Today in History (June 12th, 1975)
The June 12, 1975, verdict delivered by Justice Jagmohanlal Sinha of the Allahabad High Court had convicted the then prime minister of electoral malpractices and debarred her from holding any elected post under the Representative of Peoples Act.
Let’s revise
A) Leader from which country did not attend oath ceremony of PM Modi?
- Pakistan
- Bangladesh
- Myanmar
- Sri Lanka
Ans. (1) & (3)
B) Who is the President of Sri Lanka, attending the oath ceremony of PM Modi?
- Ranil Wickremesinghe
- Ram Chandra Paudel
- Prithviraj Roopun
- None of the above
Ans. (1)
C) Who has become first woman chopper pilot of Indian Navy?
- Anamika B. Rajeev
- Krishna Sanjivani
- Rajeshwari
- Priyanka Kumari
Ans. (1)
D) The European Union is a group of_______ countries that operate as a cohesive economic and political block.
- 51
- 27
- 45
- 20
Ans. (2)
E) Members of the European Parliament are elected ______
- Directly by people
- Indirectly by elected leaders of Member countries
- Indirectly elected by the Prime Ministers of member countries
- Directly elected by the people age above 21 years
Ans. (1)
Summary of Today’s News
Uniform Civil Code is the agenda of the government.
• Union Law Minister Arjun Ram Meghwal confirmed that implementing the Uniform Civil Code (UCC) is part of the Narendra Modi government’s agenda.
• Meghwal dismissed claims of conflict between the executive and judiciary, expressing optimism for resolving differences on the Memorandum of Procedure (MoP) for judicial appointments.
• The MoP, which outlines the process for appointing and transferring judges, remains unresolved due to executive-judiciary differences.
• Meghwal reiterated the government’s commitment to the UCC as a priority.
• Regarding “One Nation, One Election,” a committee led by former President Ram Nath Kovind has submitted its report, with the Law Commission also examining the issue.
• Meghwal signed the national litigation policy document, which is part of the new government’s 100-day agenda and will be presented to the Union Cabinet soon.
• The Ministry’s priority is expediting justice in pending cases across various courts and tribunals.
• The national litigation policy aims to establish responsible litigation principles and has been a longstanding part of the BJP’s manifesto since 2014.
• The policy document has been finalized to enhance the ease of living for all litigation stakeholders, including litigants and advocates.
Ban on books and films can not be justified based on law and order issues.
• Banning books or films to maintain order is unjustifiable in a democratic society.
• The Karnataka government’s temporary ban on the Hindi film “Hamare Baarah” violates freedom of expression.
• The Bombay High Court lifted the ban after the producer agreed to remove controversial dialogues, noting that stalling a certified film’s release encourages censorship.
• The Supreme Court has ruled that freedom of expression should not be suppressed due to threats of violence.
• While freedom of expression is crucial, the content of “Hamare Baarah” appears to have communal overtones and stereotypes the Muslim community.
• Rather than banning, it is essential to counter such sectarian propaganda with factual information without using unconstitutional methods.
Arrest, agencies, and criminal courts.
Supreme Court Judgments (May 2024)
• Two significant judgments impacting the liberty of the accused in criminal cases.
• Custody of an accused not necessary before filing the charge sheet in certain cases.
• Accused must be informed in writing of the grounds of arrest.
Custody Not Required for Charge Sheet Filing
• Siddharth v. State of Uttar Pradesh ruling: Accused need not be in custody if cooperating and investigation can proceed without arrest.
• Section 170 of CrPC does not mandate custody of every accused at charge sheet filing.
• Non-custodial accused can be presented if they will not abscond or disobey summons.
• Practical issues: IOs face difficulties in filing charge sheets without accused present, especially in riot cases with many accused.
Grounds of Arrest Must Be Informed in Writing
• Pankaj Bansal v. Union of India: Grounds of arrest must be provided in writing to the accused under PMLA.
• Prabir Purkayastha v. State: Similar ruling under UAPA; arrest invalid without written grounds.
• Section 50(1) of CrPC: Arresting officers must communicate full particulars of the offence or grounds of arrest to the accused.
• Arrest memo should include offence details, date, place, and time of arrest, signed by IO and accused, but no legal provision for providing a copy to the accused.
Constitutional and Statutory Compliance
• Article 22 of the Constitution mandates informing accused of grounds of arrest.
• Prosecution must prove compliance with statutory provisions.
• Amendments needed: Law should provide a copy of the arrest memo to the accused to fulfill constitutional rights and facilitate legal counsel and bail.