GOVERNMENT PROPOSED AMENDMENT OF POCSO ACT TO MAKE IT GENDER-NEUTRAL

The Centre will amend the POCSO Act to provide death sentence for rape of boys under the age of 12, after the ordinance promulgated by President Ram Nath Kovind provided the same punishment for rape of girls under the age of 12.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

LIGHTNING STRIKE IS A NATURAL CALAMITY: PUNJAB AND HARYANA HIGH COURT

The Punjab and Haryana High Court has clarified that the death of a person after a lightning strike cannot be an ‘act of god’ and that such cases should be treated like any other natural calamity. The court has also said that lightning can be compared with earthquake and tsunami, for which no person can be held responsible and which may strike at any time. The Court passed these orders while allowing a petition filed by a Tarn Taran resident, who approached the court after Punjab government officials refused to give him compensation for the death of his pregnant wife due to lightning, and ordered to award an appropriate compensation.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

CHIEF JUSTICE OF INDIA IS 'MASTER OF ROSTER', AND HE HAS FULL POWER TO ALLOCATE CASES: ATTORNEY GENERAL TOLD SUPREME COURT

Attorney General KK Venugopal on Friday told the Supreme Court that the Chief Justice of India is the "master of roster" and he has full power to allocate cases and to maintain discipline, and also said that if a number of judges are involved in deciding on the roster and allocation of cases, there might be a "chaos". The Attorney General made this observation while responding to a petition by senior advocate Shanti Bhushan who questioned the CJI as the Master of Roster and wanted allocation of cases to be decided by either the Collegium or the full court.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

SUPREME COURT TO HEAR CENTRE’S REVIEW PLEA ON SC/ST ACT VERDICT ON MAY 3

The Supreme Court will hold further hearing on May 3, on Centre’s plea seeking review of its March 20 judgment on the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act).

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

KATHUA CASE WILL TRANSFER IF THERE IS ‘SLIGHTEST POSSIBILITY’ OF LACK OF FAIR TRIAL: SUPREME COURT

The Supreme Court said that it would transfer the Kathua gangrape and murder case from the local court in Jammu and Kashmir in the slightest possibility of lack of fair trial, saying the real concern was to hold proper prosecution.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

SUPREME COURT CLARIFIED THAT IT NEVER DIRECTED MANDATORY AADHAAR-MOBILE NUMBER LINKAGE

While the government has been citing a Supreme Court order to link Aadhaar to mobile number, the apex court clarified that it had not issued any such directive. A five-judge bench of the Supreme Court denied making Aadhaar-Mobile number linkage mandatory in its February 2017 order in a PIL. The Court made this statement while hearing the appeal filed by many petitioners challenging the constitutional validity of the Aadhaar identification system.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

AADHAAR LAW PROVIDES ADEQUATE SAFEGUARDS AGAINST DATA BREACH: UIDAI TOLD SUPREME COURT

The Unique Identification Authority of India (UIDAI) asserted in the Supreme Court that Aadhaar law is very sound and it provides for proper and adequate safeguards against data breach. Senior counsel Rakesh Diwedi, appearing for UIDAI made this assertion before the court while hearing a batch of petitions challenging the legal validity of Aadhaar law.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

HANGING IS THE SAFEST WAY OF EXECUTION COMPARED TO LETHAL INJECTION OR SHOOTING: CENTRE TOLD SUPREME COURT

The Centre informed the Supreme Court that ‘death by hanging’ stands out as the most suitable mode of execution of death row convicts compared to ‘lethal injection’ or ‘shooting’. The centre made this statement when the court had sought the response of it on a PIL filed by advocate Rishi Malhotra seeking to stop death by hanging as it is a cruel form of death inflicting pain and injury and violated one’s right to die with dignity.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

SUPREME COURT SEEKS GOVERNMENT'S RESPONSE ON VALIDITY OF IPC SECTION 377

The Supreme Court asked the Centre to clear its stand on the constitutional validity of Indian Penal Code Section 377 that criminalises ‘unnatural sex’ between two consenting adults and provides for their prosecution. The court made this observation while hearing the plea filed by the Lalit Suri hospitality group head Kesav Suri, seeking the ‘Right to choice of sexual orientation’ to be declared as part of the fundamental Right to life and personal liberty under Article 21 of the Constitution.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

UNION CABINET CLEARED ORDINANCE FOR STRICTER PUNISHMENT FOR RAPE OF A GIRL BELOW 12 YEARS

To curb sexual crimes against girls, the Centre approved an ordinance to introduce death penalty for rapists of children below the age of 12 years, longer jail term for all convicted rapists and a four-month deadline to complete investigation and trial in all rape cases. The ordinance provides for stringent punishment for rape of a girl under 12 years with minimum jail term of 20 years which may go up to life term or death sentence. In cases of rape of a girl under 16 years of age, the Ordinance has increased minimum punishment from 10 years to 20 years, extendable to life imprisonment.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

