Legal News for Judiciary & Law Exams (5-11 Jan 2020)

Current Legal Affairs

 

  • Activist Sadaf, ex-IPS officer Darapuri, 10 others get bail
    • A Lucknow court granted bail to 12 people
    • It included Congress leader Sadaf Jafar, retired IPS officer S.R. Darapuri and activist and assistant professor Pawan Rao Ambedkar.
    • They were arrested in a case of alleged involvement in a violent protest against the citizenship law in Lucknow on December 19.
  • MHA sanctions third advisor to J&K Lt Governor
    • The Ministry of Home Affairs (MHA) accorded sanction to the appointment of Rajiv Rai Bhatnagar as Advisor to Jammu and Kashmir Lieutenant Governor G C Murmu.
    • The advisor shall assist the LG in the effective discharge of his functions.
  • Iraqi lawmakers vote to expel US troops
    • Lawmakers in Iraq voted to require the government to end the presence of American troops in the country.
    • The action came after United States ordered the killing of the Iranian leader of the elite Quds force, Major General Qassem Soleimani, on Iraqi soil.
  • Mistry ‘won’t pursue Tata Sons chairmanship’, but will ‘protect rights of minority shareholders’
    • Cyrus Mistry said the Tata Group’s leadership, both in conduct and in their statements, has shown scant respect for the rights of the minority shareholders in the last three years.
    • Former Tata Sons chairman Cyrus Mistry said he “won’t be pursuing the executive chairmanship of Tata Sons, or directorship of TCS, Tata Teleservices or Tata Industries”.
    • Mistry made this statement despite getting the National Company Law Appellate Tribunal’s (NCLAT’s) order in his favour.
  • Centre to SC: If parents in NRC, kids will not be sent to detention camps
    • Attorney General of India K.K. Venugopal assured the Supreme Court.
    • He said that children excluded in the National Register of Citizens (NRC) will not be sent to detention centres in Assam for now if the names of their parents feature in the NRC.
    • The law officer made remarks before the bench comprising CJI S.A. Bobde, Justice Suryakant and Justice B.R. Gavai.
  • Nankana Sahib vandalism: Main accused held in Pak
    • He has been charged with a non-bailable section of the stringent anti-terrorism act.
    • Gurdwara Nankana Sahib, also known as Gurdwara Janam Asthan, is a site near Lahore where the first Guru of Sikhs, Guru Nanak, was born.
    • According to media reports, a mob had attacked the Gurdwara and had pelted it with stones.
  • Harvey Weinstein appears in court as trial set to get underway
    • In a brief hearing, the judge denied a motion to sequester jurors throughout the course of the trial.
    • The judge declined to gag Weinstein’s attorneys from speaking to the media.
    • The judge also turned down a request by the defence to call as a witness a police detective who had been accused of mishandling part of the case.
  • Man who raped dozens of men gets life in prison in London
    • ReynhardSinaga, a man described as “the most prolific rapist in British legal history” has been sentenced to life in prison.
    • With possible release after 30 years following his conviction for sexual offences against 48 men.
  • SC: Mallya cannot use pendency of plea to stall insolvency cases abroad
    • The clarification came after Solicitor General Tushar Mehta told the Apex Court that the insolvency proceedings initiated by SBI against Vijay Mallya in a UK court are pending.
  • NCLAT dismisses RoC plea, refuses to modify order on Cyrus Mistry reinstatement
    • A two-member Bench headed by NCLAT chairman Justice SJ Mukhopadhaya dismissed the plea filed by Registrar of Companies (RoC).
    • Bench stated that “there is no ground to amend judgement dated December 18, 2019”.
    • On December 18, the NCLAT directed the group to reinstate Cyrus Mistry as the executive chairman of Tata Group.
    • It also termed conversion of Tata Sons from a public company to a private one by the RoC as “illegal”.
    • The RoC had sought to be impleaded as a party in the two petitions and deletion of words “illegal” and “with the help of the RoC” used by the appellate tribunal in its 172-page judgment.
  • IBC amendment on homebuyers’ quorum challenged in SC
    • Such action was taken after amendments to the Insolvency and Bankruptcy Code (IBC) were made.
    • On December 28, 2019, the government had promulgated an ordinance.
    • It mandated that at least 100 homebuyers or 10 per cent of the total homebuyers of a project must file an insolvency application together if it has to be admitted.
    • The pleas contend that the amendment made by the central government was “patently illegal, manifestly arbitrary and the result of absolute colourable exercise of the powers vested with the executive”.
    • The petitioners have claimed that the ceiling of 100 homebuyers curtail their rights and it is an unreasonable ceiling.
  • CBI books 51 entities for transferring Rs 1,038-cr black money to Hong Kong
    • The Central Bureau of Investigation (CBI) booked 51 entities and unknown officials of three public sector banks.
    • They were booked for allegedly remitting Rs 1,038 crore of black money to Hong Kong during 2014-15.
    • Most of these entities are owned by a handful of people from Chennai.
    • They duped Punjab National Bank, Bank of India and State Bank of India.
    • This is the second big bank fraud that that PNB has had to suffer following the Rs 13,500 crore fraud committed by Nirav Modi and Mehul Choksi.
  • Delhi court orders hanging of December 16 gangrape convicts
    • A Delhi court ordered the hanging of four death row convicts at 7 am on January 22 in Tihar jail.
    • Akshay Kumar (31), Vinay Sharma (26), Pawan Gupta (25) and Mukesh (32) are the four convicts.
    • They appeared before the Additional Sessions Judge Satish Kumar Arora via video conferencing from Tihar jail.
    • They were informed by the judge about his decision to execute their death warrant via video conferencing.
    • They will be placed in isolation cells till the date of their execution.
  • Can’t piggyback: SC on plea to revive graft cases against Yeddyurappa, Shivakumar
    • The Supreme Court asked an NGOto first show what it had done on its own to pursue the case.
    • The NGO had sought to revive graft and land grabbing allegations against Karnataka Chief Minister BS Yeddyurappa and Congress leader DK Shivakumar.
    • You cannot piggyback… you cannot ride on another’s shoulder”, a three-judge bench headed by CJI S.A. Bobde told advocate Prashant Bhushan.
    • Bhushan appeared for the NGO Samaj Parivartan Samudaya saying it had sought to intervene in the matter in the Supreme Court when the original complainant withdrew his appeal “under pressure”.
  • Man gets four life terms for raping minor daughter
    • The court ordered that the four terms of life imprisonment should run continuously.
    • It stated that he should not be released from prison till his death.
    • The convict was slapped with a fine of Rs 4,500.
    • He was also sentenced to six months of imprisonment for threatening to kill his daughter.
    • The incident took place in Thanjavur, Tamil Nadu.
  • Saba Karim’s son arrested for running over woman, gets bail
    • Former Indian cricketer Saba Karim’s son was arrested for allegedly running over a woman in south Mumbai.
    • A case was registered against him when doctors revealed that she had sustained injuries.
  • Out on bail, Sadaf says was tortured and called Pakistani
    • Social activist and Congress spokesperson, Sadaf Jafar was released on bail after her arrest on December 19 following the violence in Lucknow during the anti-CAA protests.
    • She alleged that she was tortured in police custody and called a Pakistani.
    • Lucknow police denied the charges.
  • HC seeks UP reply on ‘police excesses’ against protesters
    • The Allahabad High Court issued notice to the UP government over alleged police excesses against protesters during anti-CAA protests in Muzaffarnagar and Bijnor districts.
    • The notice came after the HC took cognizance of an email to the Chief Justice by Mumbai-based lawyer Ajay Kumar.
    • He had sought a judicial inquiry into the incidents in the two districts.
  • HC directs NHRC to probe ‘rights violations’ at AMU
    • The Allahabad High Court has directed the National Human Rights Commission (NHRC) to probe alleged human rights violations.
    • The allegations are with regards to the police action at Aligarh Muslim University (AMU) on the evening of December 15.
    • The students were protesting against police brutality at Delhi’s Jamia Milia University.
    • The bench directed the NHRC to complete the investigation within a month, and listed the matter for February 17.
    • NHRC Chairman: Shri H.L. Dattu

