BLOGS
Can the police seize the phones of the people being
The Narcotics Control Bureau (NCB), which is investigating drug charges against actor Rhea Chakraborty and others, seized and recovered data from the cell phones of Rhea and Jaya Saha, director of the late actor Sushant Singh Rajput. NCB has named Rhea and Shah as defendants in their FIR in the case. They also seized the phones of actresses Deepika Padukone, Shraddha Kapoor and Sara Ali Khan, who are not charged in the case.
Can the police seize the phones of the people being investigated?
Yes. Article 102 of the Code of Criminal Procedure gives the police the right to seize material they consider valuable in the context of the investigation.
- Sections on a police officer’s power to confiscate certain property state; “Any police officer may seize any property which could be suspected or suspected of having been stolen, or which can be found in circumstances which create suspicion of any offense.
- Said police officer (…) must immediately report the seizure to the competent magistrate and to the place where the property was seized.
- “The NCB, a central body which is not technically the police, obtains similar powers of “search and seizure” of the NDPS law.
What if the person has not been named as the defendant?
- Section 102 of the CrPC gives the police the power to seize the laptop / laptop / private diary or anything they believe will help them investigate the case.
- It doesn’t matter if the person is an accused or just a witness in the case, as long as the police think they have something that will aid the investigation.
Are there any guarantees of respect for the privacy of the person whose telephone is seized?
- An investigator is supposed to remove personal devices for investigative purposes only and should not be disclosed to anyone. However, if someone feels their data is being leaked, they can turn to the court hearing the case so that the agency does not leak that could lead to defamation.
In the case of Deepika, Sara and Shraddha, the agency said they voluntarily returned their phones. How it works?
- An IPS official said that while they usually confiscate the phones of the accused, when it comes to obtaining data from witnesses or government agencies such as land registers in a particular case, there is also something called “transfer / takeover” for an additional operation fluid.
- The seizure of a particular document / device involves an appropriate procedure which includes the seizure of evidence in the presence of witnesses and the making of a panchnama, the sealing of the objects and also the taking of the hash value in the case of electronic items. to prove that they were not tampered with.
- The transfer / takeover is usually done without these detailed procedures and means speeding up the process.
In which cases do the agencies make foreclosures and / or handovers / repossessions?
- In cases where it is likely that the person could later claim in court that the evidence has been tampered with, agencies usually confiscate it to provide guarantees against any allegations, as all evidence is sealed in front of witnesses who can be called to confirm the same in court.
- Assignment / repossession is usually reserved in cases where there is no possibility of prosecution, such as a government agency that hands over land records / birth certificates to an agency.
- In general, while state police prefer seizures in most cases, while central agencies like the CBI sometimes use surrender / takeover.
What is the hash value for electronic products?
- When an agency enters a mobile, laptop or other electronic device, it must take the hash value. A hash value is basically an algorithm that is a specific numeric value that identifies the contents of the file at any given time.
- If you try to modify the content of the device, the hash value will change. When the device is handed over to a forensic authority, to retrieve data, they are only supposed to proceed if the hash value recorded at the time of entry is the same as on the device when they gave it to them.
- Ensures the sanctity of the data. If during a raid there are no experts to take the hash value, the agents are supposed to seal the phone in a bag which is then opened in front of the cyber experts.
- Even in the case of computers, agents are not supposed to shut down the computer, as data could be lost, and simply remove the cable and seal it.
Are there cases where the defendant was not provided with the hash value?
- In the Bhima Koregaon case, where several activists and lawyers were arrested for inciting violence at the Elgar Parishad in Shaniwar Wada in Pune in 2017, relatives of some of the arrested defendants alleged that the Pune police had not failed to provide the hash value devices that were seized from the home of the accused.
- The allegations were that the hash value in some cases was provided months later, thus questioning the sanctity of the data on the devices, the defendant alleged.
So when are seized devices returned?
