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India

Centre goes to the Supreme Court and asks for a public hearing on a request to review the Benami law verdict.

The Centre asked the Supreme Court on Tuesday for a public hearing on its request for a review of the ruling that struck down parts of the Benami Transactions (Prohibition) Amendment Act, 2016.

Solicitor General Tushar Mehta, who was representing the Centre, asked the bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha to hear the review plea in open court because of how important the issue is.

“This seems like an odd request. We want the review to happen in open court. Because of this decision, a lot of orders are being made, even though some of the Benami Act’s rules weren’t even being questioned. Like, the retrospectivity couldn’t have been looked at (by the SC bench),” the top lawyer said.

“We will consider it,” the CJI said.

On August 23, 2016, the highest court ruled against some parts of the Benami law.

One of the rules that were thrown out said that people who did “benami” transactions could get up to three years in prison, a fine, or both.

The highest court said that the rule was “unconstitutional” because it was “clearly arbitrary.”

It had also decided that the 2016 changes to the Benami law did not apply backwards. This means that the government cannot start or continue criminal prosecution or confiscation proceedings for transactions that happened before the law went into effect.

The top court also said that sections 3(2) and 5 of the Benami Transactions (Prohibition) Act, 1988 were not clear and were made up on the spot.

Nisha

Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

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