SC directed Himachal police to submit the investigation details of the Vinod Dua Case

The Supreme Court pulled up the Himachal Pradesh Police for neglecting to record the examination reports relating to the rebellion argument documented against columnist Vinod Dua. The Bench of Justices UU Lalit, Mohan M Shantanagoudar, and Vineet Saran took up the supplication documented by veteran writer Vinod Dua looking for insurance from coercive activity according to a FIR recorded against him in Shimla, Himachal Pradesh.At the beginning of the present hearing, Senior Advocate Vikas Singh, speaking to Dua, named the police cross examination as provocation. He guaranteed that Dua got similar inquiries from the police on different events, and that the police has wouldn’t outfit subtleties of the grumbling.

Asserting that Dua was a “mindful writer” with a remaining of around 45 years in the calling, Singh said that he reserved the option to condemn the administration under the ensured the right to speak freely of discourse and articulation. This privilege was being influenced by virtue of police’s activity against him, Singh submitted. The Court has now directed the police to place the details on record in a sealed cover (Vinod Dua v. Union of India).

(By- Adarsh Khuntia)

‘You cannot malign constitutional authorities like this’ – SG Tushar Mehta in a plea related to violence at Jamia Millia Islamia

During the hearing before Delhi HC in plea related to the violence during Jamia Millia Islamia (JMI) university protests, SG Tushar Mehta appearing for Delhi Police objected certain statements made by the petitioners in their rejoinder affidavit and said you cannot malign constitutional authorities like this.

Bench of Chief Justice D N Patel and Justice Prateek Jalan, was hearing a batch of petitions concerning violence that broke out at Jamia University last year following the Anti-CAA protest.

RGNUL Students File Complaint Before NHRC Against ‘Unjust’ And ‘Disproportionate’ Fee Being Charged

The State’ Cheif Minister and other concerned authorities wrote a letter addressing the Chief Justice of the Punjab and Haryana HC to grant fee relief for students of the Rajiv Gandhi National University of Law (RGNUL) in light of the COVID-19 pandemic and ensuing financial difficulties. The letter signed off by over 720 students of RGNUL points out that amid the COVID-19 pandemic and the consequent damage to the Indian economy, many parents/ guardians find it difficult to pay the fees for the next semester.

It is also mentioned that due to the premature closure of the campus amid the pandemic, a major portion of the fees paid for the summer semester remain unutilised. The letter adds that the students are conscious of the University’s liability to remunerate teaching/ non-teaching staff and other expenditure to be incurred regardless of the University’s closure.

All the same, the letter highlights that, “it does not seem rational and prudent to charge the fees for entire semester while the routine in-campus activities have been functional for just one and a half months. Further, the teachers have conducted classes and internal assessment for the semester through various online mediums. Hence, we assert that our request for the relief(s) is without prejudice to the portion of fees which are being spent by the University on salary remuneration to teaching/non-teaching staff.”

In this regard, it is also noted that fees such as Mess Fees, Moot Court Fees, Campus Development Fund, Heath Centre Fees, Gym facility Fees, etc. will not be utilized during this period. Further, it is noted that there would no requirement to incur internet, electricity, water and other utility charges as usual.

The students have, therefore, urged the concerned authorities to consider granting the following forms of fee relief, i.e.
• Exemption of Annual Increase in Tuition Fees for the next academic session; and
• Rebate in Late Fees (if any) applicable on payment of fees; and
• Partial Refund of ‘Fees’ already paid in lieu of the Balance (‘Fees’ including but not limited to Amenities Fee, Moot Court Fee, Mess Fee, Campus Development Fund, portion of Hostel Rent which remain underutilized).

(BY- SAMARTH GOGIA)

CHINA MAY GET IMMUNITY AGAINST ANY PROSECUTION RELATED TO COVID-19

As the COVID-19 pandemic has kept on negatively affecting the worldwide economy, a few nations are wanting to sue China for causing budgetary issues and a wellbeing emergency in their nations.

Nations like the US, India and Nigeria have censured China for neglecting to take prudent steps to stop the infection spreading comprehensively. At the hour of composing, 217,000 individuals have passed on because of the infection and the pandemic’s worldwide expense could run from US$2 trillion to US$4.1 trillion – 2.3-4.8% of worldwide (GDP).