- It depends on what the investigating agencies find on these devices. In the event that they cannot find any evidence to be used on the charge sheet, the owner of the device or the investigator can apply to the court for the device to be returned to them.
- If you have important evidence, the person may have to wait until the trial is over or after the court has recorded the evidence before the court will agree to return it to the landlord.
Budget 2021-22
Board Review of CBSE 2022
Board Review of CBSE 2022: New Board Curriculum divides the academic session into two terms and focuses on internal assessment
The Central Board of Secondary Education (CBSE) announced a special assessment system for the CBSE Board exams in class 10 and 12 for the 2021-2022 academic session. Board reviews for the 2021 batch will now run in two semesters with 50 percent of the schedule each quarter.
- In addition, the main educational body said it will optimize the curriculum for classes 10 and 12 for 2021-2022 and will be notified by the end of July.
- According to an official statement from the CBSE, the curriculum for the academic session 2021-22 will be divided into two quarters following a systematic approach by examining the inter-connectivity of concepts and subjects by subject matter experts.
- CBSE will conduct the examinations until the end of each quarter on the basis of the bifurcated schedule.
- The 2021-22 board exam schedule will be simplified in the same way as the last academic session to be notified in July 2021.
- However, for academic transactions, Schools affiliated to CBSE will follow the syllabus and schedule published by CBSE on March 31st.
- Furthermore Schools will also use alternate academic calendars and NCERT contributions to process the curriculum.
- The Board stated that efforts will be made to make the internal / practical / project evaluation work more credible and valid in accordance with the guidelines and moderation policy that will be announced by the jury to ensure a fair distribution of scores.
Two board reviews
From now on, two board examinations will be conducted, “each of which will be called Term-I and Term-II respectively,” and each will be conducted on a 50 percent schedule.
- While the semester I test will be based on a 90-minute MCQ, the semester II test will last 2 hours and will include questions in different formats. (In the event that the situation is not conducive to a normal descriptive exam, an exam based on a 90 minute MCQ will also be conducted at the end of Semester II)
- The CBSE will prepare the questionnaire and send it to the schools with the grading scale.
- Exams will be conducted under the supervision of external center superintendents and observers designated by the CBSE.
- The grades from Terms I and II will be added to the students’ final overall grade.
- Semester I will be held in November, December, while Semester II will be held in March-April.
- Semester I test will include multiple-choice questions, including case-based multiple-choice questions and assertion reasoning.
CBSE Curriculum Transaction
- CBSE Schools will continue to teach at a distance until the authorities allow face-to-face teaching in schools.
- For classes 9 and 10, the internal assessment (throughout the year regardless of quarter I and II) would include the three periodic exams, student enrichment, portfolio and practical assignments / activities, oral listening / project.
- For Classes 11-12, internal assessment (year-round, regardless of quarters I and II) would include end-of-subject tests or unit tests / exploratory activities / internships / projects.
- Furthermore schools would create a student profile for all assessments conducted during the year and would maintain the evidence in digital format.
- The CBSE will allow schools to upload internal assessment notes to the CBSE IT platform.
- The guidelines for the internal assessment of all subjects will also be published with the simplified program divided by term for the 2021-2022 session.
- CBSE Board would also provide additional resources such as sample assessments, question banks, teacher training, etc. for more reliable and valid internal evaluations.
Black Rice of Manipur has got GI tag.
Banarasi Sarees, Kanjeevaram Sarees, Mathura’s Peda, Agra’s Petha, Darjeeling tea, are very popular in India with these names, every shopkeeper wants to sell their products with these names, and it is called Geographical Indication (GI) tag. So far, about 624 products in India have received GI tag.
What is Geographical Indication?
Geographical indications are a name or mark like “logo” that gives specific recognition to an agricultural product, natural and manufactured products (sweets, handicrafts and industrial goods). This tag is given to products of special quality and identity (which originate in a specific geographical area). No one is allowed to use this name except for any region (country, state and town) which is given this tag.
Who issues GI in India?
