Supreme Court Weekly Round Up - Judgments [September 26- October 1, 2022]

[Section 125 CrPC] The Supreme Court on Wednesday, September 28, held that Section 125 of the Code of Criminal Procedure (CrPC) is a measure of social justice and is specially enacted to protect women and children. It also falls within the Constitutional sweep of Article 15(3), reinforced by Article 39 of the Constitution of India, court said. Court made this observation while granting maintenance of Rs. 10,000 per month to an aggrieved wife before it, over and above the maintenance allowance of Rs. 6,000 granted by the Family Court to her son.
Bench: Justices Dinesh Maheshwari and Bela M Trivedi
Case Title: ANJU GARG & ANR. vs. DEEPAK KUMAR GARG
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[Preventive Detention] The Supreme Court has held that an unreasonable delay between the date of the proposal and passing of the order of detention, unless satisfactorily explained, throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order. Court has added that it thus consequently renders the detention order bad and invalid because the “live and proximate link” between the grounds of detention and the purpose of detention is snapped in arresting the detenu.
Bench: CJI UU Lalit with Justices Ravindra Bhat and JB Pardiwala
Case Title: Sushanta Kumar Banik vs. State of Tripura & Ors.
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[Seizure of property] The Supreme Court dismissed an appeal by the All India Transporters Welfare Association alleging that the Police keep seized properties for a longer time, which causes great inconvenience, and is an act inconsistent with the mandates of Section 102 of the Code of Criminal Procedure, 1973. Court added that the Police has powers to apprehend or take into custody any vehicle or substance.
Bench: CJI UU Lalit with Justices Ravindra Bhat and JB Pardiwala
Case Title: All India Transporters Welfare Association and Anr vs Union of India
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[Marital Rape] The Supreme Court while noting that a woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband, has said that "we would be remiss in not recognizing that intimate partner violence is a reality and can take the form of rape. The misconception that strangers are exclusively or almost exclusively responsible for sex- and gender-based violence is a deeply regrettable one. Sex- and gender-based violence (in all its forms) within the context of the family has long formed a part of the lived experiences of scores of women."
Bench: Justices DY Chandrachud, AS Bopanna and JB Pardiwala
Case Title: X vs. The Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi and Anr.
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[MTP Act] The Supreme Court recently held that Registered Medical Practitioners (RMPs) must refrain from imposing extra-legal conditions on women seeking to terminate their pregnancy in accordance with the law. They need only ensure that the provisions of the Medical Termination of Pregnancy Act (MTP Act) (along with the accompanying rules and regulations) are complied with, Court observed.
Bench: Justices DY Chandrachud, AS Bopanna and JB Pardiwala
Case Title: X vs. The Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi and Anr.
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