The Captain of Pakistan - Modern Diplomacy

2022-09-10 01:45:21 By : Ms. Olivia Duan

Prime Minister Imran Khan, is neither an institutionalized politician, nor a superstar Ivy leaguer bureaucrat  parachuted as a global personality with some hidden foreign agenda. He is just a simple Pakistani, a champion athlete, a world-class cricketer, a natural born leader on a simple mission to lead the citizenry towards justice but caught on a super complex battlefield, where deception and corruption are regarded as the weapons of mastery.

Right now there is no other person in Pakistan that could ever come close to his grand stature, or his integrity and unique stamina, while he has already carved a powerful historical standing amongst the greatest leaders like Jinnah the founder of Pakistan. The world is watching, now.

Regime changes are random chapters within the Machiavellian novellas of the political historic shelves, where  institutionalized corruption is cited as the ultimate curse by each and every single government and yet openly practiced as a basic right of the national leadership of the period by the same nation.

Imran Khan, also lacks the traditional attire and decorum, the likes of billions of dollars hidden in lush paradises, life of deep indulgences, residencies outside the reach of the home nation’s law,  filing cabinets of  investigative litigations and direct support from foreign deep states, the star chambers, the seek and destroy doctrines, all with complete impunity to historic level crimes, all stolen in the name of public service.  He is not fighting for power or a seat, he is only fighting to uplift the national awareness towards integrity and social justice. He is respected, loved and cherished, something others only dream

Nevertheless, there stands in isolation Imran Khan as a sole warrior. Stands with him, today, just the nation of Pakistan.  The commoners, the citizenry, the women, the youth and the inspired faithful, the alpha dreamers, who believe that there can be a better world after all. As an honest citizen, the Captain of Pakistan, and his team fighting the serpents in the swamps and prolonged fermented crooked-tyranny. In a just-society this is mighty power, but in tyrannies it is not.

In an age, where polling lost its power decades ago, as polls are only surprisingly wrong, always. The right and wrong can only be determined by “national general elections” while the majority of citizenry agrees with him. The most shrewd and screwed business community is not. They are still where the loopholes are fertilized, where corruption is cooked, baked and fermented, where witchcraft takes the Halloween nights into looting bazaars, where only greed flies like vampires and licks anything to survive.  While the leader and his brave PTI teams are on the march, armed with bold narratives in a real life and death game. His life is in extreme danger.

Furthermore, let this be noted, despite all the global exposure and understanding like no other politician, Imran Khan during power was unable to mobilize Pakistani Diaspora, despite so many half-baked attempts the designated teams failed to even decipher what are the methodologies to harness the hidden powers of globally mobilizing millions of super talented Pakistani to reinvest in their homeland not as charity but as a land of far greater opportunities many times tactically strategic from wherever they stood as foreigners. The lack of meritocracy on the national mobilization of SME entrepreneurialism and digitalization of economies is what led Pakistan to economic collapse. It was not how much was stolen by crooks over time but far greater, what strategic opportunism missed by the nation, by the incompetents.

Pakistan, fiercely fighting for survival as a grown nation over 75 years, but despite nuclear power still grossly undeveloped on skills and merits,. The meritocracy here is only a word found in the dictionary, while the best business strategies mostly end up as tax dodging plans, the country needs a serious re-birth and a diaper-change. The time has come to re-invent Pakistan for a next 25 year national mobilization program, so the citizenry would not only understand what it takes to stand up to global-age of competitiveness. 

Do not wait for change, just become the change. A new world is emerging very fast, the world order is old order, the new world order is no order. How fast will the Captain create million smart Pakistani, on digital platforms of up-skilling for building better nation and mobilize them on a 24x7x365 agenda to train another batch of 10 million on critical thinking capable enough to expand the message and create national mobilization of entrepreneurialism via fair and just-society and start building a respectable economy and a nation. Study more on Google, as such deployments are not new funding dependent rather execution hungry.

There are two schools of thought emerging, across the world. Observe the age of The Broken Nations, where constitutionalised corruption makes countries go bankrupt as an accepted lifestyle. Notice the struggles of The United Nation on the other hand may wish to see a different picture where common good becomes a global call of humankind.

