Current Affairs

DAILY CUURENT AFFAIRS (9 AUGUST 2024)

by | Aug 9, 2024

SUPREME COURT HEARS ABHISHEK BANERJEE’S PLEA AGAINST ED SUMMONS

Case Name: Abhishek Banerjee and Anr. vs. Directorate of Enforcement

The Supreme Court continued hearing TMC MP Abhishek Banerjee’s challenge against ED summons in a school jobs scam. Senior Advocate Kapil Sibal argued that PMLA is silent on certain procedural aspects, necessitating the application of CrPC provisions. The bench, comprising Justices Bela M. Trivedi and Satish Chandra Sharma, re-listed the matter for August 13 to further deliberate on the jurisdictional and procedural issues raised.

  • Prevention of Money Laundering Act (PMLA), 2002:
    • Section 71: Grants PMLA overriding effect over other laws in case of inconsistency.
    • Sections 46(1) & 65: Refer to the applicability of CrPC provisions where PMLA is silent.
  • Article 14 & 21 of the Constitution of India:
  • Article 21 of the Constitution: Ensures the right to personal liberty, which can only be curtailed through “procedure established by law.”
  • Guarantee equality before law and protection of life and personal liberty, respectively.

Source- Supreme Court of India

SC DIRECTS PUBLIC AUTHORITIES TO MINIMIZE TREE FELLING FOR PROJECTS

Case Name: MC Mehta vs. Union of India & Ors.

The Supreme Court has mandated that public authorities must make best efforts to reduce tree felling for public projects by re-examining project alignments. This directive, rooted in Article 51A of the Constitution, was issued during a hearing on the Agra-Jalesar-Etah road project. The Court emphasised the need for strict afforestation efforts before permitting any tree cutting, underscoring the right to a healthy environment.

Article 51A of the Constitution of India:

  • Fundamental Duty: Citizens are obligated to protect and improve the environment.

Right to a Healthy Environment:

  • Implied under Article 21 of the Constitution, which guarantees the right to life, including a healthy environment.

Environmental Protection Framework:

  • Forest (Conservation) Act, 1980: Regulates the diversion of forest land for non-forest purposes.
  • Taj Trapezium Zone (TTZ) Notification: Specific guidelines for environmental protection in the TTZ area, particularly around the Taj Mahal.

Compulsory Afforestation:

  • Enforced by the Supreme Court as a precondition for granting permission for tree felling.

Source- Supreme Court of India

SC: ACCUSED NOT OBLIGATED TO CONFESS DURING INVESTIGATION

Case Name: Tusharbhai Rajnikantbhai Shah vs. State of Gujarat

The Supreme Court ruled that an accused’s cooperation with an investigation does not imply a duty to confess. The court said that not confessing does not mean that the accused is not cooperating. This observation came while holding a police inspector and magistrate in contempt for violating an interim anticipatory bail order. The judgement highlighted that confessions to police officers are inadmissible in evidence.

Constitutional Safeguards:

  • Article 20(3) of the Constitution: Protects an individual from being compelled to be a witness against themselves.
  • Article 21 of the Constitution: Protects life and personal liberty, ensuring that any deprivation thereof must be according to the “procedure established by law.”

Source- Supreme Court of India

Also Read- DAILY CURRENT AFFAIRS (8 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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