Read Time: 01 hours
[Article 370] The Solicitor General of India, Tushar Mehta argued before the Top Court that the abrogation of Article 370 in 2019 did not deprive people of the erstwhile state of Jammu and Kashmir (J&K) of any rights. In fact, the reading down of the provision turned out to be more beneficial for them. A Constitution bench is hearing the case where the petitioners have challenged the two Presidential Orders and the Jammu and Kashmir Reorganisation Act 2019. "But Solicitor," the bench said, "their case is that they have lost out. How would you justify that?" To this, SG pointed out that it was only after 2019, with better employment opportunities, booming tourism, investment in the state and better policing, that the people of J&K realised what exactly they have really lost. He said that a with the abrogation in 2019 by the centre, a historical blunder had been rectified.Bench: Constitution bench of CJI DY Chandrachud, Justices SK Kaul, Sanjib Khanna, BR Gavai and Surya Kant Case Title: IN Re: ARTICLE 370 OF THE CONSTITUTION Click here to read more
[Retirement Age] The Supreme Court has said nobody can claim a vested right to seek enhancement of retirement age and apply it retrospectively on the principle of legitimate expectation. Court said that said such a decision lies exclusively within the domain of the Executive. Observing thus, the apex court dismissed a plea filed by Dr Prakasan M P and others against the Kerala High Court's division bench order of August 6, 2010 concurring with a view of single judge bench of July 19, 2010. The HC had rejected the plea by appellants, members of the teaching faculty in Homeopathic Medical Colleges in Kerala for enhancing their age of retirement from 55 years to 60 yearsBench: Justices Hima Kohli and Rajesh Bindal Case Title: DR. PRAKASAN M.P. AND OTHERS vs. STATE OF KERALA AND ANOTHER Click here to read more
[Conversion Syndicate] The Supreme Court has allowed Maulana Kaleem Siddiqui to attend a funeral in Uttar Pradesh. He was barred from leaving Delhi NCR as one of the bail conditions imposed on him by Allahabad High Court in April 2023. The Maulana was arrested by the Uttar Pradesh Anti-Terror Squad in September 2021 for allegedly running an illegal mass religious conversion racket in Uttar Pradesh in collusion with Mohammad Umar Gautam and others. In Maulana’s plea which was moved urgently for relaxation of his bail order which barred him from leaving the National capital region, on August 22, the Supreme Court asked UP Government to apprise it of specific allegations against Siddiqui and had listed the case for September 5, 2023.Bench: Bench led by Justice Aniruddha Bose Click here to read more
[Article 370] The Supreme Court asked the Centre, a timeframe to restore statehood of Jammu and Kashmir. It has asked the Government to inform the court about the roadmap it it looking at to do so. The SG said that he will be able to make a positive statement on the issue on August 31, after meeting with the higher officials. "Is there a roadmap? You have to show us that. You have to make a statement before us to show how can you convert a state into a UT and how long will this continue. Restoration of democracy is important," the CJI said to the Solicitor General of India and Attorney General for India, Tushar Mehta and R Venkatramani. The bench was hearing Solicitor General Tushar Mehta who argued that the bifurcation was a measure which was to be reverted back in the original form, i.e. Jammu and Kashmir will be a state and Ladakh, will be back to being a Union Territory.Bench: CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant Case Title: In Re Article 370 of the Constitution Click here to read more
[GM Mustard] A division bench of the Supreme Court has ordered that it will hear the Centre's plea for environmental release of genetically modified (GM) mustard on September 26, 2023. ASG Aishwarya Bhati, appearing for the Central Government requested the bench to allow the government to release the mustard variant at ten sites initially and carry out research. This request was strongly opposed by Senior Advocate Sanjay Parikh who submitted that testing could be done in greenhouse conditions initially without release into environment. Citing, edible oil exports, ASG Bhati also tried to convince the bench and said, "The process is being conducted by experts. Not being discharged from this application will now put back our research. The stakes are huge in terms of food security".Bench: Justices BV Nagarathna and Ujjal Bhuyan Case Title: Gene Campaign & Anr vs. Union of India & Ors. Click here to read more
