#Jharkhand judicial process

[townpostin]

Court Reprimands Mango Police in Cyber Crime Case

Show-Cause Notice Issued Over Failure to Track Absconding Accused Bail revoked for two suspects as local law enforcement faces scrutiny for non-compliance with court orders. JAMSHEDPUR – The Special Court for Cyber Crime has issued a show-cause notice to the In-charge of Mango police station, highlighting a growing rift between the judiciary and local law enforcement. The court’s action comes in…

[digitalsanshta]

If you're looking to kick-start your judicial career, the Jharkhand High Court (JHC) District Judge Recruitment 2024 could be the golden opportunity you've been waiting for. With Job Update Now, we bring you the latest and most accurate information regarding this prestigious recruitment. Here’s everything you need to know about applying for the JHC District Judge post, including eligibility criteria, application process, and other key details.

Overview of Jharkhand High Court District Judge Recruitment

The Jharkhand High Court is one of the most prominent judicial bodies in India, and each year, it offers vacancies for various judicial positions. The District Judge recruitment is an exclusive and competitive opportunity for experienced legal professionals to advance their careers. “Jharkhand High Court JHC District Judge Recruitment” This recruitment drive is a gateway for law graduates and experienced advocates to serve as District Judges in Jharkhand, one of India’s rapidly growing states.

Eligibility Criteria for JHC District Judge Recruitment 2024

Before applying, candidates must ensure that they meet the required eligibility criteria set by the Jharkhand High Court. Here’s a breakdown:

Age Limit:

The candidate must not be less than 35 years and not more than 50 years of age.

Relaxations in age may apply as per the government’s reservation policies.

Educational Qualifications:

The applicant must hold a degree in Law from a recognized university.

Candidates must have at least 7 years of practice as an advocate in any court in India.

Experience:

A minimum of 7 years of continuous practice in the legal field is mandatory.

Nationality:

Only Indian nationals are eligible to apply.

Application Process for Jharkhand High Court District Judge Recruitment 2024

Applying for the Jharkhand High Court District Judge post is a straightforward process. Follow these steps:

Visit the Official Website: Start by visiting the official Jharkhand High Court website. Here, you’ll find the official notification for the District Judge recruitment, along with the application form.

Fill the Application Form: Carefully fill out the application form with all the required details. Ensure that all the information is accurate and up-to-date.

Upload Documents: Upload scanned copies of all necessary documents, such as:

Educational certificates

Bar Council Registration

Age proof (DOB certificate)

Recent passport-size photograph

Payment of Fees: After filling out the form, candidates need to pay the application fee through the available online payment methods. The fee details will be mentioned in the official notification.

Submit the Application: After filling out the form and uploading the documents, submit the application. Don’t forget to take a printout of the confirmation page for future reference.

Selection Process for Jharkhand High Court District Judge

The selection process for the District Judge post is rigorous and consists of the following stages: “Jharkhand High Court JHC District Judge Recruitment”

Preliminary Examination:

This is a written test that includes general knowledge, legal aptitude, and relevant law subjects.

It serves as a screening test to shortlist candidates for the next stage.

Main Examination:

Candidates who qualify the preliminary examination are eligible for the main exam, which focuses more on legal subjects, case laws, and practical applications.

Viva-Voce (Interview):

The final stage of the selection process is an interview, where candidates’ skills, experience, and personality are assessed.

Salary and Benefits for District Judges in Jharkhand

The salary for the Jharkhand High Court District Judge is competitive and in line with the judicial pay scales set by the government. As a District Judge, you will be entitled to several benefits including:

Attractive Pay Scale: District Judges in Jharkhand receive a handsome salary package that includes allowances such as house rent, dearness allowance, and other perks.

Job Security: Working as a District Judge comes with great job security, given the esteemed nature of the position in India’s judicial system.

Pension and Retirement Benefits: District Judges are also entitled to pension benefits post-retirement.

Important Dates to Remember

The Jharkhand High Court District Judge Recruitment 2024 is expected to follow the annual schedule. Be sure to keep an eye on the official notification for important dates such as:

Start Date for Online Application

Last Date to Apply

Examination Date

Why Choose Job Update Now?

At Job Update Now, we strive to bring the most relevant and timely information for job seekers. We provide updates on the latest job vacancies, including the JHC District Judge Recruitment, exam patterns, syllabus, “Jharkhand High Court JHC District Judge Recruitment”  and more. Stay tuned with us to never miss an update and ensure that your job search is as smooth and efficient as possible.

[amityranchi]

Learn about LLB Course at Amity Ranchi: Why choose Amity Ranchi

The LLB course at Amity University Ranchi is designed to provide students with a comprehensive understanding of legal principles and practices. The program is designed to equip students with the knowledge, skills, and practical experience necessary to succeed in the legal profession.

Our curriculum covers a wide range of legal topics, including Indian Constitution and Political Science, Contracts, Family Law, Property Law, Criminal Law, Administrative Law, Environmental Law, Labour Law, and Human Rights Law, among others.

Career Scope

Here are three career scopes for someone with an LLB degree:

Legal Practitioner: An LLB degree opens up the opportunity to practice law as a legal practitioner. Lawyers can work in private law firms, corporate legal departments, government agencies, and as individual practitioners. Legal practitioners offer legal advice, prepare legal documents, represent clients in courts, and negotiate settlements.

Legal Advisor/Consultant: Another career option for someone with an LLB degree is to work as a legal advisor or consultant. Legal advisors work with individuals, organizations, and companies to provide legal advice, draft legal documents, and assist in decision-making processes. Legal consultants, on the other hand, provide legal advice to organizations on specific legal issues or projects.

Judicial Services: An LLB degree also provides the opportunity to work in the judicial services. Graduates can apply for positions as judges, magistrates, or public prosecutors in the judiciary. These positions require strong analytical and decision-making skills, as well as knowledge of the law and legal procedures. 

Full Time Courses

BA LLB Program Details

Course: B.A.,LL.B (Hons)

Duration: 5 years

Eligibility: Pass 12th with min. 50%

Program fee: 0.70 (Rs. In lakhs)

Course: LL.B (Hons.)

Duration: 3 years

Eligibility: Graduation with min. 50%

Program fee: 0.655 (Rs. In lakhs)

The 3 Years LLB Course at Amity University in Jharkhand provides a comprehensive understanding of legal principles and practices in India. The program emphasizes critical thinking, analytical reasoning, and problem-solving skills, along with practical experience in legal clinics, internships, and moot court competitions. The curriculum integrates legal technology and offers opportunities for specialization in various areas of law.

Here are some skills that LLB course at Amity Ranchi focus on to prepare students for a career in LLB:

Strong understanding of legal principles and legal systems in India

Analytical and critical thinking skills

Effective communication and interpersonal skills

Strong writing skills to prepare legal documents, briefs, and contracts

Knowledge of Indian Constitution and Political Science, Contracts, Tort Law, Family Law, Property Law, Criminal Law, Administrative Law, Environmental Law, Labour Law, and Human Rights Law

Practical experience through internships and legal clinics

Knowledge of legal technology and research databases

Professional ethics and social responsibility awareness in legal practices

Problem-solving skills to resolve legal disputes

Attention to detail and accuracy in legal documents and research

Awareness of current legal issues and developments

Strong negotiation and mediation skills

At Amity, the three-year LLB course is like a superhero training camp for aspiring lawyers. With a focus on critical thinking, problem-solving, and practical experience, students are equipped with the skills and knowledge they need to save the day in the legal profession. From legal clinics to moot court competitions, we ensure that our students are ready to fight for justice and make a real difference in the world!

