Page 5 - Law

Former British soldier convicted of passing on sensitive info to Iran govt

A former British soldier whose audacious escape from a London prison spurred a dayslong search was convicted on Thursday of passing on sensitive information to the Iranian intelligence service. Daniel Khalife, 23, was found guilty by a jury in Woolwich Crown Court on violations of Britain's Official Secrets Act by collecting information useful to an enemy Iran. He was cleared of a charge of planting fake bombs in his military barracks. Prosecutors said Khalife played a cynical game by claiming he wanted to be a spy after he had delivered a large amount of restricted and classified material to Iran, including the names of special forces officers. Khalife testified that he had been in touch with people in the Iranian government but that it was all part of a ploy to ultimately work as a double-agent for Britain, a scheme he said he got from watching the TV show Homeland. The former soldier snuck out of a London prison in September 2023 while awaiting trial on the spying charges. Hesp

CJI backs advance letters for case withdrawals to streamline proceedings

Chief Justice of India Sanjiv Khanna on Wednesday emphasised the importance of preemptive communication in court processes and suggested that lawyers submit advance letters for case withdrawals rather than relying on oral submissions during hearings. The CJI has been taking several procedural steps to streamline the judicial process in the top court. On November 12, he said no oral submissions for urgent listing and hearing of cases would be permitted and urged lawyers to either send emails or written letters for it. On Wednesday, the CJI suggested lawyers file advance letters for case withdrawals rather than making oral submissions while hearing a transfer petition in a family dispute case. The counsel in the case informed the bench that the parties had resolved their differences and wished to withdraw the transfer petition. Granting the withdrawal, the CJI remarked that advance notice would enhance court efficiency. "If you have any such requests, you can always give a letter to

After SC's intervention, CAQM relaxes GRAP curbs for schools in Delhi-NCR

The Bench, comprising Justices Abhay S Oka and Augustine George Masih, also emphasised the urgent need for a decision by Tuesday

Consider restarting physical classes in NCR schools, colleges: SC to CAQM

The Supreme Court on Monday asked the Commission for Air Quality Management (CAQM) in the national capital region and adjoining areas to consider restarting physical classes in schools and colleges noting many students lacked mid-day meals and infrastructure to attend online classes. A bench of Justices Abhay S Oka and Augustine George Masih said a large number of students did not have air purifiers at home and therefore there may not be a difference between children at home and those attending schools. The top court, however, refused to relax the anti-pollution GRAP-4 restrictions in Delhi-NCR and said unless it was satisfied that there was consistent decrease in AQI levels, it cannot order curbs below GRAP-3 or GRAP-2. Noting that several sections of society, especially labourers and daily wagers, were adversely affected due to GRAP-4, the bench directed the state governments, where construction has been banned, to use funds collected as labour cess for subsistence to them. GRAP-

Relief for telcos as SC grants right to claim tax credits on infra duties

Overturns 2014 Bombay HC ruling classifying infrastructure items as non-capital goods

Separate law for offences against health care professionals not needed: NTF

A separate central law to deal with offences against health care professionals is not required as the state laws have adequate provisions to address day-to-day minor offences and serious ones can be addressed by the Bharatiya Nyaya Sanhita (BNS) 2023, the National Task Force (NTF) has recommended. The NTF was constituted by the Supreme Court on August 20 to formulate a protocol for ensuring safety and security of medical professionals in wake of the rape and murder of a postgraduate trainee doctor at RG Kar Medical College and Hospital in Kolkata. In a slew of recommendations made in its report, the NTF said 24 states have already enacted laws to address violence against health care professionals, whereby the terms "health care institutions" and "medical professionals" have also been defined. It said two more states have already introduced their Bills in this regard. The recommendations said most of the state laws cover minor offences and prescribe punishment for them and the major

Oilfield amendment bill to provide policy stability: Hardeep Singh Puri

A bill to amend the existing law governing exploration and production of oil and gas will provide policy stability to investors as also promote ease of doing business, Oil Minister Hardeep Singh Puri said on Friday. Speaking at the Geo India 2024 conference in Greater Noida, on the outskirts of the national capital, the minister said the government's reforms agenda to make it easier to find and produce crude oil (which is refined into fuels like petrol and diesel) and natural gas (which is used to generate power, make fertilizer or turned into cooking gas and CNG) will continue. He promised interference-free administration. "If you have a private sector company which is family owned, you still have interference. But if you have well run state oil companies as our oil firms are, and you have a minister like me, you will have zero interference. I have said that repeatedly," he said. The Oilfields (Regulation and Development) Amendment Bill, 2024 was introduced in the Rajya Sabha in .