HANS INDIA NEWSPAPER

CENTRE LIKELY TO BRING ORDINANCE TO AWARD DEATH PENALTY FOR RAPING CHILDREN UP TO 12 YEARS

The Union Cabinet is likely to consider an Ordinance to award the death penalty to those convicted of raping a child up to 12 years of age. The proposal has come in the backdrop of nationwide outrage over the rape and murder of an eight-year-old girl in Kathua in Jammu & Kashmir, and sexual assault of a teenager in Unnao in Uttar Pradesh.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

TIMES OF INDIA NEWSPAPER

WEB PORTAL TO REPORT ONLINE ABUSE AND OTHER CYBER-CRIMES ON A REAL-TIME BASIS SOON

Web portal for online cyber-crime reporting is set to be launched in the last week of April. The beta version of the portal shall be launched by the Central government under the supervision of the Supreme Court. The portal will enable people to register complaints of online abuse and other cyber-crimes on a real-time basis.

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER

CENTRE PREPARING ORDINANCE TO INVALIDATE SUPREME COURT’S DIRECTIVE ON SC/ST ACT

The Central government is preparing with a draft ordinance to restore all provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, including restoration of automatic arrest for offences under the law, in case it fails to persuade the Supreme Court to reconsider its ruling. The government had earlier this month filed a review petition against the top court’s verdict, pleading that the judgement diluted the Act.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

AADHAAR DATA LEAK CAN INFLUENCE ELECTION OUTCOME: SUPREME COURT

The Supreme Court expressed serious concern that the Aadhaar data information available to outside the world can even influence the outcome of elections. The court has observed while hearing a bunch of petitions questioning the validity of Aadhaar.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

FOUR STATES WILL MOVE THE SUPREME COURT AGAINST ITS VERDICT ON THE SC/ST ACT

Madhya Pradesh, Rajasthan, Chhattisgarh and Tamil Nadu will move the Supreme Court against its order on the SC/ST Act with the Centre maintaining that state governments are on board in seeking a recall of the verdict.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

SUPREME COURT ASKED JAMMU AND KASHMIR GOVERNMENT TO RESPOND ON PLEA SEEKING TRANSFER OF KATHUA RAPE-CUM-MURDER CASE TO CHANDIGARH

The Supreme Court sought the Jammu & Kashmir government’s response to a petition filed by the Kathua rape-cum-murder victim’s father, who has sought shifting the trial to Chandigarh, alleging that the surcharged atmosphere in Kathua was not conducive for a fair trial.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

SUPREME COURT DISMISSED PIL AGAINST PENSION, BENEFITS TO FORMER MP’s

The Supreme Court dismissed a petition seeking a direction to scrap pension and other allowances given to former MPs and MLAs and their family members after retirement, saying it is a policy matter to be decided by Parliament.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

INDIAN EXPRESS NEWSPAPER

COURT CAN’T COME TO COMPLAINANT’S RESCUE IF CHARGES ARE INDISTINCT

The Hyderabad High Court said that the courts cannot punish the accused if the case concerned is based on unclear allegations and in absence of concrete evidence. The affected parties or the complainants have to approach the courts with proper evidence or material to prove their case. The Court made this observation while hearing two criminal petitions were filed in the High Court, seeking quashing of a case registered against the petitioners at Chandragiri police station in Tirupati in Andhra Pradesh under Section 420 of IPC (cheating and dishonestly inducing delivery of property).

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER  

KATHUA RAPE AND MURDER CASE: LAWYERS MUST NOT OBSTRUCT JUSTICE, SAID SUPREME COURT

The Supreme Court took a strong note of some lawyers obstructing the judicial process in the rape and murder of an eight-year-old girl in Kathua district of Jammu and Kashmir, and initiated a case on its own record saying such impediment affects the dispensation of justice and would amount to obstruction of access to justice. The court said that it is a settled law that a lawyer who appears for a victim or accused cannot be prevented by any bar association or group of lawyers, for it is his duty to appear in support of his client.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER 

SUPREME COURT AGREED TO HEAR PETITION ON REGULATION OF CHIEF JUSTICE OF INDIA’S POWER AS MASTER OF THE ROSTER

The Supreme Court agreed to examine a PIL filed by former Law Minister Shanti Bhushan questioning the Chief Justice of India’s (CJI) administrative power as “master of roster” and its alleged arbitrary use for allocation of cases to brother judges.

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER

VERDICT ON SC/ST ACT HAS DILUTED PROVISIONS OF THE LAW, CAUSED SENSE OF DISHARMONY IN THE COUNTRY: CENTRE TO SUPREME COURT

The Centre told Supreme Court that its judgement on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has caused commotion, anger, unease and a sense of disharmony in the country. The Centre also suggested that the apex court may take steps to correct its order.

