News: Former Minister and Shiromani Akali Dal (SAD) leader Bikram Singh Majithia was on Thursday sent to judicial custody till March 8 by a trial court in a case related to allowing illicit drug smuggling and harbouring offenders involved in the drug trade.
The words “custody” and “arrest” are not synonymous. It is true that in every arrest there is custody but vice versa is not true. Mere utterance of words or gesture or flickering of eyes does not amount to Actual seizure or touch of a person’s body with a view to arresting is necessary. Arrest, remand and bail are components related to investigation. They generally come into play as an aid to investigation.
Arrest directly curtails personal liberty of an It strikes at his freedom. Therefore, many a times unwarranted arrests have reached courts of law.
There have been occasions when unlawful detention has been considered as a violation of fundamental right and compensation thereof has been There are several provisions which incorporate safeguards for illegal arrest. If the method of arrest is not performed as prescribed by Sec. 46, the arrest would be nugatory.
POLICE CUSTODY: When following to the receipt of an information/complaint/report by police about a crime, an officer of police arrests the suspect involved in the crime reported, to prevent him from committing the offensive acts further, such officer brings that suspect to police station, it’s called Police Custody.
It is actually the custody of a suspect with the police in a jail at the police station, to detain the During this detention, the police officer in charge of the case, may interrogate the suspect and this detention is not supposed to be longer than 24 hours. The officer in charge of the case is required to produce the suspect before the appropriate judge within 24 hours, these 24 hours exclude the time of necessary journey from the police station to the court.
JUDICIAL CUSTODY: Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned In former, the accused is lodged in police station lockup while in latter, it is the jail. When Police takes a person into custody, the Cr.P.C kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest.
Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned In former, the accused is lodged in police station lockup while in latter, it is the jail.
2. BOEING P8 POSEIDON
News: Aircraft manufacturer Boeing has delivered the 12th P-8I long-range maritime patrol aircraft to the Indian Navy.
About Boeing P8 Poseidon:
The Boeing P-8 Poseidon (formerly Multimission Maritime Aircraft) is an American maritime patrol aircraft developed and produced by Boeing Defense, Space & Security, modified from the 737-800ERX.
It was developed for the United States Navy (USN).
The P-8 operates in the anti-submarine warfare (ASW), anti-surface warfare (ASUW), and shipping interdiction roles.
It is armed with torpedoes, Harpoon anti-ship missiles, and other weapons, can drop and monitor sonobuoys, and can operate in conjunction with other assets, including the Northrop Grumman MQ-4C Triton maritime surveillance unmanned aerial vehicle (UAV).
The P-8 is operated by the United States Navy, the Indian Navy (IN), the Royal Australian Air Force (RAAF), and the UK’s Royal Air Force (RAF). It has also been ordered by the Royal Norwegian Air Force (RNoAF), the Royal New Zealand Air Force (RNZAF), the Republic of Korea Navy (ROKN), and the German Navy.
3. TERRITORIAL INTEGRITY
News: Yesterday, Russia launched a full-scale invasion on Ukraine. The Russian actions have been widely condemned and raise several questions concerning violation of international law.
The principle of non-intervention is enshrined in article 2(4) of the UN Charter.
It requires states to refrain from using force or threat of using force against territorial integrity or political independence of any state.
The Russian attack on Ukraine is violative of this principle, and amounts to aggression under international law.
Russia has claimed it is acting in self-defence as Ukraine could acquire nuclear weapons with the help of its western allies. However, the International Court of Justice in the Legality of Threat of Nuclear Weapons case held that mere possession of nuclear weapons does not constitute a threat.
It prohibits any kind of forcible trespassing in the territory of another state, even if it is for temporary or limited operations such as an ‘in and out’ operation.
The UN General Assembly Resolution 3314 (1974) defines aggression as the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state.
Additionally, allowing one’s territory to be used by another state for aggression against a third state, also qualifies as an act of aggression. Accordingly, Belarus can also be held responsible for aggression as it has allowed its territory to be used by Russia for attacking Ukraine.
Aggression is also considered an international crime under customary international law and the Rome statute establishing the International Criminal Court.
The UN Charter under article 51 authorises a state to resort to individual or collective self-defence, until the Security Council take steps to ensure international peace and security.
In this case, it seems implausible for the UNSC to arrive at a decision as Russia is a permanent member and has veto power.
However, Ukraine has a right under international law to request assistance from other states in form of military assistance, supply of weapons etc.
About Caroline Test:
The Caroline test is a 19th-century formulation of customary international law, reaffirmed by the Nuremberg Tribunal after World War II, which said that the necessity for preemptive self-defense must be “instant, overwhelming, and leaving no choice of means, and no moment for deliberation.”
4. INDUS WATER TREATY
News: A delegation from India will visit Pakistan on February 28, to attend the 117th meeting of the Permanent Indus Commission, from March 1 to March 3
About the Indus Water Treaty:
Initially, the Inter-dominion accord of May, 1948 was adopted, under which India would supply water to Pakistan in exchange for an annual payment.
Since both India and Pakistan were dependent on water from the Indus river basin for their irrigation, equitable distribution and infrastructure was needed.
In 1951, the World Bank offered to mediate the water-sharing dispute. Finally in 1960, an agreement was reached between the two countries, leading to the signing of the IWT by former Prime Minister Jawaharlal Nehru and then President of Pakistan, Ayub Khan.
The treaty allocated the three western rivers— Indus, Chenab and Jhelum—to Pakistan for unrestricted use, barring certain non-consumptive, agricultural and domestic uses by India and the three Eastern rivers— Ravi, Beas and Sutlej — to India for unrestricted usage.
This means that 80% of the share of water or about 135 Million Acre Feet (MAF) went to Pakistan, leaving the rest 33 MAF or 20% of water for use by India.
Besides, India is also allowed a minimum storage level on the western rivers— it can store up to 3.75 MAF for conservation and flood storage purposes.
It also required both the countries to establish a Permanent Indus Commission constituted by permanent commissioners on both sides. The functions of the commission include serving as a forum for exchange of information on the rivers, for continued cooperation and as a first stop for resolution of conflicts.
While Pakistan has rights over the waters of Jhelum, Chenab and Indus, Annexure D of the treaty allows India to build ‘run of the river’ hydropower projects, meaning projects not requiring live storage of water. It also provides certain design specifications which India has to follow for such projects.
The treaty also allows Pakistan to raise objections over such projects being built by India, if it does not find them to be compliant with the specifications. India has to share information on the project design with Pakistan, which is required to respond with objections, if any, within three months.
The IWT also provides a three step dispute resolution mechanism, under which issues can first be resolved at the commission or inter-Government level. If that fails, either side can approach the World Bank to appoint a Neutral Expert (NE). And eventually, if either party is still not satisfied, matters can be referred to a Court of Arbitration.
The Indus river basin has six rivers — Indus, Jhelum, Chenab, Ravi, Beas and Sutlej; originating from Tibet and flowing through the Himalayan ranges to enter Pakistan, ending in the south of Karachi.
In the upcoming session, Pakistan is likely to bring up its objections to three Indian Hydropower projects in the Chenab basin in Jammu and Kashmir — the 1000 Megawatt (MW) Pakal Dul project, the 48 MW Lower Kalnai project and the 624 MW Kiru project, aside from other smaller Hydropower units of India in Ladakh. India has already said that all the projects are in full compliance with the Indus Waters treaty.