Join LLB course at Amity Ranchi today. Visit us at www.amity.edu/ranchi 

Source : https://sites.google.com/view/llb-course-at-amity/home?authuser=1

[laweducation]

Law Clerk (Trainee) At High Court Of Judicature At Allahabad Post - 32

APPLICATION FOR THE POST OF LAW CLERKS (TRAINEE)

HIGH COURT OF JUDICATURE AT ALLAHABAD RECRUITMENT - 2023 Total Number Of Posts For Law Clerk (Trainee) :- Post 32(Number of vacancies may be increased or decreased at any time during the course of the engagement.) The engagement shall be purely short-term contractual basis initially for the duration of one year which is liable to be extended further for upto one more year subject to his/her performance being found to the satisfaction of the Hon’ble Judge with whom he/she is attached. However, the term may be changed/terminated at any time, without any notice. Application Start date - 06.03.2023 Application Last date - 21.03.2023 Till 11.59 P.M. Payment of Last date - 22.03. 2023 Till 11.59 P.M. Age Limit for Law Clerk (Trainee) :- Minimum Age 21 year Maximum Age 26 Year on 01.07.2022 Salary :- fixed honorarium of Rs. 25,000/- per month with no Dearness Allowance or any other allowances or perquisite such as residential accommodation, etc. Application fee for Law Clerk (Trainee) :- Rs. 300/- and bank charges, as applicable, shall be charged per candidate for submitting online application and payment shall be made online. Essential Qualifications :- (i) Three Years’ Professional/Five Years Integrated Degree in Law from any Law College or recognized University throughout the country. Applications shall be accepted from such 'Law Graduates' who have not started practicing as an advocate nor are engaged in any other profession or vocation/service. Candidates who have appeared in LL.B. (Final Year) Examination and are awaiting results may also apply. Only those Law Graduates who have scored not less than 55% marks in their LL.B. examination are eligible to apply for the post of Law Clerks (Trainee). They shall be required to submit their final year mark sheet of the LL.B. Examination at the time of the interview, which may be held in the month of April 2023. (ii) Computer knowledge, i.e., Data Entry, Word Processing, and Computer Operations.Selection Procedure :- For final selection, competence shall be judged based on the interview, which will be held only in Allahabad. The candidates will be called for an interview only after screening. No T.A. etc. will be payable for attending the interview. Important Links for Law Clerk - Apply Form :- LAW CLERKS (TRAINEE) – 2023 Official Notification :- Click Here Official Website :- High Court of Judicature at Allahabad Other Recruitment :- Judicial Academy Jharkhand Recruitment 2023 Research Scholar | Legal Job HPSC Assistant District Attorney Recruitment 2023 Complete details Legal Associate Requirement in Ministry of Environment, Forest and Climate Change Read the full article

[vilaspatelvlogs]

सोमवार से शुरू होगी झारखंड HC की न्यायिक प्रक्रिया, समस्याओं को देखते हुए लिया फैसला

सोमवार से शुरू होगी झारखंड HC की न्यायिक प्रक्रिया, समस्याओं को देखते हुए लिया फैसला

[ad_1]

रांची: कोरोना संक्रमण का दायरा झारखंड हाइकोर्ट भी पहुंच चुका है जिसे लेकर ऐहतियातन हाइकोर्ट की न्यायिक कार्य स्थगित कर दिए गए थे, लेकिन हाइकोर्ट के न्यायिक कार्य स्थगित रहने की वजह से लोगों को ज़्यादा परेशानी न हो इसके लिए सोमवार से हाइकोर्ट की न्यायिक कार्य सीमित तरीके से शुरू की जा रही है. इसकी जानकारी रजिस्ट्रार जनरल ऑफिस ने दे दी है.

एक नियमित खंडपीठ और 3 अन्य बेंच की ओर से की जाएगी…

[wooe-in-blog]

Jharkhand District Court 219 Judicial Officer Recruitment 2019

Jharkhand District Court Judicial Officer Recruitment 2019 Jharkhand District Court Recruitment Notification 2019 for 219 Posts of Judicial Officer Jharkhand District Court Judicial Officer Latest Vacancy News 2019 JDC Judicial Officer Recruitment 2019 Jharkhand DC Judicial Officer Latest Vacancy 2019 Jharkhand District Court Judicial Officer Apply Online Link 2019 Jharkhand District Court Judicial Officer News 2019 Jharkhand District Court Judicial Officer Recruitment 2019 Latest Update Dated 12.09.2019: Jharkhand District Court Will Soon Recruit the 219 Candidates for Judicial Officer Posts. Candidates Can Check More Details from Below Image………..

Details of Vacancy : Judicial Officer – 219 Posts Age Limit : Details About the Age Limit is Not Declared Yet So Candidates Should Wait for the Official Announcement. Exact Details About the Age Limit Will be Provided With the Upcoming Detailed Advertisement. Pay Scale : Pay Scale Will be Updated with the Upcoming Detailed Advertisement. Education Qualification : Details about the Essential Education Qualification Will be Provided in the Upcoming Detailed Advertisement. Application Fee : Details Will be Provided With the Upcoming Detailed Advertisement. How to Pay Fee : Details Will be Provided With the Upcoming Detailed Advertisement. How to Apply : Candidates Should Wait for the Upcoming Advertisement to get Details About the Application Submission Process. Candidates are required to apply online through website of Jharkhand District Court only. No other means/mode of application will be accepted. All the candidates before submission application fee check all the entry fill in the form is corrected because after fee submission under any circumstances fee should not be refundable. Important Dates : Application Started—Last Date of Application Submission—Submit Application Fee—Exam Date— Important Link Area : Download Advertisement Available SoonApply Online Available SoonSyllabus Exam Pattern—Admit Card—Official Websitehttps://districts.ecourts.gov.in/jharkhand Read the full article

[girishmashah-blog]

Old Video Falsely Shared As Jharkhand Lynching Victim’s Funeral Procession

Viral posts try to pass off a year-old funeral procession of one Tabrez Alam, a henchman killed in Bihar last year, as that of Tabrez Ansari.

Fake News: An eight-month-old funeral video of Tabrez Alam, a sharpshooter from Bihar, is being passed as that of Tabrez Ansari who was tied to an electric pole and beaten to death by a frenzied mob in Jharkhand on June 18, 2019.

Tabrez Ansari was attacked by a mob in Saraikela Kharsawan district of Jharkhand on June 18 on the suspicion of theft.

He was tied to an electric pole, beaten for four hours and forced to chant ‘Jai Shri Ram’ and ‘Jai Hanuman’ before police took him into judicial custody on the charges of theft. He died four days later on June 22.

The disturbing video of the people hitting Tabrez with a stick and forcing him to chant ‘Jai Shri Ram’ and ‘Jai Hanuman’ has been viral ever since.

However, an unrelated video showing a large crowd at a funeral procession is being shared as that of Ansari’s funeral.

A caption with the viral video reads ‘Tabrez Ansari’s funeral. #JusticeForTabrez #HangTheCulprits’.

The viral post can be viewed here

[hemapriya022-blog]

India’s growing demand for Quality Doctors

How the government plans to fix the issue?

The Indian medical education system has around 529 registered medical colleges. Medical schools in India create the largest number of doctors in the world corresponding to the rapid increase of medical colleges in the last two decades, particularly within the private sector. The Medical Council of India (MCI), the regulatory body, is required to approve any important reforms in medical curricula. The authorization procedure for medical schools in the past has placed higher importance on the infrastructure along with staff and lesser on the quality of education imparted to the students. But this is about to change with the formation of the Medical Assessment and Rating Board or MARB which is to be responsible for granting permissions for the creation of new medical colleges and for existing medical colleges to start PG programs.

The deficit of quality doctors is one of the major problems that is plaguing the current Indian medical system. The various loopholes that have been identified in the MCI regulations have made it possible for some private medical colleges without proper infrastructure or an adequate number of patients to get accreditation. This has been one of the key contributing factors in the gradual decline in quality of medical education in India over the years, a problem that the current government plans to tackle head-on with the introduction of the new National Medical Commission (NMC) Bill.

According to a 2018 report, the doctor-patient ratio in India stands at 1:1300 but is gradually improving and is expected to reach the World Health Organisation (WHO) norm of 1:1000 by 2024. This when compared to other developed countries like the USA (1:400), Germany (1:244) and Australia (1:303) places further emphasis on our government’s efforts in increasing the number of doctors in the country. These numbers are inclusive of various medical practitioners like ayurveda, homeopathy, unani and allopathy, but taking only allopathic (modern medicine) practitioners into consideration would drastically reduce the stated doctor-patient ratio.

India has such a huge resource of doctors but still finds it challenging in providing quality treatment to their patients. Statistics show that Tamil Nadu has a doctor-patient ratio of 1:253 whereas Jharkhand has 1:8180. This disproportion of doctors pan India is one of the most important issues faced by the medical system as its resulting issues are very widespread. Half of the children in India are not immunized and less than half of the women don’t receive proper prenatal care during pregnancy. With the demand for doctors being high in rural areas, this uneven spread of qualified doctors shows us that it’s not just about the quality of education, but several other factors that affect the entire Indian medical system as a whole.

