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Prabir Purkayastha’s Arrest By Delhi Police & Remand Illegal : Supreme Court Orders NewsClick Editor’s Release In UAPA Case
Bysclaw
May 26, 2024By sclaw
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Jammu and Kashmir State Ranbir Penal Code SVT., 1989 – Sections 306 and 411 – Unlawful Activities (Prevention) Act, 1967 – Section 39 – The case involves charges against respondents for attempting to ambush a CRPF convoy with explosives – The Special Judge, NIA, took cognizance for some offences but not others due to procedural issues – The appeal challenges the High Court’s judgment on the cognizance of charges under various sections of the RPC, 1989, and UAPA, 1967, particularly focusing on the applicability of Section 196-A of JK CrPC, 1989 – The National Investigation Agency argues that post the Jammu & Kashmir Reorganisation Act, 2019, the CrPC, 1973 should apply, and the need for authorization under CrPC, 1989 is not required – The respondents argue that the complaint was conveyed when CrPC, 1989 was in force, and non-compliance recorded by the court should be upheld – The Supreme Court allows the appeal in part, allowing the appellant to seek appropriate authorization under CrPC, 1989, and directing the trial court to take cognizance if the appellant complies with the required authorization under CrPC, 1989.
Jun 3, 2024
sclaw
Rule for Video Conferencing for Courts, 2020 – Rule 6 – The case involves appeals against the order of the Patna High Court which directed a de novo trial and made observations against the Special Judge’s approach in conducting the trial – The appeals raise questions regarding the legality of the High Court’s order, the conduct of the trial by the Special Judge, and the application of video conferencing rules in court proceedings – The appellant challenges the High Court’s order of remittal and the observations made against the Special Judge – The respondent defends the High Court’s decision and the observations made therein – The Supreme Court’s judgment addresses the legal provisions for conducting a trial, witness protection, fair trial principles, and the supply of documents to the accused – The Court examines the rules for video conferencing, witness protection scheme, and the importance of a fair trial in the criminal justice system – The judgment discusses the procedural safeguards in the CrPC, 1973, and their substantive elements that protect constitutional rights – The Court emphasizes the need for due compliance with procedural laws to ensure a fair trial and the rights of all stakeholders, including the accused, the victim, and society
Jun 2, 2024
sclaw