Legal News Shots- The Best Shots of the Day
Legal News Shots- The Best Shots of the Day

INDIA – “The Supreme Court Has No Shortage Of Judges,” Says Union Minister

Union Minister Ravi Shankar Prasad said in the Supreme Court on Wednesday (July 10, 2019) that there is no shortage of judges. “There is no shortage of judges in India’s Supreme Court. “For the first time since 2009, the Supreme Court has reached its full power of 31 judges,” Prasad said in reaction to a starred issue in the Lok Sabha. However, the union minister claimed that there were 403 vacancies in the high courts. “While every effort is made to fill the current vacancies expeditiously, vacancies continue to arise due to retirement, resignation or elevation of judges and increased judge power.”

 

INDIA – Center Strengthens Law On Child Abuse, Penalty Of Death For Sexual Abuse Of Minors

To combat increasing cases of child sexual violence, the Union Cabinet on Wednesday (July 10, 2019) approved amendments to reinforce the POCSO Act by including the death penalty for an aggravated sexual attack on kids, in addition to offering stringent punishment for other offences against minors, officials said. The recommended changes to the Children’s Protection from Sexual Offenses (POCSO) Act also provide for fines and imprisonment to reduce child pornography. “It aims to safeguard the interests of vulnerable kids in moments of trouble and to ensure their safety and dignity. The amendment aims to clarify the elements of child abuse and their penalty,” it said. The government said in a comment that the amendments in Section-2, 4 – 5, 6, 9, 14 -15, 34, 42 and 45 of the POCSO Act, 2012 are being made to tackle the elements of child sexual abuse in a suitable way.

 

USA – Judge Prevents 9 Govt. Lawyers from Leaving the 2020 Census Fight

In the conflict over whether to add a citizenship question to the 2020 census without explaining why it does so, a judge says, the Justice Department cannot substitute nine lawyers so late. U.S. District Judge Jesse M. Furman, who ruled against adding the issue of citizenship previously this year, placed the brakes on the government’s scheme on Tuesday (July 9,2019) the day after he received a three-paragraph notice from the Department of Justice along with a forecast that lawyers’ replacement would ‘Because no disturbance in this matter.” Defendants do not provide reasons for replacing counsel, let alone ‘adequate explanations,” Furman wrote, noting that the most urgent deadline for government lawyers to present written arguments in the case is only three days away. He also said that the state could re-submit its application to replace lawyers with a sworn declaration by each lawyer explaining adequate reasons for withdrawal so late.

 

INDIA – Congress Wondered If Martial Law Is Imposed In Mumbai, Accusing BJP Of Bulldozing Democracy In Karnataka

On Wednesday (July 10, 2019) Congress asked if martial law is being imposed in Mumbai, alleging that Karnataka party MLAs are being held “in prison” there and “not permitted to meet a minister.” Leader of Congress in Lok Sabha Adhir Ranjan Chowdhury said Karnataka’s democratic building was intentionally demolished by the governing government to seize authority in the state. He also claimed that Karnataka Irrigation Minister DK Shivakumar, who had pre-booked a space at a Mumbai hotel where he came for some job, was surrounded by police and prevented from entering the location. The management of the hotel cancelled his reservation without quoting any reason or rhyme.

 

INDIA – Banned ‘Sikhs For Justice’ Had Connections To Pakistan Terrorist Organisations

Foreign-based, pro-Khalistan Sikhs For Justice (SFJ), proclaimed an “illegitimate association” by India on Wednesday (July 10, 2019), learned to have connections with Pakistan-based terrorist organizations and took social media to advance their “false anti-India story” and recruit and radicalize youth for violent acts. This became evident when the US-based outfit endorsed the February 14 Pulwama attack in Jammu and Kashmir that left 40 CRPF staff dead when a suicide bomber hit a bus carrying paramilitary staff on Jammu-Srinagar National Highway, a highly placed source claiming anonymity said. The source said that Pakistan also supports the SFJ and its secessionist campaign titled “Referendum 2020.”

