Supreme Court Weekly Round Up - News Updates [July 25-30, 2022]

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  1. [Advocates Chambers] Supreme Court has urged petitioners challenging allotment of chambers in the newly constructed Supreme Court building to place their grievance with regard to the issue of allotment before the committee looking into it. The court has adjourned the plea by 2 weeks. While passing the above order, Justice Chandrachud recollected that he worked out of a 120 Sq Ft chamber when he was the Additional Solicitor General of India.
    Bench: Justices Chandrachud and AS Bopanna
    Case Title: Case title: Amboj Kumar Sinha vs. Supreme Court of India
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  2. [Plea in SC] Supreme Court issued notice in a plea seeking to restrain the Tamil Nadu Government from carrying out any civil works, including constructions, renovation, restoration, conservation, repairs, etc. in temples and adjacent temple premises. “Temples and its structures are a party of the divinity and the heritage value ought to be protected," petitioner TR Ramesh told Supreme Court.
    Bench: Justices Abdul Nazeer and J. K. Maheshwari
    Case Title: TR Ramesh vs. State of Tamil Nadu & Anr.
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  3. [Challenge to Parole] The Supreme Court permitted a mentioning by a counsel challenging the order of Rajasthan High Court which granted a 15-day Parole to a man serving life sentence for purpose of impregnating his wife. The counsel, while mentioning the plea said, "The order has opened flood gates. Many convicts are applying for parole on the same ground."
    Bench: Chief Justice of India NV Ramana with Justices Murari and Kohli
    Case Title: State of Rajasthan vs. Nand Lal
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  4. [Adhyatmik Vishwa Vidyalaya] Supreme Court dismissed a plea challenging the formation of a committee to supervise the functioning of the Adhyatmik Vishwa Vidyalaya, which has been in the news for allegedly committing human rights violations against its 162 female inmates. While hearing the Ashram's plea, court told the Ashram's counsel that although it was a spiritual organisation, it had to follow the wordly law.
    Bench: Justices DY Chandrachud and AS Bopanna
    Case Title: Adhyatmik Vishwa Vidyalaya vs. UoI
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  5. [Aadhar-Voter ID linking] Supreme Court refused to entertain a plea filed by Congress leader Randeep Singh Surjewala challenging amendments to the Representation of People Act, 1950 which enables the linking of electoral roll data with the Aadhaar ecosystem purportedly to curb the menace of multiple enrolments of the same person in different places.
    Bench: Justices DY Chandrachud and AS Bopanna
    Case Title: Randeep Singh Surjewala vs. Union of India & Ors.
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  6. [Smoking Age] Top Court dismissed a plea seeking direction for removing designated smoking zones from commercial places and airports and increasing the age of smoking, banning the sale of cigarettes near educational institutions, healthcare institutions and places of worship. The bench, while dismissing the plea remarked, "If you want publicity, argue a good case...Don't file publicity interest litigation”.
    Bench: Justices Sanjay Kishan Kaul and Sudhansu Dhulia
    Case Title: Shubham Awasthi & Anr vs. Union of India & Ors.
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  7. [State Emblem atop Central Vista] Two Advocates, Aldanish Rein and Ramesh Kumar Mishra have moved Supreme Court against the State Emblem installed at the top of the Central Vista building, alleging that it violates the description and design of the ‘State emblem’ provided under the Schedule [u/S 2(b)] of the State Emblem of India (Prohibition of Improper Use) Act, 2005. Plea contends that the lions in the emblem appear to be "ferocious and aggressive" with their "mouth open and canine visible," which is in contrast with the State Emblem preserved in the Sarnath Museum, in which the lions appear to be "calm and composed."
    Case Title: Aldanish Rein & Another vs. Union of India
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  8. [AAP govt’s expenditure on Ads] The Supreme Court has allowed petitioner(s) to move Delhi High Court in a plea filed against the AAP government’s expenditure on self-promotion and advertisement instead of focusing on controlling pollution in Delhi. The plea had alleged that reports suggest that PM 2.5 air pollution has claimed approximately 45,000 lives in the Delhi NCR region since January 1, 2021, and during this period, the Delhi Government has been more focused on self-promotion evidenced by the fact that they have spent an amount of nearly Rs 293,20,00,000/- on their self-advertisement and publicity.
    Bench: Justice DY Chandrachud and Justice AS Bopanna
    Case Title: Dr Radhika Batra vs. Government of NCT of Delhi
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  9. [Birth Certificate Forgery case] The Supreme Court dismissed a plea filed by Samajwadi Party leader Azam Khan seeking direction to quash the charge sheet in his son Abdullah Azam Khan's birth certificate forgery case. It has been alleged by the prosecution that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah to participate in the 2017 elections and his AADHAAR card & PAN cards were also not issued before 2015.
