in vagrancy laws. On Purpose of Enacting Vagrancy Laws: The Court observed that there are three broad reasons why vagrancy laws were enacted. First, to criminalize begins and curtail movements of such people thereby ensuring cheap labour; Second, to reduce costs incurred by local municipalities and Third, to prevent property crimes by creating broad crimes providing wide discretion to law enforcement officials. On The Right to Non Discrimination, Equality and Dignity: The Court observed that the criminalization of vagrancy laws punish the poor and underprivileged, including the homeless, disabled, gender-nonconforming, sex workers, hawkers, street vendors, and individuals who otherwise use public spaces to earn a living. It also noted that the arrest of persons classified as vagrants, clearly, is largely unnecessary in achieving the purpose of preventing crimes or keeping people off the streets. According to the Court, such laws enable discriminatory treatment of underprivileged and therefore, deprive an individual of the right to equality. “Laws with discriminatory effects towards the marginalized sections of society are not compatible with the African Charter.” Court observed.On Right to Liberty and Fair Trial: The Court observed that the manner in which the vagrancy laws are implemented poses a great danger due to their ambiguous nature. One such challenge is the arbitrary arrest and detention mechanism which are incompatible with arrestee’s rights. It was held that “Arresting individuals under vagrancy laws and soliciting statements from them about their possible criminal culpability, is at variance with the presumption of innocence and is not compatible with Article 7 of the Charter.” On the Compatibility with Child Rights: The Court reaffirmed that children who are in conflict with vagrancy laws belong to vulnerable groups and their forcible removal from streets may result in loss of their means of livelihood. Therefore, arrest, detention and forced removal of children from their area of residence is incompatible with their right to non discrimination and Article 4(1) of Children’s Rights Charter which restates the general principle of the best interests of the child. It was also observed that “Any judicial system, therefore, must accord children in conflict with the law a treatment that is consistent with their sense of dignity and worth. This includes, among other things, treating children in a manner that accords with their age and promotes their reintegration into society.”On the Compatibility with Women Rights: The Court took special note of the fact that many poor and marginalized women across Africa rely on those activities as a means of living which are criminalized by vagrancy laws. Therefore, these laws undermine the provisions of Women’s Protocol by permitting the arrest without a warrant of women where they are deemed to have no means of subsistence and cannot give a satisfactory account of themselves. Turning on the issue of States’ obligation in dealing with national vagrancy laws, the Court observed that States have the obligation to amend or repeal all vagrancy laws or any other bye laws or regulations which are not in conformity of the African Charters and other human rights instruments. Therefore, the Court placed a position obligation on the Member States in amending or repealing these laws within reasonable time by taking reasonable steps to bring them in conformity with the principles enshrined in the Charters.Click Here To Download Opinion[Read Opinion]Next Storylast_img read more

Periodic Audit Of Performance Of Individual Judges & Judiciary Needed To Maintain Standards : Justice Chelameswar

first_imgColumnsPeriodic Audit Of Performance Of Individual Judges & Judiciary Needed To Maintain Standards : Justice Chelameswar Justice(Retired) J Chelameswar9 Jan 2021 7:25 AMShare This – xAccountability & Transparency in Judicial Appointments: Need for Institutional Mechanisms[This lecture was delivered on 4th January 2021 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. (Abstract: Justice J. Chelameswar speaks about judicial accountability and transparency in judicial appointments as critical to the survival of a…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login[This lecture was delivered on 4th January 2021 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, his work and its futures]. (Abstract: Justice J. Chelameswar speaks about judicial accountability and transparency in judicial appointments as critical to the survival of a healthy democracy. In this lecture he underscores the need to maintain the standards and efficiency and quality, a periodic audit, not only of the performance of the individual judges but also the performance of the system. It was through robust and rigorous debate that the architects of the Constitution put in place a high moral standard that would guide the people of the country. It is that kind of debate which is required today). It is both an honour and pleasure to participate in this programme in memory of a departed friend, Mr. Kannabiran. I never addressed him that way while he was alive, though he was a generation older to