Page 10 - Law

Content having profanities cannot be regulated by criminalising it: SC

Availability of content having profanities and swear words on social media and OTT platforms cannot be regulated by "criminalising it as obscene", the Supreme Court said on Tuesday while quashing an FIR lodged against TVF and others for alleged obscenity in a web series. The top court set aside the Delhi High Court verdict of March 6, 2023, by which it had upheld an order of the Additional Chief Metropolitan Magistrate (ACMM) asking the Delhi Police to register an FIR in connection with an episode in web series, College Romance', against TVF, the show's director Simarpreet Singh and actor Apoorva Arora under the Information Technology Act. The apex court noted that the high court had taken the meaning of the language in its literal sense, outside the context in which such expletives have been spoken, and the order was a "disproportionate and excessive measure that violates freedom of speech, expression, and artistic creativity". We are of the opinion that the High Court was not ...

Hong Kong passes anti-dissent law, to come into effect from March 23

Hong Kong lawmakers passed a new national security law on Tuesday that grants the government more power to quash dissent, widely seen as the latest step in a sweeping political crackdown that was triggered by pro-democracy protests in 2019. The legislature passed the Safeguarding National Security Law during a special session Tuesday. It comes on top of a similar law imposed by Beijing four years ago, which has already largely silenced opposition voices in the financial hub. Hong Kong's Legislative Council, which is packed with Beijing loyalists following an electoral overhaul, expedited the process. Since the bill was unveiled on March 8, a committee held daily meetings for a week, following an appeal by Hong Kong leader John Lee to push the law through at full speed. The law threatens stringent penalties for a wide range of actions authorities call threats to national security, with the most severe including treason and insurrection punishable by life imprisonment. Lesser ...

Bilkis Bano case: One more convict moves SC against Jan 8 verdict

One more convict in the Bilkis Bano case has moved the Supreme Court seeking a review of its January 8 verdict cancelling remission of his sentence, contending that it cannot be challenged based on the nature of the crime and "society's cry for justice". The review plea filed by Ramesh Rupabhai Chandana said the top court erred while passing the impugned order and overruling judgment dated May 13, 2022, passed by another bench of the apex court. The Gujarat government and two of the 11 convicts have already filed a petition seeking a review of the January 8 verdict in which remission orders of all of them were cancelled and they asked to surrender. Listing reasons for seeking a review of the verdict, the plea said the top court bench erred in its finding "on the ground that the remission order passed by the competent authority cannot be challenged on factual grounds, inter alia, the nature of the crime, impact on society and society's cry for justice after the conviction and sentenc

SC rejects Adani firm's plea for over Rs 1,300 cr as LPS from Raj discom

The Supreme Court on Monday dismissed a plea of Adani Power Rajasthan Ltd seeking over Rs 1,300 crore as late payment surcharge from the Jaipur Vidyut Vitran Nigam Limited, a Rajasthan government-owned power distribution firm. Imposing Rs 50,000 as cost on Adani Power Rajasthan Ltd (APRL), a bench comprising Justices Aniruddha Bose and PV Sanjay Kumar ruled that filing of a miscellaneous application was not the proper legal recourse to late payment surcharge (LPS) by the Adani firm. Relief of this nature (claiming LPS) cannot be asked in a miscellaneous application which was described in the course of the hearing as an application for clarification, the bench said. The cost of Rs 50,000 imposed on APRL will be deposited with the Supreme Court Legal Aid Committee, Justice Bose said while reading out the operative portion of the judgement. The detailed judgement is awaited. The top court, on January 24, had reserved its judgement. The Jaipur Vidyut Vitran Nigam Limited (JVVNL), ...

UCC Bill passed by Uttarakhand gets President's assent, becomes law

The Uniform Civil Code Bill, passed by the Uttarakhand Assembly on February 7, has become a law with President Droupadi Murmu giving her assent to it. Uttarakhand is the first state in the country after Independence to adopt the UCC. "It is a moment of great joy and pride for people of the state that the Uniform Civil Code Bill passed by our government in the Uttarakhand Assembly has been approved by the Honorable President Smt Droupadi Murmu," Chief Minister Pushkar Singh Dhami said in a post on X. The President gave her assent to the Uniform Civil Code, Uttarakhand, 2024 under Article 201 of the Constitution of India on March 11, a gazette notification by the government of Uttarakhand said. "With the implementation of the Uniform Civil Code law in the state alongside providing equal rights to all citizens, the oppression of women will also be curbed," Dhami said. "#UniformCivilCode will play an important role in promoting harmony by proving the importance of social equality," he

EU lawmakers pass Act to regulate AI despite doubts about right balance

The landmark set of rules, in the absence of any legislation from the US, could set the tone for how AI is governed in the Western world