    Bench: Justice Hemant Gupta and Justice Vikram Nath
    Case Title: Mohammad Azam Khan vs. State of Uttar Pradesh
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  10. [Political Parties' Freebie Distribution] Top Court has asked the Central Government to consider involving the Finance Commission in the issue pertaining to distribution of freebies by political parties in the vicinity of elections. Court has asked ASG KM Nataraj to consider as to how a debate can be initiated in this regard.
    Bench: Chief Justice of India Justice NV Ramana with Justices Krishna Murari and Hima Kohli
    Case Title: Ashwini Kumar Upadhyay vs. Union of India
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  11. [Delimitation] The Supreme Court has directed the Central Government & Election Commission, and the governments of Manipur, Assam, Nagaland, and Arunachal Pradesh to file their respective responses in a plea seeking direction to initiate delimitation proceedings in the four states.
    Bench: Justices KM Joseph and Hrishikesh Roy
    Case Title: Delimitation Demand Committee For The State Of Arunachal Pradesh Assam Manipur And Nagaland In North vs. Union Of India And Ors
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  12. [‘Every sinner has a future’ Judgment] The Supreme Court has dismissed a review petition filed against its judgment in which the death sentence awarded to one Mohd. Firoz, who had been convicted for raping and murdering a 4-year-old girl, was commuted to life. In the impugned judgment, Justice Bela Trivedi had quoted Oscar Wilde and said, “The only difference between the saint and the sinner is that every saint has a past and every sinner has a future”.
    Bench: Justices UU Lalit, S Ravindra Bhat and Bela M Trivedi
    Case Title: RAMKUMARI YADAV vs. STATE OF MADHYA PRADESH AND ANR.
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  13. [Hajj GST exemption] Top Court dismissed a plea seeking GST and Service Tax exemption on the Hajj services provided to Hajis of India in Saudi Arabia line booking of Air tickets, hotel accomodations, currency exchange, etc.
    Bench: Justices Khanwilkar, Abhay Oka and CT Ravikumar
    Case Title: All India Haj Umrah Tour Organizer Association Mumbai vs. Union of India & Ors.
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  14. [PMLA Challenge] Top Court has upheld the constitutional validity of various provisions of the Prevention of Money Laundering Act, 2002. The bench, has however held that the challenge to the passage of amendments to the act in 2019, as money bill be considered by a larger bench.
    Bench: Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar
    Case Title: Vijay Madanlal Chaudhary and Ors. vs. Union of India & Others
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  15. [Appointment of Chairperson and Members of Law Commission] The Supreme Court has agreed to consider an urgent listing of plea seeking direction to appoint the Chairperson and Members of the Law Commission of India within one month and make it a statutory body. The petition filed by Advocate Ashwini Upadhyay has submitted, "Injury to public is extremely large as the Law Commission of India is headless since august 2018 hence unable to examine public issues. Even the directions of the Constitutional Courts to Law Commission have become dead letter."
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Ors.
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  16. [Suspension of Judge] The Supreme Court on Wednesday, July 27, allowed an urgent mentioning in a plea challenging a "non-speaking suspension order" passed by the Patna High Court against a Special Judge, Protection of Child Sexual Offences (POCSO) Act, for allegedly deciding a POCSO case in a day. The matter is expected to be heard on July 29, 2022.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: Shashi Kant Rai vs. High Court of Judicature at Patna & Anr.
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  17. [UAPA] The State of Kerala has approached the Supreme Court challenging a Kerala High Court decision quashing charges invoked against Maoist Leader Roopesh under the Unlawful Activities (Prevention) Act, 1967 (UAPA). High Court had held that the sanction under UAPA, granted after six months from the date of receipt of the recommendation of the authority is not valid and that it is bereft of any application of mind.
    Case Title: State of Kerala & Ors. vs. Roopesh
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  18. [Hemant Soren] The Supreme Court agreed to hear the Jharkhand Government's plea challenging the Jharkhand High Court order which has held that the Public Interest Litigation filed against the Chief Minister of Jharkhand over the issue of money laundering is maintainable.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: State of Jharkhand vs. Shiv Shankar Sharma and Ors.
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  19. [Plea in SC] A petition has been filed in the Supreme Court seeking direction to establish/set up dedicated filing counters & virtual hearings set up in District & Sessions Courts of Western Uttar Pradesh for filing and hearing the cases through hybrid mode in Allahabad High Court. It is urged that till the decision for establishing the High Court Bench in Western Uttar Pradesh is taken by the Government, dedicated centers may be made in Western Uttar Pradesh.
    Case Title: Md Anas Chaudhary vs. Union of India & Ors.