In the current Indian medical education system, around 15.2 lakh students registered for the pre-medical entrance test in 2019, out of which only about 75,000 turn out to be fortunate enough to secure a seat. This huge gap in the numbers has given rise to a latest trend where an increasing number of students prefer to study medicine abroad as many countries provide Indian students with the opportunity to pursue a high quality medical education at very affordable costs.

With the introduction of the government’s new NMC bill, the number of available medical seats in the country is set to steadily increase year-on-year, while the Indian healthcare industry is also on the rise with an estimated 2500 new hospitals to be setup within the next 5 years. Although this is a positive factor in our country’s progress, and given that we continue to maintain this rate of steady growth, it will take us at least a decade at minimum to close the gap between the number of medical aspirants and the number of seats available to them. But until then, it will be the overseas study option that provides medical aspirants with a further chance at becoming a doctor and in-turn contribute to India’s growing number of qualified doctors.

Privatization of educational institutions has further added to the commercialization of medical education in India. There have been many incidences in the past where private medical colleges were in the practice of taking exorbitant amounts of money as illegal fees and donations. But with the introduction of the new bill, the National Medical Commission from now will regulate all fees related charges for 50 percent of all seats in both deemed universities and private medical colleges, making medical education in India more accessible and affordable.

Most faculties in private medical colleges are extremely busy private practitioners and their private practice in some way or the other compromises with their required research and preparation time. The demand for quality doctors is so much that many of them choose to do multiple practices, with most having a clinic of their own and also practicing as a visiting doctor in high-end hospitals. This shift by doctors affects their performance in teaching and hence, it becomes one of the main contributing factors that adds to the lack of quality educators in the Indian medical system.

The National Medical Commission (NMC) Bill was introduced by Union Health Minister Harsh Vardhan in Lok Sabha on July 22, 2019. The Indian Medical Council Act will be repealed after the National Medical Commission Bill is put into practice. This bill has introduced a new entrance exam called the National Exit Test (NEXT) for the students of MBBS. The NEXT will also serve as a screening test for Indian students who have a graduation degree in medicine from a foreign country. The Medical Bill was approved by the Union Cabinet which stated that the National Eligibility cum Entrance Test (NEET), common counseling and NEXT shall even apply to Institutes of National Importance (INIs) similar to AIIMS to have common standards in India. The release stated that Commission will control fees and all other charges for 50 percent seats in private medical colleges and deemed universities. The statement further added that the Medical Assessment and Rating Board (MARB) will carry out an assessment to the medical college and develop a system of ranking medical colleges that would allow the students to chose the medical college judiciously. Such measures will assure a more transparent admission process and also bring about a significant decrease in all admission related costs and charges.

As demonstrated in the past, India has been on the back foot when it comes to the quality of medical education, which in turn directly influences the country’s need for more qualified doctors. But things are about to take a turn for the better with the introduction of the new National Medical Commission Bill. With this bill, the Indian government aims to drastically reform the current Indian medical education system by bringing in high-quality and up-to-date study material while also factoring in a much-needed degree of fairness and transparency into the entire student selection process.

– Authored by Mr. Saju Bhaskar, Founder & President of Texila American University located in Guyana, South America

click the below link to know more:https://blog.tauedu.org/indias-growing-demand-for-quality-doctors/

[townpostin]

Excise Constable Recruitment: 5 Candidates Die During Physical Test

Opposition slams Hemant Soren govt over deaths, demands judicial inquiry Tragic deaths during the physical endurance test for excise constable recruitment spark controversy in Jharkhand. RANCHI – Five candidates died during the physical endurance test for excise constable recruitment in Jharkhand, prompting criticism of the state government. BJP state president Babulal Marandi lambasted the…

[whittlebaggett8]

SC directs Centre to disburse funds to states for infrastructure for subordinate judiciary

New Delhi: The Supreme Courtroom Tuesday directed the Centre to disburse resources allocated for a variety of state governments to create infrastructure and filling up vacancies in subordinate judiciary. A bench of Main Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna perused the report filed by senior advocate Vijay Hansaria, appointed as amicus curiae in the matter. Taking observe of the report, the bench directed that the compliance stories of the Centre, point out governments and Union Territories be sent to the amicus curiae — a single who assists a courtroom by presenting information and expertise on the problems pertaining to a case. Hansaria, assisted by advocate Sneha Kalita, sought directions to the Centre, as a a single time measure, to consider release of Rs 15,000 crore for pending proposals in a phased manner and the matching contribution by the condition governments and UTs. He pointed out that with regard to brief expression directions whereby the states ended up needed to submit to the Centre utilisation certificates of cash disbursed, only eight states and three Union Territories — Madhya Pradesh, Uttarakhand, Nagaland, Tamil Nadu, Odisha, Assam, Goa and Jammu & Kashmir, Delhi, Andaman & Nicobar island and Puducherry — have submitted the required aspects. In the note, Hansaria sought instructions to the states of Uttarakhand (Rs 2.30 crore), Arunachal Pradesh (Rs 2.92 crore), Tripura (Rs 16.97 crore), Puducherry (Rs 7.95 crore), Delhi (Rs 10.92 crore) and Chandigarh (Rs 7.97 crore) to post their pending utilization certificates for 2017-18 in a thirty day period. Further more, he sought instructions to the Centre to restore the earlier fund sharing sample of 75 for each cent and 25 for each cent. “District courts had been largely engaged in administering disputes arising out of central laws and disbursement of the amount of money by the central authorities has lowered because 2015-16 from Rs 900 crores around to Rs 650 crores in 2018-19,” the report stated. The apex court, which is checking filling up of vacancies and ways taken for upgrading services such as developing ample courtrooms, experienced before mentioned the cash will be disbursed immediately after the point out governments provide the Centre the utilisation certificates of cash disbursed before. Hansaria experienced earlier informed the courtroom that data obtained from Tamil Nadu, Kerala, Tripura and Sikkim showed that distribution of money was not uniform and advertisement hoc amounts were being specified to distinct states from time to time. He mentioned that there was a need to have for the Centre to sanction Rs 6.09 crore as central share and Rs 4.06 crore of state share for new proposals to Tamil Nadu. Even further, it was brought to the see of the apex court docket that there was a require for instructions for disbursal of central money of Kerala for 2013-14 to 2016-17 and Tripura’s share for 2015-16 to 2018-19. The court docket was informed that Sikkim has been supplied with whole amount used on centrally sponsored plan. It was also advised that disbursement of money by the Centre has lessened since 2015-16 from Rs 900 crore approximately to about Rs 600 crore per year. The apex court on its own experienced taken note of around 5,000 vacancies for judicial officers throughout the state and experienced directed all the 24 high courts and 36 states and UTs to apprise it of remedial steps. It is also monitoring the steps taken for building the infrastructure in subordinate judiciary. The best court experienced appointed senior advocates Shyam Divan, K V Vishwanathan, Vijay Hansaria and lawyer Gaurav Agrawal as amicus curiae and requested them to assist it in working with the scenario. Divan would offer with the vacancies and the processes desired to fill them up in Uttar Pradesh, Maharashtra, West Bengal, Chhattisgarh, Delhi and the Northeast states. When Vishwanathan would support the best court in working with the vacancies in Gujarat, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka and Kerala, Hansaria would offer with those people in Madhya Pradesh, Chennai, Odisha, Patna and Punjab and Haryana. Agrawal would render support to the best court docket in working with the situation of vacancies in states of Rajasthan, Sikkim, Telangana, Andhra Pradesh, Tripura and Uttarakhand.

  Supreme Court docket

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[postolo]

GNLU | Open House Session with Mr. Shyam Divan on ‘Liberty, Privacy and Aadhar: Has the Supreme Court ushered in a surveillance society?’

The GNLU Centre for Law and Society organised an Open House session on The Right to Privacy and Aadhaar Scheme with Mr. Shyam Divan, learned Senior Advocate, Supreme Court of India sharing his insights on the topic “Liberty, Privacy and Aadhar: Has the Supreme Court ushered in a surveillance society?”

In the course of his address, he shared a personal experience from a visit to a school in a village in Jharkhand, where failures of the fingerprint authentication system were creating ghosts, against the proclaimed objective of the system being to eliminate false identities.

He expressed concerns with the present system – though the Aadhaar is a seemingly well organised system, the troubling aspect is the electronic tracking of a person as he progresses through life. The tracking will eventually usher in a surveillance state. The collection of data would enable the State to build profiles of individuals. In this context, he stated “This will leave an indelible authentication trail which will give the State and its organs tremendous power over individuals.”