me. For young and old, his own contemporaries, and friends, he was ‘Kanna’. A very dear Kanna. He never believed in these formalities, and he never let us believe in them. My association with Kanna started sometime in 1984, though I knew him before as well. By the time I entered the profession in 1976, he was an established senior advocate –but an angry young man! Of course, not very young, I was 23 when I entered the profession and he must have been at least 16 -17 years older to me. He was in his 40s, but a firebrand. It was Emergency period. Not many were willing to speak out, some out of fear and some out of the belief that it was good for the country for whatever reasons. A few bold souls were saying it was not good for the country. Insofar as AP High Court was concerned, Kannabiran was one of them. I and quite a few other youngsters were of the opinion that Emergency was not good for this nation. I was certainly not as bold as Kanna was. Although I was also of the clear opinion things were going wrong, I never went into action in those days — in the sense of interacting with the public and debating issues. But I used to admire not only Kanna, but also a few other members of the Bar who were at the forefront of the debate. My real interaction with Kanna started in 1984, when the government led by late NT Rama Rao was pulled down, leaving a trail of turmoil in the then state of Andhra Pradesh. It was a real turmoil, judging by the number of lives lost. If I remember right, in one incident in Anantapur, 14 people were shot to death. Kanna, representing the PUCL those days, played a very active role. He had neither any personal association with NTR nor any political affiliation with NTR’s party. Kanna saw the whole episode as an assault on the democracy guaranteed by the Constitution. In that context, Late Mr. Palkhiwala was invited to address a public gathering in Hyderabad. Kanna called me, as I was associated with NTR closely, and said: “We are fighting your cause and you don’t do anything to support us.” I asked him to tell me what he expected from me. He said that the least I could do is to extend some logistic support, and suggested that Mr Palkhiwala be picked up from the airport and brought to the venue. Fortunately, I had a car those days and I agreed to undertake the suggested task. That is how my association started with Kanna, and it continued until he left this world. I will speak on the judicial appointment process and the accountability of the judiciary — not general accountability, but accountability in the context of the process of appointments to the Constitutional Courts and NJAC as it came to be called popularly (or unpopularly). Judicial appointments in the Republic of India have always been shrouded in mystery. I’m sure there are lot many people who would agree with me. At least, Kanna always agreed with me in these matters. Neither in the pre-NJAC nor the post-NJAC period, was the process very transparent. Maybe it was an old British tradition. We claim to have secured independence from foreign rule, but continued some of those traditions without really examining the utility of those traditions and practices in a democratic republic. The text of the Constitution made clear stipulations regarding the process of judicial appointments. In the context of the appointment of judges of the high court, it is by recommendation of the chief justice of the High Court and the governor (in other words, local government/cabinet). Then the recommendations go to the Government of India after appropriate procedural verifications. The matter then goes to the Chief Justice of India before they are finally sent to President (in other words the Government of India). Invariably, in the process, some role is played by the political executive. Not only in India but all over the democratic world. In some countries the role is more emphatic. In the American system the nominations are made by the President directly (nothing to do with the Chief Justice of America). In India though, the process is initiated by the Chief Justice, either of a High Court or the Supreme Court. In the Supreme Court Advocates on Record Association case, a Constitution bench of the Supreme Court almost held that governments did not have a say in the matter of choice of individuals for elevation to the bench of the High Court or Supreme Court. Prior to 1993, I have known cases where Chief Ministers used to suggest to the CJ of the High Court to consider and recommend certain names. The CM being the elected representative of the people, may have innumerable considerations — some of them legitimate. The CJs, in a true democratic spirit, considered those suggestions. There used to be some discussion before accepting or rejecting the recommendations. In practice, in some cases the considerations on which a particular name was suggested by the CM or the even the CJ, might have been questionable. That is a different matter. After all, so long as the institutions are run by agencies, some element of subjectivity is inevitable. The question is how good the process has been from the point of view of the people of the country. Prior to