Be that as it may, under global law, such a legitimate move is unthinkable. It is likewise not key, given China’s rising status as the new politically influential nation. Suing China for the COVID-19 pandemic is legitimately inconceivable under worldwide law. A rule created during the beginning of English rulers that “The King can’t be blamed under any circumstance”, called the Sovereign Immunity rule, forestalls the legislature or its political regions, divisions and offices from being sued in common or criminal suit.

In the current day, the standard methods no nation can be sued without its assent in local and worldwide courts. This implies China would need to agree to have prosecution recorded against it before it could be sued.As one of the world’s greatest banks, China holds, for instance, about 20% of the all out obligation in Africa. Accusing China is to chance making a circumstance where helpless countries experience difficulty getting credits in future. Similarly significant, China is the world’s driving wellspring of clinical supplies expected to control the infection, including careful veils. On the off chance that an antibody is ever evolved, China will likewise be a significant player in its creation, circulation and perhaps its development. Accordingly, it is foolish to censure China’s deception too uproariously. The Chinese government bears some obligation regarding the pandemic, yet we despite everything need its help to battle the infection.

(BY- ADARSH KHUNTIA)

Prurient gestures to children is sexual assault under Section 7 POCSO: Delhi High Court

Lascivious activities such as pulling down the leggings of a child victim and touching of the thighs is apparent of sexual intent and thereby forms an offence of sexual assault according to Section 7 of Protection of Children from Sexual Offences Act, 2012, Delhi High Court has held (Rajender vs State) . The judgment was declared by a single Judge Bench of Justice Sanjeev Sachdeva opposing the order of conviction issued by the Trial court against the Appellant. The Trial Court had condemned the Appellant for the affiance under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was imprisoned to undergo Rigorous

Imprisonment for a period of 5 years and to reimburse of Rs. 10,000.
The Appellant confronted that the entire complaint was an appendage of a loan transaction between the Appellant and the mother of the victim. It was disputed that there lied divergence of the contention of the victim and the statement of the prosecution was unreliable. The Prosecution disputed that the affidavit of the child victim and her brother were admirable and there was no evidence of any loan transaction. The Court notified that the Prosecution had presented 8 witnesses and scrutinized the depositions of the two children and their mother as recorded by the Trial Court .

The Court perceived that the Appellant had not effectively uphold any reason as to why the testament of the two children should be repudiated. In terms of Section 9 (m) of the POCSO Act, since the sexual assault was committed on a child below the age of 12, it would amount to exasperated sexual assault punishable under Section 10 of POCSO Act. The appeal was thereby dismissed.

(BY- VASUNDHARA DHAR)

THE NATIONAL INVESTIGATION AGENCY PLANNING TO FILE CLOSURE REPORT IN ITALIAN MARINER’S CASE

The National Investigation Agency (NIA) plans to close its case against Italian marines for killing two Indian fishermen off the Kerala coast in 2012, two officials familiar with the matter said on Saturday.
This comes after the Centre on Thursday asked the Supreme Court to dispose of the matter related to the jurisdictional issues of the case as it has agreed to accept a UN tribunal’s ruling that the two marines cannot be prosecuted. The five-member arbitral tribunal, under the UN Convention on the Law of the Sea, said India is entitled to compensation in the case but said the marines deserve immunity and that India is “precluded from exercising its jurisdiction”.
The officials cited above said they will file a closure report in the case in a few weeks after getting a go-ahead from the Union home ministry. “The case is more or less null and void now,” an official said on condition of anonymity.

(BY- ANUPAMA SOUMYA)

Madras HC issues notice on Plea seeking online booking facility for Railway concessional tickets

In response to the PIL filed by Dr. Mohamed Khader Meeran, a native of Trichy, The Madras High Court on Friday issued a notice to the Ministry of Railways and the Railway Board online booking facility for concessional tickets in the official website of IRCTC.

A division bench of Justice Subbaiah and Justice Krishnan Ramaswamy has asked the Railway Board and the Central Government to respond within four weeks.The petition argued that announcing a special concession for the patients and not providing the facility for availing concession is not fair.

The patients suffering from Kidney or Heart diseases are at most risk if they visit reservation counter to avail concession during this Corona pandemic. Hence, the IRCTC website needs to be changed accordingly so that the people can avail concession on online reservation.

(BY- SAMARTH GOGIA)

HUMAN RIGHTS ACTIVIST, LAILA SOUEIF QUESTIONS THE EXISTENCE OF IMPRISONED AND CONVICTED ONES IN EGYPT

The need of a letter from those who are already sentenced inside the walls of prisons of Egypt to mark their existence. This was the straightforward solicitation composed on a bit of paper by Laila Soueif, 64, an Egyptian educator and long lasting human rights lobbyist as she sat on the check that licks around the rankling pot that is the passageway to Cairo’s infamous Tora jail.