This tag is issued under the Geographical Indication of Goods (Registration and Protection) Act, 1999. This tag is given by the Geographical Indication Registry by the Department of Industry Promotion and Internal Trade, Ministry of Commerce and Industry. It takes about a year to get this GI tag.
If someone’s claim is not up to the facts then the application is also canceled. GI tag is not given to any product for lifetime, as per the rule it is given for 10 years. After this period one has to apply again to get it. The first GI tag in India was given to Darjeeling tea in 2004 which is related to West Bengal. The second GI tag was then given to Aranmula Kannadi (Handicraft, which is a mirror and made in Kerala).
Black Rice of Manipur has been given Geographical Indication (GI) tag:
Recently Black Rice of Manipur has been given Geographical Indication (GI) tag, this means that no producer in Punjab can now claim that it has produced Black Rice, that is, now Black Rice becomes the identity of Manipur has gone. One of its biggest advantages will be that now the farmers of Manipur will be able to produce it in large quantities as well as by exporting it in the world, they will also get less in income. Black rice costs around Rs 100 to 120 per kg.
Let us now know what are the features and benefits of Manipur’s black rice or “Chakhao” rice in local language:
- ‘Chakhao’ rice has the highest protein in comparison to other rice. Apart from this, vitamins, minerals, fiber protein and iron are also found in sufficient quantities in it.
- Anthocyanin is found in this black rice, which reduces the risk of heart attack. It does not allow plaques to accumulate in the arteries, which is the main reason for a heart attack.
- Eating this rice can reduce diabetes, Alzheimer’s, hypertension, arthritis, high cholesterol levels, prevent allergies, aging and even prevent cancer.
- Black rice is very aromatic as well as very good in taste.
- ‘Chakhao’ rice are rich in anti-oxidant properties, anti-oxidants are helpful in taking out the toxins present in our body, which keeps many diseases and health problems away.
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Bihar witnesses lowest COVID-19 testing rates
Bihar, the state, where more than 25 lakh migrant workers have returned from other states due to lockdown, is the most backward among the 19 states in the country in terms of COVID-19 infection test, even lower than the neighboring states of Jharkhand and Uttar Pradesh. According to the data shared by NITI Aayog CEO Amitabh Kant on its Twitter handle on July 4, Bihar is at the bottom of the 19 states in relation to testing.
- The data said that 2,197 tests per million were done in Bihar, while Delhi topped the chart as 32,863 tests per million, Andhra Pradesh 18,597 per million, Tamil Nadu 16,663 tests per million and Assam 13, 471 testing per million.
- Even small states like Jharkhand are testing more than Bihar with 4,416 per million and Telangana 2,637 per million.
- The neighboring state Uttar Pradesh is testing 3, 798 per million.
- Mr. Kant tweeted that “the high test per million now happening in Delhi is exemplary for other states.”
- Mr. Kant said that it is important, and states should be judged on the basis of tests.
- We can only succeed against Covid-19 with a 3T strategy of testing, tracing and treatment, this is the moment to act and act fast.
- The doctor-population ratio in Bihar is also the lowest in the country with one doctor (allopathic) for a population of 28,391 and one hospital bed per 8,645 people.
- However, the Bihar government claims to increase its testing capacity from about 2,352 tests per day to 7,000-8,000.
- Chief Minister Nitish Kumar had earlier asked health officials to test 15,000 samples per day.
- Bihar’s total testing capacity includes real-time polymerase chain reaction (RT-PCR), Truenat and cartridge-based nucleic acid amplification (CB-NAAT).
- There are nine laboratories in Bihar to conduct RT-PCR testing, including three in the private sector, and mobile units for conducting trunet tests in all districts.
- Of late, two testing laboratories at Patna Medical College and Hospital (PMCH) and Rajendra Memorial Research Institute (RMRI) were closed for three days after some health workers tested COVID-19 positive, resuming testing on Monday.