Speaking about the linking of Aadhaar to various services, he stated that “While all this is welcome from a convenience perspective we need to ensure that our liberties are intact. If Aadhaar is allowed to grow and expand unchecked…it is possible easily to profile an individual.”

The concerns that the petitioners in the case had raised was that if over time, every service was to be linked to Aadhaar, “the disabling of Aadhaar would mean civil death.”

Mr. Divan pointed to two affidavits from the petitioners – and an expert report from the UIDAI that all indicated the dangers of the Aadhaar degenerating into a surveillance state, but in the exercise of a veto, the majority judgement did not deal with these affidavits and reports. Instead, reliance was placed on a power point presentation prepared by the CEO of the UIDAI. “surely our Constitution is not a charter of a totalitarian State”.

Mr. Divan pointed out that the necessary linking of all services with the Aadhaar manifests a deep distrust of the state towards the citizenry. “The State regards us as a nation of knaves, a tragic distortion of republican government.”

The most severe criticism was reserved for the majority opinion that the Aadhar Act qualified as a Money Bill. On a plain reading of article 110 in conjunction with all the sections of the Aadhaar Bill it was evident that there is no manner of interpreting an Act like Aadhar as one that fell within the ambit of article 110. The Supreme Court nevertheless decreed that it did fall under article 110 and did not have to pass through the scrutiny of the Rajya Sabha. This aspect of the judgement emphasises the importance of the Rajya Sabha in the legislative process and the Court’s power of judicial review over the decision of the Speaker.

Mr. Divan elucidated the Court’s shrinking and containment of the expanse of Aadhaar’s reach. Linking must not be made mandatory for telephone numbers, bank accounts, for children and for the purposes of national examinations.

However, the inherent contradiction in allowing children to opt out of the Aadhaar scheme once they attain majority is that PAN card must mandatorily be linked with Aadhaar. This effectively renders redundant the exercise of an option for all tax paying citizens. By referring to subsidies and benefits to those drawn out of the consolidated fund of India, the Court has further circumscribed the potential expansion of the Aadhaar.

The Court shrunk the period of storage of mega data from 5 years to 6 months which dealt a blow to the UIDAI’s aspirations of using the data for fraud detection.

A very pertinent part of the petitioner’s arguments that the Courts failed to deal with was the exclusionary effect that the failures of the Aadhaar system engender. Authentication failures exclude persons from subsidies and schemes to which they are entitled. The State becomes blind to individuals, and only recognizes and reduces them to a number. In a democracy, individuals must be afforded a choice of how they can be identified.

Mr. Divan concluded that the Supreme Court draws its legitimacy in the eyes of citizens from its powers of reasoning and analysis. But the majority falls short in reasoning in several aspects. In relation to this, he said, “The Court has faltered and failed to summon the constitutional and institutional courage to decide correctly a case like this.”

Voicing his opinion on the effect of the judgment, Mr. Divan said that the Court has “…dramatically scaled down the Aadhaar monster, leaving it a shrunken and relatively skeletal creature”. He went on to say that “the dissenting judgment gives us hope and it is the principles in this that will endure”. He expressed hope that “Inconsistencies in the majority judgment will stand exposed and liable to correction in the future”.

The Aadhar has been “defanged but not destroyed”, and the corporates and the government are bound to come roaring back with new legislations and strategies. It is the “eternal task of the citizens to remain vigilant”.

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[jguidein]

MPSC Junior Civil Judge Recruitment 2018 | @www.mpsc.gov.in Apply Online Various Jobs

MPSC Junior Civil Judge Recruitment 2018

A latest notification has been announced via Maharashtra Public Service Commission as an MPSC Junior Civil Judge Recruitment 2018 for fill up various latest jobs for the Posts of Junior Civil Judge and Judicial Magistrate. Those aspirants who want to make a career in Maharashtra Public Service Commission they those contenders can go on the advertisement section and read out the complete page to apply for MPSC Junior Civil Judge Recruitment 2018. Contenders if you want to recruit as Junior Civil Judge and Judicial Magistrate Posts they applicants can apply via visiting the official web portal of Maharashtra Public Service Commission. And then those contenders apply online through the online application form. The applicable and dynamic applicants can apply via the latest notification that is circulated online on or before the due date that is given below. Any eligible and interested applicants if being late to fill up the online applications they the Maharashtra Public Service Commission their application form will not be accepted after the last date, so apply as soon as possible. Associated information regarding MPSC Junior Civil Judge Recruitment 2018 is delivered below. Applicants who are planning to do Job in Maharashtra through apply this recruitment and get your dream job via our job information portal www.JobsBtao.in and stay tuned with us via this web page. Every visitors need to read the web page by watching every word to get up to date acknowledgments regarding the Maharashtra Public Service Commission upcoming recruitment. We’re also providing current information regarding MPSC Junior Civil Judge Recruitment 2018, therefore, applicants may keep continues on our website. As we all know, Maharashtra Public Service Commission is also commonly known as MPSC. To achieve completely accurate information in favor of MPSC Junior Civil Judge Recruitment 2018 such as educational qualification (शैक्षिक योग्यता), application fee (आवेदन शुल्क), important date (महत्वपूर्ण तारीख), vacancies details (रिक्तियों विवरण), process to apply (आवेदन कैसे करे), age limit (आयु सीमा), pay scale (वेतन विवरण), selection process (चयन प्रक्रिया) etc you need to visit this portal of www.JobsBtao.in.

www.mpsc.gov.in Recruitment 2018 Brief Details:

Organization Name: Maharashtra Public Service Commission Post Name: Junior Civil Judge and Judicial Magistrate Total: various Posts Last Date to Apply Online: Updated Soon

MPSC Junior Civil Judge Recruitment 2018 Highlights:

Vacancies Details (रिक्तियों विवरण): Sr. No Posts Name 1. Junior Civil Judge 2. Judicial Magistrate Education Qualification: Applicants should have LLB/ LLM degree or equivalent with good academic records from any repudiated University or Institution. How To Get Good Marks In Examination Age Limit (आयु सीमा): Age of the applying applicants should not be below 21 years and should not be above 35 years as on 01st July 2018. Relaxation and reservation in age will be decided as per government rules. Salary Details (वेतन विवरण): Selected applicants for the offered posts will receive salary details as per Maharashtra Public Service Commission norms which is mention in below table. Please have a look! Application Fee (आवेदन शुल्क): Candidates may pay their fee through Challan/ Debit card/ Credit card/ Net Banking/ CSC (Citizen Service Centre) in state bank of India. Unreserved candidates: Rs.373/- Reserved candidates: Rs. 273/-. Selection Process (चयन प्रक्रिया): Candidates will be shortlisted for the offered posts via applicant’s performance in Pre and Main Test and interview. On basis of performance in selection process merit list will be prepared. Interview Preparation Tips How to Prepare For Exam Last Time Study How to Apply (आवेदन कैसे करे)? Dear Candidates follow given below steps: Candidates, who want to apply against this recruitment they must register themselves on Maharashtra Public Service Commission website which is “www.mpsc.gov.in”. Now press on “Online Application” link. Go to ‘New User Registration’ Fill asked info in the registration form and enter on “Create User” button. Candidates may also read instructions carefully by pressing ‘Details Information’ link. After that, log in with new user and password. Candidates need to fill the application form with required and mandatory details. Applicants must upload Certificates regarding qualifications. Press on submit button & take a hard copy of the submitted form for future need. How To Fill Application Form MPSC Junior Civil Judge Recruitment Important Dates: Last Date for Submission of Application Form: Available Soon Last Date for Fee Payment: Updated Soon Tentative Date of Preliminary examination: Updated Soon Reminder: Dear Applicants, if you have any query regarding MPSC Junior Civil Judge Recruitment 2018 they can comment us through comment box. For more connected detailed information candidates may check the following links. MPSC Junior Civil Judge Recruitment Important Links: Official Advertisement Apply Online Official Website All Government Jobs MPPSC Recruitment 2018 RRB Bhopal Group D Recruitment 2018 SSC CPO Recruitment 2018 Jharkhand Home Guard Recruitment 2018 MP Police Recruitment 2018 APSC Forest Ranger Recruitment 2018 MCD Recruitment 2018 MAHAGENCO Recruitment 2018 Meghalaya Police Recruitment 2018 Manipur Police Constable Recruitment 2018 Read the full article

