General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 08, 2022

Centre Appoints Justice Dinesh Kumar Sharma as Presiding Officer of UAPA Tribunal

The Centre appointed Justice Dinesh Kumar Sharma of the Delhi High Court as the Presiding Officer of the Tribunal for the Unlawful Activities (Prevention) Act (UAPA), related to the ban on the Popular Front of India (PFI) and its associates.
Once an organisation is banned under the provisions of UAPA, a tribunal is set up by the government to adjudicate whether there are sufficient grounds for the decision.
Justice Sharma was appointed as a judge of the Delhi High Court on 28th February, 2022, after being elevated from the Delhi Higher Judicial Service.

Govt. Asks CJI Lalit to Name Successor

As per reports, the government has written to Chief Justice of India Uday Umesh Lalit to name his successor.
As part of the procedure, the Law Minister writes to the CJI to name his or her successor.
Justice Lalit retires as the CJI on November 8.
Justice D.Y. Chandrachud is the senior-most judge after the CJI.
As per practice, the CJI names the senior-most judge as his or her successor.
Going by the established practice and convention, Justice Chandrachud would be the 50th CJI.

Manipur High Court Closes PIL Highlighting Difficulties Faced by Myanmar People

The Manipur High Court closed a Public Interest Litigation (PIL) filed highlighting the difficulties being faced by people from Myanmar who were taking shelter in the state of Manipur.
The Petition filed by the practicing Advocates of the High Court further sought directions to the State authorities to provide them adequate food, shelter, health-care and other basic necessities.
The Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran was informed that the Government of India was considering enactment of a comprehensive law relating to refugees but pending such enactment, a Standard Operating Procedure was floated on 29.12.2011 to deal with foreign nationals who were claiming the status of refugees. This Standard Operating Procedure was revised on 20.03.2019. In terms thereof, such foreign nationals are to be housed in designated camps or shelters, pending consideration of their claims for long term visas.

Oct 07, 2022

Delhi High Court Grants Bail to Foreigner for Spending almost Entire Sentence under NDPS Act

The Delhi High Court granted bail to a foreigner, after observing that he had spent almost the entire period of 10 years rigorous imprisonment awarded by a trial court, without his appeal having been heard in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 2020.
The order was passed by the single-judge Bench of Justice Jasmeet Singh on a petition filed by Nigerian national James Pascal, seeking suspension of sentence awarded by a trial court on June 8, 2020, under Section 21 (c) and Section 29 of the Act.
Section 21(c) provides punishment for contravention of provisions of the Act involving commercial quantity, whereas Section 29 provides punishment for abetment and criminal conspiracy.
As per the High Court, a convict spending nine years and six months in jail without having his appeal being heard, could not be the essence of the country's judicial system.
The petitioner contended that as per his nominal roll dated January 12, 2021, he had undergone imprisonment for seven years, seven months and 16 days. Since then, another period of one year and eight months had elapsed.

Oct 05, 2022

SC Notice to Centre on Rehab of Assaulted Women, Children

The Supreme Court asked the government to respond to a plea seeking victim protection protocol for the rescue and rehabilitation of sexually exploited women and children.
A Bench led by the Chief Justice of India asked the Centre to respond by October 31 to the plea filed by "Prajwala" after advocate Aparna Bhat submitted on behalf of the NGO that the apex court had in 2015 ordered setting up of the Organised Crime Investigative Agency (OCIA) to deal with the trafficking of women and children.
The NGO sought to highlight the fact that due to complete breakdown of all systems owing to the pandemic, trafficking had become rampant and rescue and rehabilitation work had been affected.

Oct 04, 2022

Delimitation in J&K: Centre, EC tell Supreme Court that No Challenge can be Accepted after Gazett...

The Central government and the Election Commission told the Supreme Court that the delimitation process in Jammu and Kashmir cannot be challenged, once the orders have been issued by the Gazette of India.
The Ministry of Home Affairs filed the submissions on behalf of the Central government and the Union Territory of Jammu and Kashmir.
The response was filed on a batch of petitions challenging the setting up of Delimitation Commission in J&K, calling it unconstitutional.
The Bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh had issued notice to the Central government and the ECI on the pleas further declaring increase in the number of seats in J&K from 83 to 90 as ultra vires the Constitution.
The Centre, seeking dismissal of the petition, termed it as nothing, but a frivolous attempt to challenge the orders of the Delimitation Commission.

Oct 03, 2022

Supreme Court Gives Ultimatum to Bar Council of India to Dispose of Complaints against Lawyers Wi...

Coming down heavily on the Bar Council of India over pendency of complaints, the Supreme Court directed BCI to either dispose of or transfer all the complaints it received against Advocates before December 31, 2022, so as to maintain the faith of the litigants over the justice delivery system and the profession itself.
The Bench of Justice M.R. Shah and Justice Krishna Murari had passed the order in September, on a contempt petition filed in connection with its verdict of December 17, 2021, in which the Apex Court, while taking into consideration Sections 35 and 36B of the Advocates Act, had directed BCI to issue appropriate directions to the concerned state Bar Councils to decide and dispose off the complaints within a period of one year from their date of receipt.
Flaying Senior Advocate and BCI Chairman Manan Mishra for cases pending for more than four years with the Council, the Bench told him to "do whatever," but maintain the discipline and purity of the profession.

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