Formed: 12th October, 1993

  • SC asks Solicitor General to look into PIL on currency exchange
    • The Supreme Court asked Solicitor General Tushar Mehta to look into the PIL.
    • It had sought a CBI probe into the exchange of currency notes worth Rs 30 crore by the Jammu branch of the Reserve Bank of India in 2013.
    • The currency notes were allegedly defaced by a separatist group.
    • Bench headed by CJI told Mehta that the matter may be of national importance and that be looked into.
  • Sabarimala review pleas: CJI to head SC bench to hear related matters
    • A nine-judge constitution bench of the Supreme Court headed by Chief Justice of India S.A. Bobde will start hearing matters arising out of the Sabarimala review petitions from January 13.
    • The bench will also comprise Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, Mohan M Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, B.R. Gavai and Surya Kant.
    • A bench headed by the then CJI Dipak Misra and comprising Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra had by a 4:1 decision on 28 September, 2018, lifted age restrictions on the entry of women to the Sabarimala hill shrine.
  • HC asks Sadhguru’s foundation to disclose amount raised for drive
    • The Karnataka High Court asked the Isha Foundation to file an additional affidavit disclosing the amount it has collected for ‘Cauvery Calling’ initiative
    • Foundation was also asked about the manner in which the funds had been raised.
    • Isha Foundation is run by SadhguruJaggi Vasudev.
  • SC directs govt to refund RS 104 crore to RCom
    • The Supreme Court rejected the Centre’s plea challenging TDSAT’s order directing refund of around Rs 104 crore to Reliance Communication.
    • TDSAT: Telecom Disputes Settlement and Appellate Tribunal