Nevertheless, Khan today is the only single global leader with such a clear narrative strong enough to articulate across the Organization of Islamic Cooperation (OIC) and send clarity on how to mobilize dozens of nations, some already in similar entrapments. If OIC were to allow such a narrative and exchange it would make them stand on the right side and also make him the most powerful visionary to engage such a large number of people in pursuit of common good ever in history.

Times are dangerous, it is imperative for Imran Khan to build a professional and hierarchical PTI organization, based on meritocracy and rule of laws, the world is spinning too fast, where slippages are arranged, now demands a ‘lead, follow or get out of the way’, doctrine, otherwise, historians of the establishments already getting anxious to turn this narrative into a saga for the Machiavellian book-shelf.  No matter how, the citizenry of Pakistan is now fully with the Captain, as a newer Pakistan slowly opens. The general election announcement is mandatory.  The rest is easy.  

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Naseem Javed is a corporate philosopher, Chairman of Expothon Worldwide; a Canadian Think tank focused on National Mobilization of Entrepreneurialism Protocols on Platform Economy and exportability solutions now gaining global attention. His latest book; Alpha Dreamers; the five billions connected who will change the world.

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In light of recent global geopolitical commutes, Prime Minister Sheikh Hasina’s impending visit to India will have a highly beneficial impact and usher in a new era of bilateral and regional cooperation.  It has been three years since the last visit of Premier Sheikh Hasina before the Covid 19 Pandemic in 2019. The visit is significant for both Bangladesh and India, and various agreements and MoUs are anticipated to be signed there incorporating connectivity initiatives in land, water, energy, and sub-regional forms. From strengthening political and cultural ties to fostering economically beneficial associations, ‘connectivity’ has become a buzzword in recent years. In the wake of globalization’s second wave, strengthening regional and sub-regional cooperation is widely appreciated and acknowledged at all levels. Thus, connectivity has emerged as a hallmark in Bangladesh-India bilateral relations in recent times. Prime Minister Sheikh Hasina said, “We need to improve our connectivity. India’s North Eastern provinces – Assam and Tripura – could have access to Chattogram port if the countries’ connectivity is improved”. India and Bangladesh made bold moves to bolster communication via roads, rail, and waterways which would harness the prospects of regional connectivity. The visit is expected to provide a framework for a multimode of connectivity after the two countries resolved major disputes over land and maritime boundaries. Indian High Commissioner to Bangladesh Vikram Kumar Doraiswami observes that improving trade and transport connectivity between India and Bangladesh, as well as other neighboring countries can be a game-changer not only for the two countries but for the entire region.

Why is Connectivity so Important?

Bangladesh and India have similar historical and cultural roots and a lot of common areas of cooperation which paves the way for a robust strategic partnership. Additional similarities in the bilateral relationships reflect comprehensive cooperation founded on sovereignty, along with equality, trust, and understanding much more than just a neighbor. The implementation of bilateral and sub-regional connectivity projects needs to be accelerated by Dhaka and Delhi as Bangladesh plays a significant role in India’s extensive effort to implement its Look East Policy due to its geographic location and its geographical proximity to India’s northeastern provinces. On the flip side, by boosting its exports to northeastern India and imposing tolls on the vehicles that transport Indian goods across Bangladesh’s land or waters, Bangladesh can also gain significantly. Bangladesh and India share the fifth largest land boundary and 54 joint rivers. Connectivity may offer the routes through which development impulses can be transmitted throughout the region and may increase the dynamism of economic and social advancement in India as well as its neighbors to the east and south. The purpose of the Bangladesh-India connectivity is to resurrect earlier routes that had been in use up until the 1965 India-Pakistan War. Both administrations launched numerous measures to reestablish train connections and other communication ties before 1965. Such advances in India have the prospect of heralding significant changes in its own eastern and northeastern states, including Kolkata.

The expansion of their bilateral connectivity can spill over to the sub-regional level ensuring greater good for the regional countries. India is eager to let Bangladesh use its ports, railways, and other infrastructure, especially for sale to non-Indian nations like Nepal and Bhutan. It is important to look at the greater port, energy, infrastructures, and economic interconnectivity in south Asia.

