R v Secretary of State for Home Department Ex Parte Chahal High Court of Justice Queen’s Bench Division

2003 ◽  
pp. 743-749
2018 ◽  
Vol 57 (1) ◽  
pp. 125-154 ◽  
Author(s):  
Michelle Marie F. Villarica

In the joint cases of Tele2 Sverige AB v. Post-och telestyrelsen and Secretary of State for the Home Department v. Tom Watson, Peter Brice, and Geoffrey Lewis (the Decision), the Court of Justice of the European Union (CJEU) held that member states are precluded from adopting legislation that allows a general and indiscriminate retention of all traffic and location data. While targeted retention of data is allowed for the specific objective of fighting serious crime, retention must be proportionate and access to the data must be limited to what is strictly necessary. To ensure that this is achieved, adequate safeguards must be set in place and access to the data must be subject to prior review by a court or independent administrative body.


Author(s):  
Michael D. Metelits

The Arthur Crawford Scandal explores how nineteenth century Bombay tried a British official for corruption. The presidency government persuaded Indians, government officials, to testify against the very person who controlled their career by offering immunity from legal action and career punishment. A criminal conviction of Crawford’s henchman established the modus operandi of a bribery network. Subsequent efforts to intimidate Indian witnesses led to litigation at the high court level, resulting in a political pressure campaign in London based on biased press reports from India. These reports evoked questions in the House of Commons; questions became demands that Indians witnesses against Crawford be fired from government service. The secretary of state for India and the Bombay government negotiated about the fate of the Indian witnesses. At first, the secretary of state accepted the Bombay government’s proposals. But the press campaign against the Indian witnesses eventually led him to order the Government of India, in consultation with the Government of Bombay, to pass a law ordering those officials who paid Crawford willingly, to be fired. Those whom the Bombay government determined to be extorted were not to be fired. Both groups retained immunity from further actions at law. Thus, Bombay won a victory that almost saved its original guarantee of immunity: those who were fired were to receive their salary (along with periodic step increases) until they reached retirement age, at which time they would receive a pension. However, this ‘solution’ did little to overcome the stigma and suffering of the fired officials.


Sign in / Sign up

Export Citation Format

Share Document