Founded: 29th May, 2000

Headquarters: New Delhi

Chairperson: Mr. Shiva Kirti Singh

  • Pakistan’s National Assembly passes Bills to extend Army chief’s tenure
    • Pakistan’s lower House of Parliament passed three crucial Bills to give extension to Army chief Gen Qamar Jawed Bajwa for another three years.
  • Weinstein faces new sex crime charges
    • Hours after Weinstein’s New York trial started on 6th January, 2020, Los Angeles District Attorney Jackie Lacey charged Weinstein with the sexual assault of two unidentified women in 2013.
  • Japan seeks arrest of Ghosn’s wife amid efforts to snare him
    • Japanese prosecutors issued an arrest warrant for Carlo Ghosn’s wife for alleged perjury.
    • Official have stepped up efforts to bring the fugitive car industry boss back to face trial on financial misconduct charges.
    • The former Nissan Motor and Renault chairman, Carlo Ghosn, had fled to Lebanon last month from Japan.
  • HCs may give different orders, so call all anti-CAA petitions, Govt tells SC
    • The Supreme Court will hear on January 10 a plea by the Centre seeking transfer of petitions challenging the Citizenship (Amendment) Act, 2019 pending before various High Courts to the top court.
    • Reason put forward by the Centre was that there was a possibility that High Courts may give different orders leading to confusion.
  • HC raps JNU: Let PhD scholar re-register for programme
    • The Delhi High Court pulled up Jawaharlal Nehru University over its handling of an alleged sexual harassment case.
    • It was filed by a research scholar against two professors of the University.
    • The court ordered that she be allowed to re-register into the PhD programme and be provided hostel facilities.
    • Following her filing of complaint before the Internal Complaints Committee (ICC) of JNU, ICC had recommended to allow her to re-register for the programme.
  • SC notice to Centre on plea for status for Dalit Christians
    • The Supreme Court issued notice to the Centre on a plea seeking Scheduled Caste (SC) status for Dalit Christians.
    • Appearing for the petitioner, National Council of Dalit Christians, advocates told a bench of CJI, Justices Surya Kant and B.R. Gavai that change in religion does not change social exclusion.
    • The CJI remarked that the same argument could be raised in the case of Muslim community as well.
    • He added that the court will have to hear the matter in detail.
  • Sabarimala Board may change its stance on entry of women
    • Travancore Devaswom Board, which runs the hill shrine in Kerala, is likely to depart from its earlier stand favouring entry for women of all ages.
    • Earlier the Board had vehemently opposed the review petitions and supported the court’s verdict.
    • But in November 2019, after SC kept review petitions on hold, the government pointed to “grey areas” in the judgment.
    • It indicated that it is “not going to take young women to the temple”.
    • This comes after the Left’s rout in 2019 Lok Sabha polls.
  • HC directs CBI chief to appear on Feb 10 if probe not completed
    • Delhi High Court sought the presence of agency’s director on 10th Feb if the probe was not completed by then.
    • The probe deals with the alleged bribery and extortion case against its former special director Rakesh Asthana.
    • The agency had failed to specify the time within which it will conclude the probe.
    • CBI: Central Bureau of Investigation