HC seeks Centre's stand on Punia, Phogat's plea over WFI administration

The Delhi High Court on Wednesday sought the stand of the Centre and the WFI on a plea by celebrated wrestlers Bajrang Punia, Vinesh Phogat, Sakshi Malik and her husband Satyawart Kadian pressing that affairs of the federation be taken over by an IOA-ad hoc committee or a retired Supreme Court or High Court judge. Justice Prateek Jalan issued notice on the application by celebrated wrestlers Bajrang Punia, Vinesh Phogat, Sakshi Malik and her husband Satyawart Kadian which sought to restrain the present management of the WFI from taking any steps towards holding any selection trials. The court asked the Centre and the WFI to file in two weeks their response to the application, which forms part of the wrestlers' petition against the elections held in federation, and listed the matter for hearing on December 12. The senior counsel appearing for the petitioners said the WFI was being run by a "proxy" president and selection trials were being held at the cost of the wrestlers and in ...

India secures spot in global top-10 for all three major IP rights

India has secured a spot in the global top-10 for all three major intellectual property (IP) rights -- patents, trademarks, and industrial designs, the commerce and industry ministry said on Tuesday. It said India ranked fourth globally in trademark filings, with a 6.1 per cent increase in 2023. "Nearly 90 per cent of these filings were by residents, with key sectors, including health, agri, and clothing leading the way. India's trademark office holds the second-largest number of active registrations worldwide, with over 3.2 million trademarks in force, reflecting the country's strong position in global brand protection, it said. "The findings from WIPO's (World Intellectual Property Organization) World Intellectual Property Indicators 2024 showcase India's advancements in innovation and IP," it added.

SC rejects bail plea of Prajwal Revanna booked for rape, sexual assault

The Supreme Court on Monday denied bail to former JD(S) MP Prajwal Revanna, accused of rape and sexual assault. Rejecting the plea, a bench of Justices Bela M Trivedi and Satish Chandra Sharma observed Revanna was a "very influential person". Senior advocate Mukul Rohatgi, representing the politician, argued that the chargesheet had been filed in the case without the charge of Section 376 (rape) of the IPC. The bench, however, observed it could not interfere with the Karnataka High Court's October 21 decision denying him bail. Subsequently, Rohatgi sought the liberty to approach the court after six months. The bench said it could not say anything about it and dismissed the plea. In August, a special investigation team (SIT) in Karnataka which is probing four cases of sexual assault and harassment against Revanna submitted a 2,144-page chargesheet. The chargesheet pertains to an alleged rape case against the former MLA. Revanna is the son of Holenarasipura JD(S) MLA H D Revanna

Justice Sanjiv Khanna to be sworn in as the 51st CJI on November 11

Justice Sanjiv Khanna, who has been part of several landmark Supreme Court judgements such as scrapping the electoral bonds scheme and upholding abrogation of Article 370, will be sworn in as the 51st Chief Justice of India on Monday. President Droupadi Murmu will administer the oath of office at Rashtrapati Bhavan in a ceremony scheduled at 10 am. Justice Khanna will succeed Justice DY Chandrachud, who retired on Sunday, and his term will last until May 13, 2025. The Centre officially notified Justice Khanna's appointment on October 24 following Chief Justice Chandrachud's recommendation on October 16. Friday was the last working day of Justice Chandrachud as the CJI and he was given a rousing farewell by judges, lawyers and staff of the apex court and the high courts. Justice Khanna, who served as a Supreme Court judge since January 2019, has been part of several landmark judgements such as upholding the sanctity of EVMs, scrapping the electoral bonds scheme, upholding the ...