Domains of Bangladesh-India Bilateral Connectivity Cooperation

At the bilateral, regional, and international levels, Bangladesh and India share heavily prioritized multimodal connectivity plans. An obvious illustration of Bangladesh’s sustained commitment to supporting attempts to increase connectivity and economic integration in the region, notably in the Northeast of India, is the recent opening of the Feni Bridge. On March 9 of last year, Indian Premier Narendra Modi opened the “Maitri Setu” (bridge) over the Feni River to support the port’s connectivity with Chittagong, Bangladesh. Additionally, the recently opened Padma rail-road bridge in Bangladesh may improve the physical ties between the two brotherly countries.

Bangladesh and India share transport connectivity which creates a win-win situation for both countries. To convey Indian commodities to the northeast, Bangladesh has offered India transit and transshipment services. Additionally, it will probably allow the transit problem to benefit from synergies with the recently built Padma Bridge, which connects southwest Bangladesh, including the Mongla Seaport, with the rest of the nation as well as India.

The two South Asian nations enjoyed railway connectivity during the colonial period and even after the partition. Several railway connections between Bangladesh and India are currently in o operational. On December 17, 2020, the freshly rebuilt railway link between Chilahati (Bangladesh) and Haldibari (India) was officially opened by the prime ministers of these two nations. As the COVID-19 pandemic continued, both nations began utilizing side-door container and parcel trains to ensure uninterrupted supply lines. In September 2022, a much-anticipated railway connection between Agartala and Akahura will be completed.  During the upcoming visit, it is anticipated that India will probably propose increasing railway connectivity and restoring three more train services between India and Bangladesh since it views connectivity as

The bilateral connectivity also exists and can be expanded much further, for instance, in the maritime domain.  Bangladesh has expressed interest to be a part of the India-pioneered initiative – Security and Growth for all in the Region (SAGAR). In July 2020, a successful trial run of the transshipment of Indian commodities from Kolkata to Agartala via Chattogram was completed. Tripura will profit immensely from it, especially as it is in the landlocked Northeast. Both the leaders are likely to discuss the opposition Bangladesh has to the establishment of an Integrated Check Post (ICP) as well as other matters about Tripura. Prime Minister’s visit will pave the way for future connectivity as well as the scope for unresolved bilateral connectivity projects both on land, water, and regional. Thus, both countries will be able to unleash their untapped resources and opportunities in terms of bilateral cooperation and connectivity.

Prospects for Regional and Sub-Regional Connectivity

These two nations collaborated to create a wealthy and secure South Asia, placing particular emphasis on regional cooperation. They discussed collaboration and regional institutions on a bilateral basis. For instance, Bangladesh proposed the South Asian Association for Regional Cooperation (SAARC), and India helped make it happen. Additionally, Bangladesh and India collaborate closely on regional platforms such as the Bangladesh, Bhutan, India, Nepal (BBIN) Initiative, the Indian Ocean Rim Association, and the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC). To strengthen and broaden regional economic cooperation, Asia must now encourage infrastructure connection inside the area. Investment in infrastructure connectivity could increase productivity and competitiveness, hasten economic recovery, and support medium- to long-term balanced, sustainable, and inclusive growth. Additionally, the connection could encourage environmental sustainability by fostering the growth of international green transportation and energy networks.

Several regional connectivity projects are expected to be materialized which need Bangladesh-India cooperation that can bring overall development to South Asia. Asian Highway Network Routes (AH 1 &2) can provide for greater trade and social interactions between Asian countries, including personal contacts, project capitalizations, connections of major container terminals with transportation points, and promotion of tourism via the new roadways. Additionally, through the execution of the Motor Vehicle Agreement between Bangladesh, Bhutan, India, and Nepal (BBIN) and the regional hydroelectricity grid with northeastern India, Nepal, and Bhutan, Bangladesh is also keen on regional connectivity.

India-Myanmar-Thailand (IMT) Trilateral Agreement has possible positive implications in terms of energy development in the region where Bangladesh is aspiring to be a partner. This agreement can increase the capacity of Bangladesh in terms of time and cost and reduce energy dependency on Europe. Bangladesh, China, India, and Myanmar Economic Corridor (BCIM) can provide access to numerous markets in Southeast Asia, improvement of transportation infrastructure, and creation of an industrial zone. Bangladesh-India’s robust friendship and cooperation can be a key factor to make these regional initiatives happen.  