[2014 inflammatory speech case] Supreme Court allowed Delhi Chief Minister Arvind Kejriwal to file a rejoinder in his plea challenging the Allahabad High Court's order refusing to allow his application for discharged in the 2014 inflammatory speech case. "We have circulated a letter, it has not come on record for some reason. We seek to file a rejoinder", Counsel appearing for Kejriwal told the court. The bench accordingly has granted four weeks to Kejriwal to file his rejoinder. Notably, in February, a division bench of the Supreme Court had stayed the Allahabad High Court order dismissing the plea filed by Delhi Chief Minister Arvind Kejriwal assailing an order of Sultanpur Sessions Court that had rejected his revision application seeking discharge in the 2014 inflammatory speech case.Bench: Justices MM Sundresh and JB Pardiwala Case Title: Arvind Kejriwal vs. State of UP & Anr Click here to read more
[Conversion laws applicability on interfaith couple’s child] The Supreme Court has agreed to examine whether the illegal conversion laws which have been enacted by various states, pose any impact on the children of interfaith couples. The bench stayed the proceedings against a Catholic priest, who had baptised a child on request of his Christian mother, separated from her Hindu husband. The plea has been filed against a Gujarat High Court order, rejecting to quash an FIR registered under Sections 3 & 4 of the Gujarat Freedom of Religion Act, 2003 (the Act), concerning forcible conversion. A single bench of Justice Sandeep N Bhatt refused to grant relief to the Catholic priest, stating that the defense raised in case required that stand the test of trial.Bench: DY Chandrachud, Justices JB Pardiwala and Manoj Case Title: Charles vs. State of Gujarat Click here to read more
[Article 370] Centre has told the Supreme Court that the restoration of full statehood to Jammu and Kashmir will take some time, even though it is ready to hold elections anytime now over there. Appearing for the Centre, Solicitor General Tushar Mehta refrained from giving a specific timeframe on restoring full statehood for J&K and highlighted on steps being taken, including investments, employment and inflow of tourists. A five-judge constitution bench, took on record the statement but clarified that the challenge constitutional validity of dilution of Article 370 of the Constitution would be decided upon its own merits.Bench: Chief Justice of India D Y Chandrachud and comprising Justices S K Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant Case Title: In re Article 370 of the Constitution Click here to read more
[EWS Seats] As an interim measure, the Supreme Court has restrained the Assam government from diverting any further seats meant for Economically Weaker Section candidates to the NRI candidates in admission to MBBS and BDS courses in state medical colleges. A bench issued notice to the Assam government and the National Medical Commission (NMC) on a petition filed by Hadijjuman Laskar and others. The court sought their respective response in the matter within two weeks. The petitioners represented by Senior Advocate Indira Jaising and Advocate Fuzail Ahmad Ayyubi contended that the criterion adopted and the arbitrary rejig defeated the very purpose of providing affirmative action for the EWS category candidates by prioritising the NRI/NRI sponsored candidates.Bench: Justices S Ravindra Bhat and Aravind Kumar Case Title: Hadiujjaman Laskar and Another vs. State of Assam and Others Click here to read more
[Representation of Peoples Act 1951] The Supreme Court has said there is no requirement under the Representation of People Act to file a separate and independent affidavit by an election petitioner averring alleged corrupt practices by a returned candidate, if the plea itself is accompanied by a statement sworn on oath. "The position of law...is clear. The requirement to file an affidavit under the proviso to Section 83(1)(c) of the RP Act is not mandatory. It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit," a bench said.Bench: Chief Justice of India D Y Chandrachud and Justice P S Narasimha Case Title: Thangjam Arunkumar vs. Yumkhan Erobat Singh & Ors. Click here to read more
[Manipur Violence] Taking into consideration the issue of blockades in areas of violence-stricken Manipur, the bench has directed the Central and State government to ensure supply of food, medicines and other basic necessities. Court has further directed that essentials may be air dropped where blockades are preventing rations from reaching the people. These directions came to be issued by the top court after Senior Advocate Meenakshi Arora, appearing for the three judges' committee constituted by the court to deal with humanitarian aspects informed the bench about an outbreak of measles and chicken pox in some relief camps. At the outset, CJI questioned, "Why is the committee before us..you can reach out to the government directly..".Bench: CJI DY Chandrachud and Justice JB Pardiwala Case Title: Dinganglung Gangmei vs. Mutum Churamani Meetei & Ors. Click here to read more
