Prolawctor Daily News Update| 19 September 2020

Prolawctor Daily News Update

LEGAL NEWS

PIL moved to the Punjab and Haryana HC for the implementation of D.K. Basu Guidelines by Police officials

The action came as a result of protests from Punjab and Haryana farmers against the bills introduced by the Centre in the Lok Sabha on September 14th, 2020; on food and agriculture reform. In order to suppress the agitation and therefore taking advantage of the situation, some unknown and unauthorized persons disguised as police officials attacked the protestors.

The PIL moved in the HC requires the mandating of wearing proper, clear and visible identification name tags along with their uniforms according to their designations by the police officials while discharging their duties and therefore implementing the SC guidelines in D.K. Basu v. State of West Bengal.

The Bombay HC at Goa held that the State quota rule of reservation is not applicable to the All India Quota Seats

A writ petition was filed by the United Tribals Association Alliance Society in the Bombay HC, challenging the non-extension of the benefit of reservation (as per rule contained in the State’s Notification dated September 7th, 2007) available for the seats from original State Quota to the reverted seats.

The HC has held that the State quota seats’ rule of reservation does not apply to the seats reverted from All India Quota, though such seats are available to the State for allotment.

The Bombay HC at Goa ruled that the Lokayukta instituting certain persons as parties to a proceeding while exercising suo-motu power is not violation of natural justice

A writ petition was filed by members of a panchayat, who were added as parties to the proceedings without prior notice, challenging the “procedural impropriety” in Lokayukta.

The Court rejected the petition and concluded that giving notice to every proposed party inevitably results in delay and “docket deluge clogging the judicial avenues, is an unaffordable luxury”.

The Court further held that such addition of parties to a proceeding by the Lokayukta without prior notice while exercising its suo-motu power is not in violation of the principles of natural justice.

The Patna HC asked the State Government to extend financial and economic support to the Transgender community members

The Court remarked;

“For economic sustenance, noticeable at this point of time, the Government is extending financial support to Rs. 1500/- per person, perhaps, which amount should be increased considering the total members of the transgender community in Bihar not mere than 40,000.”

The Division Bench of Justice Sanjay Karol and Justice S. Kumar further issued this order in a petition emphasizing on the greater problems faced by the transgender people in the state in these crisis times of COVID-19 pandemic, particularly owing to the financial and economic backlash sustained by majority of them.

The Madras HC rejected the bail plea of suspended Suthankulam police inspector involved in the twin killing of father-son duo Jayaraj-Bennix

The Madras HC (Madurai Bench) on 17th September, 2020 dismissed the bail plea of suspended police official S. Sridhar.

The Court further ruled that the availability of prima facie materials prove that the suspended police inspector had repeatedly instigated his subordinates to torture and assault the deceased (i.e., P. Jeyaraj and his son J. Beniks) in police custody and therefore observed the presence and involvement of the suspended inspector in the alleged crime.

The Lok Sabha passed 2 bills for the farmers by voice vote

The Lok Sabha on 17th September, 2020 passed 2 bills with respect to the farmers for inter-State and intra-State trade and contract farming via voice vote, which are;

• Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020
• Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020.

The Agriculture Minister Narendra Singh Tomar further clarified that the proposed bills would not change the current status of the Minimum Support Price (MSP) and that the bills were for the benefit of the farmers by increasing competition and hence enabling the farmers to bargain at a higher price.

The Himachal Pradesh HC held that an accused under the SC-ST Act, can simultaneously apply under section 439 CrPC to surrender and seek interim bail

The Himachal Pradesh HC held that an accused under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989; can apply under section 439 of the Criminal Procedure Code offering to surrender and simultaneously obtaining interim bail. The Court further held that such an act does not amount to bypassing the restrictions mentioned in sections 18 and 18-A of the Act.

Delhi HC asked former Flight Lieutenant Gunjan Saxena, her view on Netflix biopic – The Kargil Girl

Gunjan Saxena was asked by Delhi HC to give her stand on the allegations which the  movie depicted the Indian Air Force (IAF) in a bad light and also, she was asked by Justice Rajiv Shakdher, to tell whether she was agreed with what had been shown in the film or not.

