List of Current Affairs

Source: Allahabad High Court

Why in News?

• The bench of Justice Subhash Vidyarthi observed that a published proclamation is required under Section 82 of the Code of Criminal Procedure, 1973 (CrPC) to render an accused the status of a proclaimed offender.
• The Allahabad High Court gave this observation in the matter of Khalid Anwar Alias Anwar Khalid v. Central Bureau of Investigation Thru. Branch Hear New Delhi.

Background

• The applicant filed an anticipatory bail application before the HC against a complaint against him regarding the smuggling of contraband goods of foreign origin like gold, cigarettes, and saffron.
• The respondents raised a preliminary objection that a proclamation under Section 82 CrPC has been issued against the applicant and, therefore, in view of the law he cannot be granted an anticipatory bail.
  • A proclamation was issued requiring the applicant to appear before the Court on 2^nd September 2023.
• However, the HC noted that there is nothing on record to indicate that the proclamation has been ‘published’ as provided under Sub-section (1) of Section 82 CrPC.

Court’s Observation

• The HC mainly observed when the proclamation has not even been published as per the law, the occasion for the applicant being “declared” a proclaimed offender under Sub-section (4) of Section 82 CrPC has not yet arisen.
  • Hence, allowed the anticipatory bail application filed under Section 438 of CrPC.

Mandate of Section 82 of CrPC

• Section 82 of CrPC serves as a powerful tool in the hands of the judiciary and law enforcement agencies to ensure that individuals accused of crimes do not evade justice.
• Any Court may publish a written proclamation if it has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such a warrant cannot be executed.
  • Through the proclamation the Court will require the person to appear at a specified place and at a specified time.
• The specified time to appear before the Court shall not be less than 30 days from the date of publishing such proclamation.
  • During this time, the accused has an opportunity to surrender to the authorities or the court.

Manner of Publishing Proclamation

• The proclamation under Sub-section 2 of Section 82, CrPC shall be published in the following manner:
  • It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
  • It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
  • A copy thereof shall be affixed to some conspicuous part of the Court house;
    • The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
  • A statement in writing by the Court issuing the proclamation shall be conclusive evidence that the requirements of Section 82 have been complied with, and that the proclamation was published on such a day.
  • Sub-section (4) of the Section 82 states the situation when the proclamation is published under Sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, 1860 (IPC).
    • If such a person fails to appear at the specified place and time required by the proclamation, the Court may, after making such an inquiry as it thinks fit, pronounce him as a proclaimed offender and make a declaration to that effect.

Source: Allahabad High Court

Why in News?

Recently, the High Court of Allahabad in the matter of Jose Papachen and Another V. State of UP, has explained the scope of Section 4 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Background

• In this case, the appellants Jose Papachen and Sheeja are Christians by religion who were accused of being instrumental in the conversion of religion (from Hinduism to Christianity) by various allurement amongst the communities of Scheduled Caste and Scheduled Tribe.
• On 24^th January 2023, the First Information Report (FIR) was lodged by the complainant under the provisions of UP Prohibition of Unlawful Conversion of Religion Act, 2021.
• The complainant is Zila Mantri of a Political Party.
• Their bail application was rejected by the Special Judge in March 2023 following which, an appeal was filed before the HC.
• The appeal was allowed, and the appellants were directed to be released on bail.

Court’s Observations

• The bench of Justice Shamim Ahmed held that as per the mandate of the said provision, only a person who has been converted, his/ her parents, brother, sister, or any other person who is related to him/ her by blood, marriage, or adoption may lodge a FIR pertaining to the allegation of such conversion and no one else.
• The Court further held that as per Section 4 of this Act, an aggrieved person or his close relatives may only file an FIR alleging the commission of an offence under Section 3 of this Act, which prohibits conversion of religion as also its attempt by traced misrepresentation, force, undue influence, and/or allurement, as also its abatement and conspiracy.
• The Court noted that the complainant in the case was not the competent person to lodge an FIR under Section 4 of this Act.

Legal Provisions

UP Prohibition of Unlawful Conversion of Religion Act, 2021

• In the year 2021, the UP Legislative Assembly passed this Act which replaced the UP Prohibition of Unlawful Religious Conversion Ordinance, 2020 which was promulgated in November 2020.
• The UP State Assembly cleared the ordinance on 24 November 2020 following which it was approved and signed by State Governor Anandiben Patel on 28 November 2020.
• Applicable in the State of UP, it is an anti-conversion law enacted by the Government of UP.
• This Act provides for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage.
• Section 4 of this Act deals with Persons Competent to Lodge FIR It states that -
  • Any aggrieved person, his/ her parents, brother, sister, or any other person who is related to him/ her by blood, marriage, or adoption may lodge FIR of such conversion which contravenes the provisions of Section 3.

Source: Indian Express

Why in News?

Recently, the High Court of Delhi in the matter of National Restaurant Association of India and Anr. v. Commissioner of Police and Anr., passed an interim order directing the members of the Federation of Hotel and Restaurant Association of India (FHRAI) to use the term staff contribution in place of ‘service charge’ and cap it at 10% of the total bill amount.

Background

• Before the Delhi High Court, pleas were moved by the National Restaurant Association of India (NRAI) and by FHRAI, challenging the 4^th July 2022, guidelines issued by the Central Consumer Protection Authority (CCPA) .
• As per the 4^th July 2022, guidelines, service charge shall not be collected from consumers by any other name and is optional and voluntary. Service charge shall not be collected by adding it along with the food bill and levying GST on the total amount. Moreover, it cannot be added to the bill automatically, without informing the consumers. The guidelines were issued by the CCPA under Section 18(2)(1) of the Consumer Protection Act, 2019.
• Before the High Court, FHRAI submitted that its members were ready to change the terminology.
• However, the NRAI refused as 80% of NRAI members impose service charge on its customers as a mandatory condition and that its members did not agree to the changed terminology.
• The matter will be heard further but in the meantime the court directed members of the FHRAI to use the term staff contribution and to cap it at 10% of the total bill amount.

Court’s Observations

• The Court directed that the members of FHRAI shall use the terminology staff contribution for the amount of service charge that they are currently charging. The same shall not be more than 10% of the total bill amount, excluding GST.
• Justice Pratibha Singh stated that around 3,300 FHRAI-associated hotels and restaurants will now specify on their menus in bold that tips need not be given after staff contribution is paid.

Legal Provisions

Section 18 of the Consumer Protection Act, 2019

Section 18 of this Act deals with the powers and functions of the CCPA. It states that -

(1) The Central Authority shall-

(a) protect, promote and enforce the rights of consumers as a class, and prevent violation of consumers rights under this Act;

(b) prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;

(c) ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder;

(d) ensure that no person takes part in the publication of any advertisement which is false or misleading.

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Central Authority may, for any of the purposes aforesaid--

(a) inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government;

(b) file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act;

(c) intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices;

(d) review the matters relating to, and the factors inhibiting enjoyment of, consumer rights, including safeguards provided for the protection of consumers under any other law for the time being in force and recommend appropriate remedial measures for their effective implementation;

(e) recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights;

(f) undertake and promote research in the field of consumer rights;

(g) spread and promote awareness on consumer rights;

(h) encourage non-Governmental organizations and other institutions working in the field of consumer rights to co-operate and work with consumer protection agencies;

(i) mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers' interest;

(j) issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services;

(k) advise the Ministries and Departments of the Central and State Governments on consumer welfare measures;

(l) issue necessary guidelines to prevent unfair trade practices and protect consumers' interest.