Current Affairs

DAILY CURRENT AFFAIRS (8 AUGUST 2024)

by | Aug 8, 2024

SUPREME COURT TAKES SUO MOTU CASE OVER HIGH COURT ORDER CRITICIZING STAY ORDER

Case: In Re: Order of Punjab and Haryana High Court Order Dated 17.07.2024 and Ancillary Issues

The Supreme Court has taken suo motu cognizance of an order by the Punjab and Haryana High Court, which criticized the Supreme Court for staying a contempt proceeding initiated by the High Court. The High Court’s order questioned the Supreme Court’s tendency to assert supremacy over High Courts. A five-judge bench will hear the case.

Legal Provisions and Framework:
  1. Constitutional Articles:
    • Article 141: Law declared by the Supreme Court to be binding on all courts.
    • Article 142: Enforcement of decrees and orders of the Supreme Court.
    • Article 215: High Courts have the power to punish for contempt of themselves.
  2. Contempt of Courts Act, 1971:
    • Section 10: Power of High Court to punish contempts of subordinate courts.
  3. Judicial Precedents:
    • The Supreme Court’s jurisdiction and powers to stay proceedings and issue directives to lower courts are well-established in several landmark judgments.

BOMBAY HIGH COURT DENIES BAIL TO NIGERIAN NATIONAL IN DRUG CASE

The Bombay High Court denied bail to Nigerian national Kenechukwu Uteh, imprisoned for nearly four years in a drug-related case. The court ruled that Uteh failed to explain his presence at the scene where 502 grams of cocaine were intercepted. Emphasizing the importance of the NDPS Act, the court dismissed the bail plea, citing the seriousness of the offense and Uteh’s long incarceration.

Legal Provisions and Framework:
  1. Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985:
    • Section 37: Offenses to be cognizable and non-bailable.
    • Section 21: Punishment for contravention in relation to manufactured drugs and preparations.
  2. Criminal Procedure Code (CrPC), 1973:
    • Section 439: Special powers of High Court or Court of Session regarding bail.
  3. Judicial Precedents:
    • Courts often emphasize the stringent provisions of the NDPS Act in bail matters to prevent misuse and to curb drug trafficking.

Source- India Today

BOMBAY HIGH COURT GRANTS BAIL TO FIVE ACCUSED IN NALASOPARA ARMS HAUL CASE

The Bombay High Court granted bail to five accused in the 2018 Nalasopara Arms haul case. The court found the evidence insufficient to prove charges of conspiracy and noted the prolonged incarceration of the accused, with a bleak prospect of the trial concluding soon. The accused, arrested for allegedly planning attacks on anti-Hindu elements, were granted bail on a personal bond of Rs 50,000 each.

Legal Provisions and Framework:
  1. Unlawful Activities (Prevention) Act (UAPA), 1967:
    • Section 43D(5): Restriction on granting bail to accused under UAPA.
    • Section 18: Punishment for conspiracy.
  2. Indian Penal Code (IPC), 1860:
    • Section 120B: Punishment for criminal conspiracy.
    • Section 153A: Promoting enmity between different groups.
  3. Explosive Substances Act, 1908:
    • Section 5: Punishment for making or possessing explosives under suspicious circumstances.
  4. Judicial Precedents:
    • Courts have emphasized the need for sufficient prima facie evidence for conspiracy charges and the importance of a speedy trial as a fundamental right.

 

Source- India Today

Also Read– DAILY CURRENT AFFAIRS (06 AUGUST 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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