 

USA – Alex Acosta: Trump Chief Of Labour Defends The Plea Deal With Jeffrey Epstein

On Wednesday (July 10, 2019) U.S. Labor Secretary Alexander Acosta supported a non-prosecution agreement with financier Jeffrey Epstein, who is now charged with sex trafficking in underage girls, which he approved more than 10 years ago. At the time, Acosta, a U.S. federal prosecutor in southern Florida, was attacked for his part in a 2008 secret plea agreement that allowed Epstein to prevent federal prosecution on allegations of molesting adolescent girls. However, on Wednesday (July 10, 2019), he was unapologetic as he stated that his office was doing the utmost it could under the conditions. Democrats in Congress called on Acosta to resign from what was called the “sweetheart deal” and encouraged the Department of Justice to publish its review openly.

 

INDIA – HC Rejects Rashtriya Swayamsevak Sangh Request For Removal From PIL As Respondent

On Wednesday (July 10, 2019), the Bombay High Court’s Nagpur bench rejected a petition lodged by the Rashtriya Swayamsevak Sangh (RSS) requesting its removal as a PIL respondent against Dr Hedgewar Smriti Mandir in Reshimbagh, Nagpur. The petition was rejected by a division bench of Justice R K Deshpande and Vinay Joshi. However, it was brought to the Court’s notice that the’ ‘sarsanghchalak’ (RS S chief) was the chairman of the samiti according to rule 7A/7B in the Association Memorandum and the rules of Dr Hedgewar Smarak Samiti.

 

INDIA – Bhushan Steel becomes A Case Bigger Than Anything that Indian Courts Have Seen

The Indian court system is no stranger to odd facts. But this is stranger than most; A court that takes 4 hours 45 minutes to mark the participation of all the accused (assuming one minute each), a courtroom that has to accommodate nearly 600 accused and their counsel (considering one lawyer per accused, Although sometimes one lawyer represents more than one accused, but a senior counsel is generally accompanied by junior attorneys and employees, and a judge who has to master more than 70,000 pages of proof. These exceptional opportunities are due to the mammoth charges lodged against 284 people and entities by the SFIO – Serious Fraud Investigation Office, the investigative arm of the Ministry of Corporate Affairs (MCA) while investigating suspected irregularities in Bhushan Steel Ltd (BSL). “Criminal economic offence trials take longer than other criminal instances, not only because the burden of evidence is more severe, but also because a big amount of witnesses and records have to be examined,” said Sachin Midha, counsel for former IFIN director Ramesh Bawa.

 

DUBAI – Man In Court Because He Threatened To Kill His Ex-Wife In Dubai

On Wednesday (July 10, 2019), Dubai Court of First case heard an Emirati man accused of threatening to murder his former wife and damaging furniture in her apartment. The 44-year-old Emirati female stated that she was officially divorced in May this year by her former husband, 26. She was in her Mirdif neighbourhood apartment when he asked her for his ATM card. She asked him to come and pick up the card at 5 am, and he went to the apartment to pick up the card. “I told him to look for the card in his possessions. I advised him to bring his belongings after a heated argument, or I’ll send it to his mother’s house in Ajman. He was furious, and the furniture began to be damaged. He brought a kitchen knife and threatened to kill me with the blade on my face, “she said. A verdict on July 31 is expected.

 

INDIA – Supreme Court To Consider The Plea Seeking Urgent Hearing Of A Petition Challenging Validity Of Article 370

The Supreme Court on Wednesday (July 10, 2019) said it would consider the plea seeking immediate hearing of a petition challenging the constitutional validity of Article 370 which gives unique status to Jammu and Kashmir and limits the authority of Parliament to create legislation for the state. A court bench took note of BJP leader and lawyer Ashwini Upadhyay’s request that his PIL should be mentioned for an urgent hearing. “File a memo. We’ll see,” said the bench. The petition, filed by advocate R D Upadhyay, claims that the maximum lifespan of Article 370 was only until the Constituent Assembly existed, which was January 26, 1950, when the national document was adopted.