- Several doctors, health workers and officials of the state have also been found infected in the last two weeks.
- Experts believe that the rate of infection in Bihar is low because the test is low, when the test reaches 20,000 or more per day, then the real situation will emerge in the state.
- In Bihar, there have been 97 deaths due to infection so far, with 12,140 positive cases and 9,014 recoveries.
- A bulletin of the state Health Department states that a total of 2,64,109 samples have been tested.
- The recovery rate in the state till Monday has been 74.25%.
BBB Recommendations
The Banks Board Bureau (BBB) recommended names of Ashwini Bhatia, M V Rao and P P Sengupta for the post of managing director of three state-owned lenders — State Bank of India, Central Bank of India and Indian Overseas Bank, respectively.
Bhatia and Sengupta is currently serving as deputy managing director (DMD) at SBI, while Rao is executive director with Canara Bank.
Bhatia will be appointed in place of P K Gupta who superannuated on March 31, while Rao will replace Central Bank of India MD Pallav Mohapatra who will retire in February next year and Sengupta, will replace Indian Overseas Bank MD and CEO Karnam Sekar, who retires on June 30.
With this exercise, the government has completed the process of appointment of head of PSU banks for the current fiscal. The decision on the appointment will be taken by the Appointments Committee of the Cabinet headed by Prime Minister Narendra Modi.
What is Banks Board Bureau (BBB)
BBB, the headhunter for banks and public financial institutions, is headed by former secretary of personnel and training B P Sharma. The BBB functions as a step towards governance reforms in public sector banks (PSBs), as recommended by P.J. Nayak committee. It is housed at the RBI headquarters in Mumbai. The BBB was part of the Indradhanush government plan.
In 2016, the Prime Minister approved the Constitution of the BBB as a body of eminent professionals and officials responsible for making recommendations for the appointment of full-time directors, as well as non-executive presidents of public sector banks (PSB), also responsible for dialoguing with the board of directors of all PSOs to formulate appropriate strategies for their growth and development.
In addition, it was asked to frame the discussion of the consolidation strategy according to the requirements. The government wanted to encourage banks’ boards of directors to restructure their business strategy and also suggest ways to consolidate them and merge with other banks.
The concept of BBB originated from the recommendations of the Committee for the Examination of the Governance of the Bank Councils in India, May 2014. Subsequently, on February 28, 2016, the Indian government announced the constitution and composition of the Board. The Bureau started functioning from April 01, 2016 as an autonomous recommendatory body.
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Bar Council of India proposes to hold CLAT and declares
The Bar Council of India, in a supplementary affidavit filed before the Delhi High Court, proposed to conduct the Common Law Entrance Test (CLAT) 2024 in various regional languages.
The Bar Council of India said it had the “mechanism” to conduct the test for all National law colleges in “multiple languages”, as it had done in the past for the All India Bar Examination (AIBE). Currently, the CLAT exam is conducted in English by the Consortium of National Law Universities (NLU) on a rotating basis. The BCI said all National Law Universities (NLUs) were established by law, while the BCI, as a statutory body, has no role or oversight in the conduct of the CLAT.
“That the Bar Council of India proposes that it be authorized to constitute a body of experts through its Committee on Legal Education, to hold a CLAT in which the advice of the Committee on Legal Education involves certain honorable judges in service and former, prominent legal education educators. and eminent jurists,”
reads an affidavit by the Bar Council of India.
According to LiveLaw News, “The NLU Consortium had earlier told the High Court that while the AIBE can be easily translated and conducted in multiple languages, the CLAT exam involves many more translation issues. However, BCI supported the PIL and said that conducting CLAT in regional languages would give more citizens the opportunity to pursue a career in law.
The CLAT exam for the 2024 session will be held on December 3 according to the official schedule. The BCI’s response came after a public interest litigation, filed by Delhi University law student Sudhanshu Pathak, which argued that the CLAT (UG) exam “discriminates” and does not provide a “level playing field” for students whose academic training. They are anchored in regional languages.
