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DAILY NEWS UPDATES JANUARY 30, 2020

JODHPUR JAIPUR LUCKNOW BHOPAL PATNA INDORE MUZAFFARPUR DEHRADUN PRAYAGRAJ BILASPUR RANCHI

Time limit on advance bail Cabinet nod for raising abortion limit to 24 weeks
violates personal liberty: SC The Union Cabinet on Wednesday approved the Medical Termination of Pregnancy (Amendment) Bill,
2020, to amend the Medical Termination of Pregnancy Act, 1971. The Bill will be introduced in the
‘Provision stops foisting of false cases by the powerful’ coming session of Parliament.
The protection of anticipatory or prearrest bail According to a release, the proposed amendment seeks to enhance the upper gestation limit from 20 to 24
cannot be limited to any time frame or “fixed weeks for special categories of women that will be defined in the amendments to the Medical Termination
of the
period” as denial of bail amounts to deprivation of of Pregnancy Rules and will include “vulnerable women including survivors of rape, victims of incest”
the fundamental right to personal liberty in a free and others like differently abled women and minors. Also, the upper gestation limit will not apply to cases
and democratic country, a Constitution Bench of of substantial foetal abnormalities diagnosed by the Medical Board.
the Supreme Court ruled on Wednesday. “Name and other particulars of a woman whose pregnancy has been terminated shall not be revealed
A five judge Bench, led by Justice Arun Mishra, except to a person authorised in any law for the time being in force,” the release said.
acknowledged that anticipatory bail helps thwart
influential powers from implicating their rivals in
false cases. Section 438 (anticipatory bail) of the
The back story
Code of Criminal Procedure protects people from of advance bail Bhopal tragedy: new judge to join Bench
the ignominy of detention in jail for days on end The Old Cr. PC of 1898 Supreme Court judge, Justice Arun Mishra, on Wednesday informed lawyers that a curative petition filed
The Andhra Pradesh
and disgrace to their reputation. The court recorded did not contain any
its amicus curiae and senior advocate Harin
Raval's argument that anticipatory bail is all the
specific provision
corresponding to the
by the government for enhanced compensation to Bhopal gas tragedy victims will be listed before a
different combination of judges on February 11. Assembly passed a
The change on the five judge Constitution Bench follows a decision by Justice S. Ravindra Bhat to
more needed now because there is an accentuation
of political rivalry and “this tendency is showing
present Section 438.There
was a difference of
withdraw from hearing the case. Justice Bhat had appeared for the government in the case in the past. A resolution for the
new judge would now replace Justice Bhat on the Bench.
signs of steady increase”.
“The life or duration of an anticipatory bail order
opinion among various
HCs whether court had an The government is seeking compensation, over and above the $470 million already paid by Union abolition of the
inherent power to grant Carbide.
does not normally end at the time and stage when
the accused is summoned by the court, or when pre-arrest bail. Legislative Council.
charges are framed, but can continue till the end of
the trial,” the court held. The questions referred to
The law Commission of
As per which Article
the Constitution Bench were twofold: whether the
protection granted to a person under Section 438
India on September 24,
1969, highlighted the need
for introducing a provision
State of Corruption has the state
should be limited to a fixed period till the accused in the Code enabling
surrenders in court, and whether the life of courts to grant
“anticipatory bail” as an
In 2019, India slipped two places to the 80th Rank in the Corruption Perceptions Index (CPI). The
index, which ranks 180 countries on their perceived level of public sector corruption, is published government made
anticipatory bail should end when the accused is annually by Transparency International. The Index uses a scale of zero (high corruption) to 100 (low
summoned by the court. antidote to detention in
false cases.
corruption). India’s score in 2019 (41) was lower than the global average of 43. this move?
The 133page judgment includes two separate and
concurring opinions by Justices M.R. Shah and S. Clause 447 of the Draft Year CPI Score Global Rank
Ravindra Bhat. Justices Mishra, Indira Banerjee Bill of 1970 was enacted
1. India Sine 2014 in the Answer in the next edition of
last six years, India 2019 41 80
and Vineet Saran joined them to issue guidelines with some modifications CLAT Gazette
for courts while granting anticipatory bail. “The and became Section 438 registered marginal 2018 41 78
history of our Republic — and indeed, the freedom of the Cr. PC, 1973.
progress: the corruption 2017 40 81

movement — has shown how the likelihood of A five-judge Supreme
arbitrary arrest and indefinite detention and the
Court Bench in the 1980
lack of safeguards played an important role in case of Gurbaksh Singh
rallying the people to demand independence,” Sibba Vs. State of Punjab
Justice Bhat wrote on the importance of the interpreted that the power
to grant anticipatory bail is
provision. “cast in wide terms and
“The spectre of arbitrary and heavy handed arrests: should not be hedged in
too often, to harass and humiliate citizens, and
oftentimes, at the interest of powerful individuals
(and not to further any meaningful investigation
through narrow judicial
interpretation”. It held
that courts could impose
into offences) led to the enactment of Section 438,” condition with were
he added. appropriate.
CLAT
perception score increased 2016 40 79
by 3 points and its rank 2015 38 76
improved by 5 places.
2014 38 85
2. Tracking improvement: On the CPI 3. Comparable countries: Among neighbours and
score, 41 countries showed better BRICS nations, only Bhutan and South Africa had
improvement than India since 2014. The
graph depicts the CPI score in 2019
better scores than India in 2019, while China
recorded the same score. Among these nations,
Brazil recorded the biggest fall in score since 2014,
ALL INDIA
against the change in score since 2014.
Each circle corresponds to a country. while Afghanistan had the lost score in 2019