Following the Covid pandemic and the Russia-Ukraine war, global and local politics, the two blocs are attempting to sway nations to their respective sides in light of the growing rivalry between the West and Russia, and China. Against such a backdrop, Bangladesh and India should work together to address the existing challenges and focus on peace and stability to promote more robust friendship and cooperation. Therefore, Prime Minister Sheikh Hasina’s recent visit can ameliorate the existing arena of connectivity and at the same time, unleash the area of cooperation which have profound significance both in terms of bilateral cooperation and regional solidarity.

Pakistan is the only country, which understands the Afghanistan issue comprehensively. As we are neighbor, shares similar language, culture, religion, history, and traditions. It is natural to develop each other’s understandings in depth. Pakistan is the worst victim of unrest in Afghanistan for almost four decades. Pakistan’s sufferings and sacrifices for Afghanistan are much more than any other country on the earth.

Pakistan has been always promoting the Afghan issue in the international community and advocating for Afghanistan on almost all important platforms. Pakistan has been extending its full support including political, diplomatic, economic, and humanitarian and etc. Pakistan believes in and struggled for an Afghan-owned, Afghan-led, and permanent solution to this issue. Pakistan never intervened in any other country’s internal affairs and imposed its will on others.

Pakistan believes in the comprehensive sovereignty of Afghanistan and respects the people of Afghanistan. Our relations are based on brotherhood, good neighborhoods, and based on equality, and mutual respect.

However the recent statement from Afghan Defense Minister, Mullah Muhammad Yaqoob, in a press conference bluntly accusing Pakistan of allowing its airspace for US drone strikes in Afghanistan, and warning against it, has surprised the whole nation.

Pakistan has noted, with deep concern, the allegation by the Acting Defense Minister of Afghanistan regarding the use of Pakistan’s air space in the U.S. counter-terrorism drone operation in Afghanistan.

In the absence of any evidence, as acknowledged by the Afghan Minister himself, such conjectural allegations are highly regrettable and defy the norms of responsible diplomatic conduct.

Pakistan reaffirms its belief in the sovereignty and territorial integrity of all states and condemns terrorism in all its forms and manifestations.

We urge the Afghan interim authorities to ensure the fulfillment of international commitments made by Afghanistan not to allow the use of its territory for terrorism against any country.

It is to be noted that before 2015, Mullah Yaqoob did not even have an official position among the Taliban. However, experts say the prestige of being Mullah Omar’s eldest son elevated his standing among the Taliban’s field commanders and its rank and file. He transpired to be an uninspiring personality, who has failed to appeal to the ranks and file in the new Afghan setup. As a matter of fact, he has resorted to discourses against Pakistan to gain attention and support from the Indian and Western-inspired Afghan circles.

There are several fault lines visible within the Taliban with tensions between Mullah Yaqoob and the Haqqanis controlling Kabul at present. There is friction between Haqqani Taliban and Kandhar faction just as there are differences between the Pashtun and Non-Pashtun tribes.

Mullah Yaqoob wanted to bring military elements into the cabinet rather than political elements being pushed by Mullah Baradar. Mullah Yaqoob, who is also the head of the military commission and deputy leader, has openly said that those living in the luxury of Doha cannot dictate terms to those involved in Askari jihad against the US-led occupation forces. He has been consolidating his power since his father Mullah Omar’s death was revealed in July 2015. His ambition to control the Taliban factions including Haqqani seems to come true in coming years for the following reasons other than his pro-US and Pro-Indian inclination: –

        Mullah Yaqoob is popular among the battlefield commanders and so they are willing to accept his leadership.

        Yaqoob had close ties to commanders in the country’s north, which helped consolidate his military control.

        Yaqoob is known to have links to Saudi Arabia, which supports the peace deal and is believed to be funneling money to him to help him consolidate power (since Mullah Omer’s death became public, Mullah Yaqoob has been controlling the Taliban’s vast income streams).

         Mullah Yaqoob is believed to have ties with the former government of Afghanistan and the intelligence service. Haqqanis are considered to have a soft view of Pakistan, while Yaqoob favors the peace process with the US and rapprochement with India. Yaqoob’s rise, therefore, seems like good news for Washington and India.

