Current Legal Affairs (for the week of 15th to 21st Dec)
- Children often inherit crime, says Justice Chandrachud
- Delivered key note address at 5th National Juvenile Justice Consultation.
- It was organised by Supreme Court Committee on Juvenile Justice and UNICEF.
- Chairman of Supreme Court Juvenile Justice Committee: Justice Deepak Gupta.
- Ex-Sudan President Bashir gets 2 years of imprisonment for corruption
- Charges against Omar al-Bashir range from corruption to crimes against humanity, genocide and war crimes in Darfur region of Sudan.
- He has been wanted by the International Criminal Court since 2005, with two arrest warrants against him.
- He reportedly admitted to getting $25 million from Saudi’s Mohammad bin Salman, but plead not guilty to charges in court.
- Centre files transparency case affidavit in sealed cover
- With the Supreme Court set to hear the case on continuing vacancies at the Central and State information Commissions on December 16, the centre has filed its progress report in a sealed cover.
- The Commissions are the courts of appeal under the Right to Information Act and continuing vacancies lead to long delays in settling cases.
- On November 6, the Supreme Court had issued a show-cause notice to the Centre and several States on their progress in making timely and transparent appointments to the Commissions.
- Police likely to file ‘final report’ in Disha case by month-end
- Telangana to seek closure of case citing death of all accused in ‘exchange of fire’.
- The rape victim in this case was set ablaze by the four accused persons, all of whom died in a police encounter.
- Rape survivors in Kerala waiting for justice
- 5,314 cases pending in Kerala courts
- The delay in in delivering justice to the victims of the heinous crimes attains significance in the wake of reports of fresh atrocities committed and the rising demand for speedy justice.
- 21 days will not do for conviction in rape cases, says NCW chief
- Says states should adopt ‘realistic’ approach for concrete result.
- Statement comes after promulgation of new Disha Act by Andhra Pradesh government.
- Under the said Act, a period of 21 days is given to the police to complete investigation and the courts to convict accused in rape cases.
- National Commission for Women’s (NCW) Chairperson: Rekha Sharma
- Intoxication not a defence to a criminal charge says SC
- In a judgement by a Bench of Justices Ashok Bhushan and M.R. Shah, the court said intoxication was not a defence to a criminal charge.
- The Supreme Court said that defence of drunkenness was at the most a mitigating factor.
- But for that, the level of inebriation should be such that it leaves the accused incapable of having a “particular intention” to commit the crime.
- Intoxication, as such, is not a defence to a criminal charge.
- Many cases of blackmail and extortion in RTI says CJI
- Remarks were made by a bench of Chief Justice of India (CJI) S.A. Bobde, Justice B.R. Gavai and Justice Surya Kant.
- Bench was hearing a plea by Right to Information (RTI) activist Anjali Bharadwaj.
- The plea sought for direction to the Centre and states to implement the court’s direction earlier this year to appoint information commissioners (ICs) without further delay.
- Unnao rape case: Court convicts MLA Sengar, pulls up CBI
- Sengar was found guilty under Sections 376 (rape) of the IPC and Section 5(c) and 6 of the POCSO Act.
- Co-accused Shashi Singh was granted benefit of doubt and acquitted of all charges.
- SC agrees to hear Jamia issue, but says ‘rioting has to stop’
- The Supreme Court expressed displeasure over the “rioting” and “destruction of public property”.
- Bench comprised of CJI S.A. Bobde, Justice B.R. Gavai and Justice Surya Kant.
- Delhi High Court declines urgent hearing on police violence at Jamia
- HC declined to give urgent hearing on a plea seeking a judicial enquiry into police violence against students at Jamia Milia Islamia University.
- Bench comprising of Chief Justice D.N. Patel and Justice C. Hari Shankar said that “there is no urgency” in the matter.
- Finish probe into Tis Hazari clash by May 29: Delhi High Court
- Delhi HC gave time till May 29 to its judicial enquiry commission to complete investigation.
- The commission was set up to probe the clash between lawyers and police on November 2, 2019 at Tis Hazari court complex.
- Rappler journalist Ressa launches defence in libel case
- Philippine journalist Maria Ressa said she would not be silenced.
- She launched her defence against a libel charge that press advocates call an attempt to curb her news site’s critical coverage of President Rodrigo Duterte.
- Her site Rapplerhas written extensively and often critically on Duterte’s policies.
- NCLT dismisses ArcelorMittal plea over EPC Construction
- The National Company Law Appellate Tribunal (NCLAT) dismissed global steel major ArcelorMittal’s petition.
- The petition challenged approval of Royale Partners Investment Fund’s resolution plan by the creditors of debt-ridden EPC Construction India Ltd (ECIL).
- A three-member NCLAT bench headed by Chairman Justice S.J. Mukhopadhaya dismissed ArcelorMittal plea.
- It observed that it has “no vested fundamental right to challenge the plan approved by the Committee of Creditors (CoC) of ECIL”formerly known as Essar Projects India.
- Chairman of NCLAT: Justice S.J. Mukhopadhaya.
- Indonesia files WTO palm oil suit as tensions with EU grow
- The suit was filed against the European Union (EU).
- Itclaimed the bloc’s restrictions on palm oil-based biofuel are unfair.
- NCLAT: Mistry removal illegal, functioning of Tatas oppressive
- The National Company Law Appellate Tribunal (NCLAT) restores Cyrus Pallonji Mistry as the Executive Chairman of Tata Sons and director in the Tata Group for the rest of his tenure.
- The appointment of another person in place of Mistry – N. Chandrasekaran – was also illegal.