[Article 370] Senior Advocate Rakesh Dwivedi argued before the Supreme Court against the petitions challenging scrapping of Article 370 of the Constitution and elaborated on the intention of the Constitution framers was to never allow the sovereignty of India to be compromised, so far as the Jammu and Kashmir constituent assembly was concerned. The senior lawyer further pointed out that while framing of the Constitution, the Jammu and Kashmir Constituent Assembly did not enjoy the freedom that Constituent Assembly of India had.Bench: CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant Case Title: In Re Article 370 of the Constitution Click here to read more
[Ex RJD MP Prabhunath Singh] A three-judge bench of the Supreme Court of India has awarded life imprisonment to former Rashtriya Janta Dal MP Prabhunath Singh, who was recently convicted for shooting down two persons who were allegedly voting against him in 1995. Notably, the Court has also directed Bihar government to compensate the victims of the said incident. An amount of INR 10 lakh each is to be paid to the families of both the deceased and 5 lakhs to the injured, by the Bihar Government and the accused separately.Bench: Justices SK Kaul, Abhay S Oka and Vikram Nath Case Title: Harendra Rai vs. State of Bihar and Ors. Click here to read moreALSO READ: Supreme Court Allows Murder Convict Ex RJD MP Prabhu Nath Singh To Appear Virtually On September 1
[Satyendra Jain Bail] Justice Prashant Kumar Mishra of the Supreme Court recused from hearing AAP Leader Satyendar Jain bail plea filed in a money laundering case registered against him by the Directorate of Enforcement (ED). While the judge recused, the bench also comprising Justice AS Bopanna has extended his medical bail till September 12, 2023. Last week, Supreme Court had extended the medical bail granted to Jain, till September 1, 2023, whilst recording the submission made by ASG SV Raju that medical advice given on Jain's present condition was insufficient for grant of bail.Bench: Justice Prashant Kumar Mishra led bench Case Title: Satyendar Kumar Jain vs. Directorate of Enforcement Click here to read more
[Cauvery Water Dispute] The Cauvery Water Management Authority (CWMA) has informed the Supreme Court that Karnataka has released water to Tamil Nadu as per its direction issued on August 10. It also said that Cauvery basin reservoirs in Karnataka has received 52% low inflow in the last 30 years. In an affidavit, the Cauvery Water Management Authority also stated as per the decisions taken in the 23rd meeting held on 29th August 2023, it has directed the member from Karnataka to ensure realization of flows at Biligundulu at the rate of 5000 cusec, starting from August 29 2023 (8.00 AM) for the next 15 days. It also presented a chart to show cumulative flow realised between August 12 and August 26, 2023 was 149898 cusec at Biligundulu.Case Title: State or Karnataka vs. State of Tamil Nadu and Ors. Click here to read more
[Suppression of Facts] The Supreme Court has said that a candidate, required to disclose pending criminal case in employment form, cannot be denied public employment for suppression of material facts, if the information sought is not specific and vague in nature. Accordingly, Court rejected the West Bengal government's contention against a Calcutta High Court order of December 16, 2010, which has discarded a report by the Director General of Police, Intelligence Branch stating that candidate for the post of police constable, Mitul Kumar Jana had suppressed fact about a pending criminal case against him.Bench: Justices J K Maheshwari and K V Vishwanathan Case Title: State of West Bengal & Ors. vs. Mitul Kumar Jana Click here to read more
[Election petition] The Supreme Court has said an election petition seeking the relief for re-counting of votes only, without making any plea to declare the election as void or the petitioner as returned candidate, would not be tenable in the eye of law. Court has further held election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which has to be strictly construed. Bench: Justices Bela M Trivedi and SVN Bhatti Case Title: DHARMIN BAI KASHYAP vs. BABLI SAHU & OTHERS Click here to read more
[NDPS Act] The Supreme Court has underscored the importance of a statutory right to insist upon presence of a magistrate or gazetted officer during the body search of a person accused of carrying a contraband substance under the Narcotic Drugs and Substances Act. Top Court has held that a conviction cannot be sustained in violation of statutory safeguards provided under Section 50 of the NDPS Act.Bench: Justices Abhay S Oka and Pankaj Mithal Case Title: Mina Pun vs. State of Uttar Pradesh Click here to read more
[Use of education department's land for construction of buildings] Supreme Court has held construction of a building in a playground on a village school, particularly on a plot of land meant for the education department and without administrative sanction, to be a matter of grave concern and illegal. "Gram Panchayat should represent the public interest and not occupy vacant places, parks, and grounds for its infrastructure projects. In a given case, if absolute necessity is made out for a change of user of any of the amenities/ open spaces, Gram Panchayat shall and should comply with the requirements of the law," a division bench has said. Bench: Justices Sanjiv Khanna and SVN Bhatti Case Title: THE SARPANCH, GRAM PANCHAYAT, LONGWALA vs. MANVEER SINGH AND OTHERS Click here to read more