the Supreme Court Advocates Association case, when governments had considerable say in the matter, many suggestions/recommendations made by the government turned out to be good. There could have been a few bad suggestions. Post the NJAC, please recollect some recommendations made by the collegium of the Supreme Court, was not approved by the Government of India for quite some time. There was some debate — healthy and unhealthy. One of the honourable members of the Union Cabinet at that point of time — he is no more unfortunately — published in his twitter, advising his political opponents that they should look into the mirror and introspect as to what they did when they were in office! He mentioned specific names of the Judges and the political personalities who recommended the names of those judges. These are all part of the record. I’m not saying anything which is not available in public domain. But I’m mentioning this only to say that some amount of political participation has always been there and I personally believe that there is nothing wrong with it. That’s what I said in my dissenting opinion in NJAC judgment. Although everybody had their own understanding of the judgment, I found it totally difficult to accept a proposition that in a democratic Republic, elected government should have no say at all in the matter of selection of judges to the constitutional courts. We may or may not like some political leaders or some political parties. But let us not forget that governments as well as courts owe their existence to the document called the Constitution. The text of that very document indicates that the government has a say in the matter. It mentions the role of the government and the judiciary, that is, a consultative process between the executive and judiciary. As Justice J. S. Verma put in the Supreme Court Advocates Association case, it’s not in the spirit of the winner takes all. It is an exercise of trying to identify the best for working a great institution like the judiciary, which is meant eventually for the welfare of the people. That should be the spirit in which examination or debate or discussion should take place. It is not the question of who is superior to whom, or who should have the ultimate say. If we believe genuinely that this process is meant for identifying the best people to be judges of the constitutional courts of this country, then these questions – who is superior, who is inferior, who has the last word – do not arise. It is a participatory process of identifying the right people. Unfortunately, arguments were advanced and accepted by the majority that the mere participation of the law minister in the body of the NJAC, brought in by the constitutional amendment, would be detrimental to the independence of the judiciary. That is the law today. Similar was the stance taken in respect of participation of the member of civil society. Recollect the scheme of the NJAC. It consists of three senior-most members of the Supreme Court, the law minister, and two eminent members of civil society chosen by a committee consisting of nominee of the government, leader of the opposition and CJI. There were serious objections to both these elements – the participation of law minister and members of civil society. The conclusion of the majority that the participation of the members of the civil society and the Law minister is detrimental to the independence of the judiciary was something which I found difficult to accept, and therefore my dissenting judgment. Lord Acton said, “all power corrupts and absolute power corrupts absolutely”. Corruption need not necessarily mean monetary corruption. It can take various forms – abuse of power i.e., using of power for purposes other than which it is intended, is corruption according to me. This kind of abuse of power always takes place, and took place in the last 70 years. In fact, around the time when the NJAC case was being heard in the Supreme Court, Abhinav Chandrachud published a book, The Informal Constitution – I’m referring to the book because we are trained in a legal system where everything is dependent upon evidence. There is recorded evidence in that book regarding the abuse of power by the political executive prior to the Second Judges case. Government sat on the recommendations made by the CJs, government delayed the appointment process because the suggestions made by the CJs of a High Court or the Supreme Court was not to their liking. Certainly, if the Government has concrete and legally tenable material to object to a recommendation, they have a right to object and discuss with the CJ. But simply not deciding anything – sitting on the matter, without clearing the recommendation, is certainly not a democratic process nor is it a healthy practice. Such things happen. The Informal Constitution gives specific instances. I remember particularly a case in Madhya Pradesh where the name of a particular Additional judge was recommended on three occasions by the CJ concerned for permanent appointment. Every time, the Government of India issued orders extending the tenure of additional judgeship. Post the Second Judges case, when the