- The bench also held that the day-to-day affairs at Tata Group were being conducted in a ‘prejudicial’ and ‘oppressive’ manner towards the other shareholders of the company, including Mistry.
- Hence, it was held by the Bench that it was a case fit for passing of “winding-up order” against the company.
- The NCLAT ruling in favour of the Cyrus Mistry faction covers four grounds: interest of minority shareholders, “haste” in removal of Mistry, “oppression” of minority shareholders and “mismanagement” at Tata sons.
- 4 guilty in 2008 Jaipur blasts case, 1 gets benefit of doubt
- A Special court in Jaipur convicted four people in connection with the 2008 serial blasts in the city, which killed 81 people and injured 185 others.
- A fifth person was acquitted, with the court giving him the benefit of doubt.
- Special Judge Ajay Kumar convicted the four residents of Azamgarh, Uttar Pradesh.
- Slamming govt for violating rights, J&K High Court scraps five PSA detention orders
- Over the last month, the Jammu and Kashmir High Court has quashed orders passed under the Public Safety Act by the Jammu and Kashmir administration.
- It ruled that the administration did not communicate the grounds of detention to the detained persons violating fundamental rights guaranteed under the Constitution.
- The Court said that the orders violated Article 22(5) of the Indian Constitution.
- Article 22(5) mandates the government to communicate to the detained person grounds on which the order has been made – and afford them the earliest opportunity of making a representation against the order.
- No stay on CAA, Supreme Court issues notice to Centre
- Refusing to stay the Citizenship (Amendment) Act (CAA), 2019, the Supreme Court issued notice to the Centre on a clutch of 59 petitions, challenging the amendments.
- The Court said that it would hear the matter on January 22, 2020.
- The Bench also instructed Attorney General K.K. Venugopal to ask the government to publicise the provisions of the Act to remove any confusion.
- The Bench comprised of CJI S.A. Bobde, Justice B.R. Gavai and Justice Surya Kant.
- Ex- Pakistan military ruler Gen. Pervez Musharraf gets death sentence
- A Special court in Islamabad sentenced former military ruler General Pervez Musharraf to death for high treason under Article 6 of Pakistan’s Constitution.
- The case against Musharraf began in December 2013, six months after Nawaz Sharif, whom the General had ousted in 1999, returned to power.
- With the Pakistani Army publicly backing Musharraf, the government also has decided to defend him during the hearing of an appeal against the “unfair” verdict.
- Japan journalist wins high-profile #MeToo case
- Japanese journalist Shiori Ito won her civil lawsuit seeking damages from a prominent reporter who allegedly had raped her.
- A Tokyo court ordered TV journalist Noriyuki Yamaguchi to pay 3.3 million yen ($30,375) in damages to Shiori Ito.
- RBI defends its nod to sack Chanda Kochhar from ICICI Bank
- The Reserve Bank of India (RBI) told the Bombay High Court that its decision to grant approval to ICICI bank for termination of appointment ofChanda Kochhar as MD and CEO was fair and not arbitrary.
- Chanda Kochhar was accused of playing a role in grant of out-of-turn loans of Rs 3,250 crore to Videocon group, which allegedly benefitted her husband, Deepak Kochhar.
- Pakistan court adds grisly ‘hang for three days’ rider to Musharraf sentence
- A Pakistan special court issued an order stating that Musharraf’s corpse should be dragged to Parliament and be hung for three days if he dies before his execution.
- Expelled BJP MLA Sengar gets life term in Unnao rape case
- A Delhi court sentenced expelled Bhartiya Janata Party’s (BJP) Member of Legislative Assembly (MLA) of Uttar Pradesh to life imprisonment “for the remainder of his biological life”.
- District Judge Dharmesh Sharma also imposed a fine of Rs. 25 lakhs on Sengar.
- 10 lakhs out of the fine will be given to the victim and the rest would go to the UP government for the costs incurred during trial.
- Jamia Protests: Contempt action sought for sloganeering in Delhi HC
- Several advocates urged initiation of contempt of court action against lawyers who had chanted “shame, shame” inside the Delhi High Court Chief Justice’s courtroom.
- This incident took place when some advocates had failed to get interim protection for students protesting against the new citizenship law in New Delhi.
- Four sentenced to death in 2008 Jaipur blasts case
- A Special court sentenced four persons to death in connection with the 2008 Jaipur bomb blasts.
- Ajay Kumar Sharma, special judge for Jaipur bomb blast cases sentenced the four to death under IPC Section 302 (murder) and Section 16(1a) of Unlawful Activities (Prevention) Act.
- Pak Bar Council slams Army for criticising court verdict in Musharraf treason case
- Pakistan bar Council slammed the Pakistan Army for criticising the judgement against General (retd) Pervez Musharraf.
- It termed such action a clear-cut violation of the legal and constitutional provisions which amounts to contempt of the court.
- Duterte says won’t answer to ICC: ‘Jail me, Hang me’
- Philippine President Rodrigo Duterte refused to answer the International Criminal Court (ICC) regarding extra judicial killings in his war on drugs.
- He refused to co-operate with foreigners if put on trial.
- NCLT gives nod to 90-day extension for Jet Airways CIRP period
- The National Company Law Tribunal (NCLAT) approved extension of Jet Airways insolvency resolution period by 90 days.
- The Committee of Creditors (CoC) sought extension of Corporate Insolvency Resolution Process (CIRP) of Jet Airways from the Mumbai bench of NCLT.
- Google fined $166 million by France
- France’s competition authority has fined Google 150 million euros ($166 million) for “abusing its dominant position” in the online ad market.
- It said that methods used by Google Ads are “opaque and difficult to understand” and the company applies them in an “unequal and arbitrary way.”