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Legal Update of 18th February 2021

Drafted by Vanshika Sharma

Indian News

  • Nikita Jacob granted transit anticipatory bail for 3 weeks:

The lasted update in the ‘Toolkit’ case took place on Wednesday, 17 Feb, 2021 when Nikita Jacob was granted a 3-week protection from arrest by the Bombay High Court. The Delhi police accused her of creating a Toolkit document, shared by Greta Thunberg, which resulted in creating unrest and protest on the Republic day. She was booked under Sections 124(a) of the Indian Penal Code for sedition, 153(a) for fostering violence between various sections of society, and 120(b) for criminal conspiracy.[i]

An anticipatory bail is a pre-arrest bail, which is granted by High Courts or Sessions Courts in anticipation of arrest.  It insures the protection of a person while he approaches the appropriated court for its case.[ii]

 

  • Charges against Priya Ramani dismissed:

The Delhi Court acquitted Priya Ramani, a journalist, in a criminal defamation case filed by M J Akbar, former Union minister. She accused him of sexual harassment in 1993 at an interview. M J Akbar sued her of criminal defamation on the grounds that she lowered his reputation.

The court said that the right to reputation of a person cannot be protected at the cost of dignity of a person.[iii]

 

  • Climate activist Disha Ravi moved Delhi High Court against leaking investigating material:

Arrested in the ‘toolkit’ case, climate activist, Disha Ravi moved the Delhi High Court seeking instructions to prohibit Delhi Police from leaking any investigative information filed against her relating to the case. She requested orders not to reveal the details of her private chats/communications to any third party, including the media, in her plea.[iv]

 

  • Plea in Supreme Court to introduce e-voting:

A Supreme Court bench led by CJI S.A. Bobde sought a response from the Election Commission of India (ECI) and Union Government for setting up of e-voting system to facilitate decentralized voting, also for the citizens stationed outside their constituencies.

The petition lodged by Kerala native K Sathyan, represented by lawyer Kaleeswaram Raj, claimed that it is appropriate to bring the electoral law into line with modern times and technology. The petition also demanded the implementation of an OTP-based method for voters’ fault-free identification and the installation of CCTVs in all polling booths throughout the country.[v]

 

  • SC denies the information of Justice Arun Mishra’s overstay in his official residence even after his retirement:

An application was filed under the Right to Information Act, to seek information regarding overstay of Justice Arun Mishra in his official residence even after he was retired. The application was rejected by the Supreme Court on the grounds that such information is against the section 8 (1) (j) and section 11 (1) of the RTI act.[vi]

 

 INTERNATIONAL NEWS

  • Anti-radicalism bill approved by France:

The national assembly of France approved a disputed anti-radicalism bill by voting. The bill would strengthen the oversight of mosques, religious schools and sports clubs to protect France from the extremists. The virginity tests, which are often demanded by the fathers, fiancés and brothers to tests the purity of a female, would be banned by this bill, punishing the offenders.

Forced marriages will also be banned with stringent and immediate actions.

Approved in the lower house, the bill will now move to the Senate for approval.[vii]

 

 

[i]Sonam Saigal, ‘Nikita Jacob gets 3-week transit anticipatory bail’, The Hindu, (18 February, 2021), 08.

[ii]Pushkraj Deshpande, ‘Anticipatory Bail And Its Laws’, mondaq, (15 September, 2020), <https://www.mondaq.com/india/crime/982502/anticipatory-bail-and-its-laws> accessed 18 February, 2021.

[iii]Richa Banka and Damini Ratnam, ‘Ramani acquitted in defamation case’, Hindustan Times, (18 February, 2021), 09.

[iv] ‘Disha Ravi moves Delhi HC seeking directions to restrain Delhi Police from leaking any investigation material’, India Legal, (18 February, 2021), <https://www.indialegallive.com/top-news-of-the-day/news/disha-ravi-climate-activist-delhi-hc-delhi-police/> accessed 18 February 2021.

[v]‘Plea in SC seeks setting up of ‘secured remote electronic voting system’, The Hindu, (18 February, 2021), <https://www.thehindu.com/news/national/plea-in-sc-seeks-setting-up-of-secured-remote-electronic-voting-system/article33869417.ece> accessed 18 February 2021.

[vi]Sparsh Upadhyay, ‘RTI-Supreme Court Denies Information On Reason Of Overstay Of Justice Arun Mishra In His Official Residence After Retirement’, livelaw.in, (18 February, 2021), <https://www.livelaw.in/top-stories/justice-arun-mishra-overstay-official-residence-after-retirement-supreme-court-rti-reply-170018> accessed 18 February, 2021.

[vii] Daniel Graziano, ‘France lawmakers approve anti-radicalism bill’, Jurist, (17 February, 2021), <https://www.jurist.org/news/2021/02/france-lawmakers-approve-anti-radicalism-bill> accessed 18 February, 2021.

 

 

 

 Written By:

Vanshika Sharma

B.B.A.LL.B.

National Law University, Odisha

 

 

 

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