collegium had much greater say in the appointment process of the members of the constitutional courts, there are instances when the collegium did not exercise the authority strictly in accordance with the demands of the Constitution – letter and spirit of the constitution, as explained by the judgment of Supreme Court in the Second Judges case. I’ve recorded in my dissenting judgment, at least two such instances. It is not that there were just two, there were more and recorded too. My idea was not to create a controversy. All of us, acquainted with the appointment process know that ultimately, each of the branches under the constitution, the legislature, the executive and the judiciary are political branches in the philosophical sense. There is nothing very pious or otherwise about them. Democracy itself is a political process. When you say that an independent judiciary is the hallmark of democracy it is an equally political statement. Now the question is whether electoral politics and elected representatives of the people should have some say in the process of appointment of the members of judiciary. I believe it is difficult to say that they should have no say at all. I must also say that it is not my idea to say that the power of appointment should be handed over to the political executive. As it was rightly pointed out in the Second Judges case, it is a participatory process, for identifying the best talent and the best persons. Participatory process is a philosophical statement — what exactly is the process, and how it is to be outlined, what are the procedures that are required to be adopted, can be determined by law. Either it is statutory law made by the parliament, or a constitutional amendment. NJAC was one such experiment. By a constitutional amendment Parliament almost by unanimous vote amended the Constitution. If I remember right, there was only one vote against the bill – all others believed that the existing procedures needed some modification, and therefore, Parliament prescribed a different procedure. Please examine the question! After declaring such an alternative procedure to be unconstitutional for being not conducive to the independence of the judiciary, how did the appointment process go on in this country, for the last five years after that judgment? The information is in public domain. In any system run by human beings, absolute perfection is not possible. Some amount of imperfection is always there. The question is what is the quantum of that permissible imperfection? What is the degree of that imperfection? By and large, did it yield better results than what the NJAC would have yielded? I’m not saying either the NJAC or existing regime, or the regime that existed pre-Second Judges case would yield perfect results in choosing the best talent/ most suitable judges/ most upright judges/most learned judges. I don’t think it’s possible in the system. But the question is, if a good number or a substantial number of judges chosen by any one of these processes turn out to be learned/virtuous/hard working, then the system is good. India experimented with the regime that existed prior to the Second Judges case – that is when the government had a considerable say in the selection process, and eventually the Supreme Court said that this process is not very wholesome, looking at it from the point of independence of judiciary, which in turn is a condition precedent to the development of a healthy democracy. An alternative procedure was devised by the Supreme Court. There was bitter criticism about it, saying that the Supreme Court legislated. Much stronger language was used saying that the Supreme Court usurped the power of the government. The process changed. Did it yield any better result, is a question? The opinion seems to be, even I believe, that it was not much better. Lot of things which are not wholesome happened, and perhaps they continue to happen. The point is how to rectify the system? There can’t be two opinions that a law declared by the Supreme Court is binding on all of us. There is a very profound statement by a famous American jurist, Laurence Tribe, in his preface to his commentary on American Constitutional Law. He says – “I do not regard the rulings of the Supreme Court as synonymous with constitutional truth…. [T]he Courts that held slaves to be non-persons, separate to be equal, and pregnancy to be non sex-related can hardly be deemed either final or infallible.” The scholarship and the wisdom of the author comes in the next statement. He says, “Such passing finality as judicial pronouncements possess is an essential compromise between constitutional order and chaos: the Constitution is an intentionally incomplete, often deliberately indeterminate structure for the participatory evolution of political ideals and governmental practices. This process cannot be the special province of any single entity…” (pp. vii-viii). I think that’s a very profound statement. There is nothing final in matters of human affairs. What appears to be very good today may, a few years after the experience, appear to be not so good. Similar is the conclusion of the Supreme Court in the Second Judges case, or in the majority opinion of the NJAC, without meaning any personal disrespect. This is only an academic analysis. In my opinion, if something is not good, either you mend it, or worst-case scenario, end it.   