TODAY'S LEGAL TABLET.

16 AUGUST 2021

The Career Empire

Judiciary | LL.B Entrance | IAS.
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Vocabulary of the day

1. UPBEAT : buoyant (उत्सािहत)
Synonyms: happy, cheery
Antonyms: depressed, discouraged

2. SPUR incitement (प्रेरणा)

Synonyms: catalyst, excitant
Antonyms: deterrent, hindrance

3. RELUCTANT : unwilling (अिनच्छु क)

Synonyms: disinclined, unenthusiastic
Antonyms: willing, enthusiastic

4. REDUNDANT : unnecessary (ज़रूरी)

Synonyms: inessential, needless
Antonyms: important, useful

5. BUTTRESS : bolster (सहारा दे ना)

Synonyms: reinforce, uphold
Antonyms: undermine, weaken

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THE CAREER EMPIRE-RAJOURI GARDEN

HEADLINES TODAY

1. Karnataka High Court seeks

investigation report in sealed cover on
alleged preferential treatment given to
Jayalalithaa aide VK Sasikala in jail
2. What happened to animals in circuses
that have closed down: Delhi HC asks
Animal Welfare Board
3.NGT refuses to modify order on
deregistration of 10-year-old diesel
vehicles
4. "Sorry state of affairs in Parliament; no
clarity in laws; lawyers should come to
public life to address this:" CJI
5. [NSA Detention] Erendro Leichombam
habitual
offender, there
was no custodial
torture: Manipur
govt opposes
plea for
compensation
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Today's legal Tablet

1. Karnataka High Court seeks investigation report in

sealed cover on alleged preferential treatment given
to Jayalalithaa aide VK Sasikala in jail
The petition alleged that Sasikala was being granted
favours when she was serving her sentence in a multi-
crore corruption case.
Karnataka High Court seeks investigation report in
sealed cover on alleged preferential treatment given to
Jayalalithaa aide VK Sasikala in jail

The Karnataka High Court on Friday sought details of

investigation in connection with the First Information
Report (FIR) registered by the Anti Corruption Bureau
(ACB) into the alleged preferential treatment given in
prison to VK Sasikala, aide of former Tamil Nadu CM J
Jayalalithaa.

A Division Bench of Chief Justice Abhay Shreeniwas

Oka and Justice Suraj Govindaraj passed the order
directing the ACB to submit the said details in a sealed
cover by August 25, 2021.

The Court was hearing a public interest litigation petition
filed by social worker and educationist KS Gita from
Alwarpet in Chennai.

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The petitioner sought directions to be issued to the
authorities for a final report on the alleged corruption that
led to Sasikala being granted favours when she was
serving her sentence in a multi-crore corruption case.

The petition pointed out that a retired IAS officer, Vinay
Kumar, had conducted an inquiry and submitted a 295-
page report with several findings on the allegations of
preferential treatment to Sasikala and her sister-in-law,
Ilavarasi, who was also undergoing sentence in the
prison in relation to the same case.

The petitioner contended that no final report on the

investigation done so far has been submitted.

The State government, later on, informed the Court that

the ACB had registered an FIR in 2018 following the
allegations.

During one of the previous hearings, the Bench had

asked the petitioner whether any FIR had been
registered under the provisions of the Prevention of
Corruption Act, 1988, in connection with the case as the
petition did not mention crime number.

The Court had said that it would not be possible to

consider the prayer made in the petition to submit the
final report based on the investigation sans registration
of a FIR.

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Following this, the advocate said he would find out the
registration number of the criminal case and submit it to
the court.

After the State's submission that an FIR was indeed

registered, the Court sought details of the same in
sealed cover.

The matter will be next heard on August 25.

2. What happened to animals in circuses that have

closed down: Delhi HC asks Animal Welfare Board
The Delhi High Court has asked the Animal Welfare
Board of India (AWBI) to file an affidavit on the status of
animals of circuses that have closed down.

A bench of justices Vipin Sanghi and Jasmeet Singh,
which was hearing a petition by PETA (the People for
Ethical Treatment of Animals) India, gave three weeks to
the AWBI to file the affidavit.

PETA Counsel Aman Hingorani said that an affidavit filed

already by the AWBI did not specifically disclose the
status of such animals.

"Mr. Rajesh Kumar Gogna, Advocate who appears for

respondent No. 3 (AWBI) should ensure that a further
affidavit is filed, disclosing the status of the said animals
within the next three weeks," the court said in its order

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dated August 10.

Last year, the court was informed by the Federation of
Indian Animals Protection Organisation (FIAPO) that
according to a report filed by AWBI, around 740 circus
animals were registered with it, but in a survey only 28
were found.

The court had then directed the AWBI and the Central
Zoo Authority to find out what happened to the missing
animals and file an affidavit on the status of all circus
animals registered with them.