Director: Rishi Kumar Shukla

Founded: 1st April, 1963

Motto: Industry, Impartiality, Integrity

  • May reinvestigate Loya death if credible evidence presented: NCP
    • Maharashtra’s Home Minister Anil Deshmukh said the government could reinvestigate the death of Judge Brijgopal Harikishan Loya if someone approached it with a complaint in the matter.
    • Same was reiterated by the cabinet minister and Nationalist Congress Party (NCP)spokesperson Nawab Malik.
  • Maya Kodnani bail condition relaxed; can go out of Gujarat
    • An Ahmedabad court has granted relief in the bail condition of former BJP minister Maya Kodnani.
    • She was an accused in the Naroda Gam riot case.
    • The court allowed her to travel outside Gujarat for a period of six months.
  • Govt issues fresh regulations, focus on crimes against women
    • MHA has revised guidelines for seeking assistance from foreign countries through letters rogatory and under the Mutual Legal Assistance Treaty (MLAT).
    • The next time an agency approaches Ministry of Home Affairs (MHA) for assistance from a foreign country with regard to a crime against women and children, its request would be sent abroad within 10 days of receipt.
    • However, MHA has clarified that it cannot quantify the time period taken by the requested country to serve summons/notices/judicial processes on the witness.
    • MLAT: It is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws.
  • First Parliament session of 2022 in new building
    • To mark the 75th anniversary of its independence, the Indian Parliament will hold its session in 2022 in a new Parliament house, said Om Birla.
    • The Lok Sabha Speaker Om Birla spoke at 25th Conference of Speakers and Presiding Officers of the Commonwealth (CSPOC) in Canada.
  • Pak Senate passes Bills to extend Bajwa tenure
    • Pakistan’s Upper House of Parliament passed three bills to give extension to Army Chief General Qamar Jawed Bajwa for another three years.
    • The Bills extend the retirement age from 60 to 64 years for the chief of Army, Navy and Air Force, and the chairman of the Joint chief of staff committee.
  • US Senate leader: Will proceed on impeachment trial even with no witnesses deal
    • Senator Mitch McConnell, Senate majority leader said that he planned to move forward with US President Donald Trump’s impeachment trial without committing to calling witnesses or hearing new evidence.
  • ‘Overvaluation of coal imports’: SC revives probe against Adani firm
    • The Supreme Court stayed the Bombay High Court order quashing the Letters Rogatory (LRs) sent by the Directorate of Revenue Intelligence (DRI) to Singapore, Dubai and Hong Kong.
    • The LRs were in connection with investigation in the case of alleged overvaluation of Indonesian coal imports by an Adani group company.
    • The bench comprised of CJI S.A. Bobde and Justices B.R. Gavai and Surya Kant.
  • IOC to discuss Russia’s Tokyo inclusion after CAS verdict
    • The International Olympic Committee (IOC) will not discuss the details of Russian athletes’ participation at the Tokyo 2020 Games until after a final ruling from the Court of Arbitration for Sport (CAS).
    • The World Anti-Doping Agency (WADA) in December banned the country’s colours and anthem from events, including Olympics, for four years.
    • The ban came as a punishment for having provided WADA with doctored laboratory data.
  • Court overturns clean chit to Adanis in share-rigging case
    • A Mumbai sessions court overturned a 2014 order of a lower court which had discharged Adani Enterprises Ltd (formerly Adani Exports Ltd), its chairman Gautam Adani and managing director Rajesh Adani.
    • The case involved alleged cheating and manipulation of share prices of AEL through entities controlled by Ketan Parekh.
    • Ketan Parekh isa stockbroker and main accused in India’s biggest stock market scandal dating back to 1999-2000.
    • Almost three years after the government filed a revision petition against the lower court order, the court of Additional Sessions Judge D E Kothalikarmade an observation.
    • It observed that an investigation by the fraud investigation office of the government has “prima facie” established that the promoters of the Adani group and Ketan Parekh made “unlawful gain” of around Rs 388.11 crore and Rs 151.40 crore respectively via alleged manipulation of the shares of AEL, the flagship firm of Adani Group.
  • There’s so much violence, the endeavour must be for peace, says CJI on CAA
    • The Supreme Court flagged its concern over the “violence” in the wake of amendments to the Citizenship Act.
    • It observed that the endeavour must be to ensure peace.
    • It expressed surprise at the prayer to declare the Act as Constitutional, saying there was already a presumption of constitutionality to a law passed by the Parliament.
    • The bench comprised of CJI S.A. Bobde, Justice Surya Kant and Justice B.R. Gavai.
  • 23 years later, gangster Lakdawala arrested
    • Fugitive gangster Ejaz Lakdawala was arrested by the Mumbai Police in Patna.
    • He was wanted in connection with several extortion cases.
    • There are at least 25 cases against him in Mumbai, and over 80 complaints of extortion against him.
  • Former Allahabad HC chief justice quits as Lokpal member
    • Former Chief Justice of Allahabad High Court, Dilip B Bhosale, has tendered his resignation.
