TODAY'S LEGAL TABLET.

18 AUGUST 2021

The Career Empire

Judiciary | LL.B Entrance | IAS.
Rajouri Garden,Call:9268322688
New Delhi. www.thecareerempire.com

Vocabulary of the day

1. APOGEE : Climax: (चरमोत्कषर्)

Synonyms: apex, capstone
Antonyms: anticlimax, base

2. SUBSUME : Incorporate: (िकसी िनयम के अंतगर्त करना)

Synonyms: involve, contain
Antonyms: exclude, preclude

3. ENSHRINE : Consecrate: (प्रितष्ठािपत करना)

Synonyms: preserve, revere
Antonyms: desecrate, defile

4. ALLY : Associate: (सहयोगी)

Synonyms: partner, colleague
Antonyms: enemy, opponent

5.PEJORATIVE : Debasing: (अपमानजनक)

Synonyms: deprecatory, derogatory
Antonyms: complimentary, praising
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THE CAREER EMPIRE-RAJOURI GARDEN

HEADLINES TODAY

1.Supreme Court issues notice in

plea by TV Today Chairman Aroon
Purie against Delhi HC order refusing
to quash criminal defamation case
2. Kerala HC allows minor girl to
accompany father to Sabarimala for
darshan
3. Documents sought by CBI not
relevant to probe against Anil
Deshmukh: Maha govt tells HC
4. Women's freedom to decide
whether to continue with pregnancy
can't be taken away, says Kerala HC
5.Pegasus issue: SC issues notice to
Centre, says govt need not disclose
anything that compromises security

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Today's legal Tablet

1.Supreme Court issues notice in plea by TV Today

Chairman Aroon Purie against Delhi HC order
refusing to quash criminal defamation case

The criminal case was filed against Purie in relation to a

news item titled 'Mission Misconduct' which was
published by India Today magazine in its edition dated
April 30, 2007.

The Supreme Court today issued notice in a plea filed by

Chairman and Managing Director of TV Today, Aroon
Purie challenging an order of the Delhi High Court which
refused to quash a criminal defamation case against
him.

The Bench of Chief Justice of India NV Ramana and
Justices Surya Kant and Aniruddha Bose issued notice
today.

The criminal case was filed against Purie in relation to a
news item titled 'Mission Misconduct' which was
published by India Today magazine in its edition dated
April 30, 2007.

Before the High Court, Purie contended that at the time
of the publication of the news item, the allegation of
sexual harassment and financial irregularity had already
been made against the complainant, and steps for
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disciplinary proceedings had been initiated. The news
item, therefore, only reported a fact that was on public
record, it was stated.


After the complaint was lodged, the trial court had also
passed an order summoning Purie. This order, he had
argued, was liable to be quashed on the ground of
violation of Section 202 of the Code of Criminal
Procedure (CrPC) [mandatory enquiry into where the
accused was residing], as well as sections 196(2)
[previous sanction of the Central government or of the
State government or of the District Magistrate for certain
offences] and Section 197 [prosecution of judges and
public servants] CrPC.

The respondent, on the other hand, maintained that
India Today went ahead with the publication of an

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"unsubstantiated and unverified defamatory story" which
was splashed it all over the world through the medium of
internet, without any basis.

The Bench of Justice Yogesh Khanna dismissed Purie's

plea in April this year, noting in the order,

"...the assertions the news item merely reported facts

which were accurate and reflected public records and
cannot be held to be defamatory, cannot be accepted.
Rather such assertion and who was responsible for its
publication and has it came to the fore of editors require
critical examination and hence evidence of these issues
is required."

2. Kerala HC allows minor girl to accompany father

to Sabarimala for darshan
The Kerala High Court on Tuesday allowed a minor girl
to accompany her father to Sabarimala for 'darshan'.

The court gave the permission in view of a similar order

passed by it in April this year and the state government
order of August 4, which says that children can
accompany vaccinated persons in all activities they
undertake.

The order came on a plea moved by the minor girl, who

is 9 years old, seeking permission to accompany her
father to Sabarimala when he goes there on August 23.