Senior advocate Krishnan said that Ms. Saxena had seen the film & felt that it glorified the IAF and further, he added that he would provide a proper response to the High Court’s specific queries.

It has been claimed by the Ministry of Defence & IAF in the suit that facts had been completely distorted in the film to give an impression of gender biasness and discrimination practiced by IAF to the public.

HC in previous hearings had refused to stay the streaming of the movie.

INTERNATIONAL NEWS

Legal triumph over inheritance law

High court of Hong Kong pronounced same sex couple to be treated equally under inheritance law.

The victory achieved on the same day of legal bid.

The legal bid was for full recognition of foreign same-sex marriage to be struck down.

Bacterial disease spreads in China

• Northwest china tests positive of bacterial disease.
• The disease spread after a leak from biopharmaceutical plant making animal vaccines in 2019.
• The plant used expired disinfectant in the production of vaccines for Brucellosis.
• The plant was owned by state.
• Thousands of people tested positive.

Greenhorn Mohamed Hussein Roble to replace Hassan Ali Khaire

Mohamed Hussein Roble appointed by the President of Somalia to replace former Prime Minister Hassan Ali Khaire.

The president of Somalia is Mohamed Abdullahi Mohamed.

Elections to be conducted next year abandoning one person, one vote.

Exercise launched by China near Taiwan

China accentuate military activities.

18 military aircraft, including bombers, explosives, and fighter jets crossed the strait.

China states this exercise and combat drills are to guard its sovereignty.

Brazil Pantanal on more vicious fire than California’s

Average 53 extensive blazes each day recorded.

25000 sq. km destroyed.

Impeachment Proceedings Against Peru’s President

• Impeachment procedure against Martin Vizcara has started on 18 September
• Vizcarra is accused of interfering in corruption inquiry
• He passed the impeachment procedure with 65 votes in favour, 36 against and 24 absentees
• He is in power since 2018
• This process can take two months for coming at conclusion

Kosovo Awards Trump for His Efforts on Peace

U. S’s President was awarded with order of freedom by Kosovo

This is one the greatest award of Kosovo

Kosovo’s president Hashim Thaci presented the award to Trump

US to Bann TikTok and WeChat

• President’s administration said that these apps can be a threat to national security and can share the user data with China
• WeChat will shut down on 20 September
• People will be able to use TikTok till 12 November
• If the planned partnership between Oracle and ByteDance gets Trump’s approval then the app will not be banned

Arrest Warrant Against Nawaz Shareef

Pakistani government has sent arrest warrant against former Prime Minister of Pakistan

He was already bailed out from AL-Azizia Steel Mills Case 2018 in which he was sentenced for seven years and was allowed to go London for his medical treatment

WeChat Rebranded as WeCom

WeChat’s parent chain Tecent has rebranded it as WeCom

After U. S’s decision to ban WeChat and TikTok Tecent decided to rebrand WeChat

After downloading WeCom users can link their WeChat account with it

NATIONAL NEWS

Charge sheet was filed on the Kashmiri separatist leader’s wife on terror funding

• The wife of Shabir Shah – the Kashmiri separatist leader, Bilquies Shah was filed with the charge sheet by the Enforcement Directorate
• The charge sheet was filed regarding the terror funding in Jammu and Kashmir.
• It was said that Bilquies Shah was tangled in the money laundering.
• The property was found in Srinagar in the name of her and her daughters. The agency submitted the report regarding this.

Lockdown cost the loss of Rs. 2000 crore to 5 Metro rail corporations in centre

Due to the massive lockdown in the COVID -19 pandemic, the Metro rail corporations of five major cities such as, Delhi, Bangalore, Chennai, Kochi and Lucknow suffered the total loss of Rs. 2000 crore.

The individual losses because of stopping the services of those corporations are, Delhi – ₹1,609 crore, Bangalore – ₹170 crore, Chennai – ₹80 crore, Lucknow – ₹90 crore, and Kochi – ₹34.18 crore.

It was addressed by the minister that it was a state issue the metro service includes the debt servicing also.

