Legal News | 04 October

Bihar Introduces 10% Reservation for EWS in Judicial Services and Law Colleges

In a significant move, the Bihar government has approved a 10% reservation for economically weaker sections (EWS) in the state’s judicial services, as well as in government-run law colleges and universities. The decision, ratified during a cabinet meeting chaired by the Chief Minister, amends the State Judicial Services guidelines of 1951. The Additional Chief Secretary, S Siddhartha, announced that the department concerned would soon issue a notification detailing the reservation.

This decision follows the release of data from the government’s caste survey, revealing that Extremely Backward Communities (EBCs) make up 36.01% of the population, with an additional 27.12% belonging to Backward Classes, collectively forming the Other Backward Classes (OBC) at 63.13% of the state’s population.

The Patna High Court had previously validated the caste survey, citing its aim to uplift and provide equal opportunities to these communities. However, this decision faces a challenge in the Supreme Court, with a hearing scheduled for October 6.

Supreme Court Emphasises Validity of Arrest in PMLA Cases for Remand

The Supreme Court has highlighted the importance of ensuring the validity and lawfulness of arrests under the Prevention of Money Laundering Act (PMLA) when granting remand under Section 167 CrPC. It noted that courts must verify that arrests comply with Section 19 of the PMLA Act 2002, which requires authorised officers to record reasons for belief in the involvement of the arrested person in money laundering and informing them of the grounds of arrest.

Failure to do so may result in the remand order being invalidated. The court’s observations came while declaring the arrests of Gurugram-based realty group M3M directors as illegal, criticising the Directorate of Enforcement’s actions and emphasising transparency and fairness in their conduct.

Supreme Court: Enforcement Directorate Must Provide Written Grounds of Arrest

In a significant ruling in the case of Pankaj Bansal v. Union of India, the Supreme Court has mandated that the Enforcement Directorate (ED) must provide the reasons for arrest to the accused in writing. The decision emphasises that Section 19 of the Prevention of Money Laundering Act (PMLA), which grants ED officers the authority to arrest individuals for money laundering offenses, requires the accused to be “informed of the grounds of such arrest.”

While the section does not specify the mode of informing the grounds, the court clarified that this information must be conveyed in writing to serve its intended purpose. This ruling ensures transparency and the right to legal counsel for the accused in PMLA cases, facilitating their plea for bail based on a clear understanding of the grounds for arrest.

Delhi Court Permits Prabir Purkayastha to Meet Lawyer, Decision Pending on FIR Copy

A Delhi court has granted permission for NewsClick founder Prabir Purkayastha, booked under the Unlawful Activities Prevention Act (UAPA) in connection with the Chinese funding case, to meet his lawyer. However, no decision has been made yet regarding the supply of the first information report (FIR) copy to the accused. Purkayastha and NewsClick’s human resources head, Amit Chakravarty, were arrested following Delhi Police raids.

They have been remanded to seven days of police custody. Purkayastha’s lawyer argued for their right to access the FIR copy, citing Section 41D of the CrPC. The court will decide on the FIR copy supply tomorrow. Purkayastha and Chakravarty were arrested following allegations of boosting Chinese propaganda and a petition challenging the FIR and arrests will be filed in the Delhi High Court. The matter will continue to be heard.

NGT Seeks Reports on Ganga Pollution in West Bengal

The National Green Tribunal (NGT) has requested reports from the district magistrates of 10 districts in West Bengal, where the Ganga and its tributaries flow, regarding pollution caused by the discharge of sewage and industrial effluents. The NGT is also seeking information about the remedial actions taken by the authorities.

The tribunal was addressing a matter related to the prevention and control of Ganga pollution in West Bengal, where the river is known as Bhagirathi or Hooghly. The NGT has directed the District Ganga Protection Committees to submit reports through their respective District Magistrates. The issue will continue to be heard on December 6, with a focus on preventing and controlling pollution along the entire stretch of the Ganga.