Legal


No law to back state action: SC on 'name and shame' posters in Lucknow

New Delhi, Mar 12 (PTI) The Supreme Court on Thursday told the Uttar Pradesh government that there is no law as of now to back its action of putting roadside posters of those accused of vandalism during the anti-CAA protests in Lucknow.



A vacation bench of Justices U U Lalit and Aniruddha Bose told Solicitor General Tushar Mehta, appearing for Uttar Pradesh, that it is a matter of "great importance".

The bench also asked Mehta whether the state government has the power to put such posters.

 

http://www.ptinews.com/news/11291833_No-law-to-back-state-action--SC-on--name-and-shame--posters-in-Lucknow.html

The apex court, however, said there is no doubt that action should be taken against the rioters and they should be punished.

Mehta told the court that posters were put up as a "deterrent" and the hoardings only says the persons are liable to pay for their alleged acts during the violence.

The hearing in the matter is underway.

The top court is hearing an appeal filed by the Uttar Pradesh government challenging the March 9 order of the Allahabad High Court directing the state adminstration to remove posters of those accused of vandalism during the anti-CAA protests.





How to make the arrest,Principals laid down by the Honourable supreme court

Most important and share

Principals laid down by the Honourable supreme court in the case of Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal, State Of U.P on 18 December, 1996

In addition to the statutory and constitutional requirements to which we have made a reference, we are of the view that it would be useful and effective to structure appropriate machinery for contemporaneous recording and notification of all cases of arrest and detention to bring in transparency and accountability. It is desirable that the officer arresting a person should prepare a memo of his arrest on witness who may be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. The date and time of arrest shall be recorded in The memo which must also be counter signed by The arrestee.

We therefore, consider it appropriate to issue the following requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures :

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name togs with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a such memo shall be attested by atleast one witness. who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest. (3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee. (4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon he is put under arrest or is detained.

(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of he next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is. (7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(8) The arrestee should be subjected to medical examination by trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a penal for all Tehsils and Districts as well. (9) Copies of all the documents including the memo of arrest, referred to above, should be sent to the illaga Magistrate for his record.

(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. (11) A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

Failure to comply with the requirements hereinabove mentioned shall apart from rendering the concerned official liable for departmental action, also render his liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country, having territorial jurisdiction over the matter.

The requirements, referred to above flow from Articles 21 and 22 (1) of the Constitution and need to be strictly followed. These would apply with equal force to the other governmental agencies also to which a reference has been made earlier.

These requirements are in addition to the constitutional and statutory safeguards and do not detract from various other directions given by the courts from time to time in connection with the safeguarding of the rights and dignity of the arrestee.

The requirements mentioned above shall be forwarded to the Director General of Police and the Home Secretary of every State/Union Territory and it shall be their obligation to circulate the same to every police station under their charge and get the same notified at every police station at conspicuous place. It would also be useful and serve larger interest to broadcast the requirements on the All India Radio besides being shown on the National network of Doordarshan and by publishing and distributing pamphlets in the local language containing these requirements for information of the general public. Creating awareness about the rights of the arrestee would in out opinion be a step in the right direction to combat the evil of custodial crime and bring in transparency and accountability. It is hoped that these requirements would help to curb, if not totally eliminate, the use of questionable methods during interrogation and investigation leading to custodial commission of crimes.

PUNITIVE MEASURES UBI JUS IBI REMEDIUM - There is no wrong without a remedy. The law will that in every case where man is wronged and undamaged he must have a remedy. A mere declaration of invalidity of an action or finding of custodial violence or death in lock-up does not by itself provide any meaningful remedy to a person whose fundamental right to life has been infringed. Much more needs to be done.

In Public Interest by

ALL INDIA COUNCIL OF HUMAN RIGHTS, LIBERTIES & SOCIAL JUSTICE (AICHLS) is founded by Dr. Anthony Raju - Advocate , Supreme Court of India, Dynamic Internationally accredited Human Rights Defender, Inspirational, spritual and motivational speaker , Peace Activist & Social Worker and is one of global's foremost voices of Human Rights and powerful voice for voiceless people globally.

All India council of human rights, liberties & social justice has been added as signatory to UNITED NATION GLOBAL COMPACT . The world's largest corporate responsibility initiative with nearly 12,000 business and non-business participants in 140 countries.

That All India Council of Human Rights, Liberties & Social Justice (AICHLS), is a duly registered Society under the Societies Registration Act XXI of 1860, and is functioning with commitment to the Noble Cause of Human Rights Protection and Promotion, Justice for All, Economic Upliftment of the Underprivileged, Education, Love, Peace, Harmony and Friendship, National & International Integration by Exchange of Ideas & Ethos in India and also amongst the neighboring countries and the people of the rest of the World at large.

Dr. Anthony Raju

Advocate , Supreme Court of India.

Global Chairman , All India Council of Human Rights, Liberties & Social Justice.

Chairman - National Legal Council

International Convener, Universal mission for Peace and Human Rights.

Chairman, National Council of News and Broadcasting.

Secretary General  : Asian Human Rights Council

International Peace keeper

 

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SC allows pleas against RBI circular barring banks from providing services for cryptocurrencies -PTI

SC allows pleas against RBI circular barring banks from providing services for cryptocurrencies -PTI

New Delhi, Mar 4 (PTI) The Supreme Court Wednesday allowed a batch of pleas challenging RBI's circular of 2018 which had prohibited banks and financial institutions from providing services related to Cryptocurrencies.

Cryptocurrencies are digital or virtual currencies in which encryption techniques are used to regulate the generation of their units and verify the transfer of funds, operating independently of a central bank.

"We have allowed the writ petitions," a bench headed by Justice R F Nariman said while pronouncing the verdict.

According to the April 6, 2018 circular, the entities regulated by the Reserve Bank of India were prohibited from "providing any service in relation to virtual currencies including those of transfer or receipt of money in accounts relating to the purchase or sale of virtual currencies".

The Internet and Mobile Association of India (IMAI) had argued in the court that the RBI had banned cryptocurrencies on "moral grounds" as no prior studies were conducted to analyse their effect on the economy.

It contended that RBI barred all the entities regulated by it from providing services to any individual or business dealing in virtual currencies.

In 2013, the RBI in an advisory cautioned users, holders, and traders of virtual currencies, including Bitcoins, about the potential financial, operational, legal, customer protection, and security-related risks that they were exposing themselves to.

On July 3, 2018 while hearing a plea of IMAI, the top court had refused to stay the RBI circular prohibiting banks and financial institutions from dealing with the cryptocurrencies like bitcoin.

It had sought response from RBI, Finance Ministry and Union ministry of Information and Technology.

http://www.ptinews.com/news/11272249_SC-allows-pleas-against-RBI-circular-barring-banks-from-providing-services-for-cryptocurrencies.html





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