Bail Provisions in PMLA Act

A trial court in Delhi denied interim bail to Bharat Rashtra Samithi (BRS) leader K Kavitha in the Delhi excise scam case.

• The PMLA was enacted in response to the political declaration adopted by the special session of the United Nations General Assembly held on June 8 and 10, 1998.
• The special session called on member states to put in place national anti-money laundering legislation.
• Aim – The main focus of the PMLA is
• To prevent money-laundering
• To provide for confiscation of property derived from or involved in money-laundering.
• The Enforcement Directorate (ED) is the main agency probing allegations under PMLA.
• Bail Provisions
• Section 45 – Section 45 of the PMLA provides for bail on money laundering charges.
• UAPA – This provision in the law, like the stringent bail standard in the Unlawful Activities (Prevention) Act, 1967 (UAPA), puts the onus on the accused to prove that there is no prima facie case against them while seeking bail.
• Section 45(1) – No person accused of an offence under this Act shall be released on bail or on his own bond unless:
• The Public Prosecutor has been given an opportunity to oppose the application for such release.
• Where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
• Crucial Exception – However, there is a crucial exception to the bail standard.
• Provided that a person, who is under the age of sixteen years or is a woman or is sick or infirm (not physically or mentally strong), may be released on bail, if the Special Court so directs.
• This exception is similar to exemptions under the Indian Penal Code for women and minors.
• Preeti Chandra vs Directorate of Enforcement, June 14, 2023 – The court added a qualifier that the accused cannot be a flight risk or tamper witnesses to be eligible for bail.
  • Flight risk corresponds to someone who has been accused of a crime and is considered likely to try to escape out of the country before their trial begins.
• Thus it requires the accused to not be a flight risk, likely to tamper with evidence, or likely to influence witnesses.

CDP-Suraksha

The government has come up with a new platform to disburse subsidies to horticulture farmers under the Cluster Development Programme (CDP), the Centre’s initiative to promote horticulture crops.

• The CDP-SURAKSHA is essentially a digital platform. 
• SURAKSHA – System for Unified Resource Allocation, Knowledge, and Secure Horticulture Assistance.
• The platform will allow an instant disbursal of subsidies to farmers in their bank account by utilising the e-RUPI voucher from the National Payments Corporation of India (NPCI).
• The CDP-SURAKSHA has features such as:
  • Database integration with PM-KISAN, cloud-based server space from NIC, UIDAI validation, eRUPI integration, local government directory (LGD), content management system, geotagging, and geo-fencing.
• Working – The platform allows access to farmers, vendors, implementing agencies (IA), and cluster development agencies (CDAs), and officials of the National Horticulture Board (NHB).
• A farmer can login using their mobile number and place an order for planting material such as seeds, seedlings, and plants based on their requirement.
• Once the demand has been raised by the farmer, the system will ask them to contribute their share of the cost of planting material.
• The subsidy amount paid by the government will appear on the screen automatically.
• After the farmer pays their contribution, an e-RUPI voucher will be generated.
• This voucher will then be received by a vendor, who will provide the required planting material to the farmer.
• Difference – In the old system, a farmer had to buy planting materials on their own.
• They would then have to approach the officials concerned for the release of the subsidy.
• The CDP-SURAKSHA platform, however, will provide subsidies to farmers upfront, at the time of purchasing the planting material.
• Vendors, who will supply planting materials to farmers, will receive their payment only after farmers verify the delivery of their orders.
• e-RUPI – The CDP-SURAKSHA platform uses e-RUPI vouchers from the NPCI.

• The voucher is a one-time payment mechanism that can be redeemed without a card, digital payments app or internet banking access, at the merchants accepting e-RUPI.
• According to the NPCI, the e-RUPI can be shared with the beneficiaries for a specific purpose or activity by organisations or government via SMS or QR code.

Lunar Time Standard

NASA has been asked to create a time zone for the moon.

• As there is less gravity on the Moon, time ticks slightly faster there relative to the time on the Earth (58.7 microseconds faster every day, compared to the Earth).

• Earth Standard Time is also known by the name, Coordinated Universal Time (UTC).
• It is set by the International Bureau of Weights and Measures in Paris, France.
• Atomic Clocks – This 24-hour time standard is kept using highly precise atomic clocks combined with the Earth’s rotation.

Muria Tribals

The Muria Tribals lack access to primary education, safe drinking water, and social welfare benefits.

• Location – They are concentrated in the states of Telangana, Andhra Pradesh, Chhattisgarh, and Odisha.
• Internally Displaced People (IDPs) – The Muria settlements are known as habitations of Internally Displaced People (IDPs).
• Population – Their population is around 6,600 in Andhra Pradesh.
• Other Name – The Murias are referred to as ‘Gutti Koyas’ by the native tribes.
• Language – They speak Koya, which is Dravidian language.
• Festival – The most important fair celebrated by Koyas is the Sammakka Saralamma Jatra.
• It is celebrated once in two years on full moon day of the Magha Masam (January or February).
• Agriculture – They practice Podu form of shifting cultivation.
• Status – The held ST status in Chattisgarh but they were not granted ST status in their migrated states such as Telangana.

Curative Petition

SC quashes Rs.7687-crore arbitral award against Delhi Metro’s DAMEPL as patently illegal.

• Curative Petition – A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed.
• Curative Petitions are the final remedy where the SC can reconsider a dismissed review petition.
• Rupa Hurra Case – In 2002, in Rupa Hurra vs Ashok Hurra, the SC allowed curative writs as the last resort to correct judgments that are oppressive to judicial conscience and would cause perpetuation of irremediable injustice.
• They held that the Supreme Court could entertain a curative petition under the following grounds:
  1. Violation of principles of natural justice,
  2. Question of bias against the presiding judge,
  3. Abuse of the process of the court.

• Procedure – A curative petition is supported by Article 137 of the Constitution of India.
• As per the article, in matters of law and regulations made under Article 145, the Supreme Court has the power to review any judgements or orders made by it.
• A curative petition needs to be made within 30 days from the date of the judgement passed.
• Criteria –
  1. A petitioner can file a curative petition only if the review petition has been dismissed.
  2. It is also required from the petitioner to state or assert specifically the grounds on which the review petition was undertaken and that it was dismissed by circulation, which is in turn certified by a senior advocate.
  3. A curative petition is entertained if it has been established that there has been a violation of the principles of natural justice.
  4. Additional grounds of considering the petition is that he/she was not heard by the court when passing the judgement.
  5. The curative petition is circulated to a Bench consisting of the three senior-most judges, and the judges who had passed the original sentence if possible.
  6. When and only a majority of the judges decided that the matter needs a hearing, can the petition be listed before the same Bench.
  7. Should a request for an open-court hearing be made, then such a hearing is allowed, but a curative petition is usually decided by judges in the chamber.
  8. If the petition lacks any grounds for reasonable consideration then the court could impose “exemplary costs” on the petitioner.