Undertrial Review Committee
1)
67 per cent of those lodged in the prisons in the country are undertrials
who are too poor to get bail.
2)
The Supreme Court has directed the National Legal Services Authority
to coordinate with the Union Home Ministry to ensure urgent review of their
cases for granting them bail.
3)
SC has given one month to ensure the functioning of the Undertrial
Review Committee in every district in the country. The committees will now meet
on June 30. The Supreme Court has ordered that the committees be revived in one
month.
4)
The idea of forming the committees came in an advisory issued by
the Home Ministry on January 17, 2013.
5)
Section 436A of Cr. PC : Undertrials can be released
on bail on personal bonds if they have spent in jail half the maximum period of
punishment for the offence they are charged with.
6)
The objective of the
Undertrial Review Committee in every district in the country is to implement Section
436A of the Code of Criminal Procedure, which allows this concession.
7)
Composition of URC :
i.
District Judge
ii.
Superintendent of Police
iii.
District Magistrate,
8)
SC
observed that a large number of prisoners are continuing
in custody only because of their poverty. This is certainly not in the spirit
of the law and poverty cannot be a ground for incarcerating a person.
9)
The Home Ministry was asked to direct the Bureau of Police
Research and Development to review within three months a model prison manual
which was circulated in 2003, keeping in mind the huge change in circumstances and
availability of technology.
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Validity of National Company Law Tribunal (NCLT)
1)
The Supreme Court has upheld the constitutional validity of the National
Company Law Tribunal (NCLT) and its appellate forum under the Companies Act of
2013.
2)
SC however, quashed Section 409(3)(a) and (c) and Section 411(3)
of the Act providing for qualifications of technical members.
3)
It held that for appointment of technical members to NCLT,
directions contained in the 2010 judgment should be “scrupulously followed.”
Ø The 2010 decision held
that persons below the rank of a Secretary or Additional Secretary should not
be appointed as a technical member to NCLT.
http://www.thehindu.com/news/national/sc-upholds-validity-of-company-law-tribunal/article7216796.ece
NCLT
1)
National Company Law Tribunal (NCLT)
is a proposed quasi-judicial
body that will govern the
companies.
2)
It will be established under the Companies Act, 2013 and is a successor body of the Company Law Board.
3)
The principal bench of NCLT is
expected to be established in New
Delhi.
4)
NCLT will have the same powers as
assigned to the erstwhile
i.
Company Law Board (which are
mostly related to dealing with oppression and mismanagement)
ii.
Board for Industrial and Financial
Reconstruction (BIFR)(revival of
sick companies)
iii.
powers related to winding up of
companies (which was available only with the High Courts)
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