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER

HYDERABAD HIGH COURT PULLED UP POLICE FOR NOT TAKING ACTION AGAINST THE PERSONS RESPONSIBLE FOR CRUSHING FEMALE FOETUS

The Hyderabad High Court expressed anger at the Hyderabad Police for not taking action against the persons responsible for crushing female foetus with hands during abortions in a private nursing home in the city through unqualified persons, and the court directed the authorities to ensure that the nursing home does not operate till further orders. The court also directed the city police commissioner to entrust the investigation into the issue to a responsible senior officer to exclusively investigate the case and submit an action taken report before the court.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

MINISTRY OF CONSUMER AFFAIRS PLANNING TO OPEN MEDIATION CENTRES TO DEAL WITH E-COMMERCE COMPLAINTS

According to government data, about 6,500 complaints are received on an average every month on the national consumer helpline, of which about 20 per cent are related with e-commerce companies. So to deal with the rising number of consumer complaints against e-commerce platforms, the Ministry of Consumer Affairs has planned to open mediation centres in big cities. The mediation centres will first be opened in big cities including Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad. More cities will be included in the list in coming months.

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER

HYDERABAD GETS ITS FIRST ‘CHILD-FRIENDLY’ COURT FOR THE TRIAL OF CASES UNDER POCSO ACT

A special court for the trial for offences under POCSO (Protection of Children from Sexual Offences) Act, Child-Friendly Court, was inaugurated by senior Supreme Court Judge Justice Madan B Lokur at HACA Bhavan in the Hyderabad city.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER  

SENIOR ADVOCATE SHANTI BHUSHAN FILED PLEA AGAINST CHIEF JUSTICE OF INDIA (CJI) CHALLENGING HIS ROSTER ROLE SUPREMACY

Former Law Minister and Senior advocate Shanti Bhushan filed a PIL in the Supreme Court for clarification on the administrative authority of the chief justice of India (CJI) as the ‘master of roster’ and seeking laying down of principles and procedures to be followed in preparing the roster for allocation of cases to benches.

Website: http://www.abhayalegalservices.com/

NEW INDIAN EXPRESS NEWSPAPER

AADHAAR CANNOT STOP BANKING FRAUD: SUPREME COURT TO CENTRE

The Supreme Court observed that Aadhaar cannot stop bank frauds, adding, officials seemingly are hand in glove with the fraudsters. The court made this statement when Attorney General KK Venugopal had told the court that the biometric system can help check all bank frauds.

Website: http://www.abhayalegalservices.com/

TIMES OF INDIA NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

SUPREME COURT AGREED TO EXAMINE A PUBLIC INTEREST LITIGATION (PIL) ON 'ONE SEAT, ONE CANDIDATE', AND ASKED THE CENTRE TO RESPOND ON THIS PIL

The Supreme Court agreed to examine an important issue as to whether a candidate can be barred from contesting in two Assembly/parliamentary constituencies during elections. BJP spokesperson and advocate Ashwini Kumar Upadhyaya filed public interest litigation (PIL) in the court seeking a ban to this effect. The court asked the Centre to file a counter affidavit on this Public Interest Litigation (PIL).

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

COLLECTION BIOMETRIC DATA DOES NOT VIOLATE THE RIGHT TO PRIVACY OF AN INDIVIDUAL: CENTRE TO SUPREME COURT

The Centre stated in the Supreme Court that the collection of biometric and demographic data including fingerprints under the Aadhaar identity programme does not violate the right to privacy of an individual. The Centre made this assertion before a five judge Constitution bench hearing a batch of petitions challenging the legal validity of Aadhaar law.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

SUPREME COURT DECLINED TO STAY ITS ORDER ON SC/ST ACT AND SAID THAT IT DID NOT DILUTE PROVISIONS

The Supreme Court refused to put on hold its March 20 verdict related to the SC/ST (Prevention of Atrocities) Act, asserting that its verdict aims to protect innocents and not dilute the law for checking crimes against Dalits. A Bench of Justices said that we have said that innocents should not be penalised. The innocents cannot be terrorised by the provisions of the SC/ST Act. We don’t want to deprive anyone of right to life and we make ourselves very clear that we are not against the Act or the complainants.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER

NO BENEFITS DENIED DUE TO FAILURE OF AADHAAR AUTHENTICATION: CENTRE TOLD SUPREME COURT

The Union government made it clear in the Apex Court that there is no financial exclusion and no person has so far been denied benefits for lack of Aadhaar or failure of authentication of bio-metric data.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

CENTRE FILED REVIEW PETITION IN SUPREME COURT CHALLENGING COURT VERDICT ON SC/ST ACT

The Union government moved the Apex Court seeking review of the recent verdict that arrest is not mandatory under the SC/ST Atrocities Prevention Act and the accused is entitled for anticipatory bail. The court also held that arrest could be affected only after a preliminary enquiry that prima facie case is made out for arrest.

Website: http://www.abhayalegalservices.com/

DECCAN CHRONICLE NEWSPAPER

NEW INDIAN EXPRESS NEWSPAPER