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  20. [Sukash Chandrashekhar] Supreme Court on Tuesday, July 26, adjourned the hearing in a plea filed by alleged conman Sukesh Chandra Shekhar facing trial in a money laundering case, seeking shifting out of Tihar jail alleging a threat to his life. Court allowed adjournment in the matter after Senior Advocate R Basant appearing for Chandra Shekhar sought time to file a response on the documents earlier filed.
    Bench: Justice UU Lalit, Justice S Ravindra Bhat, and Justice Sudhanshu Dhulia
    Case Title: SUKASH CHANDRA SHEKHAR @ SUKESH vs. UNION OF INDIA
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  21. [AIFF] Supreme Court adjourned the hearing in the matter pertaining to the finalization of a new constitution for the All India Football Federation to Wednesday (August 3, 2022), owing to paucity of time. The bench has orally assured that on the next date of hearing, it will ensure that a democratically elected body will be put in place in time for the Under-17 Women's world cup that is to take place in October 2022.
    Bench: Justices Chandrachud and Surya Kant
    Case Title: All India Football Federation vs. Rahul Mehra & Ors
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  22. [BBPM elections] The Supreme Court on Thursday July 28, directed the State of Karnataka to publish reservation list within one week for the Bruhat Bengaluru Mahanagara Palike, Greater Bengaluru Municipal Corporation, and thereafter State Election Commission to conduct local body elections.
    Bench: Justice AM Khanwilkar and Justice JB Pardiwala
    Case Title: State of Karnataka vs. M.Shivaraju
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  23. [Aarey Forest] Supreme Court bench headed by Justice DY Chandrachud will hear the plea challenging the construction of a metro car shed at the Aarey forest area in Mumbai. The matter was mentioned by Senior Advocate Gopal Sankaranarayanan before the bench today. He submitted, that there is an urgency in the matter, as more trees in the forest could be cut during the ensuing weekend to make way for the construction.
    Bench: Justices Chandrachud and Surya Kant
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  24. [Maharashtra Local body elections] Supreme Court has observed that the Maharashtra State Election Commission (SEC) “cannot and shall not” renotify elections for the local civic bodies in the state, so as to provide reservation in local bodies. "In case of any breach of this direction and all concerned, the SEC will be personally responsible for action of having contempt", Court ordered after denying SEC request to re-notify elections.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka and Justice JB Pardiwala
    Case Title: Rahul Ramesh Wagh vs. State of Maharashtra
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  25. [Pay Hike for judicial officers] Supreme Court has directed that the enhanced pay scale as per pay commission recommendation for judicial officers from January 1, 2016, shall be implemented. Court has also directed the Central and state governments to pay arrears in three instalments. The schedule is 25% in 3 months, another 25% in the next 3 months, and the balance by June 30, 2023.
    Bench: Chief Justice of India Justice NV Ramana with Justices Murari and Kohli
    Case Title: All India Judges Association vs. Union of India
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  26. [Bar Council In J&K And Ladakh] The Top Court last week issued notice in a plea seeking directions to establish Jammu & Kashmir and Ladakh State Bar Council. An Advocate of Jammu & Kashmir and Ladakh has challenged the inaction of the Bar Council of India (BCI) and its failure in establishing a State Bar Council in the territory.
    Bench: Justice DY Chandrachud and Justice JB Pardiwala
    Case Title: Supriya Pandita vs. Union of India & Ors.
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  27. [Places Of Worship Act] Top Court has directed the petitioners, who have challenged the provisions of the Places of Worship Act 1991, to move intervention applications in pleas already pending before the court, challenging the same legislation.
    Bench: Justice DY Chandrachud and Justice JB Pardiwala
    Case Title: Batch of petitions
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  28. [Additional session of JEE] Supreme Court permitted 15 JEE aspirants, who allegedly faced technical glitches in the first session held last month, to appear for the additional session of JEE Mains scheduled on July 30, 2022. Noting that NTA has permitted 3 candidates to appear for the additional session, Court passed an order, directing NTA to permit all 15 petitioners to appear for the additional sessions and issue them admit cards in this regard.
    Bench: Justice DY Chandrachud and Justice JB Pardiwala
    Case Title: Gaurav Bhairava vs. National Testing Agency
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  29. [AIADMK] Top Court has directed the Madras High Court to reconsider and decide within 3 weeks a plea challenging an order of the High Court order refusing to put a stay on the general council meeting of All India Anna Dravida Munnetra Kazhagam (AIADMK) held on July 11, 2022. Originally, the High Court had rejected the prayer seeking a direction to stay the General Council Meeting of AIADMK.
    Bench: CJI Ramana with Justices Krishna Murari and Kohli
    Case Title: O. Paneerselvam vs. AIADMK
    Click here to read more