        Reportedly, Taliban founder Mullah Mohammad Omar had issues with the Haqqani Group founded by Jalaluddin Haqqani, which gives rise to speculation that Mullah Yaqoob, son of Mullah Omar, disclosed Zawahiri’s location to US authorities during his recent visit to Qatar.

        Yaqoob’s primary responsibility is security, which he described as “100% OK,” though the later revelation that al-Qaida’s leader was living in the center of Kabul cast the statement in a different light.

        There are speculations about the Taliban having trust deficit vis-à-vis Mullah Yaqoob as the leader. There are strong feelings among the Taliban that Mullah Yaqoob provided intelligence information about Al-Zawahiri to the US when he met them in early July this year. The reason quoted behind this is that perhaps Mullah Yaqoob wanted to glorify his status over Haqqanis within TTA and in the eyes of the US and allies.

        The possibility cannot be ruled out that Mullah Yaqoob following his father’s footsteps provided shelter to Al-Zawahiri in a Taliban-secured area and later on belittled Haqqanis and shared information about the Al-Qaeda leader’s whereabouts.    

        Despite his elevated positions, Mullah Yaqoob is not believed to be widely admired among the militant group or its followers.

        Reportedly many Afghan intelligence officials described Mullah Yaqoob as a shrewd young man who is self-centered.

        There are also reservations that someone like Mullah Yaqoob who was raised outside his homeland during the Afghan war can be well conversant with the realities of Afghanistan.

It is believed that his efforts to damage Pakistan-Afghanistan relations will never succeed. His ill designs and evil motives will never be materialized. The brotherhood between the two Muslim neighbors will remain unchanged and ensure the stability and prosperity of the whole region.

Authors: Harsh Mahaseth and Niharika Goel*

When the MV X-Press Pearl cargo ship owned by a Singapore-based company caught fire near the Colombo harbour of Sri Lanka, it caused the worst catastrophe of the decade. While the coordination amongst the involved countries stood disturbed, it posed a conundrum regarding who shall be held liable for the damages involved.

The Singaporean ship set sail from Malaysia, entering service in February of 2021. However, while returning from its third journey from Qatar to Malaysia, it sunk off the coast of Sri Lanka, near the Colombo harbor, after it caught fire. The crew was attempting to tow the vessel into deeper waters when the mishappening took place. Navy Media spokesman Captain Indika de Silva said, 

“The towing the ship to the deeper seas was abandoned as the stern of the ship sank to the sea bed while it was being towed 500 to 600 m westward.”

This vessel was ablaze at the Sri-Lanka’s shoreline for thirteen days. By late June, only four months after it had first headed out, the desolated transport was sitting 70 feet underneath the Indian Ocean. The spread of pellets and nurdles, surprisingly found in the gills and paunches of dead fishes, is predicted to reach the Indian coastline, Maldives, Madagascar, Thailand and Indonesia owing to the currents caused by the cyclone Yaas. Other controversial elements, including synthetic compounds like nitric corrosive, sodium dioxide, copper, and lead would also not take long to enter the human circulatory systems because of the wide utilization of fish in the concerned area.

Being a vessel registered to the flag of Singapore, manufactured by a company in China, insured by a company in the United Kingdom, enroute via India to Malaysia from Saudi Arabia, creating a catastrophe at Sri Lanka builds a jurisdictional conundrum. The crew was aware of the corrosive, toxic and flammable liquid, nitric acid when it was loaded in Dubai. Adding to the complexity, they were also denied permission by Qatar and India to dock the ship which resulted in a longer than usual route. Despite such lack of cooperation between the concerned nations, along with limited offshore capacities, the vessel progressed into Sri Lankan waters with its controversial cargo onboard.

Under United Nations Convention of the Law of the Sea, the limit of territorial sea of a State extends to 12 nautical miles from the baseline under Article 3, the Contiguous Zone extends to 24 nautical miles from the baseline under Article 33 and the breadth of Exclusive Economic Zone (EEZ) extends to 200 nautical miles from the baseline from which the breadth of the territorial sea is measured under Article 57. Location of the sinking ship or ship wreck has been within the territorial sea lesser than 12 nautical miles from the shore of Sri Lanka. Further, the commonly accepted polluter pays principle states that those who produce the pollution shall bear the cost to reduce, if not eliminate, the environmental damage caused by such catastrophe. The owner of the company and the flagged country is Singapore which thus, will be equally liable.