Bhima-Koregaon panel open to quizzing ex-CM

Petition says probe transferred to NIA to shield RSS
TOPPER
The Bhima Koregaon inquiry commission on Wednesday said it is open to cross examine former chief minister Devendra Fadnavis if it can shed more light on the case.
The commission was hearing two separate pleas: one seeking the Bharatiya Janta Party (BJP) leader's crossexamination and another which claimed the investigation had been transferred to
the National Investigation Agency (NIA) to hide the Rashtriya Swayamsevak Sangh's (RSS) role in the violence. Every Year
Justice J.N. Patel, the head of the commission, “We are going to call all those persons — whether a former chief minister or anybody else — if by doing so we are able to throw more light on
the case.”
The commission was hearing a petition filed by Dr. Sanjay Lakhe Patil, an intervenor and president of Karmaveer Pratishtan, who has made several pleas, including calling Mr. Fadnavis as a From LAW PREP
witness to be crossexamined for his “misleading” statements in the Maharashtra Assembly.
The petition, filed on Monday, claims that in the statements last year, Mr. Fadnavis did not blame 'urban naxals' for the violence, but confessed that the riots were instigated by Hindutva
leaders Sambhaji Bhide and Milind Ekbote.
Meanwhile, People's Republican Party leader and MLC Jogendra Kawade on Wednesday filed a statement before the commission blaming the RSS for its role in the violence. The MLC said
Mr. Ekbote and Mr. Bhide were closely associated with the RSS, and the alleged plot to assassinate
Prime Minister Narendra Modi was a means to divert attention from the role of the RSS in the violence. “The RSS is more harmful than the naxals. What were the intelligence agencies doing

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about the alleged conspiracy?” he asked.
Mr. Fadnavis had last week said the NIA taking over the cases was the correct decision, and accused the Maha Vikas Aghadi government of sabotaging the Pune Police's investigations. Mr.
Patil's application has alleged that Mr. Fadnavis shielded the accused in the guise of his privileges in the Assembly.
The commission was set up by the previous government under the Commission of Inquiry Act, 1955.
AIR
2019 Saumya

SC dismisses Nirbhaya convict's plea Planned injustice

Nirbhaya case convict Mukesh's challenge against the President's rejection
of his mercy petition was on Wednesday dismissed by a three judge Bench
led by Justice R. Banumathi. The court said a quick decision by the
President did not mean there was non application of mind. “The quick
Trump's plan will validate Israeli annexation of Palestinian areas without
bringing peace
For any peace process to be successful, the first step is to take all conflicting parties into confidence.

consideration of the mercy petition and swift rejection of the same cannot be
a ground for judicial review of the order passed under Article 72/161 [on
mercy petitions by President/ Governor] of the Constitution. Nor does it
suggest that there was predetermined mind and nonapplication of mind,”
Justice Banumathi, who wrote the judgment, held.
The Bench, including Justices Ashok Bhushan and A.S. Bopanna, said the
suffering experienced by death row convicts could not be a ground for
commutation of the death penalty.
Mukesh had alleged solitary confinement and abuse at the hands of the jailors
and fellow prisoners during his incarceration.
But the court said, “The alleged sufferings in the prison cannot be a ground for
judicial review of the executive order passed under Article 72 of the
Constitution rejecting the petitioner's mercy petition.”
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By that standard, U.S. President Donald Trump's peace plan for Israel and Palestine is a failure
from the start as the Palestinians rejected it even before the proposals were unveiled. The
Palestinians believe that Mr. Trump, whose administration recognised Jerusalem as Israel's capital
in 2017, is not an impartial negotiator between the two sides. And the plan Mr. Trump unveiled on
AIR
Tuesday in the White House seems to be confirming Palestinian concerns. Mr. Trump has thrown 2018 Gunjan
his weight behind the two state solution. But to achieve the solution, the plan overly favours the Girls Cat.
Israeli positions and demands excessive concessions from the Palestinians. According to the plan,
Israel can annex the Jordan Valley as well as the Jewish settlements on the West Bank. It also
recognises Jerusalem as the “undivided capital” of Israel, while the Palestinian capital could come
up in the eastern outskirts of the city. It proposes to enlarge Gaza and swap the Arabpopulated
towns in southeast Israel with Palestine for parts of the West Bank. In effect, the Palestinians would
lose roughly 30% of the West Bank, their claim to Jerusalem and the right to return of refugees. In
return, they will get an independent state in a shrunken West Bank and an enlarged Gaza connected

1
The court, after perusing the files containing the correspondence and official through a tunnel that would practically be encircled by Israel.
notings in original handed over to it by the Union Home Ministry, concluded
that all the relevant documents and records were considered before arriving AIR
at the decision to dismiss the mercy plea. It was not necessary that each and
every material relied upon by the petitioneraccused should have been placed
before the President, it said.
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