 

INDIA – Delhi HC To Examine Whether Disability Laws Apply To Mentally Ill Individuals

The Delhi High Court (HC) has decided to consider a legal question as to whether disability and mental health regulations apply to mentally ill persons. Justice V K Rao requested a reaction from the Ministry of Social Justice and Empowerment and Ram Manohar Lohia Hospital on the applicability of three Acts.  The Mental Health Act, 2017; the Law on the Rights of Persons with Disabilities, 2016; and the National Trust for the Welfare of People with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 – on mentally ill individuals. It also asked the authorities to advise whether the provisions of these three Acts cover the appointment of a guardian for mentally ill people. Advocate Prabhsahay Kaur said the three Acts should apply to individuals who have mental illness and the Law on the Rights of People with Disabilities and the Law on the National Trust for Welfare of People with Autism, Cerebral Paralysis, Mental Retardation, and Multiple Disabilities.

 

UNITED KINDOM – What is a Judicial Review and Is It Possible To Stop A Brexit No-Deal?

Sir John Major said that if Boris Johnson becomes Tory leader and suspends Parliament to offer a no-deal Brexit, he will seek a judicial review. However, what is a review of the judiciary? The judiciary in England and Wales receive around 300 applications each month to check whether choices and actions made by departments of government, local authorities, and other public bodies are acceptable. The method is a tried and trusted the legal process that helps keep policymakers accountable-but it can last for a long time. In cases of judicial review, it is not the task of the court to decide whether or not the government organization’s choice is right. What concerns the tribunal is how the choice or action was taken: where the correct procedures followed? Has the public authority surpassed its powers? The court may also be requested to rule that a choice or action is “irrational”-in other words, so unreasonable that any reasonable individual could not have reached it. However, there are no guarantees in judicial review proceedings-especially when they involve such delicate issues that have not been tested in contemporary times.

 

INDIA – Assault On NHAI Engineer’s Case: Congress MLA Nitesh Rane Granted Bail

A court in Sindhudurg district of Maharashtra granted bail to Congress MLA Nitesh Rane and 18 others on Wednesday (July 10, 2019), detained on charges of assaulting a National Highway Authority of India (NHAI) engineer. Rane’s lawyer Sangram Desai said bail was given to the accused against Rs 20,000 each surety. The court ordered all the 19 accused to visit the police station in question for two hours every Sunday and to collaborate with the probe. Under IPC sections 353 (attack or criminal force to prevent a public servant from discharging his obligation), 332 (willingly causing harm to avoid a public servant from his duty), 342 (wrong confinement) and 120-b (criminal conspiracy) they were booked.

 

INDIA – Contempt Supreme Court’s Plea For Supposed Violation Of Its Doctors’ Strike Order

An NGO has filed a plea in the Supreme Court seeking contempt against the Center and Indian Medical Association (IMA) for supposed infringement of its previous ‘order’ concerning striking doctors. Through its chairman, Kunal Saha, the NGO, People for Better Treatment, said that despite frequent and clear calls from the country’s largest court, doctors throughout India continued to resort to strike disrupting standard hospital services and bringing infinite pain, suffering and death to the hapless patients. It said: “While doctors went on an indefinite strike last month in West Bengal, It said the supposed contemnors violated the order adopted by the top court in June by going on strike “separately and collectively.”

 

AUSTRALIA – Summons For Women Faced With Trafficking Charges Sent To Australia

The State has been instructed to seek guidance on the summons sent to a Fijian national from the Ministry of Foreign Affairs. Geeta Anjana Chandar, who lives in Australia, and her sister Seta Sanjana Ram, who lives in Fiji, are charged with 35 counts including 17 counts of traffickers, 16 counts of deception and two counts of money laundering. The two supposedly facilitated the journey between April and September 2014 of 17 exploited Fijians who became the victims of human trafficking in New Zealand. However, high court judge Thushara Rajasinghe asks whether the summons could be to a foreign jurisdiction in criminal proceedings and appropriate proceedings need to be followed. The matter was adjourned until 30 August.

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