CJI Chandrachud: A legacy of verdicts that shaped society, controversy too

He has judgments such as the Ayodhya land dispute, the abrogation of Article 370 and the decriminalisation of consensual gay sex that shaped society and politics to his name. India's 50th chief justice D Y Chandrachud, known also for his many pithy statements, leaves an imprint all his own on the annals of legal history. Friday was the last day in court for Chandrachud, or DYC as he is often referred to, capping a long career as lawyer, Supreme Court judge and head of the country's judiciary. The ever articulate Chandrachud, who actually demits office on Sunday, penned more than 500 judgments, some panned and many praised. The Chandrachud legacy has a physical manifestation too - a reimagined Lady Justice'. The earlier Goddess of Justice' in Grecian robes with blindfold and sword has been replaced by a six-ft tall sculpture with scales in one hand and the Constitution in another. She is in a sari, with a crown and sans blindfold. While that created a stir so did the decision on his

Two FIRs lodged against actor Mithun Chakraborty for 'provocative' speech

Two FIRs have been lodged against actor-turned-politician Mithun Chakraborty for allegedly making provocative statements during a BJP event in Salt Lake area near Kolkata last month, police said on Wednesday. The complaints pertain to Chakraborty's speech on October 27 at the Eastern Zonal Cultural Centre (EZCC) in Salt Lake, during a BJP programme attended by Union Home Minister Amit Shah, who was in Kolkata to launch the party's West Bengal membership drive. The first FIR was filed at the Bidhannagar South police station based on a complaint by an individual, while the second was lodged at Bowbazar police station. "We have started an investigation into the case," a senior officer of Bidhannagar police said. Shah was also present at the programme, which was organised to kick off the West Bengal leg of the BJP's membership drive. Shah had also felicitated Chakraborty for being honoured with the Dadasaheb Phalke Award this year. Although Chakraborty was unavailable for comment, BJP

Even 'crutches' will not escape responsibility if Waqf Bill passed: Jamiat

Stepping up its campaign against the Waqf (Amendment) Bill, the Jamiat Ulema-e-Hind on Sunday urged TDP's Chandrababu Naidu and JD(U)'s Nitish Kumar to heed the sentiments of Muslims on the matter. It also cautioned that if the legislation is passed, the "two crutches" on which the BJP-led government is running at the Centre would not be able to escape responsibility. Jamiat chief Maulana Arshad Madani made the assertion at the prominent Muslim body's 'Save Constitution Convention' held here at the Indira Gandhi Indoor Stadium. "People of the country defeated the BJP. They did not accept their policies. This government is dependent on two crutches - a strong one is Chandrababu and the other is Bihar's Nitish Kumar. I had invited him (Naidu), he excused himself but has sent his party's vice president Nawab Jan. I look at this positively as he will convey the sentiments of the people gathered here," Madani said, gesturing to the large gathering of Jamiat functionaries and ...

HC quashes summons against ex-DU college principal in suicide abetment case

The Delhi High Court said decisions of a person holding a certain position may be harsh and impact an employee but they cannot be held liable for abetting a staffer's suicide in the absence of criminal intent. Justice Amit Sharma's observation came while quashing a trial court order summoning the former principal of B R Ambedkar College of Delhi University and a senior assistant working in the principal's office in a 2013 case of abetment to suicide of a woman staffer of the college. "A person holding a certain post, whether in a private sector or a public sector, in the course of duties has to take certain decisions which at times can be harsh causing hardship to an employee," the judge wrote in his October 29 order. The court further said in the absence of the requisite mens rea (criminal intent), the action could not be termed as one amounting to incitement or abetment under Section 306 of the IPC. "There cannot be an absolute rule and each case will depend on its facts and ...