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Stenographer Jharkhand High Court Notification 2018| Apply for 181 Jobs| Stenographer

 Stenographer Jharkhand High Court Notification 2018| Stenographer posts | Apply for 181 Jobs| www.jharkhandhighcourt.nic.in

Jharkhand High Court Vacancies: 

Stenographer Jharkhand High Court Notification: The Jharkhand High Court Bench has released Stenographer Jharkhand High Court Notification 2018 for 181 posts candidate have to go through the online application process and the candidates have to submit their application before 25th May 2018 if they wish to appear for the examination. The application process has started from 10th May 2018 and it is advisable to apply as soon as possible to avoid last moment hassle and tensions.  Kindly keep reading this feed to view the detailed notification Method of application, pay scale information in the feed below. NOTE:- Candidates are suggested to read Stenographer Jharkhand High Court Notification 2018 before applying for the desired post on www.jharkhandhighcourt.nic.in

Stenographer Jharkhand High Court Notification 2018 Job Posts Vacancies Details

Job Post Vacancies Stenographer for Civil Courts 145 Stenographer for family Courts 4 Personal Assistant 32 TOTAL 181

 Know more about Stenographer Jharkhand High Court Notification 2018-2019|Online application for 181 Posts

The Jharkhand High Court Bench is offering the applicants to serve in the highest state of the judicial system. It is a wonderful opportunity for the aspirants who are willing to crack the jobs. Here, on this website you can find information, feeds, notifications, results, merit lists, syllabus information, admit card notifications for the active government job seekers. This notification is about Stenographer Jharkhand High Court Notification 2018, The Jharkhand High Court has recently announced that it is going to recruit 181 posts to serve the commission, To stay Updated and for quick information visit this website, also get Stenographer Jharkhand High Court Notification 2018, All you need to do is just go through this feed to retrieve all the information about Stenographer Jharkhand High Court Notification 2018.

Stenographer Jharkhand High Court Notification 2018 Application| Education Qualification

Candidate applying for the Stenographer post must be a graduate from a recognized university. In addition to this, the candidates must have the speed of shorthand to be 100 words per minute and typing would be 40 words per minute in English on a computer with maximum permissible mistakes up to 10% Candidates applying for the assistant post must have a graduate degree from a recognized university. However, it is suggested to go through the detailed official notification for further clarifications.

Eligibility for Stenographer Jharkhand High Court Notification 2018 Application

Candidates who wish to apply to Stenographer Jharkhand High Court Notification 2018 should have a minimum age of 18 years, the maximum age limit is 35 years. Why wait when you are all geared up! Candidates who are eligible to apply as per the notification criteria given below can enroll themselves on the official website

Pay scale for Stenographer Jharkhand High Court Notification 2018 Jobs

The candidates shortlisted for the jobs mentioned above will have attractive salary packages. with additional allowances. Stenographer for Civil Court- 25500/- to 81100/- English Stenographer for Family Court 19900/- to 63200/- For Personal Assistant 9300/- to 34800/- For more information visit the official site to find the Latest Notification 2018

Stenographer Jharkhand High Court Notification 2018 Fee Particulars

To know the fee particulars candidates are requested to go through the online notification and process the payment through online application, however we are providing the detailed information below Category Application fee General BC-1, BC-2 500/- SC/ST 125/-

Stenographer Jharkhand High Court Notification 2018 SELECTION PROCESS

Candidates applying for Stenographer Jharkhand High Court Notification 2018 for Group- B will have to appear for Written Test Stenography Typing Test Personality/Viva Voce Test

 Stenographer Jharkhand High Court Notification 2018| Admit Card Details

The Jharkhand High Court Bench holds complete authority to conduct the exam, issue hall tickets and release the results The candidates would intimated at least 1 week before the actual exam date to download their respective Admit Cards However, we will be intimating on this feed, keep following to catch up to latest updates

How To Apply  Stenographer Jharkhand High Court Notification 2018

1) Visit www.jharkhandhighcourt.nic.in 2) Look for Careers Navigation Tab and click on it 3) Search for Stenographer Jharkhand High Court Notification 2018 Jobs Advertisement 5) Candidates are advised to read the instructions carefully and fill in the details carefully 6) Download the Stenographer Jharkhand High Court Notification 2018Pdf, please go through the pdf carefully again 7) Click on the application link, you will be redirected to a new page with the application form 8) Fill the forms carefully, recheck the details before submitting the form 9) After successful submission of the form, the payment has to be processed, after the payment process a transaction receipt pdf is generated 10) Download the pdf for future reference

 Stenographer Jharkhand High Court Notification 2018| Stenographer posts

Recruitment: Stenographer Jharkhand High Court Notification 2018 Trade Names: Law officer, Stenographer posts, Assistant District Attorney Number of Posts: 181 Online registrations Commence on: 10th  May 2018 Closing Date: 25th May 2018 Mode of application: Online Job Location: Himachal Pradesh Official Website: www.jharkhandhighcourt.nic.in Selection Process: written test, Stenography, Typing Test, Viva Voce Educational Qualifications: Relevant Degree with respect to the posts Age Range: 18-35years How to Apply: Online Stenographer Jharkhand High Court Notification 2018, www.jharkhandhighcourt.nic.in 2017 notification, www.jharkhandhighcourt.nic.in Here we are with the latest Jharkhand notifications. Curious to know what’s going on in other states? Have you been trying to refer multiple websites to get all the information sorted. Well we sort of had solved this problem by grouping all the relevant data concerning notifications, results, admit cards, cut off marks, merit lists etc. You can easily avail our services by reaching us by marking our page is one method, it is really simple, just hit ctrl+d to get all the updates of the feeds. Candidates are advised to practice previous years questions papers to get through the written test, considering the current scenario of the competition it is a must. You can also feel free to comment on our posts in case if you want any help or guidance from us. We are very much open to job seekers and Students. Read the full article

[loyallogic]

Encounter killings and need for reforms

This article is written by Shaurya Gupta and Raghav Goyal, students of Campus Law Centre, Faculty of Law, University of Delhi.

“It is not the duty of the police officers to kill the accused merely because he is a dreaded criminal. Undoubtedly, the police have to arrest the accused and put them up for trial. This Court has repeatedly admonished trigger happy police personnel, who liquidate criminals and project the incident as an encounter.”[i]

Such was the discerning opinion voiced by the Supreme Court in the case of Om Prakash & Ors. V. State of Jharkhand & Ors. However, even such a case worded with such acerbic and ominous cautions cannot be satisfactorily marked up to the expectations of a modern democratic society. 

So without much ado let us dive into the murky depths of administrative liquidation i.e. encounters. ‘Encounter’ is a euphemism used especially in India, to describe extrajudicial killings which concern the armed forces. It essentially implies the superposition of the roles of an investigator, adjudicator and executor into the same individual, namely the concerned police official. The advent of encounter killings occurred when the Mumbai Police in the 90s and the mid-2000s used these to wage war against the city’s underbelly. This practice of ‘speedy justice’ soon engulfed other large cities. The NHRC reports in its Annual Report 2017-18 that during 2013-18 as many as 837 deaths occurred due to police encounters. PUCL further reports that 103 people died in sequitur to police encounters in 2019 alone. So a logical question arises as to why is the easy route of instant justice the devil’s path?

This ‘quick fix’ method is often justified by the police by claiming that there are certain feared criminals against whom no man would dare submit evidence, and thus the only way to deal with them is through faux ‘encounters’. The problem, however, is that this is a dangerous philosophy and can be easily misused. Retired J. Markandey Katju had once explained the pitfalls of such a system by illustrating that if one businessman desires to eliminate another rival businessman he could bribe an unscrupulous policeman to do away with his rival, in a fake ‘encounter’, after declaring him to be a dreaded terrorist. The said process can also be used to convert their misdeeds into rewards. For instance, NHRC once took suo-motu cognizance over a media report that a 25-year-old man was shot in Noida allegedly by a sub-inspector of the Uttar Pradesh Police, and that the policeman was reportedly heard “telling his colleague that the encounter would earn him an out-of-turn promotion.” It is for these reasons that the astute lawmakers around the globe have legislated laws safeguarding the all too important concept of ‘ei incumbit probatio qui dicit, non qui negat‘.