Delhi excise scam: Court extends Manish Sisodia's judicial custody

A Delhi court on Tuesday extended the judicial custody of jailed AAP leader Manish Sisodia in a corruption case related to the alleged Delhi excise scam. Special Judge M K Nagpal extended the custody of Sisodia till March 22 after he was produced before the court on the expiry of his remand. The judge passed the order after the CBI counsel claimed that the investigation was at a crucial stage and if released on bail, Sisodia may hamper the ongoing probe or flee from justice. The judge also reserved the order on the application of the accused raising objections to the commencement of arguments on the framing of charges. The court is likely to pronounce the order on March 22. The CBI as well as the ED have alleged that irregularities were committed while modifying the Delhi Excise Policy 2020-21, undue favours were extended to licence holders, licence fee was waived or reduced and licences were extended without the competent authority's approval. The beneficiaries allegedly diverte

UK ban on overseas care workers bringing family comes in force this week

Overseas care workers, including Indians, will be restricted from bringing dependant family members with them to the UK under new visa rules that come into force from this week. The UK Home Office had announced the plans earlier and on Monday said the new rules follow a "disproportionate" 120,000 dependants accompanying 100,000 workers on the care visa route last year. It is claimed the move will radically cut net migration to the UK and tackle visa abuse to bring down unsustainable levels of legal migration. Care workers make an incredible contribution to our society, taking care of our loved ones in times of need. But we cannot justify inaction in the face of clear abuse, manipulation of our immigration system and unsustainable migration numbers, said UK Home Secretary James Cleverly. It is neither right nor fair to allow this unacceptable situation to continue. We promised the British people action, and we will not rest until we have delivered on our commitment to bring numbers .

Home ministry notifies rules for implementation of citizenship law CAA

The rules for implementation of the contentious Citizenship (Amendment) Act, 2019 (CAA) are likely to be notified on Monday to facilitate the granting of citizenship to undocumented non-Muslim migrants from Pakistan, Bangladesh and Afghanistan, according to sources. Once the CAA rules are issued, the Modi government will start granting Indian nationality to persecuted non-Muslim migrants from Bangladesh, Pakistan and Afghanistan -- Hindus, Sikhs, Jains, Buddhists, Parsis and Christians -- who had come to India till December 31, 2014. The CAA was passed in December 2019 and subsequently got the president's assent but there were protests in several parts of the country against it. The law could not come into effect so far as rules have to be notified for its implementation.

Security tightened in parts of Delhi after govt notifies CAA rules

Security has been beefed up in northeast Delhi, Shaheen Bagh, Jamia and other sensitive areas across the national capital following the notification of Citizenship (Amendment) Act, 2019 (CAA) on Monday, officials said. Police personnel and paramilitary forces have also been deployed in some parts, with flag march being conducted in parts of northeast and southeast Delhi, they said. Delhi witnessed communal riots in 2020 over the CAA and NRC (National Register of Citizens). "Safety of every single common man of Delhi's northeast district is our responsibility," DCP northeast Joy Tirkey told PTI. He further said that intensive patrolling and checking is being carried out by northeast district police personnel and paramilitary forces for the safety of citizens in sensitive areas. Everyone is requested to follow the safety instructions, the officer said. "We have intensified night vigil along with paramilitary forces. No one will be allowed to breach the law and order situation. We to

Manipur violence: SC seeks report from state, CBI, NIA on status of probe

The Supreme Court on Monday directed the Manipur government, CBI and the NIA to file reports elaborating on the status of probe and the charge sheets filed in cases of ethnic-violence to help it take a decision on whether the trials can commence in Assam or be undertaken in Manipur. The top court, meanwhile, made it clear that it cannot issue directions to the state government and law enforcement agencies to maintain law and order in Manipur in the wake of a spate of violent incidents, armed protests, blocking of the highways and the attack on the residence of a district collector in the last two months. These are the matters where this court cannot give directions. We cannot be issuing directions to the civil society organisations to maintain law and order...The state government is there to maintain law and order, said the bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwla and Manoj Misra. It asked Attorney General R Venkataramani, appearing for the state ...

IPR laws facilitator, not barrier in process of research & development: FM

Intellectual property rights (IPR) laws, the policy are all being given a certain push as research and development are happening in very big scale in India now because the environment is being made conducive for that purpose, Finance Minister Nirmala Sitharaman said on Saturday. "So, we are trying to make them (IPR laws) as a facilitator, booster, and not certainly a barrier in the process of R&D. We've taken quite a few steps and I singularly thank the prime minister for this particular policy, which after a lot of consultation has come up in 2016," she said. The law is a balance of protection for those who innovate, and the commercial propositions with which patents can be of use for the society, she said at the book launch event of Justice Prathiba M Singh on Patent Law. Sharing details of the law, Sitharaman said, eight different items which have something to do with intellectual property have all been brought together under one umbrella. Everything to do with the policy ...

Over 11.3 million cases settled in first National Lok Adalat of 2024

In a significant stride towards fostering an accessible and inclusive justice system, the National Legal Services Authority (NALSA) successfully organised the first National Lok Adalat of 2024 in the taluks, districts and high courts of 34 states and Union territories on Saturday. According to information from the state legal services authorities from across the country as of 6 pm on Saturday, a total of 1,13,60,144 cases were settled at the first National Lok Adalat, including 17,14,056 pending cases and 96,46,088 pre-litigation cases. "The approximate value of the total settlement amount in these cases was Rs 8,065.29 crore. The number of settled cases will rise as reports are awaited from some State Legal Services Authorities," a release said. It added that the figures show the effectiveness of alternative mechanisms for dispute resolution, reflecting the success of the National Lok Adalat in achieving its objectives. "This National Lok Adalat marks a pivotal moment in NALSA's .

