law

The Supreme Court has declared as unconstitutional a provision in the new Company’s Act which bars a person charged with a criminal offence from becoming a Director of a proposed company about to be incorporated. In a decision on Wednesday, the apex court held that the first parts of Sections 13 (2) (h)(i) and (ii) of the Company Act , 2019 (Act 992) which dealt with a person being charged with a criminal offence were inconsistent with Article 19(2)(c) of the 1992 Constitution which protects the right of a person accused of a crime to be presumed innocent until proven guilty. In…