News UpdatesWhen Can A Court Issue Non-Bailable Warrant Of Arrest, Process For Declaring A Person As Proclaimed Offender & Order of Attachment Under CrPC: Jharkhand HC Clarifies [Read Judgment] Akshita Saxena27 April 2020 5:43 AMShare This – xThe Jharkhand High Court has reiterated that non-bailable warrant of arrest and processes and order of attachment under the CrPC cannot be issued in a mechanical manner, and the court has to record its satisfaction with regard to the pre-requisites before passing such an order. “Non-recording of subjective satisfaction in the order will make the order bad and a non-speaking one….Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Jharkhand High Court has reiterated that non-bailable warrant of arrest and processes and order of attachment under the CrPC cannot be issued in a mechanical manner, and the court has to record its satisfaction with regard to the pre-requisites before passing such an order. “Non-recording of subjective satisfaction in the order will make the order bad and a non-speaking one. A non-speaking order involving a procedure, which attracts a penal offence (if the order is not complied with), cannot sustain in the eyes of law,” a bench of Justice Ananda Sen has held. The observation has been made in an application filed under Section 482 of CrPC for quashing the orders by which non-bailable warrant of arrest and process and order of attachment had been issued against the Petitioners, by the court of Chief Judicial Magistrate, Latehar. The Petitioners had contended that Court had issued non-bailable warrant of arrest in their names, without receipt of the service report of bailable warrant of arrest. Similarly, they submitted, without there being any service report of non-bailable warrant of arrest, process under Section 82 of CrPC had been issued for declaring the Petitioners as proclaimed offenders. Further, without any service of the process under Section 82 CrPC, attachment order in terms of Section 83 had been issued. Finding merit in the Petitioners’ arguments, the High Court quashed the impugned order for having been passed without due application of mind. Issuance of Non-bailable Warrant of Arrest In terms of Section 73 of CrPC, the court opined that a Magistrate has jurisdiction and power to issue warrant of arrest, which can be directed against any (i) escaped convict, (ii) proclaimed offender, or (iii) against any person who is an accused of a non-bailable offence and is evading arrest. A person against whom warrant of arrest can be issued, must fall in either of the aforesaid three categories. In the case in hand, the court observed, when warrant of arrest was issued the Petitioners were neither escaped convicts nor proclaimed offenders. The Petitioners had failed to appear before the Court and they could, at best, fall in the third category, i.e., “an accused of a non-bailable offence and is evading arrest”, the court noted. On this aspect, the court clarified that only being an accused of a non-bailable offence is not a ground to issue warrant of arrest. Emphasizing on the conjunction “and”, the court held that the accused must also be evading arrest. It observed, “Only being an accused of a non-bailable offence is not a ground to issue warrant of arrest, as per the provisions of Section 73 of the Code. The said accused, who is wanted in a case involving a non-bailable offence, must also be evading his arrest. The word ‘and’ used in Section 73(1) of the Code is a conjunctive clause. Thus, both the conditions should simultaneously exist to enable the Court to issue warrant of arrest. This position of law should have been considered by the Court while issuing a warrant of arrest. This means that a person not only should be an accused of an offence, non-bailable in nature, but also should be found evading his arrest. There is nothing in the impugned orders to suggest that the petitioners were evading arrest.” The court added that execution of non-bailable warrant amounts to “curtailment of liberty” and whenever liberty of a person is to be curtailed the same has to be done strictly in accordance with the law so provided for. In view thereof and in terms of the Supreme Court ruling in Raghuvansh Dewanchand Bhasin v. State of Maharashtra, (2012) 9 SCC 791, the High Court held, “In this case, it [liberty] is being curtailed by issuance of non-bailable warrant of arrest. Thus, the Court has to record his satisfaction that the conditions laid down in the law for issuing warrant of arrest has been fulfilled and the procedure has been complied with. This satisfaction of the Court should be reflected in the order itself, to be gathered from the record, then only warrant of arrest can be issued. The Court has to prima-facie be satisfied that the person accused of committing a nonbailable offence is also evading