     
  30. [Nagaland Local Body elections] Supreme Court directed the Nagaland State Election Commission and the State to conduct the local body elections and declare the result by the end of January 2023. Court was hearing a plea by PUCL and Rosemay Dzuvichu, challenging a resolution passed by the Nagaland Assembly exempting operation of Part IX-A of the Indian Constitution which enforces 33% women reservation in the local bodies. Despite the resolution having been withdrawn in 2016, the reservation still remains unimplemented.
    Bench: Justices Sanjay Kishan Kaul and MM Sundaresh
    Case Title: PUCL vs. State of Nagaland
    Click here to read more

     
  31. [Judge decides POCSO case in 1 day] The Supreme Court on Friday, July 29, issued notice in a plea challenging a "non-speaking suspension order" passed by the Patna High Court against a Special Judge, Protection of Child Sexual Offences (POCSO) Act, for allegedly deciding a POCSO case in a day. Court has however remarked that while dealing with such matters, emotions have to be kept aside.
    Bench: Justice UU Lalit and Justice S Ravindra Bhat
    Case Title: Shashi Kant Rai vs. High Court of Judicature at Patna & Anr.
    Click here to read more

     
  32. [ZEE News Anchor Rohit Ranjan] The Supreme Court on Friday (July 29) agreed to hear a plea filed by ZEE News anchor Rohit Ranjan in connection with the FIRs registered against him pertaining to a misrepresented video of Congress leader Rahul Gandhi. According to the plea, multiple FIRs and complaints against Ranjan have been filed for telecasting a program namely “DNA” on Zee News on July 1, 2022. The contents of the program pertained to attacks by certain miscreants on the party office of a political party in Kerala.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli 
    Case Title: Rohit Ranjan vs. Union of India
    Click here to read more

     
  33. [Places of Worship (Special Provisions) Act, 1991] Supreme Court while dismissing a writ petition filed by a denomination of the Jain community, held that persons belonging to same religious denomination can’t invoke Supreme Court’s writ jurisdiction to enforce their rights under Places of Worship (Special Provisions) Act, 1991. The court further directed that a suit be instituted by them in a civil court as the dispute may require adducing evidence. "The parties in such cases should, therefore, file a civil suit and contest the matter before the trial court", the Court added.
    Bench: Justices Chandrachud and Pardiwala
    Case Title: Sharad Zaveri vs. Union of India
    Click here to read more

     
  34. [RTE Act] The Supreme Court last week dismissed a Public Interest Litigation (PIL) plea which challenged the Constitutional Validity of Sections 1(4) and 1(5) of the Right Of Children To Free And Compulsory Education Act, 2009 (RTE Act) and sought direction to bring minority educational institutions under the ambit of the Act.
    Bench: Justice Indira Banerjee and Justice V. Ramasubramanian
    Case Title: Javed Malik vs. UOI & Ors.
    Click here to read more

     
  35. [Lawyer's Summer Dress Code] Top Court refused to entertain a plea seeking directions to relax the dress code for lawyers during the summer time. The court asked the petitioner to file a representation to the Bar Council of India in this regard. The bench further told the petitioner that if the Bar Council of India does not act on his representation, he is at liberty to move the court. 
    Bench: Justices Indira Bannerjee and Ramasubramanian
    Case Title: Shailendra Tripathi vs. Bar Council of India
    Click here to read more

     
  36. [Waqf Act] The Supreme Court on Monday i.e., July 25, said that it will decide on whether every charitable trust which is set up by a person practicing Islam automatically becomes a Waqf Property. Court noted that several petitions raised this question as they have challenged the question of law from a 2011 Bombay High Court order which had set aside two circulars issued by the state of Maharashtra in 2002, vide which Waqf Board had been constituted under the Waqf Act, notifying properties to be designated as Waqf. 
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli 
    Case Title: Maharashtra State Board Of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (& connected matters)
    Click here to read more