Mutual fraternity is necessary to maintain equality in country: CJI

Chief Justice of India D Y Chandrachud on Saturday said mutual fraternity is necessary to maintain equality in the country. Addressing a state-level 'Hamara Samvidhan Hamara Samman' campaign in Bikaner, the CJI asked how will the country progress if people fight with each other. "We should have respect for each other in accordance with the spirit of the Constitution," he said. Justice Chandrachud said that "human dignity was of supreme importance in the minds of the makers of our Constitution". "Dr Baba Saheb Ambedkar, as Chairman of the Drafting Committee, ensured that the Constitution promoted the values of justice, liberty and equality as well as the spirit of fraternity and dignity of the individual," he added. Justice Chandrachud said what it means to say is that "mutual brotherhood is necessary to maintain equality in the country. "How will the country progress if people fight each other? Therefore, when we say 'Our Constitution, Our Honour', we also have to emphasize that

Sena Vs Sena: SC questions speaker's verdict, summons original records

The Supreme Court on Thursday questioned the use of legislative majority test by Maharashtra Legislative Assembly Speaker Rahul Narwekar while deciding that Chief Minister Eknath Shinde-led faction was the real Shiv Sena, and summoned the original records relating to the disqualification row from the speaker's office. Hearing a plea of the Uddhav Thackeray faction against the speaker's order declaring the Shinde bloc as the "real political party" after the split in the Shiv Sena in June 2022, the top court also took note of the claim of senior advocate Harish Salve, appearing for the group led by the chief minister, about "forgery" in some relevant documents. The original records shall be summoned from the office of the adjudicating authority (speaker), said the bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra, and fixed the Thackeray faction's plea for hearing on April 8. The bench said it was keeping open the issue of maintainability of the

Electoral bonds: Petition seeks action against SBI for disobeying SC order

A petition has been filed in the Supreme Court seeking contempt action against the State Bank of India (SBI) alleging it "wilfully and deliberately" disobeyed the apex court's direction to submit details of contributions made to political parties through electoral bonds to the Election Commission by March 6. The plea, filed by two NGOs, claimed SBI's application seeking extension of time till June 30 to disclose the details of electoral bonds encashed by political parties has been deliberately filed at the last moment to ensure that details of donor and the amount of donations are not disclosed to the public before the upcoming Lok Sabha elections. A bench headed by Chief Justice D Y Chandrachud on Thursday took note of the submissions by advocate Prashant Bhushan, who appeared on behalf of NGOs Association for Democratic Reforms and Common Cause, that he wanted initiation of contempt proceedings against the SBI. Bhushan said the SBI's application is likely to be listed on March 11

People have right to clean air, water: SC on Vedanta's TN plant closure

People have a right to breathe clean air, drink clean water and live a life free from disease and sickness, the Supreme Court has said, while upholding the principle of sustainable development and coming down hard on polluting industries. In a reasoned order on the closure of the Vedanta group firm Sterlite Copper in Tamil Nadu's Thoothukudi, a bench headed by Chief Justice D Y Chandrachud said closure of industry is not a matter of first choice but the nature of violations by the unit and repeated and severe breaches of environmental norms would have left neither the statutory authorities nor the Madras High Court with the option to take any other view unless they were to be oblivious of their plain duty. The bench, also comprising Justices JB Pardiwala and Manoj Misra, had on February 29 dismissed an appeal of Vedanta Ltd. against the high court order upholding the closure of the copper smelting plant, closed since May 2018 over pollution concerns. "It is an undeniable and ...

CBI gets Shajahan Sheikh's custody from CID in ED official attack case

The CBI on Wednesday got the custody of Sandeshkhali ED official attack case accused Shajahan Sheikh from the West Bengal CID, following two orders by the Calcutta High Court to do so on two consecutive days. In a fresh directive on Wednesday, the high court directed the state government to "immediately implement" its Tuesday's judgement to transfer a case on the attack on Enforcement Directorate (ED) officials at Sandeshkhali to the CBI and hand over custody of the main accused Sheikh to the central agency. A team of CBI officials reached CID headquarters Bhawani Bhawan before 4 PM. But the handover from the state agency took place at around 6:48 PM, despite the Calcutta High Court setting a deadline of 4.15 PM. "Shajahan Sheikh was handed over to CBI," a CID official said. The CID took him to a state-run hospital for a medical check-up before handing him over to the CBI. The CBI officials are likely to take him to an ESI Hospital and then to Nizam Palace, the city office of the

Google rolls out changes for users, developers as EU digital rules loom

Changes to search results mean large intermediaries and aggregators will get more traffic while hotels, airlines, merchants and restaurants will get less, Google said in a blogpost

Apple on track to collide with EU as new Digital Markets Act kicks in

The world's most ambitious digital regulation is being closely watched by other nations, including Japan, South Korea, Turkey and the UK, which are contemplating their own versions