The possibility of COVID – 19 vaccines by next year – Health Minister

On Thursday, In Rajya Shaba, it was said by the Union Health Minister that by the beginning of next year, the vaccine for COVID -19 vaccine will be made available.

Minister Harsha Vardhan held that the solution to the cure is being worked by the Indian Council of Medical Research (ICMR) with the association with Science and Technology and various Drug companies.

The implement procedures and managing issues are being discussed.

To support artisans Ministry of MSME has released new guidelines

• Government will provide clay blunger, pottery wheel, granulator etc. For the pottery activities. They will be also provided with wheel pottery training and press pottery training.
• A total of 6, O75 artisans will be benefited from this scheme of government.
• Financial support of Rs. 19.50 crores will be provided in the year 2020-21
• A total of 2,050 beekeeper, farmers will be benefited from this scheme.
• Financial support of Rs 13 crores will be provided to beekeeper and farmers.

To strengthen connectivity in Bihar Prime Minister Narendra Modi inaugurated kosi rail mahasetu and 12 other rail infrastructure projects

This project will include two railway lines, a new railway bridge on the kiul river ,five electrification projects ,a third line project Between barh-bakhtiyarpur and one electric locomotive sher. This project is worth Rs 3000 crores and it will help to strengthen the connectivity to Bihar, West Bengal and east India ‘ rail connectivity.

Rs 818 crores allocated by government to promote online learning in COVID-19

• Under Bharat Net Scheme internet access has been made to government institutions and improve internet access in rural areas.
• Initiatives like – Diksha platform, PM e- vidya, Manodarpan and E- tectbooks also benefited the students.
• Online content has been increased from 20 to 40 percent in regular degree programs.

Ministry of education has allocated funds for awareness about COVID in schools and institutions.

• Rs 304 crores has been allocated by Ministry of Education for the training of members of School Management Committee for COVID-19 awareness.
• Rs 153 crores has been allocated for media and community mobilization.
• For orientation of teachers on safety and security Rs 417 crores has been allocated.
• Under the composite school grant Rs 3771 crores have been allocated

BUSINESS NEWS

Reduction in MPs’ minister’s salaries

• On Friday, a bill was passed in a parliament for 30% reduction in salaries of MP’s ministers.
• The bill was introduced by Rajya Sabha.
• Lok Sabha has passed the Salary, Allowance and pension of members of parliament (Amendment) Bill, 2020.
• Both bills were taken simultaneously and passed by voice note.

Over 4.87 crore e-way bills were generated by Business and Transporters

• Business and transporters were generated over 4.87crore e-way bills, valued at over Rs13.85 lakh crore in August.
• E-way bills are required for inter-state movement of goods worth over Rs50, 000.
• As per the data of Goods and Services Tax network, there were 4.76 crore e-way bills, valued at over Rs13.66 lakh crore were generated in July.
• These differences are reflecting a pick-up in economic activity.

20% reduction in import of Masoor dal

• The Indian government has reduced the import of Masoor dal by 20% till October end.
• This move aimed at increasing availability in the domestic market.
• The import of lentil in India has been reduced 10% from countries other than U.S.
• India is the world’s largest consumer and importer of pulses.

India is engaging to review free trade agreement with ASEAN

• India is engaging to review free trade agreement with the 10-members ASEAN.
• The Association of South East Asian nations (ASEAN) members are Indonesia, Thailand, Singapore, Malaysia, Vietnam, Myanmar, the Philippines, Cambodia, Brunei and Laos.
• The ASEAN-India trade in goods agreement was fined on 13 August 2009 and came into force on 1 January 2010.

SPORTS NEWS

Nadal comes out victorious in first match in six months

Rafael Nadal beats in his first ever match in six months due to the worldwide covid-19 pandemic. He beat Pablo Carreno Busta by 6-1, 6-1 in Italian open and advanced to the 3rd round.

Neymar banned for two matches

In a match against Marseille he was issued a red card and has received two match ban. Ligue 1 has announced it would investigate the racism accusations.

Tour de France updates

Primoz Roglic has maintained his lead in fellow Tadej Pogacar atop the tournament standings after stage 18. He is leading by 57 seconds over Pogacar.