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Balbir Singh Sr. Passed away
Three-time Olympic champion and one of the best hockey players in history, Balbir Singh Dosanjh died on Monday morning after a long illness. He was known as Balbir Singh Sr to everyone, the 95-year-old man was hospitalized on May 8 after complaining of a high fever and respiratory problems. He suffered three cardiac arrests, but has been stable since May 13. However, his condition worsened after a fresh blood clot was detected in his brain and pneumonia plaques in his lungs on May 18. Since then, he has been semi comatose and supported by fans. Balbir Singh had been ill for several years and required repeated hospitalizations.
A key member of the Indian team at the 1948-1956 Olympics, Balbir Singh was also a captain and one of the best central attackers of all time. He was also the manager of the only Indian team to win the World Cup in 1975, the first athlete to receive the Padma Shri (1957), and the only Indian and hockey player to be included in the CIO’s “Olympic icons”, i.e a small group of 16 great Olympic athletes of all time honored at the London Olympics. The state funeral for Balbir Singh Sr will take place in his hometown of Chandigarh at 5:30 p.m. Monday at the Sector 25 electrical crematorium. Hockey INDIA and the Indian Olympic Association have also expressed their grief.
“I will cherish the simplicity, humility and pride that he brought to bear in his own charming way. His ready wit and willingness to share his vast knowledge were stand out features. Indeed, Balbir Singh ji leaves behind a rich legacy that cuts across all sport and physical boundaries,”
IOA president Narinder Batra said.
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Bad Bank
The government is said to be considering a proposal from the banking lobby, the Association of Indian Banks (IBA), and the feasibility of the proposal is currently under consideration. Following the IBA’s proposal, the bad bank will have an ARC-AMC model and an alternative investment fund (AIF) will be set up to buy stressed assets from the banking system.
Logically, the government will initially invest in the proposed bad bank, while in due course, banks and outside investors will accumulate money. The creation of a bad bank backed by government and industry is promoted as a critical banking reform in Asia’s third economy. Indian banks had underperforming assets (NPA) of Rs 9 lakh crore at the end of December.
What is a bad bank?
A bad bank is essentially an entity that gathers all the bad assets in the banking sector, buys it at a reduced price from the banks, and tries to find buyers by implementing a recovery plan. The purpose of creating a bad bank is not much different from that of a typical asset reconstruction company (ARC).
The idea of a bad bank is not new, in 2018 the government announced a plan for PSO called “Project Sashakt”‘, which had a five-point plan to settle bad loans in public sector banks. The government then discussed a model, with the guiding principles of an Asset Management Firm (AMC) resolution approach, under which an independent AMC would be established to focus on asset recovery, job creation and protection.
The functions of this new company will be aligned with the Bankruptcy and Insolvency Code (IBC) process and IBC laws, the government then did not call it a bad bank and made it clear that it would not be involved in the bad asset resolution process and that the process would be led by the banks.
Along with this, a resolution approach based on an alternative investment fund (AIF) for loans over Rs 500 million under which an AIF would raise funds from institutional investors was also discussed. Banks will also have the option to participate if they want to participate on the rise. The idea could not be implemented for various reasons.
In 2018 the then interim Finance Minister Piyush Goyal last revived this idea, when he set up a committee under PNB Chairman Sunil Mehta to study the feasibility of national Asset Reconstruction Company, or in other words, a bad bank.
The 2017 Economic Survey examined this idea, suggesting the creation of a Public Sector Asset Rehabilitation Agency (PARA). Before that, the 2015 Asset Quality Review conducted by Reserve Bank under Governor Raghuram Rajan — which forced banks to recognise problem accounts as non-performing assets — had also sparked a debate on bad bank as a possible solution.
In short, the idea is not novel and has been suggested by various people at different points of time.
Understanding Bad Bank
No, it is not an evil or corrupt bank, nor any of these things, a bad bank is so simply named because it harbors bad debts or, in financial terms, unprofitable assets (NPA), the concept is simple.
