A three-fold salary hike to judges

The Lok Sabha gave its approval for a three-fold salary hike to judges but not before members expressed concern over the incidence of corruption in the judiciary, rising pendency of cases and long vacations that the courts continued to take.

The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2008, proposes to increase the salary of the Chief Justice of India from Rs 33,000 to Rs 1 lakh per month and that of other apex court judges from Rs 30,000 to Rs 90,000 per month. It seeks to increase the salary of the Chief Justices of high courts from Rs 30,000 to Rs 90,000 per month and that of HC judges from Rs 26,000 to Rs 80,000 per month.

Government approved amendments to the Prevention of Money Laundering Act

The government on Feb 11, approved amendments to the Prevention of Money Laundering Act, which would expedite the process of India's entry into Financial Action Task Force (FATF) -- an inter-governmental body combating money laundering and terrorist financing. "Some amendments have been made. The Bill will be introduced in the current session of Parliament and we will plan to get it passed if possible," he said. He said the changes in the Act were necessary for India to become a member of the FATF. "This is important in order to get India's membership in the Financial Action Task Force, which is an international body," he said, however, not elaborating what amendments have been proposed in the Bill.

India, along with South Korea, has been trying to become a full member of FATF. It was given the observer status in February 2007.

Union cabinet approved amendment to the Industrial Dispute Act

The Union cabinet on Feb 11, approved amendment to the Industrial Dispute Act, which will make it mandatory for industrial establishments to set up grievance redressal cells. It has also clearly defined that all disputes pertaining to public sector enterprises where the Union government has above 51% stake must be referred to a Central authority to adjucate. The new amendment will also allow labour courts to enforce a decree without involving the the labour department and district magistrate, as is the current practice.

At present, the labour department enforces the implementation of an award. The Act is being amended after more than two decades, and according to a labour ministry official, about half of a dozen recommendations have been approved by the cabinet, which includes laying down terms and conditions of presiding officers in Central tribunals and fixing time period for conciliation officers to settle disputes between a worker and an employer.

Plea against high-security number plates for vehicles rejected

The Supreme Court Monday rejected a petition seeking to stall the government's plan for high-security, tamper-proof registration number plates for motor vehicles. A bench headed by Chief Justice K.G. Balakrishnan dismissed the lawsuit by an advocate seeking the court's direction to stop the government from replacing the ordinary registration plates. The bench, which also had Justice Markandey Katju and Justice P. Sathasivam, threw out the plea saying it found no merit in advocate H.K. Visheshwar's argument that the amended Central Motor Vehicle Act (CMV) would cumulatively place a burden and cause 'illegal loss to the general public'.

Visheshwar had approached the court against the scheme saying the central government had failed to ascertain the problems that the various state governments would face in implementing the amended law. Though the act was amended in 2001, it has failed to take off in the states and the union territories, which are said to be grappling with severe operational, technical and consumer related problems, the advocate contended.

According to Visheshwar, the High Security Registration Plate (HSRP) scheme was aimed at 'serving the vested interest of private vendors engaged in the manufacture and sale of such plates'. He said a vehicle number plate is currently available across the country at an average price of Rs.400-450, but the new number plates would cost more than Rs.1,000, causing a financial burden on the vehicle users.

He said the scheme would result in administrative chaos as there are around 80 million registered vehicles in the country and converting all of them to HSRP is impractical. According to the scheme, HSRP will have a chromium-based hologram, applied by hot stamping, making counterfeiting impossible. Stickers and adhesive labels will not be permitted on number plates. The plate shall bear a permanent consecutive identification number of minimum seven digits, which will be laser-branded into the reflective sheeting and hot-stamping film shall bear a verification inscription.

The plate shall be fastened with non-removable snap lock fitting system on the rear of the vehicle. Rule 50 of the CMV Act also specifies the dimensions of the number plates meant for two-wheelers and four-wheelers.

(Courtesy: IANS)

Union cabinet approves CrPC (amendment) Bill

The Government introduced the Code of Criminal Procedure (Amendment) Bill, 2008 in the Rajya Sabha with the aim the legislation is to strike a balance between the civil liberties of citizens and maintaining law and order and peace in the society, The Bill seeks to amend various sections relating to arrest, threat to witnesses, summon, warrants, summary trials, delay in production of the arrested in courts, police pressure on accused making statement and crime against women.

The proposed changes also aim at inserting safeguards to ensure the well-being of accused while in judicial custody.

The law commission had examined the entire law relating to rape and sexual assault in IPC and suggested a complete overhauling of the law. Bill, drafted by Ms Kirti Singh advocate and legal convener of AIDWA, is based on 172nd report of the Law Commission to amend the laws relating to sexual assault in Section 375, 376, 354 and 509 IPC and the relevant sections of the Code of Criminal Procedure 1973 and the Indian Evidence Act 1872.

The recommendations are based on the national consultation on the issue organized by the national commission for women.

Read Amendments to the laws relating to rape and related provisions

Read The code of Criminal Procedure (Amendment) Bill, 2008

Introduction to National Investigation Agency and its features

The Central Government on December 16th, 2008, introduced in Lok Sabha a Bill to set up a National Investigation Agency and another legislation to strengthen law against terror. The Unlawful Activities (Prevention) Amendment Bill aims at strengthening the arrangements for speedy investigation, prosecution and trial of cases related terrorism while at the same time guarding against any possible misuse of such provisions.

Salient features of National Investigation Agency

• The Bill for constitution of the National Investigation Agency (NIA) to be applicable to whole of India, citizens of India outside India and persons on shops and aircraft registered in India.
• Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence.
• The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre.
• If the Centre feels the offence is terror related, it shall direct the NIA for investigation.
• Provision for transfer of investigation and trial of offences to state government with Centre's prior approval.
• NIA may investigate other offences connected with terror-related offences.
• A state government shall extend all assistance to NIA for investigation of terror-related offences.
• Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences.
• The Centre shall constitute special courts for trial of terror-related offences.
• Special Courts may sit at any place for any of its proceedings.
• For speedy and fair trial, the Supreme Court may transfer any case pending with the special court to another special court in the same state or any other state, and the High Court may transfer such cases to any other special court within the state.
• Offences punishable with imprisonment for less than three years may be tried summarily.
• Special court to have all powers of the court of sessions under CrPC for trial of any offence under the Act.
• Proceedings to be held 'in camera' if special court deems it necessary.
• Trial to be held on day-to-day basis on all working days and to have precedence over the trial of other offences.
• State governments empowered to constitute one or more special courts.
• No appeal shall be entertained after the expiry of 90 days. Highlights of Unlawful Activities (Prevention) Amendment Bill, 2008.
• Use of bombs, dynamite, poisons or noxious gases, biological radioactive nuclear substances are terror act.
• Aiding, abetting or committing a terrorist act shall be punishable with imprisonment up to ten years.
• Funding terror activities, organising training camps and recruiting persons for committing terror acts shall be punishable with at least five years' imprisonment.
• Detention of accused upto 180 days if investigation not completed.
• No bail shall be granted if accused is not an Indian citizen and has entered the country unauthorisedly.
• No accused, if in custody, to be released on bail or on his own bond.
• Court shall presume, unless contrary is shown, that accused has committed offence.