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The lawyer representing the minor said that she wishes
to go to Sabarimala before she turns 10 years old as
then she may not be able to visit the shrine for more
than four decades. "We are of the considered opinion
that an interim order can be issued permitting the
petitioner to accompany her father to Sabarimala for
darshan on August 23," the high court said after hearing
the matter.

3. Documents sought by CBI not relevant to probe

against Anil Deshmukh: Maha govt tells HC
The Maharashtra government on Tuesday told the
Bombay High Court that it was willing to cooperate with
the CBI in its probe against former state home minister
Anil Deshmukh but the documents sought by the central
agency are "not relevant" to the case.

The state government submitted its affidavit in response

to an application filed by the Central Bureau of
Investigation (CBI) alleging the government was not
cooperating by refusing to hand over certain documents
in connection with a probe against Deshmukh.

The CBI had last month filed an application stating the

government was acting contrary to an order passed by
the HC which allowed the Central agency to inquire into
allegations of corruption in police transfers and
reinstatement of Mumbai Police officer Sachin Waze,
now dismissed.


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Former Mumbai police commissioner Param Bir Singh
had alleged that Deshmukh when he was home minister,
had instructed Waze and other police officers to collect
Rs 100 crore per month from bars in Mumbai.

Deshmukh had denied these allegations.

The state government claimed in the affidavit that the HC

had said the CBI didn't have "unfettered authority" to
probe police transfers that have "no nexus to
Deshmukh".

"Applicant (CBI) is demanding documents and/or

information which are not at all relevant in terms of
relevancy to the case it is probing," the affidavit said.

"The documents and/or material so demanded by the
applicant has no nexus whatsoever even either with the
then Hon'ble Home Minister (Deshmukh) and his
associates and/or any of the allegations made against
him and resultantly has no connection and therefore not
needed by the applicant for the purpose of carrying out
investigation," it said.

The government said the CBI was "overstepping its

authority, jurisdiction and power in demanding the
documents and/or information".

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The matter came up for hearing on Tuesday before a
division bench of Justices S S Shinde and N J Jamadar
which posted it for further hearing on Friday (August 20).


"We will consider the stand of the state government
then. But we are putting the state to notice...if we feel
that our orders are not being followed...we reserve our
comments for now," Justice Shinde said.

The affidavit filed by Kailas Gaikwad, Joint Secretary,

Home Department, added that the Maharashtra
government and its officials are duty-bound to cooperate
in the investigation being carried out by the CBI pursuant
to the conditional order passed by the HC.

"The State Government and its officials are ready and
willing to fully cooperate with the applicant (CBI) in its
investigation, provided the investigation is done strictly
within the four corners of orders passed by this Hon'ble
Court," the affidavit said.

It added the state government has no malafide intentions
to defy the orders of the high court.

The government said the documents sought by the CBI

is part of another investigation initiated by the police's
cyber cell concerning leakage of confidential information
and data theft.


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By demanding documents and/or information that is a
subject matter of this alleged crime, the CBI is interfering
with the investigation that is being carried out legally by
the cyber cell, the affidavit said.

In an application filed last month, the CBI said it had

written a letter to the State Intelligence Department
seeking details of a communication sent by senior IPS
officer Rashmi Shukla on the issue of corruption in police
transfers and postings, but the SID refused to provide
them claiming it was part of an ongoing investigation.

The high court on July 22 held that the CBI can inquire
the allegations of corruption in transfers and postings of
police personnel and dismissed a petition filed by the
Maharashtra government seeking that some parts of the
Central agency's FIR against Deshmukh be quashed.

The CBI on April 21 registered an FIR against
Deshmukh on the charges of corruption and misuse of
the official position. The FIR was lodged after the agency
conducted a preliminary enquiry against the NCP leader
following an order from the HC on April 5.

Deshmukh is also facing a probe by the Enforcement

Directorate (ED) under the Prevention of Money
Laundering Act (PMLA).

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On Monday, the Supreme Court refused interim
protection to the 71-year-old NCP politician from any
coercive action by the federal agency.