Article 235 and Article 192 of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 creates general obligations on the state to protect the marine environment, to which Sri Lanka is a signatory. Article 220(6) when read with Article 211(6) of UNCLOS provides states the power to enact laws for damages and institute proceedings, in cases with evidence of a violation by a vessel causing damage or threat of damage to economic zone. While, lacunae present in the legal remedies pertaining to damages caused by hazardous noxious substances is abridged by the Hazardous and Noxious Substance (HNS) Convention and the 2010 protocol by a two-tier compensation regime but the convention is still pending ratification by the required number of states and thus has not come into force yet. To bridge the gap in the provisions regarding matters concerning hazardous substance, the definition of a harmful substance under Section 2(2) of the MARPOL Convention, provides to mean any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the Convention.

Part VIII (Prevention of Pollution – Criminal Liability) and Part IX (Prevention of Pollution  – Civil Liability) of the Sri Lanka’s Marine Pollution Prevention Act, 2008 enumerate civil and criminal liability in the MV X Press Pearl case. Section 26(a) of the Act will impose criminal liability on the owner, master, or agent of the ship charging fine up to Rs. 4 Million (not exceeding Rs. 14 Million) if any oil, harmful substance, or pollutant is discharged into the territorial borders of Sri Lanka, and civil liability under Section 34 provides for unlimited recovery of any damages caused by the pollutant, costs of measures taken for the purpose of reducing/removing such pollutant from the territorial waters of Sri Lanka.

Ship owners register their vessel in a country other than that of the ship owners to avoid stringent taxes under the business practice termed Flag of convenience (FOC). For such flag states, the United Nations Convention on the Law of the Sea, 1982 (UNCLOS) enforces responsibilities ensuring that the vessels comply with the rules and standards of the registered state jurisdiction including periodic inspections of the vessels, and prohibition of vessels from flying their flags in cases of non-compliance. Keeping in consideration the cargo onboard, the Hague Visby Rules obligates a contract of carriage evidenced by the bill of lading which would invariably provide for application of. For an owner to exclude any liability under the Hague Visby Rules, they need to establish and prove that they exercised due diligence in the beginning of the voyage (Article III (1)) and they had taken continuous care of the cargo under their responsibility (Article III (2)).

The flag state, Singapore also stands liable under Article 3 of the International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention), 2001 which provides for strict liability of the owner under three heads of pollution damage. Damage caused in Singapore by the contamination, entire costs and expenses incurred in establishing reasonable measures to reduce the damage, and any additional damages caused to Singapore due to any such measures will also be recovered. In conclusion, the owner of the ship will not only be liable to pay for the damages caused but also for costs incurred in the restoration of such damages. As Article 3 provides for strict liability of the owner, there are limited defences available for the owner namely act of war or inevitable phenonmenon, a third party not an employee or agent of the owner, negligent act of government in exercising functions of navigations aids were the cause of discharge by the vessel. However, a strict liability arises imposed on the vessel owner and their insurers for the costs of any preventive or recovery measures. While the Convention for Limitation of Liability for Maritime Claims (LLMC), 1976 administers compensation amount to be paid by ship owners in such cases, the subsequently amended LLMC agreed in 1996 (the 1996 Protocol) subsequently increases the cap for compensation in direct proportion to the gross tonnage of the vessel with no prescribed defences available. The matter can also be subjected to an ad hoc arbitration agreement after due consent of the parties involved, which is preferable in claims of contracts of carriage for a more flexible and confidential settlement of the dispute.

The Centre for Environmental Justice has filed charges against the Sri Lankan Government, as well as the shipping company involved with the situation alleged that the ship-owners already knew about the concerned acid leak, and asked for both civil and criminal action with the crew being taken into custody. The vessel’s operator, X-Press Feeders paid an initial payment of $3.6 million against the $300 million USD sought to the Sri Lankan Government.

*Niharika Goel is a final-year law student who is also working as a research assistant to Assistant Professor Harsh Mahaseth.

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