It had termed "serious" and "shocking" that there was a
huge gap in the number of animals found by the AWBI,
as against those registered with it, when it inspected
circuses across the country.

The People for Ethical Treatment of Animals and the
FIAPO had moved the high court last year for the
protection of animals in circuses stranded across the
country due to the COVID-19 pandemic.

PETA India claimed in its plea that due to the COVID-19
outbreak and the resultant lockdown, circuses are
finding it difficult to feed the animals which left many of
them vulnerable to starvation.

It sought a direction to the Centre to immediately notify

the Performing Animals (Registration) Amendment Rules
of 2018 which expressly prohibits the training and

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exhibition of performing animals in circuses and "mobile
entertainment facilities".

The matter would be heard next on November 11.

3.NGT refuses to modify order on deregistration of

10-year-old diesel vehicles
The National Green Tribunal has refused to modify its
order directing the deregistration of diesel vehicles in
Delhi-NCR which are over 10 years old.

A bench headed by NGT Chairperson Justice Adarsh

Kumar Goel noted that the appeal against its order has
already been dismissed by the Supreme Court.

As noted in the order dated July 18, 2016, appeal

against order dated April 7, 2015 directing that more
than 10 years old diesel vehicles be not allowed to ply
on Delhi-NCR roads was dismissed by the Supreme
Court.

In these circumstances, modification sought is in the

nature of review. Review of the order against which
appeal has already been dismissed is not permissible.
The applications are dismissed, the bench said.

The tribunal was hearing a plea filed by Haryana
Progressive Schools Conference, an association of
CBSE and ICSE-affiliated schools in the state of
Haryana, seeking impleadment and modification of

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orders of the NGT.

By the said orders, the NGT directed the deregistration
of diesel vehicles which are more than 10 years of age.

The basis of prayer in the present applications was that

the COVID-19 period should be excluded for calculating
the period of 10 years.

The NGT had earlier declined to lift its ban on such

vehicles in Delhi-NCR, noting that emissions from diesel
vehicles were carcinogenic.

The green panel said the Ministry of Heavy Industries
and Public Enterprises has failed to prove that the use of
10-year-old diesel vehicles will not be harmful to the
health of people.

It also said that a report of the pollution monitoring body

has declared that one new diesel car is equivalent to 24
petrol and 84 new CNG cars on road.

Referring to a report published by the Central Pollution
Control Board, the green body said the use of diesel in
vehicles was highly toxic carcinogenic and leads to an
untimely fatality.

On April 7, 2015, the NGT had banned all diesel vehicles

over 10 years old from plying in Delhi-NCR roads.


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Later, on July 18 and 20, 2016, it had ordered
deregistration of 15 to 10 years old diesel vehicles in the
national capital in a phased manner.

It had said that diesel vehicles which are 15-years-old
should be de-registered first and will not get No
Objection Certificate (NoC) for plying outside Delhi-NCR.

4. "Sorry state of affairs in Parliament; no clarity in

laws; lawyers should come to public life to address
this:" CJI
"Earlier, laws used to be discussed and deliberated.
(Now) we see the laws and there are lot of gaps and
ambiguity in laws. There is no clarity in laws. We don't
know what purpose the laws are meant for," the CJI said.

"Sorry state of affairs in Parliament; no clarity in laws;
lawyers should come to public life to address this:" Chief
Justice of India 

Chief Justice of India (CJI) NV Ramana on Sunday
lamented the falling standards in Parliamentary debates
and the laws made by the legislature stating that there is
lack of clarity in laws made by the law making body.

This, he said, was creating loss to the government and

lot inconvenience to the public besides leading to
increased litigation.


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Earlier, Parliament used to debate and discuss laws
before passing them and this meant that it was easier for
courts to interpret the laws.

That is no longer the case now, the CJI lamented.

"Earlier different, different laws used to be discussed and
elaborated in the parliament. So the burden of the courts
while interpreting or implementing the law is less. So the
legislative part was clear with respect to what they want
to tell us. Why they are making such a legislation. Now it
is sorry state of affairs, now we see legislation with sorry
state of affairs. Now we see legislations with lot of gaps,
and lot of ambiguity in making laws. There is no clarity in
laws. We don't know for what purpose are the laws being
made which is creating a lot of litigation, inconvenience
and loss to the government and inconvenience to the
public," he said.

He said that one reason for this is that good lawyers are
not coming to public life to contribute to law making.

"This is what happens when intellectuals and lawyers
are not there in the house," he said.

The CJI was speaking at the independence day

ceremony organised by the Supreme Court Bar
Association (SCBA).

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He pointed out that most of India's freedom fighters and
parliamentarians during initial years after independence
were lawyers.