[Chargesheet] The Supreme Court has declared that there is no provision in the Criminal Procedure Code mandating investigating agencies to provide the copy of chargesheets in court language. It also held that filing of the chargesheet in the language other than the court language was not illegal and that no accused can seek default bail on the ground that chargesheet, though filed within the time was in the language that he does not understand.Bench: Justices Abhay S Oka and Rajesh Bindal Case Title: Central Bureau of Investigation vs. Narottam Dhakkad Click here to read more
[Remission] The Supreme Court has asked the state remission boards not to entirely rely either on the presiding judge, or the police report prepared in dealing with premature release of life term convicts as it may result in their prolonged incarceration, defeating the very purpose of beneficial provision. The court's judgement came on a writ petition by Rajo, who was serving life term for 24 years, without remission or parole.Bench: Justices S Ravindra Bhat and Prashant Kumar Mishra Case Title: Raj @ Rajwa vs. State of Bihar and Ors Click here to read more
[Gautam Navlakha] While hearing an application moved by Bhima Koregaon violence accused Gautam Navlakha, seeking to changes his address for house arrest, the Supreme Court has expressed its concerns over its original order granting him house arrest in the first place. Court remarked that the order has not in fact did dealt with the merits of the overall case and proceedings against Navlakha.Bench: Justices MM Sundresh and JB Pardiwala Case Title: Gautam Navlakha vs. National Investigation Agency and Anr. Click here to read more
[Bihar Caste Census] The Centre has told the Supreme Court that central government is committed to take all affirmative actions for upliftment of SCs/STs/SEBCs and OBCs in accordance with the provisions of the Constitution and the applicable law. The Union government's response came in a batch of petitions challenging the Patna High Court's order which upheld the Bihar government's decision to conduct a contentious caste census in the State.Case Title: Ek Soch Ek Paryas vs. Union of India Click here to read more
[Settlement Deed] The Supreme Court has cancelled the bail of a murder accused, after noting the Gujarat High Court did so because there was a settlement deed between him and the son of the deceased. Court has noted another consideration by the High Court was the fact that there were no adverse antecedents against the accused, while the Additional Public Prosecutor also made a submission that the State was unable to bring on record any special circumstances against him.Bench: Justices Hima Kohli and Rajesh Bindal Click here to read more
[Central government rules] The Supreme Court has said that without any specific challenge, no rule or law made by the central government can be declared invalid or unconstitutional by the High Court. With this view, bench has set aside September 26, 2008 judgment of the Orissa High Court which declared provisions of the Ministry of Information Technology (in-situ Promotion under Flexible Complementing Scheme) Rules 1998, as invalid. "It is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made," the court said.Bench: Justices J K Maheshwari and K V Vishwanathan Case Title: Manjurani Routray & Ors vs. Union of India & Ors. Click here to read more
[Dowry case] The Supreme Court has quashed a dowry harassment case against a woman and her two sons, a judicial officer and an architect, after finding "glaring inconsistencies and discrepancies" in the complaint by the wife of her other son. "It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition," the bench said.Bench: Justices Aniruddha Bose, Sanjay Kumar and S V N Bhatti Case Title: Abhishek vs. State of Madhya Pradesh Click here to read more
[Hindu Succession Act] The Supreme Court has held that a child born from a void or voidable marriage which has been annulled will have rights to or in the property of the parents under a Joint Hindu family. "Once the share of the deceased in property that would have been allotted to him if a partition had taken place immediately before his death is ascertained, his heirs including the children who have been conferred with legitimacy under Section 16 of the HMA 1955, will be entitled to their share in the property which would have been allotted to the deceased upon the notional partition, if it had taken place;..", a CJI led bench has held.Bench: CJI DY Chandrachud with Justices JB Pardiwala and Manoj Misra Case Title: Revanasiddappa & Anr. vs. Mallikarjun & Ors. Click here to read more
Please Login or Register