4. Women's freedom to decide whether to continue

with pregnancy can't be taken away, says Kerala HC
The freedom of a woman to decide whether to continue
with a pregnancy cannot be taken away, the Kerala High
Court has said while allowing a mildly mentally
challenged mother to abort her more than 22 week old
abnormal foetus.

The high court said that the right of a mother to
terminate her pregnancy, if there was substantial risk
that after birth the child could suffer from abnormalities
which could seriously handicap him or her, has been
recognised by the courts.

In the instant case, the woman was mildly mentally

challenged and according to the report of a medical
team which examined her, the foetus was suffering from
Klinefelter syndrome -- a genetic condition in which a
male is born with an extra copy of the X chromosome.

The syndrome is a chromosomal anomaly associated
with variable mental sub normality, endocrine problems
and psychological issues in later life, the court noted in
its order. According to the medical report, beside mild
mental disabilities, the woman also suffers from visual

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disturbances, seizures and weaknesses of the left lower
limb with a permanent disability of 55 per cent.

The report said that while Klinefelter syndrome was not

life threatening, since the mother has mild mental
disability and impaired adaptive skills, "she might find it
difficult to cope with the child rearing demands of a baby
with disability".

"For the above mentioned reasons, medical termination
of pregnancy is recommended," the report said.

After perusing the report, the high court said, "The
freedom of a pregnant woman in making a choice as to
whether the pregnancy should be continued cannot be
taken away. Likewise, the right of the mother to
terminate the pregnancy medically even after the
permissible period in terms of the provisions of the
Medical Termination of Pregnancy Act, has been
recognised by the courts, if there is substantial risk that if
the child were born, it would suffer from abnormalities as
to be seriously handicapped." "In the result, the writ
petition is allowed and the first petitioner (mother) is
permitted to undergo the procedure for termination of the
pregnancy. The respondents concerned would be free to
undertake the said procedure at the risk of the first
petitioner," the court added.

The order came on a plea moved by the woman and her
husband seeking to medically terminate the over 22
week old pregnancy on the ground that continuing with it
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would pose a risk to the mother's life and the baby would
suffer from physical and mental abnormalities.

5.Pegasus issue: SC issues notice to Centre, says

govt need not disclose anything that compromises
security
The Supreme Court Tuesday issued notice to the Centre
on a batch of pleas seeking an independent probe into
the alleged Pegasus snooping matter, adding that it did
not want the government to disclose anything which
might compromise national security.

The court is hearing a batch of pleas, including the one

filed by Editors Guild of India, seeking independent
probe into the matter.
The Supreme Court issued notice to the Centre on
Tuesday and sought a reply within 10 days on a batch of
petitions demanding an independent probe into the
Pegasus snooping issue.

The Supreme Court, however, made it clear that it did
not want the government to disclose anything that might
compromise national security.

A bench headed by Chief Justice N V Ramana said it

would take up the matter after 10 days and see what
course should be adopted.

Solicitor General Tushar Mehta told the Supreme Court

that the Centre cannot disclose whether Pegasus or any

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other software was used for surveillance as it was a
national security issue. He said the government cannot
put these details in the public domain.

"However, the Centre is willing to disclose details to the

committee of independent experts," Tushar Mehta said.

"We as judiciary don't like to compromise with the

security of the nation. None of us would like for the
system put in place for the defence of the nation to be
disclosed The issue is limited," the Supreme Court said.

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CURRENT AFFAIRS OF THE DAY
1.Remission of Duties and Taxes on Exported
Products (RoDTEP) scheme.

· A budgetary allocation of ₹12,454 crore has been

made for 2021-22 under the scheme which covers
8,555 tariff lines, accounting for about 75% of
traded items and 65% of India’s exports.

· The scheme was announced in 2020 as a
replacement for the Merchandise Export from India
Scheme (MEIS), which was not compliant with the
rules of the World Trade Organisation.

· The scheme would refund to exporters the embedded
central, state and local duties or taxes that were so
far not being rebated or refunded and were,
therefore, placing India’s exports at a disadvantage.