As a student of constitutional law, I can’t plead for ending it. I remember the argument before the Supreme Court in the Golaknath case. A bold argument was made by Government of India that if the Supreme Court starts interfering with the constitutional amendments made by the Parliament from time to time, it would lead to a revolution in the country. The then Chief Justice Subba Rao speaking for the majority said there was nothing to choose between destruction by amendment and destruction by revolution. Let’s not go that far, but let us also understand that whatever Supreme Court says is not always synonymous with constitutional truth. With utmost respect to the institution of which I was a member myself for some time – it is an institution I hold in great regard – I believe that for the survival of a healthy democracy, a healthy independent, high quality judiciary is essential. But to maintain the standards and efficiency and quality, a periodic audit, not only of the performance of the individual judges but also the performance of the system as such is required. Unfortunately, in my opinion, that kind of an audit – an open debate, a rational and healthy debate devoid of partisan political views is becoming scarce in this country. I must mention a particular occurrence. Whenever a Chief Justice of India retires, the Prime Minister holds a dinner for all the judges of the Supreme Court. A few senior cabinet members, and  senior bureaucrats are also invited. In one of those dinners, most probably when Justice Kapadia was retiring (I don’t remember exactly), a dinner was organized at the residence of the then Prime Minister, Dr Manmohan Singh. One of the senior members of the cabinet who was present casually started a discussion, referring to a particular judgment which had been pronounced by the Supreme Court a few days earlier and said, “it requires a second look”. I told the gentleman, who at some point of time earlier held the Law Ministry: “I must tell you two things – it is too serious a matter for a dining table conversation; it requires an in-depth debate in an appropriate forum. Second, you should have thought of these things when you were holding the law ministry, not now.” My entire point is that debate is missing. Discussion and analysis of judgments have completely become partisan, on either side. When I wrote the dissenting judgment of NJAC, the ruling party felt that I wrote something in their favour and the opposition believed that I supported the ruling party. But a few years later the views reversed. Some people believed that I was against the government, some believed I was in favour of the opposition. It is too simplistic a way of looking at things without debating. Why is so much importance given to the Constituent Assembly Debates in the court hall? Whenever there is a constitutional issue, invariably reference is made to the Constituent Assembly Debates. Everybody refers to Babasaheb and various other eminent personalities. It is not because they were members of a particular body, but because they had a great experience of a lifetime behind them. They contributed to the history of this country. They fought for the liberation of this country. It is said, the wisdom which comes out of real-life experience cannot be matched by any amount of study in a library. They were the people who went through that experience. They debated, deliberated, and created the constitutional structure with the firm hope that this country in future would follow certain principles embodied in the Constitution for the overall welfare of the people and society. That is why the preamble mentions “We the People…”. It is all meant for the people. It is in that spirit that the debate went on in the constituent assembly. It is for that reason we refer back to the constituent assembly debates whenever there is a serious constitutional question. It is that kind of debate which is required. I’m not advocating the summoning of a constituent assembly again, but a debate of that quality. An audit of the existing system. The fact remains today, whether we like it or not, the efficiency levels in a system leave a lot to be desired. Both civil and criminal cases take decades to reach a finality from the lowest court to the Supreme Court. The problem requires in-depth analysis – why is it taking so long? How is it that we always get into controversies that particular cases are heard on a priority basis by the High Court or Supreme Court while other older cases are kept pending. Should not there be a more rational process? And how do we achieve such a rational process? These are the matters which could be debated. I’m sure it’s not impossible for any society of human beings with intelligence and education to find solution for any problem. The solution may not be eternal or perfect, but then it is possible. If we don’t wish to continue in this spirit, we could have as well continued to live under