Article 11(1) of The Universal Declaration of Human Rights contemplates that any person accused of an offence must be presumed to be innocent until he is expressly adjudicated as not being so, at a public trial, post the presentment of an opportunity to bolster his defense. Further, Article 21 of our much treasured Constitution entails the basic right of every citizen towards a life free from the fear of unlawful excess force resulting in his death. Article 6 of the International Covenant on Civil and Political Rights further deprecates the extra-judicial process of custodial deaths by reading that every human has the right to live and that this right must be vehemently protected by law so that no one deprives him of this right in an arbitrary and subjective manner.

“Right to Life” is thus the most integral right that an individual possesses, as all other rights can be availed only if right to life is there. Article 359 of the Indian Constitution provides that even during an emergency the Right to life cannot be suspended. The life of an individual can be curtailed only through a procedure established under law. This interpretation of Right to life doesn’t need to be espoused by any authority as it is too elementary in its wording. So the question becomes that, in cases with facts pari materia to the Vikas Dubey case, is there any procedure laid down by law which justifies these encounter killings?

It is observed that in almost every other case of encounter killing, the ‘General Exception’ of Private Defense under Section 100 of the IPC is employed along with Section 46(2) of CrPC so as to justify the causation of an extra-judicial custodial death. Section 46(2) of the CrPC states that in cases in which a person, accused of an offence punishable with death or life imprisonment, forcibly resists the endeavour to arrest him or attempts to evade arrest, the person attempting to make such arrest may use all necessary means for the same.

Whereas the law does not provide a brazen right, to any man including the officers of the law, of exacting revenge, it does safeguard their lives in times of mortal peril. The ground reality, however, happens to be that the rule of law articulated by our Constitution appears to be waning and the faith of the people is being rapidly converted into fear. Many instances are known to the world at large, in which an accused (soon to be encountered) manages to pry a deadly weapon from the possession of the policemen escorting him, or tries to flee or even attack the numerically superior armed men and thus needs to be shot dead. The circumstances of some encounters are at times more tenuous than the script of a flimsy movie. Many aspersions have been cast upon the recent Hyderabad encounter killings as well as upon the dubious Vikas Dubey encounter.

Justice A.N. Mulla of the Allahabad high court had once observed:

“I say this with all sense of responsibility: there is not a single lawless group in the country whose record of crime comes anywhere near that of the single organized unit called the Indian Police Force. Policemen in general, barring a few, seem to have come to the conclusion that crime cannot be investigated and security cannot be preserved by following the law, and it can only be achieved by breaking or circumventing the law.”[ii]

In Prakash Kadam vs Ramprasad Vishwanath Gupta, the Supreme Court had rebuked the police by asserting that fake ‘encounters’ were nothing but ‘cold-blooded murders’, and that those who committed them must be handed death penalty i.e. fake encounters should be placed in the category of ‘rarest of rare cases’. The Apex Court had further remarked that the police deserve stricter punishment for harassing the law then what is usual is due to the fact that the encounter philosophy is a criminal philosophy and the policeman who succumb to such a dastardly philosophy act in an aware manner, contrary to their duties [iii].

However, despite such caustic remarks, the encounters continued unabated, thus culminating in the landmark case titled PUCL vs State of Maharashtra[iv] (2014), in which the SC was dealing with writ petitions questioning the genuineness of 99 encounter killings actuated by the Mumbai Police resulting in the death of 135 alleged criminals between 1995 and 1997. In this case, the Supreme Court of India came out with a 16 prong guideline that the States are required to meticulously follow in matters of encounter related deaths, for ensuring effective, independent and thorough investigation in the matter.

The said guidelines involve the mandatory filing of an FIR, an independent investigation by the CID or by the police of other police station, a mandatory magisterial enquiry under Section 176 of the CrPC, the immediate suspension of the concerned officials if sufficient evidence is available to inculpate them and the speedy filing of the investigation report to the competent court for expeditious trial proceedings. The Court had also ceased any immediate promotions or gallantry awards based upon the results of the encounter alone, thus impliedly accepting the morbid yet prevalent practice of accruing gain by encounter amid the police. Further the Apex Court, in a 2019 order, directed that these requirements/norms must be strictly observed as the law declared under Article 141 of the Indian Constitution.

Disconcertingly, the recent headlines of the various national dailies regarding the process and state of investigations in various encounter killings leave a nauseating observation to be made, that the blood-stained guidelines stand in otiose. For instance, according to a recent report concerning solely the state of U.P., a total of 74 cases of encounter deaths have been rendered to Magisterial enquiry in which clean chit has been accorded in all 74 cases!

Such reports and incidences ask for panoramic research and the introduction of fresh directions and procedures which could minimize, if not remove, the excruciating and arbitrary killings under the garb of encounters. Recently, Senior Advocate Dr. Abhishek Manu Singhvi has presented an application to the Supreme Court, for the revival of proceedings in the D.K. Basu case, for the issuance of fresh directions regarding arrest and custody of an accused.

The various stakeholders of the Criminal Justice System, thus, must realize the aspirations of a democratic society by realizing the fact that law is an ever-evolving subject which needs to be guided gently along the proper direction. We need to juxtapose the modernity of technologies with the ancient tenets of justice, including those which forbid fundamentalism. We thus find ourselves duty-bound to suggest certain rigorous measures which may ameliorate the existing dreadful conditions.

An independent authority can be established which would ‘police our police’. Such an authority could audit the actions of police officials and institute criminal cases against them in appropriate forums.

In 2018, the Supreme Court had asked the government to implement the police reforms separating the investigation wing from the law and order branch. It is high time that such reforms are enacted upon.

The Courts should interpret Section 167 of the CrPC in such a manner that it casts, upon the arresting officer, a responsibility to produce the arrested person before the local magistrate having jurisdiction before transiting him to some other location.

An urgent need of amendment to the Indian Police Act, 1861 prevails so as to remove its colonial coercive nature, as it is still following the machinery set in the colonial period based on Irish colonial paramilitary police.

Adequate training should be provided to police officials regarding the proper physical custody of the accused in order to prevent him from attacking police personal, which is often the case.

The police officials need to be sensitized about their prerogatives and duties. They should be actively made aware of the various judgments of the Apex Court and about the various articles of the Indian Constitution.

Operational changes are required in police procedures, ensuring CCTV cameras on the dashboard of every vehicle used for the journey by which the accused is being transported from one place to another. Body cameras should also be worn by the policeman who are engaged in the process of arresting an accused. The said vehicles should also be separated into two separate cabins, to ensure that the accused doesn’t attack the accompanying police officials.

A mandatory trial should be held, irrespective of the conclusions of the Magisterial Enquiry or the police investigations, against the responsible police officials. The burden of proof under Section 102 of the Indian Evidence Act should be cast upon the concerned police officials. 

We thus rest our case with this food your thought: Can a right, which has been proclaimed so intrinsic in our Constitution that it cannot be suspended even during emergencies, be done away with in such an arbitrary and servile manner? If not, then how can we successfully safeguard our interests to ensure the famed yet elusive rule of law? How can we prevent our criminal justice system from becoming a criminal system? Who shall, if the need be, guard us from our guardians? And let us all remember the immortal words of Martin Luther King Jr., “Injustice anywhere is a threat to justice everywhere!”

References

[i] Om Prakash & Ors. V. State of Jharkhand & Ors. (2012)12SCC72

[ii] Retd. Justice Markanday Katju via his twitter handle.

[iii] Prakash Kadam vs Ramprasad Vishwanath Gupta (2011)6SCC189

[iv] (2014) 10 SCC 635

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[loyallogic]

By rajat-jain: CAN OFFENCE OF MONEY LAUNDERING BE CONSIDERED AS A CONTINUING OFFENCE FOR INVOKING PROVISIONS OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002 (PMLA)?

On the basis of various cases that have come before judicial authorities for adjudication, the following 3 possible scenarios which may have bearing on determining whether offences under PMLA (AML of India), have to be looked into and answered:-

I.               The offence of money laundering committed before the PMLA came into effect in the year 2005  II.               The offence of money laundering committed after the PMLA came into effect into force 2005 and the alleged offence was a scheduled offence; and

III.               The offence of money laundering committed after the PMLA came into effect into force 2005 and the alleged offence was not a scheduled offence.

Section 3 of the Prevention of Money Laundering Act, 2002 (“PMLA”) defines the offence of money laundering as under:

Whosoever directly or indirectly

attempts to indulge or

knowingly assists or

knowingly is a party or

is actually involved in any process or activity connected with the 

              proceeds of crime

                      including its

                           concealment

                           possession,

                           acquisition or

                           use

               and projecting or claiming it as untainted property

shall be guilty of offence of money-laundering.