Suppose that Bank X makes loans to various people and companies who have not been able to repay the bank and who have not paid EMI’s. Over time, these loans accumulate, interest continues to accumulate, and Bank X continues to provide more money for the bad exposure it had, as it realizes that it is likely that bank will never get that money back.
It could be argued that these bad debts, or NPAs, could simply continue on the books of Bank X and that would be it. In practice, however, these NPAs could actually harm the bank.
Investors, or any other counterpart, consider the large NPAs as a sign of the bank’s poor health or financial weakness. The higher the NPAs, the more Bank X is able to borrow, lend or do business in general.
To solve this problem, the bad bank model was first proposed in the 1980s by Mellon Bank. In the United States, he created a bad bank in 1988 to conserve toxic assets by holding his own capital and five of his own members of the board of directors of Grant Street National Bank.
Grant Street Bank did not accept deposits from the public as normal banks do, but simply served to settle or settle bad debts to recover as much money as possible, and finally settled a few years after reaching its goal.
Subsequently, Sweden, Finland, France, Germany, Indonesia and several other countries implemented the idea. In this case, Bank X could separate its assets into good assets (loans repaid on time and bad or toxic assets) that are in default and realize that it will not be easy to recover them.
These can be removed from the bank’s books and transferred to a bad bank, which would only serve to facilitate the recovery of these risky assets. As a result, Bank X will offset or deleverage its own balance sheet, reduce its exposure to risky assets, and therefore close.
Therefore, a bad bank should assist banks by absorbing all of their bad assets, generally at less than the book value of these loans, and managing them, with the goal of finally recovering the money over a period of time.
On paper, the idea is simple, but its implementation is more complicated, perhaps the reason why this idea has only been used by policy makers in India.
There are advantages and disadvantages to this idea. Supporters of the idea argued that in addition to cleaning bank balance sheets and making them financially healthy, separating good and bad assets allows the bank to focus on its core lending activity and leaves the resolution to the experts.
Other than that, a government-led initiative may provide an opportunity for investors to invest their money, domestic and foreign, more acceptable, if not attractive.
One of the main challenges of such a bad bank is also capital, which has been difficult to mobilize in the past. Opponents of the idea argue that a single approach to resolution through this bank may not be possible.
In his book “I do what I do”, former RBI Governor Raghuram Rajan, during whom the idea was hotly debated, said: “I just saw this (bad banking idea) as loans from mobile pocket from government (public sector banks) to another (bad bank) and they didn’t see how it would improve things.
he said “In fact, if the bad bank was in the public sector, reluctance to act would simply go to the bad bank. Otherwise, if the bad bank was in the private sector, the reluctance of public sector banks to sell loans to the bad bank with a haircut would always prevail significant. Again, this will not solve anything”.
At the time of Governor Urjit Patel, Lieutenant Governor Viral Acharya had talked about creating a PAMC (Private Asset Management Company) that would look like a private equity fund managed by a team of professional asset managers, and NAMC (National Asset Management Company) which would be a quasi-governmental organization, in particular to house toxic assets whose recovery can take much longer.
Although these ideas have not taken shape, the discourse continues and the Association of Indian Banks now also offers a similar two-level structured Bad Bank, which includes a fully-funded asset reconstruction company that would buy bad debts to banks and issue them security receipts.
The ARC model works according to the 15:85 structure notified by the RBI, according to which the bank receives 15% in cash and 85% security receipts, while the ARC has SR (security receipts) worth by 15 percent.
The second part of this two-level structure is the asset management company, which would be in charge of public and private organizations, including banks, restructuring professionals and would manage the assets etc.
IBA has also offered an alternative investment fund, or FIA, which will help create a market to trade these security titles on the secondary market. The bottom line is that even with a bad banking structure, the losses of the NPA do not disappear and must be shared between the investors, the taxpayers of these banks in general and those of the bad bank.
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