DAILY CURRENT AFFAIRS (12 JULY 2024)

by | Jul 12, 2024

SUPREME COURT: AUTHORITIES NEED EVIDENCE TO ACCUSE INDIVIDUALS OF BEING FOREIGNERS

Md. Rahim Ali @ Abdur Rahim v. State Of Assam & Ors.

The Supreme Court ruled that authorities cannot accuse individuals of being foreigners without solid evidence. Overturning a 2012 Foreigners Tribunal decision, the Court stressed that suspicions must be based on substantial information. The accused must be informed of the evidence to ensure a fair defense, highlighting the need for transparency and adherence to natural justice principles.

Legal Provision:
  • Foreigners Act, 1946:
    • Section 9 places the burden of proof on the accused individual.

Legal Framework:

  • The Supreme Court emphasized:
    • Authorities must possess substantial evidence to accuse someone of being a foreigner.
    • The accused must be informed of the evidence against them.
    • Ensuring transparency and adherence to natural justice principles.
    • Overturns the Foreigners Tribunal’s 2012 decision, highlighting the need for material evidence in such proceedings.

Source- Supreme court of India

SC: SANCTION REQUIRED TO PROSECUTE PUBLIC SERVANTS UNDER PC ACT

THE STATE OF PUNJAB VERSUS PARTAP SINGH VERKA

The Supreme Court reiterated the necessity of obtaining a prosecution sanction before summoning public servants under the Prevention of Corruption Act, even under Section 319 of the CrPC. Emphasizing procedural compliance, the Court held that trial courts must secure the appropriate sanction to ensure the legal process’s integrity when prosecuting public officials.

Legal Provision:
  • Prevention of Corruption Act, 1988:
    • Section 19 requires prior sanction from the appropriate authority before prosecuting public servants.
  • Code of Criminal Procedure (CrPC), 1973:
    • Section 319 allows courts to summon additional accused during trial proceedings.
Legal Framework:
  • The Supreme Court reiterated:
    • A sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act, even under Section 319 of the CrPC.
    • This ensures procedural compliance and upholds the integrity of the legal process.
    • Prevents unauthorized prosecutions of public officials.

Source- Supreme court of India

SC COLLEGIUM PROPOSES NEW HIGH COURT CHIEF JUSTICES

The Supreme Court Collegium has recommended new Chief Justices for various High Courts. The appointments include Justice Manmohan for Delhi HC, Justice M S Ramachandra Rao for Jharkhand HC, Justice Rajiv Shakdher for Himachal Pradesh HC, Justice Suresh Kait for Jammu and Kashmir and Ladakh HC, Justice Gurmeet Singh Sandhawalia for Madhya Pradesh HC, Justice Nitin Jamdar for Kerala HC, Justice Tashi Rabstan for Meghalaya HC, and Justice K R Shriram for Madras HC.

Legal Provision:
  • Indian Constitution:
    • Article 222 provides for the transfer of judges from one High Court to another.
    • Article 217 deals with the appointment of High Court judges.
Legal Framework:
  • The Supreme Court Collegium recommended:
    • New Chief Justices for various High Courts to ensure efficient judicial administration.
    • Includes appointments and transfers of several judges to different High Courts.
    • Follows constitutional provisions for judicial appointments and transfers.

Source- India Today 

Also ReadDAILY CURRENT AFFAIRS (11 JULY 2024)

 

 

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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