The High Court of Jharkhand while deciding a writ petition, concerned with the provisions of PMLA, W.P.(Cr.) No.257 of 2012 along with Cr.Rev.No.920 of 2012 and with Cr. Rev. No. 699 of 2011, tilted as Binod Kumar Sinha vs. State of Jharkhand through Directorate of Enforcement (http://ift.tt/2xeqwu3), observed as under:

  “Keeping in view the provision as is enshrined in Section 3 postulating therein that

whoever is connected with the proceeds of the crime

projecting it as untainted property

would be committing offence of Money Laundering Act, and further that

the proceeds of crime must have been derived or obtained, directly or indirectly by any person

as a result of criminal activity

relating to scheduled offence in terms of sub-section (u) of Section 2 of the Prevention of Money Laundering Act”

From the bare reading of the above section and judgment, it is apparent that the offence of money laundering is only committed on fulfilment of 2 conditions:

Firstly, a person should be involved in any activity relating to the concealment, possession, acquisition or use of the proceeds of crime,

AND

Secondly, that person should project or claim such proceeds of crime as untainted property.

The Hon’ble Supreme Court in the case of State of Bihar v. Deokaran Nenshi & Anr., AIR 1973 SC 908, while dealing with the term “continuing offence”, held as under:

“A continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It is one of those offences which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and recurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues and therefore, constitutes a fresh offence every time or occasion on which it continues. In the case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes place when an act or omission is committed once and for all.”

Primarily, the money laundering transaction involves three stages which have been held to be quintessential ingredients of money laundering by High Court of Andhra Pradesh in B. Rama Raju v. Union of India, MANU/AP/0125/2011 / [2011] 164 Comp Cas 149 (AP)]:

(i)         The Placement Stage: the malfeasant, who is holding the money generated from criminal activities, places the crime money into the normal financial system;

(ii)        The Layering Stage: the money introduced into the financial system is layered-spread out into several transactions within the financial system with a view to concealing the origin of the original identity of the money and to make this origin/identity virtually disappear; and

(iii)       The Integration Stage: the money is thereafter integrated into the financial system in such a way that its original association with crime is totally obliterated and the money could be used by the malfeasant and/or the accomplices to get it as untainted/clean money.

In the case of Mahanivesh Oils & Foods Pvt. Ltd. vs. Directorate of Enforcement, W.P.(C) 1925/2014* and CM No. 4017/2014, the High Court of Delhi while showing disinclination to accept that offence under Section 3 of the Act is a continuing offence observed as under:

“Although, the Respondent has not contended so in clear terms, it appears that the respondents are proceeding on the basis that an offence under Section 3 of the Act is a continuing offence.

According to the respondent, the possession of any property linked to a scheduled offense irrespective of when it was acquired would itself constitute the offence of money-laundering.

It is important to understand the import of such interpretation. This would mean that a person who has committed a scheduled crime; acquired proceeds therefrom; and thereafter, projected it as untainted money, prior to the Act coming into force, would nonetheless be guilty of the offence of money-laundering only for the reason that he is in possession of some property.“

  The Court further observed as under:

“The first stage is Placement, where the criminals place the proceeds of the crime into normal financial system.

  The second stage is Layering, where money introduced into the normal financial system is layered or spread into various transactions within the financial system so that any link with the origin of the wealth is lost.

 And, the third stage is Integration, where the benefit or proceeds of crime are available with the criminals as untainted money.

There is much merit in this description of money-laundering and this also indicates that, by its nature, the offence of money-laundering has to be constituted by determinate actions and the process or activity of money-laundering is over once the third stage of integration is complete.”

* The findings recorded by the learned Single Judge of the Delhi High Court in the said judgment has been stayed by the Division Bench of the Delhi High Court in the interim order dated 30th November 2016, passed in LPA 144/2016 filed by Directorate Of Enforcement against the order of the Single Judge.

The Bombay High Court in Hasan Ali Khan S/o. Ghousudin Ali Khan vs. Union of India (UOI), Thru' Asst. Director, Directorate of Enforcement and Anr., 2012 BomC R(C ri)807, has held that  the offence of money laundering is not a continuing offence and once, proceeds of crime has been projected as ‘untainted property”, the offence of money laundering is over. The relevant extract from the judgment is as under:

“It is clear that the essence of the offence of the money-laundering is "projecting of the proceeds of crime as untainted property. It is this 'projecting' that attracts the applicability of the penal provisions of PML Act.

Now, where such sale proceeds, or the property derived from a crime, which, at that time, was not a scheduled offence, but was a scheduled offence when such sale proceeds or such property was projected as untainted, there would be no bar to the applicability of the PML Act. If the provisions of Section 3 of the PML Act are interpreted in this manner, it would not amount to giving retrospective effect to the said Legislation. If the proceeds of a crime, which has been declared as a 'scheduled offence' on the day on which the 'projection of such proceeds' as 'untainted' is attempted or undertaken, the provisions of the PML Act would apply. Such a course, cannot be said to be violative of Article 20 of the Constitution.

In other words, the crucial date would be the date on which the projection of the proceeds of crime as 'untainted' takes place, and, if this has taken place before the commencement of the PML Act, then it cannot be suggested that a person can be prosecuted for the offence punishable under Section 4 thereof. In the instant case, most of the transactions, which are the subject matter of the case against the Applicant, have taken place before coming into force of the PML Act. They cannot be the subject matter of prosecution for the offence punishable under the PML Act. It was faintly suggested, to overcome this difficulty, that the offence of money-laundering is a continuing offence. This Dixit contention, -if it is intended thereby to suggest that even the cases where the money-laundering had already been done before the commencement of the PML Act, would give rise to the prosecution under the provisions of the PML Act, -has to be rejected forthwith.”

It is also a tenet of criminal law that an act cannot be an offence before such act is declared as an offence by a legislation in view of Article 20 (1) of the Constitution of India, which states as under:

“No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.”

From the above discussion, it can be interpreted that the offence of money laundering is not a continuing offence and the offence of money laundering is over once the third stage of integration is completed, prior to the year 2005 when PMLA came into force.

However, the offence of money laundering will continue to be an offence under PMLA, provided such offence of money laundering is committed after the PMLA came into force 2005 and the alleged offence was a scheduled offence.

Further, the third issue mentioned above is a disputed proposition as on date. In the view of the authors, if any scheduled offence is committed and the proceeds of crime derived from such offence has been projected as untainted after coming of PMLA into effect but prior  to inclusion of such offence under the scheduled offence, such acts will be outside the scope of PMLA.

Authors

*Vijay Pal Dalmia (Partner Vaish Associates Advocates) And Rajat Jain, Advocate

Phone: +91 11 42492532 (Direct) Mobile: +91 9810081079, Mobile: 9953887311

Email:  vpdalmia [AT] vaishlaw [DOT] com   &   rajatjain [AT] vaishlaw [DOT] com

www.vaishlaw.com

* The author is a senior litigator with 32 years of experience in court trials and deals with cases relating to prosecution under the Income Tax Act, 1961, The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Money Laundering Act, economic offenses and white collar crimes.

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Read More By rajat-jain: CAN OFFENCE OF MONEY LAUNDERING BE CONSIDERED AS A CONTINUING OFFENCE FOR INVOKING PROVISIONS OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002 (PMLA)? published first on http://ift.tt/2gOI9L4

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2018 SCC Vol. 7 August 21, 2018 Part 2

Advocates — Government Law Officers/Counsel/Pleader/Public Prosecutor: Method of appointment and conditions of service of Asstt. Public Prosecutors and Public Prosecutors are qualitatively different inasmuch as Asstt. Public Prosecutors are appointed through competitive selection process conducted by PSC as per prevalent rules and are entitled to all service benefits enjoyed by government employees, while Public Prosecutors are appointed from panel of advocates furnished by Advocate General for a term of three years only and are neither considered as government employees nor do they derive any service benefits enjoyed by government employees. The fact that nature of duties and functions of Asstt. Public Prosecutors and Public Prosecutors are similar, per se, cannot be basis to claim parity with Public Prosecutors in respect of age of superannuation. It was further held that disparity in age of Asstt. PPs appointed on or before 31-3-2013 and those which joined on or after 1-4-2013 inconsequential since those appointed on or before 31-3-2013 were governed by statutory Pension Scheme as applicable to other government employees while those appointed on or after 1-4-2013 were governed by new Contributory Pension Scheme which was again applicable to all government employees. [Kerala Asstt. Public Prosecutors Assn. v. State of Kerala, (2018) 7 SCC 314]