his arrest. There has to be material before the Court to reach at the aforesaid conclusion. Without recording such subjective satisfaction to the effect that the accused is also evading his arrest, which should be on the basis of the materials placed before the Court, warrant of arrest cannot be issued. This satisfaction can be derived from the police paper/ case diary. Mere absence of the accused cannot give rise to a presumption that he is evading arrest, which in turn cannot be the sole ground to issue warrant of arrest.” Issuance of Proclamation for Person Absconding Section 82 of CrPC prescribes the procedure for declaring a person as a “proclaimed offender” and prescribes that only after the Court is satisfied that the person is absconding, or is concealing, and it is not possible to arrest him, the Court should issue proclamation requiring the accused to appear on a specified date on specified time not less than 30 days from the date of publication of such proclamation. The High Court has held that Section 82 is a penal clause, making the accused susceptible to punishment under Section 174A of IPC. In this backdrop the court has held that the procedure enacted under Section 82 has to be followed “strictly”. “When violation of any procedure of law attracts a penal provision (herein declaration as proclaimed offender), the procedure, which seeks to declare him an offender, has to be strictly followed and cannot be relaxed,” it held. However in the case at hand, it was noted that there was no material which suggested that the Court had reasons to believe that the Petitioners had absconded or were concealing themselves so that warrant cannot be executed. Further, neither the place nor the date of appearance of the accused was mentioned in the ordersheet, recording of which is mandatory in terms of Section 82(1) of the Code. “These laches make the order issuing processes under Section 82 of the 13 Code, absolutely bad and unsustainable in the eyes of law,” the High Court held. Reliance was placed on Auto Cars v. Trimurti Cargo Movers Pvt. Ltd. & Ors., (2018) 15 SCC 166, whereby the top court had held that any non-compliance with the statutory requirements regarding mentioning of the specific “day, date, year and time” would amount to material infirmity rendering summons as well as their service bad in law. Under this provision, the court also clarified if a person is declared as proclaimed offender / absconder in terms of Section 82 of the Code, he is not entitled for relief of anticipatory bail. Thus in terms of the Supreme Court’s verdict in State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 SCC 171, the court held, “when the relief of anticipatory bail is curtailed, as a consequence of an order passed under Section 82 of the Code, declaring a person absconder, the said order cannot be passed in mechanical manner without recording satisfaction and reasons nor can the same be passed without following the procedure as laid down in the Code. In view of the aforesaid circumstances and the consequence one has to face, the Court has to be very cautious while issuing an order under Section 82 of the Code.” Issuance of Order of Attachment Section 83 of CrPC provides that the Court, which is issuing proclamation under Section 82 of the Code, “for the reasons to be recorded in writing”, may order for attachment of moveable or immovable properties. A statement of reasons is however exempted in case both the processes, i.e., proclamation under Section 82 of the Code and attachment order in terms of Section 83 of the Code are issued simultaneously. In the present case, the orders were issued “subsequently” and not simultaneously. Thus, the High Court held that “without recording a statement, as envisaged under Section 82(3) of the Code, attachment order under Section 83 of the Code cannot be issued.” The court elaborated, “It is, thus, the mandate of the law that the reasons for issuing attachment order has to be recorded in the order itself. Non recording of the reasons will make the order invalid and unsustainable. …The absence of the said statement will lead to a conclusion that there was nothing before the Court to suggest that the proclamation under Section 82 of the Code so issued, was properly served. Until and unless proclamation under Section 82 of the Code is properly served, attachment order under Section 83 of the Code cannot be issued.” Noting these glaring procedural violations, the court said, “I find that none of the provisions, as envisaged in Sections 73, 82 and 83 of the Code has been complied with by the Court below. Non-compliance of the mandatory provisions of law renders the impugned orders, by which order issuing nonbailable warrant of arrest, proclamation under Section 82 of the Code and attachment order, in terms of Section 83 of the Code have been passed in this case, are bad and, thus, are quashed and set aside.” The matter was accordingly remitted to the Court concerned to proceed afresh and pass fresh orders in accordance with law, after complying with the provisions as provided in the relevant Sections of Code. Case Details: Case Title: Md. Rustum Alam @ Rustam & Ors. v. State of Jharkhand Case No.: Cr. MP No. 2722/2019 Quorum: Justice Ananda Sen Appearance: Advocate Kumar Amit (for Petitioner); APP Sardhu Mahto (for State) Click Here To Download Judgment Read Judgment Next Story
