The Law Bulletin…
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ith a view to prevent acid attacks, the SupremeCourt has completely prohibited over-the-counter saleof the chemical unless the seller maintains alog/register recording the address and other details of thebuyer, and the quantum.Giving this interim direction, effective until rules areframed by States and Union Territories, a Bench of Justices R.M. Lodha and Ibrahim Kalifulla, hearing thepetition filed by acid attack victim Laxmi, said alldealers should sell the chemical only after the buyershowed a government-issued photo identity card andspecified the purpose of purchase. The seller shouldsubmit the details of sale to the local police withinthree days of the transaction; no acid should be sold toany person under 18 and all stocks must be declaredwith the local sub-divisional magistrate (SDM) in 15days.
All institutions shall maintain a register of usage of acid and file the same with the local policeand the SDM concerned. Further, the institutionsshould make a person accountable for possession andsafe keeping of acid; acid should be stored under thesupervision of this person and there should becompulsory checking of students/personnel leavingthelaboratorieswhere acid is used.
nordinate delay in execution of a preventivedetention order, either because the offender has beenabsconding or evading arrest or it could not beexecuted due to inaction on the part of authorities,cannot be a valid ground for quashing it, the SupremeCourthas ruled.A Bench of Chief Justice Altamas Kabir (who has sinceretired) and Justices Gyan Sudha Misra and J.Chelameswar, by a majority of 2:1, held that the orderof detention at the pre-execution stage
not fit to bequashed and should not be quashed merely due to along lapse of time.
Writing the main judgment, JusticeGyan Sudha said if it was held that a detention orderwas fit to be quashed merely because the same couldnot be executed for one reason or the other speciallywhen the person concerned was evading it,
lawsof preventive detention would surely be reduced to ahollow piece of legislation which is surely not thepurpose and object of the [Conservation of ForeignExchange and Prevention of Smuggling Activities, orCOFEPOSA]Act.
Supreme Court order on smoking hazardT
he Supreme Court removed all hurdles onimplementation of Point of Sale Rules on tobaccoand tobacco products. As per the rule, each displayboard should contain in an Indian language awarning that
and it should be prominently displayed in aspacemeasuring20 cm by 15 cm.
Four Indian-Americans win awards
Four Indian-American professors are among 13mathematicians, theoretical physicists andtheoretical computer scientists selected for theSimons Investigators awards for their cutting-edgeresearch. Kannan Soundararajan, Rajeev Alur, SalilP. Vadhan and Senthil Todadri will receive$1,00,000 a year for five years for long-termresearch.
FDI cap hiked in key sectorsI
n a bid to boost foreign investment, the UPAgovernment hiked limits and relaxed rules forForeign Direct Investment in key sectors includingdefence, telecom, insurance, commodityexchanges and power exchanges. In telecom, theFDI limit has been increased from 74 per cent to100 per cent under the Foreign InvestmentPromotionBoard (FIPB)route.These major policy decisions
taken at a meetingconvened by Prime Minister Manmohan Singh
are aimed at boosting the flow of foreign funds inthe light of a depreciating rupee against the dollarand a bid to turn around declining investorsentiment. The 26 per cent FDI cap on defencemanufacturing would now be under the automaticroute and beyond 26 per cent the CabinetCommittee on Security (CCS) will take a decisionon a case-to-case basis. Addressing concerns,especially of the foreign investors in the insurancesector, the government hiked the 26 per cent FDIlimit to 49 per cent under the automatic approvalroute. Similarly, for basic and cellular services inthe telecom sector, the government hiked thelimit under the automatic route to 49 per cent and49 to 100 per cent under the FIPB route. Inpetroleum and natural gas, refining, the cap hasgoneup to 49 per cent under the automaticroute.