"Our independence struggle was led by lawyers.

Mahatma Gandhi, Sardar Patel, Jawaharlal Nehru, Babu
Rajendra Prasad were all lawyers. They not only
sacrificed their profession but also their families and
properties," he said.

He, therefore, exhorted lawyers to actively participate in

social and public life.

"Don't confine yourselves to earning money and living
comfortably. I hope and expect you will contribute your
knowledge and experience to the country," the CJI said.

Solicitor General of India (SG) Tushar Mehta stated how
India is different compared to the neighbouring nations in
terms upholding the principles of democracy.

"India is a young democracy. Look around the
neighbouring countries and they call themselves
democracy and how it has failed partly. We have been
able to sustain it how it was envisioned by framers of the
Indian Constitution," said SG Mehta.

5. [NSA Detention] Erendro Leichombam habitual

offender, there was no custodial torture: Manipur
govt opposes plea for compensation

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Leichombam was detained under NSA for a Facebook
post criticising use of Cow dung as COVID cure. He was
released by the State on July 19 after the Supreme
Court took strong exception to the detention.

The Manipur government has opposed the plea by father

of of activist Leichombam Erendro seeking
compensation for his son's wrongful detention under the
National Security Act (NSA) for a Facebook post
criticising use of Cow dung as COVID cure (L
Raghumani Singh v. District Magistrate, Imphal West
District, Manipur).

In an affidavit filed before the top court, the State

government said that Erendro is a habitual offender and
that his arrest was needed to prevent him from abusing
his position as a political activist.

The government had on July 19 withdrawn the order

invoking National Security Act against Erendro after the
Supreme Court Bench of Justices DY Chandrachud and
MR Shah took exception to his detention.

"He cannot be kept in jail even for a day. We will order
his release today," the Supreme Court had said.

He was later released.
Advocate Shadan Farasat appearing for the father of the
activist, had pressed for compensation for his wrongful
detention to which the Court had sought the
government's response
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CURRENT AFFAIRS OF THE DAY
1. Taliban takes control of Presidential palace in
Kabul; Afghan President Ashraf Ghani flees to
Tajikistan
· Taliban have taken control of Afghanistan’s
presidential palace, hours after the insurgents
entered the Afghan capital Kabul yesterday
· . Both President Ashraf Ghani and Vice-President
Amarullah Saleh have left Afghanistan for
Tajikistan.

· US Embassy said the Kabul airport, where diplomats,

officials, and other Afghans have fled, have come
under fire.

· Hundreds of Afghans, some of them government
ministers and government employees and also
other civilians including many women and children,
crowded in the terminal desperately waiting for
flights out.
· American diplomats were evacuated from their
embassy by helicopter to the airport.

2. Festival of Parsi New Year Navroz being

celebrated today
· This is seen as a harbinger of peace and prosperity.
· According to Parsi priests, the arrival of the New Year
mainly depends on their Lunar calendar and that
with every New Year, there is a recreation of the
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 universe.

· Navroz is an occasion for friends and family to come
together in the celebration of kinship, brotherhood
and unity

3. Culture Minister G. Kishan Reddy inaugurates

Exhibition - Katha Kranthiveeron Ki to mark 75th yrs
of Independence.
· The Exhibition has on display more than 100 artworks
recognising unsung heros like Alluri Sitarama Raju
and Artwork created during Shaheedi Diwas,
Champaran Satyagraha and Jallianwala Bagh
camp.

· The exhibition is open for public viewing till 30th

August from 11.00 AM to 7.00 PM.

· The Minister said, it will also ensure that the Shaheedi

Diwas, Champaran Satyagraha and the Jallianwala
Bagh incident is commemorated appropriately.

4. 144 Gallantry awards announced for Armed

Forces, Police and Paramilitary personnel
· These include one Ashok Chakra, one Kirti Chakra, 15
Shaurya Chakras, four Bar to Sena Medals
(Gallantry), 116 Sena Medals (Gallantry), five Nao
Sena Medals (Gallantry) and two Vayu Sena
Medals (Gallantry).

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· ASI of Jammu and Kashmir Police, Babu Ram has
been posthumously honoured with Ashok Chakra
while Altaf Hussain Bhat who was serving as a
Constable in Jammu and Kashmir police has been
posthumously honoured with the Kirti Chakra.

· Of the 15 Shaurya Chakra awardees, three have been

given the honour posthumously.

· The President has also approved 28 Mention-in-

Despatches to the Army personnel for their
significant contributions in different military
operations which include three posthumous for
‘Operation Rakshak’.
· Besides, President also approved four awards for
conspicuous gallantry and meritorious service to
ICG personnel including one Tatrakshak Medal
(Gallantry), and three Tatrakshak Medal
(Meritorious Service).

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