SC GRANTS BAIL IN PFI CASE, QUESTIONS NIA’S EVIDENCE HANDLING
Case: Jalaluddin Khan v. Union of India
Supreme court recently granted bail to Jalaluddin khan, who was prime suspect of the PFI related operations. He was granted bail due to The Court concluded that a witness’s testimony had been misrepresented, which resulted in an inaccurate depiction of Khan’s involvement.Even under the UAPA, the Court emphasised that bail should be the standard and emphasised the importance of fairness.
Legal Provisions:
- Indian Penal Code (IPC):
- Section 121: Waging or attempting to wage war against the Government of India.
- Section 121A: Conspiracy to commit offenses punishable by Section 121.
- Section 122: Collecting arms, etc., with the intention of waging war against the Government of India.
- Section 193: Punishment for false evidence (perjury), specifically mentioned in the context of proceedings under this case.
- Unlawful Activities (Prevention) Act, 1967 (UAPA):
- Section 13: Punishment for unlawful activities.
- Section 18: Punishment for conspiracy.
- Section 18A: Punishment for organizing terrorist training camps.
- Section 20: Punishment for being a member of a terrorist gang or organization.
- Section 43D(5): Deals with the denial of bail to accused persons if there are reasonable grounds to believe that the accusations are prima facie true.
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Source- Supreme Court Of India
SC TO DECIDE RETROSPECTIVE APPLICATION OF MINERAL RIGHTS TAX
Case: Constitutional Bench on States’ Power to Tax Mineral Rights
The Supreme Court will clarify whether its judgment upholding States’ power to tax mineral rights should apply retrospectively. The decision could impact decades of financial arrangements under the overruled India Cements case. Arguments were presented regarding potential economic repercussions and the fairness of retroactive taxation, with the Court’s decision expected to have significant implications.
Legal Provisions:
- Constitution of India:
- Article 265: No tax shall be levied or collected except by the authority of law, relevant to the discussion on the state’s power to levy taxes.
- Article 246: Distribution of legislative powers between the Union and States, particularly regarding taxation.
- Seventh Schedule, List II (State List): Pertains to the State’s power to impose taxes on mineral rights.
- Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act):
- Governs the regulation of mines and minerals in India and was a point of contention regarding whether it precludes States from imposing taxes on mineral rights.
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SC REPRIMANDS PATNA OFFICIALS FOR VIOLATING STATUS QUO ORDER
Case: Ajay Kumar Yadav@ Ajay Rai & Ors v. The State of Bihar & Ors
The Supreme Court criticized Patna authorities for defying a status quo order and demolishing structures under dispute. The Court ordered compensation for the affected parties and instructed recovery of the compensation from responsible officials, stressing strict adherence to judicial orders. This ruling underscores the Court’s commitment to upholding the rule of law and ensuring accountability.
Legal Provisions:
- Bihar Public Land Encroachment Act, 1956:
- Section 11: Deals with orders of eviction for encroachments on public land. The petitioners challenged these eviction orders.
- Civil Procedure Code, 1908:
- Order 39, Rule 1-2: Pertains to temporary injunctions and orders for status quo, relevant to the Supreme Court’s order to maintain the status quo pending appeal.
- Contempt of Court Act, 1971:
- Although not explicitly mentioned, the principles of contempt could apply due to the willful disregard of the Court’s status quo order.
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Source- Supreme Court of India
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