DAILY NEWS ANALYSIS 12th August, 2019 https://www.jatinverma.org Page | 1 ©Jatin Verma All Rights Reserved. https://www.jatinverma.org Page | 2 Important News Articles (Taking Delhi/Noida edition as the base) Page 1: Restrictions return to Valley Page 4: HC upholds Section 7(3) of Extradition Act Page 7: No formalin found in fish imported to Goa: minister Page 8: KRS dam likely to touch full reservoir level today Page 8: Several villages in Telangana face threat of evacuation Page 9: Heavy inflow from Karnataka raises level in T.N.’s Mettur dam ©Jatin Verma All Rights Reserved. https://www.jatinverma.org Page | 3 Page 1: Restrictions return to Valley [GS3: Defence & Security] • Security was tightened and restrictions were reimposed in the Kashmir Valley on the eve of Id, amid reports of “street mobilisation.” • Section 144 of the Cr.PC that prohibits the assembly of more than four people was never completely lifted in the city. • WHAT IS SECTION 144 • Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. • According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting. • Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property. • Section 144 of CrPC generally prohibits public gathering. WHAT IS SECTION 144? • Section 144 also restricts carrying any sort of weapon in that area where it has been imposed and people can be detained for violating it. The maximum punishment for such an act is three years. • According to the order under this section, there shall be no movement of public and all educational institutions shall also remain closed. • Moreover, obstructing law enforcement agencies from dispersing an unlawful assembly is a punishable offence. Section 144 also empowers the authorities to block the internet access. • 144 CrPC bars the conduct of certain activities or actions or events which are allowed to be done in regular course. • It is imposed to ensure maintenance of peace and tranquillity in an area. What is the difference between Curfew and Section 144 of CrPC? • Section 144 of CrPC generally prohibits public gathering. • And on the other hand, curfew, orders people to stay indoors for a specific time. Therefore, the officials can impose curfew for a certain time. Time is very important in this. • However, the authorities can extend the period of curfew if required. • Most importantly, if you want to go out from your house during the curfew, you need prior approval from the local police. • Also we can say that, Section 144 of CrPC bars mob gatherings but it does not control it. ©Jatin Verma All Rights Reserved. https://www.jatinverma.org Page | 4 • A curfew is a larger action taken to control the grave situation. You need permissions to move out in a curfew. Mains Question: Critically comment on the history of Article 370 of the Indian Constitution, its implications and relevance for the Union of India. Page 4: HC upholds Section 7(3) of Extradition Act [GS2: Separation of powers between various organs dispute redressal mechanisms and institutions.] • Holding that there can be no parity between Indian laws and laws of other nations, the Delhi High Court has refused to strike down Section 7(3) of the Extradition Act, 1962. • The Petitioner submitted that Section 7(3) of the Extradition Act, 1962 merely called for a "prima facie case" before a person is extradited from India while in the USA, the Office of International Affairs forwards the request to the US Attorney’s Office in the district where the fugitive is located, only if the material is “sufficient and appropriate”. • This, as per the petitioner, was discriminatory and violative of Articles 14 and 21 of the Constitution of India. • Upholding Section 7(3), the Court said that the ‘prima facie’ test for extradition under Act was legal and fair as a full-fledged trial would only take place in the country to which a person is extradited. What is extradition? • Extradition is simply the surrender of a criminal to one country by another. • It also helps in maintaining the territoriality of the penal code, which says that a country should not apply its criminal law to a person who committed an offence outside its territories except when the crime is related to a particular country’s national interest. • The process is regulated by treaties between the two countries. • Extradition is governed by the Indian Extradition Act, 1962. • India has extradition treaties with 44 countries. So, this means these countries generally accept that the offender will be treated as criminal in both countries. • India also has extradition arrangements with 9 countries, which means India and these countries agree to assist mutually each other in “legal procedures”. What are India’s extradition laws? • In India, the Extradition Act, 1962 regulates the surrender of a person to another country or the request for arrest of a person in a foreign land. ©Jatin Verma All Rights Reserved. https://www.jatinverma.org Page | 5 • The Act specifies a list of extradition offences –an offence provided for in the extradition treaty with that state. The process has to be initiated by the central government. • As we have extradition treaties with only 44 countries and extradition arrangements with another 9 countries, where there is no treaty the central government is empowered to take action by releasing a notification and treating any convention to which India and the foreign country are parties as the extradition treaty. • Between 2002 and 2016, 62 fugitives have been extradited by the Foreign Governments to India. What are the internationally accepted extradition conditions? • There is a general consensus about a few conditions of extradition. The crime should fulfill the criterion of dual criminality it’s a punishable offence in both countries. • For instance, homosexuality might be a crime in a country while it is accepted in another. • In that case, the first country cannot request the second to extradite a person who is charged with a homosexuality related offence. • Political criminals are generally not extradited. • Some countries refuse to extradite if the kind of expected punishment is abolished or is not administered in their own territories. In what situations can the government deny extradition? • If the government finds the case trivial and if it thinks that surrendering of the person is not being made in good faith or in the interests of justice or for political reasons, it can deny the request. • If the surrender according to the requesting country’s own law is barred by time, the person cannot be extradited from India. • If the government feels that the person will be charged with an offence not mentioned in the extradition treaty, it can stop the process. • If the person is serving a jail term or is accused of an offence on Indian soil, which is different from the offence for which he or she is wanted abroad, the extradition process can be stopped. Mains Question: Extradition arrangements work on the basis of trust and any failure to abide by the assurances would doubtlessly affect the trust between the court and the Government of India. Analyze in light of Nirav Modi and Vijay Mallya cases. ©Jatin Verma All Rights Reserved. https://www.jatinverma.org Page | 6 Page 7: No formalin found in fish imported to Goa: minister [GS3: Environmental Pollution] • Goa Health Minister has said no trace of formalin has been found in fish brought to the state from outside. • The state government was also taking services of the Quality Council of India (QCI) to conduct random checks on fish. • What is Formalin? • Formalin is a toxic, colourless solution that is derived by dissolving formaldehyde gas in water. • It is a cancer-inducing chemical used to preserve fish and is used as a disinfectant. • It is used in the manufacture of pesticides, fertilisers, glue, paper and paint, among other products. • Formalin causes irritation in the eyes, throat, skin and stomach. • Formaldehyde is a highly reactive, flammable gas. Page 7: No formalin found in fish imported to Goa: minister About Quality Council of India • Quality Council of India (QCI) was set up in 1997 as an autonomous body. • It was setup jointly by the Government of India and the Indian Industry represented by the three premier industry associations i.e. 1. Associated Chambers of Commerce and Industry of India (ASSOCHAM), 2. Confederation of Indian Industry (CII) and 3. Federation of Indian Chambers of Commerce and Industry (FICCI) ©Jatin Verma All Rights Reserved. https://www.jatinverma.org Page | 7 • It aims to establish and operate national accreditation structure and promote quality through National Quality Campaign. • The Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, is the nodal ministry for QCI. • Chairman of QCI is appointed by the Prime Minister on recommendation of the industry to the government. Prelims 2018 Question. Consider the following statements 1. The Food Safety and Standards Act, 2006 replaced the Prevention of Food Adulteration Act, 1954. 2. The Food Safety and Standards Authority of India (FSSAI) is under the charge of Director General of Health Services in the Union Ministry of Health and Family Welfare. Which of the statements given above is/are correct? a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Page 8: KRS dam likely to touch full reservoir level today [GS1 : Indian geography] • The Krishnaraja Sagar (KRS) near Srirangapatna, a major dam in the Cauvery basin in Karnataka, is expected to attain full reservoir level (FRL).