· Key features:

Ø To enable zero rating of exports by ensuring domestic

taxes are not exported, all taxes, including those
levied by States and even Gram Panchayats, will
be refunded under the scheme.
Ø The rebates under RoDTEP is WTO-compliant as per
legal advice, range from 0.5% to 4.3% of the
Free On Board value of outbound consignments.

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Ø The lowest rate is offered on items like chocolates,
toffees and sugar confectionary, while yarns and
fibres have been granted the highest rate.
Ø Steel, pharma and chemicals have not been included
under the scheme because their exports have
done well without incentives.

2. World’s second-largest refurbished state-of-the-art

National Gene Bank was inaugurated recently at the
National Bureau of Plant Genetic Resources
(NBPGR), Pusa, New Delhi.
· People save money in banks, in case of an
emergency. Genetic banks serve a similar purpose
for farmers and scientists who work to conserve
rare plants and animals.

· Researchers or farmers can withdraw samples from

these “gene” banks to help rebuild populations of
rare plant varieties and animal breeds or to help
increase genetic diversity within species.
· Gene banks also preserve cells or organisms that host
unusual gene variants — genes with special traits.
Those genes might later prove useful when some
disease epidemic strikes, when the climate
changes or when other factors threaten the survival
of plants or animals.
· Farmers could use the banked deposits — stored cells
or tissues — to restore genetic diversity or to
introduce traits from other breeds or varieties.

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· Established in 1996 to preserve the seeds of Plant
Genetic Resources (PGR) for future generations.
· It has the capacity to preserve about one million
germplasm in the form of seeds.
· It stores different crop groups such as cereals, millets,
medicinal and aromatic plants and narcotics, etc.
· Presently, the National Gene Bank has been
protecting 4.52 lakh accessions, of which 2.7 lakh
are the Indian germplasm while the rest have been
imported from other countries.
· NGB has four kinds of facilities to cater to long-term as
well as medium-term conservation namely:
Ø Seed Gene bank (- 18°C).
Ø Cryo gene bank (-170°C to -196°C).
Ø In-vitro Gene bank (25°C).
Ø Field Gene bank.

3. UP’s Two-child policy

· After reviewing over 8,000 suggestions from the
public, the Uttar Pradesh State Law Commission
has submitted a report and draft Bill of a new
population control law (The Uttar Pradesh
Population (Control, Stabilisation and Welfare) Bill,
2021) proposing two-child policy to the State
government.

· Special facilities to all families (irrespective of the BPL

category) who have only one child and undertake
voluntary sterilisation.

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· A person who has more than two children after the law
comes into force would be debarred from several
benefits such as welfare schemes.

· The new policy has provisions to give incentives to
those who help in population control.

· The new policy aims at:

‣ Ø Decreasing the total fertility rate from 2.7 to 2.1 by

2026 and 1.7 by 2030.
‣ Ø Increase modern contraceptive prevalence rate
from 31.7% to 45% by 2026 and 52% by
2030.
‣ Ø Increase male methods of contraception use from
10.8% to 15.1% by 2026 and 16.4% by
2030.
‣ Ø Decrease maternal mortality rate from 197 to 150
to 98, and infant mortality rate from 43 to 32
to 22, and under 5 infant mortality rate from
47 to 35 to 25

4. Drug trafficking in India

· The anti-drug law enforcement agencies are
suspecting a steep surge in cross-border trafficking
of heroin and crystal methamphetamine with the
rapid Taliban takeover in Afghanistan.
· Drugs have been a major source of revenue for the
Taliban. With the collapse of Afghanistan’s

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 economy, the Taliban will rely heavily on drug
money to maintain control over their cadres.
· According to the latest World Drug Report of the
United Nations Office on Drugs and Crime:
· Afghanistan reported a 37% increase in the extent of
land used for illicit cultivation of opium poppy during
2020 compared with the previous year.
· The country accounted for 85% of the global opium
production last year.
· Despite the improved capabilities of the Afghan
specialised units over the years, drug seizures and
arrests had minimal impact on the opium-poppy
cultivation.
· Afghanistan is also turning out to be a major source
for methamphetamine.

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