the British. Why did we fight against it? Because we believed that it is not good for the nation. Now after achieving the independence from foreign rule, have we achieved everything? The constitution proclaims many noble ideals, it has many dreams written into it. How many of those dreams have been realised in the last 70 years? And if we have not been able to realise them, why did we fail? Where did we fail? These are the matters which require constant ongoing debate not only in civil society, but in all elements of the Republic – the law makers the civil society, the judiciary. Only then can we expect a more efficient, transparent judicial system. So long as we believe that judiciary is something the working of which can’t be looked into, the process can’t be examined or analysed, the situation isn’t going to improve. We will continue to have the same system and it may ultimately not be very conducive for the health of the judicial system and in turn, the health of democracy in this country. Now, one last aspect I would like to mention is regarding the law laid down in the NJAC case. It is the law of the land for the time being. The Supreme Court has the last word on paper. Then, should there not at least be a more discernible record of the proceedings undertaken by the collegium. When I decided not to participate in the collegium meetings, that was my objection. I said, please record. If let’s say, a particular judge is transferred from one high court to another, some minimum record has to be there as to why that judge is transferred. What are the reasons which prompted the collegium to transfer the judge? Or if the name of a particular candidate recommended for elevation to a High Court is to be rejected, let it be on record why the collegium or majority members of the collegium are of the opinion that the candidate is unsuitable for elevation. It is an assessment that is required to be made. That is the role of the collegium or the government who is the ultimate appointing authority. An argument is sought to be advanced that if the material is published it would have an adverse effect on the life and reputation of the candidate. I have never said publish the proceedings. I only said at least let the other members of the collegium know. Let the Government of India know for what reason a candidate is rejected or a candidate is transferred. Or somebody in the democratic system, at least the next Chief Justice, should know why a particular recommendation was rejected earlier. Otherwise, a name which was rejected today gets approved a year later when the CJ changes or the composition of the collegium changes. Why go through this exercise then? That minimum record is required to be maintained – was the point I was making. My decision not to participate became a huge controversy. Politics entered the debate – it makes no difference to me. I’m a pensioner today, in the last leg of my life. But if you’re talking about the country, society, democracy, these are matters which require debate and examination. And if we the people of India – civil society, the legislature, the political parties – realise and start debating it, we can create a machinery or a mechanism of audit, of both the institution and individual incumbents of the institution. That would be a great day for Indian democracy and a true tribute to the departed soul of Kanna (of course, he perhaps never believed in the theory of soul), but I do. Cases Cited Golaknath v. State of Punjab 1967 AIR 1643. Supreme Court Advocates on Record Association v. Union of India (1993) 4 SCC 441 (Second Judges Case) Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1 (NJAC) References: Chandrachud, Abhinav. 2014. The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court. Delhi: Oxford University Press. Tribe, Laurence. 1988. American Constitutional Law. 2nd Edn. Mineola, New York: Foundation Press.(Justice J. Chelameswar was judge of the Supreme Court of India from 2011 to 2018. Earlier, he was the Chief Justice of the Gauhati High Court and the High Court of Kerala. He wrote the dissenting judgment in the NJAC case). This is the eighth lecture of K G Kannabiran memorial lecture series.First Lecture by Justice B Sudershan Reddy, former Supreme Court Judge -Death Of Democratic Institutions: The Inevitable Logic of Neo-Liberal Political Economy & Abandonment of Directive Principles of State Policy.Second lecture by Advocate B Nalin Kumar -‘A Lawyer With High Principles’ : A Junior Remembers His Senior KG KannabiranThird lecture by Mihir Desai, Senior Advocate -Preventive Detention Laws Allow State To Carve Out Exception For Its LawlessnessFourth lecture by Nithya Ramakrishnan – Trial Lessons From K G Kannabiran: Nitya Ramakrishnan Remembers Parliament Attack CaseFifth lecture by Justice K Chandru : Need For More Kannabirans Felt Now With Ever Increasing Human Rights Violations : Justice K ChandruSixth lecture by Advocate BB Mohan : Criminal Law and Human Rights: ‘Distinctive Discrimination’ and Article 21 Rights to Fair TrialSeventh lecture by Advocate V Raghu : The Constitution and Scheduled Tribes in Composite State of AP Next Storylast_img read more