Arbitration and Conciliation Act, 1996 — Pt. I or Pt. II and S. 34 — International commercial arbitration or Foreign-seated arbitration — Determination of: For determination and effect of “seat” of arbitration on maintainability of challenge to award rendered in international commercial arbitration, as in the present case between the appellant (Union of India) and the respondent (foreign company), under S. 34 in courts in India, when the arbitration agreement specifies the “venue” for holding the arbitration but does not specify the “seat”, exercising the power under Or. 6 R. 2 of Supreme Court Rules, 2013 appeal referred to larger Bench for hearing. [Union of India v. Hardy Exploration and Production (India) Inc., (2018) 7 SCC 374]

Armed Forces — Navy — Service conditions — Pension — Reservist pension — Entitlement to: Ex-Navy Direct Entry Artificers are entitled to special pension instead of reservist pension. [Ex Navy Direct Entry Artificers Assn. v. Union of India, (2018) 7 SCC 386]

Armed Forces Tribunal Act, 2007 — Ss. 2, 3(o) and 14 — Jurisdiction of AFT — Service conditions: For a matter to be treated as service matter, it must relate to conditions of service of persons subject to Army Act, 1950, Navy Act, 1957 and Air Force Act, 1950. Decision not to grant permanent secondment to appellant in DGQA (Directorate General of Quality Assurance) by QASB (Quality Assurance Selection Board) which was a different organisation did not in any manner affect service conditions of appellant as Commissioned Officer in Army. Hence, as rightly found by Tribunal it had no jurisdiction to entertain appellant’s original application. [Vijaynath Jha v. Union of India, (2018) 7 SCC 303]

Civil Procedure Code, 1908 — Or. 21 Rr. 90, 92(1) & (3) and Ss. 47, 104(1)(ffa) — Res judicata: Application was filed under Or. 21 R. 90 r/w S. 47 for setting aside court auction-sale. Order dismissing application though appealable but no appeal was filed, sale was confirmed under Or. 21 R. 92(1), and confirmation of sale was not questioned whereby auction purchase attained finality. It was held that by virtue of R. 92(3) applicant/objector would be barred from bringing fresh suit to set aside sale on same ground. [Siddagangaiah v. N.K. Giriraja Shetty, (2018) 7 SCC 278]

Civil Procedure Code, 1908 — S. 97 and Or. 7 R. 7: Challenge to correctness of preliminary decree in final decree proceedings barred when no appeal was preferred by defendant against preliminary decree. Fundamental issue (as to boundaries nad description of suit properties) was consistently and sufficiently averred by defendant to warrant enquiry by trial court, however still it was not enquired into by trial court. Thus, even in absence of appeal against preliminary decree, since defendant had consistently raised fundamental averment in question, to warrant enquiry thereinto by trial court, matter remitted to trial court for consideration of disputed question on basis of evidence. [Selvi v. Gopalakrishnan Nair, (2018) 7 SCC 319]

Constitution of India — Arts. 226 and 21 — Multi-State crime involving high officials of State and Centre: In this case of illegal manufacture and sale of gutkha and pan masala, containing tobacco and/or nicotine, transfer of investigation to CBI to ensure fair investigation and instil confidence of public and victims, upheld. [E. Sivakumar v. Union of India, (2018) 7 SCC 365]

Consumer Protection — Consumer Forums — National Forum — Inadequate infrastructure: Central Government directed to take following measures and apprise court: (a) To sanction additional posts to enhance work efficiency. Sanctioned posts being only about one-fourth of that required/ recommended by Staff Inspection Unit, (b) to take urgent steps to provide additional space to store files as filing of cases going up by nearly 300%, and (c) to state its concurrence about proposed amendment to R. 11 of Consumer Protection Rules, 1987 relating to salaries, honorarium and other allowances of National Forum. [State of U.P. v. ALL U.P. Consumer Protection Bar Assn., (2018) 7 SCC 423]

Criminal Procedure Code, 1973 — S. 407 — Transfer of case within the State — When permissible: As no possibility for conduct of fair and impartial trial at present place, was clearly visible, apprehension of threat to life of appellants, was obvious and as Respondent-accused being very influential in their locality, witnesses were not coming forward to depose and turning hostile due to pressure tactics of accused and no prejudice was being caused to respondent-accused in any manner from such transfer, rejection of transfer petitions by High Court, set aside and transfer of cases, directed. [Sarasamma v. State, (2018) 7 SCC 339]

Inter-State River Water Disputes Act, 1956 — Ss. 6-A, 3, 5 and 6 — Adjudication of Cauvery Water Dispute between riparian States by Tribunal: Corrected Draft Scheme (Cauvery Water Management Scheme) issued and modified in terms of directions of Supreme Court, affirmed and directed to be notified at the earliest. Objections to said Scheme by States of Karnataka and Kerala, rejected. [State of T.N. v. P.K. Sinha, (2018) 7 SCC 403]

Penal Code, 1860 — S. 302 or S. 304 Pt. II and Ss. 341, 323 and 34 [S. 300 Exception 4] — Ingredients and applicability of Exception 4 to S. 300:  In this case of land dispute between parties. injuries caused by sudden attack on deceased by accused persons, resulted in his death after sometime. It was a sudden verbal quarrel and there was no premeditated plan to attack deceased. Civil disputes was already pending between both families. Minor verbal exchange bloated into a sudden physical attack. Hence, conviction converted from S. 302 to S. 304 Pt. II. [Manoj Kumar v. State of H.P., (2018) 7 SCC 327]

Penal Code, 1860 — Ss. 307, 323, 149 and 148: In this case where in a dispute related to watering of field from tubewell of accused party infliction of several injuries by appellant-accused on complainant’s party using lethal weapons, after appreciation of evidence, conviction of accused confirmed. [Suresh Singh v. State of M.P., (2018) 7 SCC 381]

Ranbir Penal Code, 1989 (2 of 1989 Smvt.) (1932 AD) — Ss. 302/341 — Murder trial: In this case accused assaulted deceased on his head with iron rod, resulting in his death. Acquittal of accused was reversed by the High Court, convicting him under Ss. 302/341 RPC. As direct oral evidence coupled with medical evidence, clearly pointed at guilt of accused, testimony of eyewitness was wholly trustworthy, evidence of other prosecution witnesses also found reliable, FIR was lodged promptly, motive also stood established and prosecution proved guilt of accused beyond reasonable doubt, hence, reversal of acquittal, confirmed. [Khurshid Ahmed v. State of J&K, (2018) 7 SCC 429]

Service Law — Judiciary — Conditions/Benefits of service — Unreasonable condition(s): Denial of benefit of increment/seniority until candidate cleared Hindi examination in “higher grade”, not proper. [Ashok Kumar v. State of Jharkhand, (2018) 7 SCC 296]

Service Law — Judiciary — Recruitment process — Vacancy — Determination of: Appeals challenging the advertisement and process of recruitment to Punjab Superior Judicial Service conducted in year 2008, dismissed while holding that a seat that fell vacant on elevation of a judge after the publication of advertisement cannot be included in the recruitment. [Gurmeet Pal Singh v. State of Punjab, (2018) 7 SCC 260]

Service Law — Judiciary — Retirement/Superannuation — Retiral benefits — Computation of qualifying service:  Service rendered by appellant Judicial Officers as Fast Track Court Judges is liable to be counted for pensionary and other benefits, post joining regular judicial service. Methodology of non-creation of adequate regular cadre posts and consequent establishment of Fast Track Courts manned by appellants cannot be used as ruse to deny dues of appellants. [Mahesh Chandra Verma v. State of Jharkhand, (2018) 7 SCC 270]

Tenancy and Land Laws — Revenue Records — Entry in revenue records — Substantive error or clerical error — Determination of: In this case appellant Housing Board acquired and took possession of entire Survey No. 1009. Allegedly survey records did not depict exact extent of land. Some additional area probably should have been included in description of Survey No. 1009. Respondent landowners, taking chance and claiming that additional area under said Survey was not acquired by filing application under S. 87, Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli, for correction of clerical error. Said application, held, could not have been entertained because said error was not a clerical or mathematical error but a substantive error. [Telangana Housing Board v. Azamunnisa Begum, (2018) 7 SCC 346]

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