In honor of Cinco De Mayo today, nugs.tv will stream the first show of Dead & Company’s inaugural Playing In The Sand, the band’s new destination event at Barceló Maya Resort in Riviera Maya, Mexico. The stream begins tonight at 8 p.m. (EST) and will feature a rebroadcast of Dead & Company’s show on February 15th, 2018. Notably, the show featured a heartfelt tribute to John Perry Barlow, the Grateful Dead lyricist and political activist who died earlier this year. You can read more about this first Playing In The Sand performance here before it’s replayed later today for free.You can head over to nugs.tv here at 8 p.m. (EST) tonight to catch the free Cinco De Mayo webcast of Dead & Company’s show on February 15th, 2018. You can also watch the webcast in the embedded video, and check out the show’s setlist, below. During nugs.tv’s announcement of the rebroadcast, the streaming service also noted that fans should “stay tuned in for more announcements about Summer Tour 2018 webcasts,” so keep an eye out as Dead & Company gears up to start their summer tour on May 30th at Manfield, Massachusetts’ Xfinity Center.Setlist: Dead & Company | Playing In The Sand | Barceló Maya Resort | Riviera Maya, Mexico | 2/15/2018 Set One: Playing In The Band, Me & My Uncle, He’s Gone > Cassidy, Brown-Eyed Women, Bertha > Good Lovin’ > La Bamba > Good LovinSet Two: Scarlet Begonias > Fire On The Mountain > Althea > Estimated Prophet > Eyes Of The World > Drums > Space > Jam > Looks Like Rain > I Need A Miracle > Casey JonesEncore: The Weight
4SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Wes Mallgren Wes Mallgren is Content Manager for cybersecurity training firm BrightWise. He has over a decade of experience directing animation for organizations like E*Trade, the NY Jets and Australian Gold … Web: https://www.bright-wise.com Details If the word “training” elicits a collective deep sigh among your employees, you’re not alone. But, all hope is not lost. There’s a reason most people dread traditional training activities. In fact, there’s at least four: 1. They Crave EntertainmentPeople live for stories. We love to binge on tales of heroes momentarily brought down by the bad guys and ultimately rising up to save the day. Your employees are people, people who very likely enjoy binging on heroic, dramatic and comedic tales. Traditional training assets (e.g. videos, articles, lectures, workshops) rarely tap into that desire to be entertained by a good tall tale, hence the resulting boredom. THE FIX: Modern training companies have developed a solution. It’s called enter-train-ment. Okay, I just made that up, but it’s a thing – a mashup of entertainment and training in a way that excites employees and makes them want to see what happens next. Look for providers that produce content that engages trainees in a narrative, features a continuity of characters and generally inspires employees to keep coming back for more. 2. They ‘Have To’ Do ItHave you ever noticed how something becomes instantly awful the minute someone makes you do it? Mowing the lawn can be sort of enjoyable… until you get a surprise call that the in-laws are coming in an hour. Reading that report on changing consumer behavior might be pretty interesting… until your boss asks you to present it to the board first thing in the morning. Sadly, employee training in highly regulated industries, like financial services, has fallen into the “have to” category. Increased examiner insistence on continual training has amped up compliance and cybersecurity mandates. No one loves a mandate. THE FIX: Gamify the mandate. Add incentives that make it rewarding to participate in your training effort, and track those incentives publicly. You can take the high-tech route with intranet dashboards or simply add stickers to a handmade poster board in the break room. It will also help to talk less about the compliance burden and more about the “what’s in it for me” of training. Help employees see clearly how the content will make their job easier or more enjoyable. 