    • The resignation came within less than 10 months after he was appointed as a judicial member of the anti-corruption ombudsman Lokpal.
    • The resignation was tendered citing “personal reasons”.
  • Sedition cases doubled in 2 years, Jharkhand is No.1, says NCRB
    • The number of sedition cases registered across the country doubled from 35 in 2016 to 70 in 2018, according to latest data released by the National Crime Records Bureau (NCRB).
    • Jharkhand topped the list of states in sedition cases with 18.
    • Assam topped the list of offenders with 27 persons booked in 17 cases.
  • Younger generation showing how to protest peacefully: Bombay HC
    • A division bench of Justice S.C. Dharmadhikari and Justice R.I Chagla made the observation.
    • The bench was hearing a petition filed by NGO Wecom Trust seeking restrictions on the use of Shivaji Park in Dadar for non-sporting activities.
  • AGR Review: SC declines telcos’ demand for open court hearing
    • The Supreme Court has refused an open court hearing on petitions of telecom operators like Bharti Airtel, Vodafone Idea and Tata Teleservices, seeking a limited review of its October 24, 2019 order.
    • The order had asked the companies to pay license fee and spectrum usage charges on their overall revenues within three months.
    • Those revenues included even those accruing from streams which are not part of telecom license.
    • Instead of an open court hearing, the apex court Bench led by Justice Arun Mishra is likely to conduct the proceedings in its chamber.
  • SC: Freedom of speech via Internet is protected, review J&K restrictions
    • A three-judge bench ruled that the order suspending internet indefinitely is impermissible.
    • The bench comprised of Justices N.V. Ramana, R. Subhash Reddy and B.R. Gavai.
    • It ruled that “freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of Internet enjoys constitutional protection under Article 19(1) (a) and Article 19(1) (g)”.
    • The Supreme Court directed the Jammu & Kashmir administration to “review all orders suspending Internet services forthwith” since “an order suspending Internet services indefinitely is impermissible”.
    • It said “restriction upon such fundamental rights should be in consonance with the mandate under Article 19(2) and (6) of the Constitution, inclusive of the test of proportionality”.
    • The Court gave the ruling on petitions by Kashmir Times Executive Editor Anuradha Bhasin and Congress leader Ghulam Nabi Azad.
    • They had challenged the curbs imposed in J&K following the abrogation of Article 370 last year.
    • They had also sought to remove the cloak of secrecy surrounding orders for Internet shutdown and prohibitory orders under Section 144.
  • Govt notifies CAA, rules yet to be framed
    • The Citizenship (Amendment) Act shall be effective from January 10, 2020.
  • Relief for Tata Sons as SC stays NCLAT order on reinstating Mistry
    • The Supreme Court observed that the December 18 order of NCLAT had “lacunae” and was “sorely lacking”.
    • The court said that there was no prayer in the petition for reinstatement of Mistry, but thetribunal went ahead with it and ordered that.
    • A three- judge bench of CJI SA Bobde, Justices BR Gavai and Surya Kant refused to accept the plea of Mistry’s counsel.
    • He had pled that the entire NCLAT need not be stayed as Mistry had made it clear that he was not interested in returning to Tata Sons.
  •  Why delay in appointments cleared by Collegium: SC to govt
    • The Supreme Court asked the Centre about the delay in appointment of judges cleared by the apex court Collegium for the High Courts.
    • It asked the Attorney General to inform it in 4 weeks whether appointments can be made possible within six months of such recommendations.
    • A bench of Justices S K Kaul and K M Joseph stated that “High Courts were reaching a collapsing stage”.
  • Shah launches national platform for reporting cyber-crimes online
    • Home Minister Amit Shah inaugurated the Indian Cyber Crime Coordination Centre (I4C) and the National Cyber Crime Reporting Portal.
    • Using these portals, people across the country can lodge their cyber-crime complaints online.
  • Delhi: Accused asked to sit with cops ‘to remove CAA doubts’
    • A Delhi court directed an accused in violence in North East Delhi’s Seemapuri during protests against the new citizenship law to appear before the IO or SHO at Seemapuri Police Station where policemen “shall make an endeavour to remove their doubts pertaining to the CAA”.
  • Human rights panel notice to Mumbai commissioner
    • In a first, the Maharashtra State Humans Rights Commission had intervened in a triple talaq case.
    • It took suo-moto cognizance after the police allegedly refused to register an FIR despite the enactment of Muslim Women (Protection of Rights on Marriage) Act, 2019.
    • The commission through a notice to the Mumbai Police commissioner on January 1, has asked for an enquiry into the matter.
  • PNB seeks special court’s permission for release of Nirav Modi’s assets
    • PNB claimed that recoveries made from the sale of immovable and movable properties of diamantaire Nirav Modi will be ‘a necessary boost to the economic health of the country in the long run’.
    • Modi is named as accused by both the Enforcement Directorate and CBI for alleged fraud at the Brady House branch of PNB.