The little and harmless interest to get notification from her imprisoned child Alaa Abdel-Fattah, 38, a product specialist and driving voice of the 2011 unrest, was a lot for the Egyptian specialists.

Egypt had stopped all jail visits since the episode of the coronavirus in March. It has stressed numerous families, especially as the Geneva-based Committee for Justice announced that there have been Covid-19 cases present in almost 30 detainment communities across 10 govern orates, including Tora jail. Self-assertive and politically persuaded captures have taken off since al-Sisi, at that point safeguard serve, held onto power in July 2013 from Egypt’s first justly chose president, Mohamed al-Morsy. An Interior Ministry official in July 2014 recognised that specialists had captured 22,000 individuals over the earlier year. The Egyptians for Economic and Social Rights, which autonomously screens political captures, said that the number was increasingly similar to 41,000 captured or dealing with criminal indictments starting last May. There is little uncertainty that Muslim Brotherhood individuals and affirmed supporters of Morsy established the best number – Brotherhood pioneers said 29,000 of their number were in care. Yet, the capture crusade incorporates various secularist and radical activists too.

What’s more, obviously once in authority they are dependent upon a similar maltreatment and extreme congestion. As indicated by an examination distributed in Al Watan, an autonomous every day that by and large backings the administration, drawing on insights from the Justice Ministry’s Forensic Medical Authority, at any rate 90 detainees died in police custody in Cairo and Giza govern orates in the initial 11 months of 2014, from harsh conditions, absence of satisfactory social insurance, and at times torture.Sending Egyptians to jail for basically practicing their privileges to opportunity of articulation and quiet get together is probably going to turn out to be progressively broad under the new “fear based oppressor substances” order gave on November 26. It characterizes “fear based oppressor” in remarkably expansive terms: notwithstanding language about savagery and dangers of viciousness, the law covers any offence that in the perspective on specialists “hurts national solidarity” or the earth or common assets, or obstructs work of open authorities or use of the constitution or laws. A “fear monger” is any individual who supports such a substance – support, that can incorporate “giving data.” Imagine the trawl that can be thrown if “giving data” that “hinders crafted by open authorities” or “use of the Constitution” comprises a psychological militant offence.

(BY- ADARSH KHUNTIA)

Supreme Court Advocates-on-Record Association has requested to the Secretary General to improve the functioning of Virtual Courts.

Amid this pandemic situation and Courts working virtually, the Supreme Court Advocates-on-Record Association (SCAORA) has written down a letter addressing to the Secretary General stating that “there have been many grievances” with regard to the technical issues surrounding Virtual Courts in terms of connectivity and glitches, there has no “proper redressal” even after timely complaints have been registered via email and through calls to helpline no 1881.

To which there should be a proper installation and “sufficient video conferencing facilities” to be set up at the Supreme Court premises.

(BY- SANYOGITA)

Surrender can never be interpreted to consensual sexual activities : Kerala HC upholds conviction of a rape accused

The Kerala High Court has perceived that only those sexual intercourse which are permitted could be interpreted as not in contravene to the rights of the victim, and welcomed as concordant. The case against the prosecution was that, he committed rape on the victim girl, a minor aged 14 years belonging to a Scheduled Caste, and impregnated her. The Trial Court held him guilty of the offence punishable under Section 376 of the Indian Penal Code. It is evident from the petitioner’s contention the age of the victim girl and failed to held that this case comes under the purview of the the definition of ‘rape’ in terms of Section 375 of the IPC. Justice PB Suresh Kumar observed that mere action of forbearance in the light of unavoidable obligation, dormancy, stoical or submitting, when preference is either clouded by fear or comprised by coercion, cannot be estimated as giving consent

The Court added that the Sexual assaults including rape are crimes of gender inequality. In ground reality, sex that is actually desired by a woman is never termed consensual, for when a sexual interaction is equal, consent is not needed and when it is unequal, the consent doesn’t amount to equality in opinions. The bench touched on to a judgement of the United States Supreme Court in Meritor Savings Bank, FSB v. Mechelle Vinson et al. [477 US. 57 (1986)] , which it was held that agreeableness and not consent, shall be the basis for sex that does not infringe the rights of women congruence with gender equality.

The Kerala High Court dismissed the appeal and ratifying the conviction of the accused.

(BY VASUNDHARA DHAR)