3. They Are AdultsAdult learners are very different from the students they once were. They are self-directed and want subject matter that is immediately relevant. Traditional training models put a lecturer at the front of the room who takes on the role of teacher, providing the lesson, the assignment and telling attendees what to do at every step of the interaction. And, traditional content often skips over the relevancy piece of the pie, keeping attendees from seeing the tangible benefit of their attention. THE FIX: Empower your employees to learn at their own pace with on-demand content that is actionable and totally relevant to their lives. In many cases, you can still track and measure the learning, just as you would with traditional lecture or workshop-style engagements. The BrightWise platform, for example, allows credit union employees to view 3 to 5-minute cybersecurity awareness videos whenever they want. At the end, they take a quiz to measure their learning. The results live inside the same platform, accessible by HR, compliance, infosec – whichever department depends on them for reporting. 4. They Are BusyYour employees have full schedules. Fitting even their regular duties into the work week often requires a Herculean effort of cramming, shoving, pivoting, briefing and rescheduling. Requiring them to add one more thing, particularly if they don’t see the value and do not enjoy it, adds to their load. THE FIX: Work to change perception of training from burden to break. Host training parties, create training competitions, and eat snacks or move your bodies as you do it. Go outside for a session, hit up the local coffee place, gamify their participation – anything you can think of to make employees view training as a respite from their day. Above all else, keep it brief. Full-day, or even half-day training sessions have their place, but try to do them as infrequently as possible. Instead, lean on self-guided, micro-learning training options as often as you can. Understanding the ‘why’ behind the annoyance and frustration training often inspires is a first step toward transforming it for the modern workforce. With a fresh approach and on-demand content that enter-trains, training can actually become a cultural asset, something that reminding your staff why they love to work at their credit union.
Fancy yourself as having a bit of football tekkers? Watch this and see if you can better the impressive footwork of Indi Cowie during her crossbar challenge.Hang on Cardiff fans, Indi’s not related to City’s industrious midfield type Don; though she is Scottish, Indi was born in America.And last year she was crowned Fifa Street World Street champion by Barcelona star Lionel Messi, earning her the title of the Keepy-Uppy Queen.The 17-year-old began practising her incredible talent aged just five and has played for Celtic’s girls team while also studying video and photography.But it’s clear her calling is on the football pitch. Watch and enjoy
Standard Chartered Bank Ghana Limited, has launched the Standard Chartered Trophy 2017 Tournament.The Standard Chartered Trophy is an international 5 aside football tournament hinged on the Bank’s Liverpool FC sponsorship and an opportunity for Standard Chartered to reinforce its partnership with Liverpool FC. Whilst it has been running in various Standard Chartered markets since 2013 and has grown very popular, this is the third time it is being held in Ghana and the tournament has proven to be one of the exciting engagement sessions with our clients and key stakeholders.16 teams representing selected clients and the media will compete on Saturday 25th February, 2017 at the Lizzy’s Sports Complex. The winning team from Ghana will compete with the winning teams from Nigeria and Cameroon in a West Africa Regional tournament on 11th March, 2017. Jason McAteer – Liverpool legend will join the Regional tournament in Ghana and provide tips to the finalists. Whiles in Ghana he will also host a soccer clinic for children and engage clients. The winner of the West African tournament wins the ultimate prize of participating in the SC Trophy Final in Anfield.This is a four-day all-expense paid trip to the UK. In addition, the team will receive a professional training session with LFC legends and coaches to help them prepare for the Final tournament. Speaking at the balloting session for this year’s tournamant, Kwabena Boateng, Head Commercial Banking said “ the Standard Chartered Trophy is hinged on the Bank’s sponsorship of Liverpool Football Club. The SC Trophy – Ghana local tournament has proven to be one of the exciting engagement sessions with our clients and key stakeholders”.He added that “we are excited once again to give our clients and stakeholders an out of this world experience – to play football on a premier league pitch.”. The Local tournament takes place on February 25, 2017 at the Lizzy’s Sports Complex at 8 am. For more information or interview opportunities, please contact: Asiedua Addae Head, Corporate Affairs, Brand & Marketing Tel: +233 302 669688 [email protected]