Key Judicial Developments of the Week In India.

1. Delhi Metro Shutdown: The Supreme Court on Sunday sought responses from authorities over allegations that its October 9 order concerning Delhi Metro and railway services was not complied with during protests in the capital. The petitions also raised concerns over alleged detentions, internet restrictions and disruption of public movement. Court recorded the government's assurances that services had been restored and asked the authorities to submit a compliance report.

Read more on SC order here and on contempt plea here

2. Women’s Safety in Delhi-NCR

The Supreme Court directed authorities to intensify police patrolling near educational institutions, strictly verify drivers operating buses, taxis and app-based cabs, and ensure effective monitoring of vehicle-tracking and SOS systems. It also called for action against unauthorised liquor shops and eateries serving liquor illegally.

Read more here

3. Body Cameras for Police During Protests

The Delhi High Court directed the Union Home Ministry to decide within six months whether to frame a standard operating procedure for the use of body-worn cameras by police and Rapid Action Force personnel during protests.

Read more here

4. Sharjeel Imam’s Interim Bail Cancelled in 2020 Delhi Riots Case

A Delhi court cancelled Sharjeel Imam’s seven-day interim bail in the 2020 Delhi riots conspiracy case after finding that he breached a condition prohibiting contact with media persons. The prosecution relied on footage showing Imam in the room while a journalist interviewed his brother.

Read more here and here

5. What a Citizen Should Wear

The Kerala High Court on October 5 held that a citizen’s choice of attire is a matter of personal freedom and dignity, and neither an individual nor society can dictate what a person should wear without legal backing. Court was hearing a school headmistress’s plea after she was allegedly denied entry for wearing a churidar instead of a saree.

Read more here

6. FCRA Application Rejection for Zen Meditation Centre

The Madras High Court upheld the rejection of a Foreign Contribution (Regulation) Act registration application filed by Kanzeon Public Charitable Trust, which operates a Zen meditation centre in Kodaikanal. Court held that the trust had failed to correctly disclose its nature as a religious organisation. 

Read more here

7. 27% OBC Quota Struck Down

The Madhya Pradesh High Court struck down the State's decision to increase OBC reservation in public employment and higher education from 14% to 27%, holding that the enhanced quota lacked sufficient justification. It found no exceptional circumstances warranting a departure from the 50% reservation ceiling.

Read more here

8. Interfaith Couple to Marry Without Public Notice under SMA

The Allahabad High Court permitted an interfaith couple to marry under the Special Marriage Act without publishing the intended marriage notice or inviting objections, citing their apprehension of threats to life and liberty. Court asked the Commissioner of Police to provide protection after assessing the threat perception to the couple.

Read more here

9. Anticipatory Bail Void Ab Initio If Granted Without Hearing Victim in POCSO Cases

The Allahabad High Court set aside an anticipatory bail order granted to two accused in a POCSO case, holding that the minor victim, her guardian or the informant had not been given an opportunity to be heard before bail was granted.

Read more here

10. Swatantra Bhardwaj Bail in Jantar Mantar Assault Case

A Delhi court granted regular bail to Swatantra Bhardwaj in a case concerning the alleged assault of the father of a minor protester during a demonstration at Jantar Mantar in July. He had earlier received three weeks of interim bail.

Read more here

11. CJP Leaders Released After Signing Bonds to Maintain Peace for One Year

Cockroach Janata Party leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das were released from preventive detention after being held ahead of a proposed protest at Jantar Mantar demanding Chief Election Commissioner Gyanesh Kumar's resignation. Their release was made subject to conditions requiring them to maintain peace and good behaviour for one year.

Read more here

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