Govt enforces new amendments to Rights of Persons with Disabilities rules

The government has enforced new amendments to the Rights of Persons with Disabilities (RPwD) rules, which aims to streamline the application process for disability certificates and Unique Disability Identity (UDID) Cards to improve accessibility and provide more efficient services for persons with disabilities. Under the new rules, individuals with specified disabilities can apply for disability certificates and UDID cards through the UDID Portal, submitting applications to their district medical authorities or medical facilities where they are undergoing treatment. The amendments also introduce color-coded UDID cards, signifying different levels of disability: White for disabilities below 40 per cent, Yellow for 40-79 per cent and Blue for those with 80 per cent or higher disability. Additionally, the new rules ensure that medical authorities must issue disability certificates and UDID cards within three months of a diagnosis. If an application remains unresolved for over two year

Lack of clarity in laws will lead to judicial intervention, says Amit Shah

Union Home Minister Amit Shah on Tuesday stressed the need for clarity in laws, stating that judiciary can intervene only when people responsible for drafting legislations leave "grey areas". He was addressing the Gujarat legislative assembly here as part of a day-long 'Legislative Drafting Training Workshop' organised for the officials of the assembly secretariat. "I know that whatever I am going to speak will create a controversy, but I want to tell you that the judiciary will intervene only when you leave any grey area in drafting the legislation. More clarity in the legislation, less the intervention of courts," Shah said in his address to the House, where MLAs, MPs as well as former legislators and Speakers were present. Citing the Modi government's move of abrogating Article 370, he said, "When the Article was drafted, it was clearly written that it is a temporary provision of the Constitution which can be removed through an amendment that can be passed through a simple ...

SC slams Finance Ministry for asking data from debts recovery tribunals

The Supreme Court on Monday pulled up the Union Finance Ministry for seeking data from the Debts Recovery Tribunals (DRT) over the amount recovered on the basis of the tribunals' orders and sought an explanation. A bench comprising Justices Abhay S Oka and Augustine George Masih said the ministry could not treat the judicial staff of the DRTs as its subordinates and owed an explanation for calling upon the tribunals to collect such huge data within a short time. "You are treating the judicial staff as if they are your subordinates. We expect an apology from the government. Such extent of collection of data is sought within three days. If you want data to be collected, additional staff as required by DRT should be provided. This will not be tolerated. Some of them are judicial officers you are treating them as subordinates," the bench said. The top court expressed its surprise over the DRTs carrying out such an exercise. "The secretary of the department concerned shall look into the

SC stresses on uniform standards for student safety at coaching centres

The Supreme Court on Monday stressed on having "uniform standards" to the extent possible to ensure safety and security of students studying at coaching centres. A bench of Justices Surya Kant and Ujjal Bhuyan was hearing a matter related to the deaths of three civil service aspirants at a coaching centre in the national capital in July due to the flooding in the building's basement. On July 27, the three students drowned in the basement library of Rau's IAS Study Circle in Delhi's Old Rajinder Nagar area after it was flooded following heavy rains. The top court was informed by senior advocate Siddharth Dave, who is assisting the top court as an amicus curiae, about the broad areas that required attention. Dave referred to the aspects of fire safety, fee regulation, student to classroom area ratio, student to teacher ratio, installation of CCTVs, medical facilities, mental health care and counselling for those studying at coaching centres. He suggested that all states be impleaded

'Judge resigning for polls may impact public perception of impartiality'

A judge resigning from office to immediately contest elections may affect the public perception of his impartiality, Supreme Court Justice BR Gavai said and asserted judicial ethics and integrity are fundamental pillars that uphold the credibility of the legal system. Justice Gavai was addressing an annual conference for judicial officers of Gujarat on Saturday. "Judicial ethics and integrity are fundamental pillars that uphold the credibility of the legal system. A judge's conduct while on the bench and off the bench must be in consonance with the highest standards of judicial ethics. A judge praising a politician or a bureaucrat while in office and outside the scope of courtesy may affect the public's trust in the judiciary as a whole," he emphasised. "For instance, a judge of the Supreme Court of America had to apologize for comments criticising a presidential candidate. Another example is that if a judge resigns from his office to immediately contest elections it may affect ...