Even as the correctness of the preventive custody of social activist Anna Hazare under Section 151 of the Criminal Procedure Code is being questioned, the Supreme Court has cautioned the police to invoke this provision only when there is an imminent danger to the peace or likelihood of breach of peace under Section 107 Cr.PC. Such a preventive arrest could be made only if it “appears to the police officer concerned...
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What is the Jan Lokpal Bill, why it's important
-NDTV Source: http://indiaagainstcorruption.org/ The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme...
More »Police making 'arrests' without following law: Legal experts by Abhinav Sharma
Anna Hazare's arrest has raised intricate legal questions about the fundamental right to assemble peacefully. At the same time another right is being questioned. According to the legal experts, police in most states are making illegal arrests due to complete ignorance that the procedure related to arrests was amended on November 1 last year. Police must now issue a notice of appearance before making an arrest of a cognizable offense. The...
More »Legal loophole shields killers in uniform by Manoj Mitta
The Supreme Court's threat to award death penalty for fake encounters will make little difference to the impunity enjoyed by security forces. For, its own stay order in another case comes in the way of any murder case being booked against killers in uniform. The stay order, passed two years ago by a bench headed by the then Chief Justice of India, K G Balakrishnan, has rolled back an attempt made...
More »HC orders CBI to probe private educational institutions
-The Times of India SHIMLA: Cracking down on private educational institutions offering courses by obtaining certification after making false representations, the high court ordered Central Bureau of Investigation (CBI) to inquire into such cases. Acting on a petition filed by V P Ahluwalia, a retired principal of a college, the division bench consisting of Chief Justice Kurian Joseph and Justice Sanjay Karol has asked CBI to inquire into all cases where...
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