Supreme Court Weekly Round Up [May 1-6, 2023]

[Sedition Challenge] The Supreme Court was informed by the Attorney General R Venkataramani that the procedure of re-examining Section 124 A of the Indian Penal Code that contains Sedition law is at an advanced stage. "We note the submissions made by the learned AG on this and order that the matter be posted in second week of August, on a specified Tuesday", the bench said. Senior Advocate Arvind Datar told the court, at the beginning of the hearing that in light of Kedarnath judgment (5-judge decision), it had to be seen if matter should be referred to a 7-judge bench.
Bench: CJI DY Chandrachud & Justice PS Narasimha
Case Title: SG Vombatkere Vs. Union of India
Click here to read more

[Forceful conversions] The Dravida Munnetra Kazhagam (DMK) led government from the state of Tamil Nadu has told Supreme Court that there is nothing illegal about christian missionaries propagating their religious beliefs. While highlighting that parts of the petition filed by Advocate Ashwini Upadhyay seeking CBI probe into forceful religious conversions in the country are about the role of Christian Missionaries and their preaching methods in order to convert people to Christianity, the state has said this is something which cannot be seen as against the law. "Article 25 of the Constitution of India guarantees every citizen the right to propagate his religion. Therefore, the acts of missionaries spreading Christianity by itself cannot be seen as something against law," the government states.
Case Title: Ashwini Upadhyay Vs. Union of India
Click here to read more

[UP Intermediate Education Act] While dealing with a batch of appeals, the Supreme Court has recently ruled that vacancies on the teaching posts which existed prior to amendment of Regulation 17 of the Uttar Pradesh Intermediate Education Act, 1921, are to be governed by amended rules. The bench held, “In view of the clear enunciation of the law, we have no hesitation in rejecting the submission made by the learned counsels for the Respondents, that the vacancies that existed prior to the amendment of Regulation 17 of Chapter II, must be governed by unamended rules”.
Bench: CJI DY Chandrachud and Justice P.S Narasimba
Case Title: The State of Uttar Pradesh & Ors. v. Rachna Hills & Ors.
Click here to read more

[The Kerala Story Petition - Fresh] Jamiat Ulama-I-Hind has approached the Supreme Court seeking a direction to the Centre and others not to allow the screening or release of the movie entitled ‘The Kerala Story’ at theatres, OTT (Over The Top) platforms and other such avenues for it is demeaning the entire Muslim community and is likely to cause hatred and enmity between different sections of society in India. The film, produced by Sunshine Pictures Private Ltd and directed by Sudipto Sen, is slated for release on Friday, May 05, 2023 in Hindi, Malayalam, Tamil and Telugu across the country. The movie made on girls who fell victims of 'Love Jihad' and landed in Syria and Afghanistan has caused outrage among some sections of the society.
Case Title: Jamiat Ulama-i-hind Vs. Union of India & Ors.
Click here to read more
Read More: Supreme Court Refuses To Hear Plea Seeking To Stall Release Of Movie The Kerala Story [Advocate Nizam Pasha mentioned the plea before a Justice KM Joseph led bench alleging that the film promotes hate speech in a pending matter on hate speech – Qurban Ali Vs. UOI]

[Painless Death Penalty] Attorney General R Venkataramani informed the Supreme Court that the Central Government is deliberating forming a committee to look into the issue of painless procedure of death penalty other than hanging. "We are deciding on who should be made part of such a committee, looking at names. I will be able to give a clearer picture soon", AG Venkataramani told a CJI Chandrachud led bench.
Bench: CJI DY Chandrachud and Justice JB Pardiwala
Case Title: Rishi Malhotra vs. Union of India
Click here to read more

[Delhi Riots] The Supreme Court has dismissed a Special Leave Petition filed by the Delhi Police challenging the Delhi High Court order granting bail to Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal accused under the Unlawful Activities (Prevention) Act (UAPA) in the Delhi Riots case. When the case was taken up, an adjournment was sought on behalf of the State. Hearing this, the Justice SK Kaul said, "No no, you argue, every time an adjournment cannot be sought. Today you cannot say that SG is before Constitution Bench, because I am a part of the Constitution Bench." Justice Kaul then went on to deprecate the practice of dealing with merits of a case, in a bail hearing.
Bench: Justices SK Kaul and Ahsanuddin Amanullah
Case Title: State of NCT Delhi vs. Devangana Kalita and Ors.
Click here to read more

[Land Acquisition] The Supreme Court in its judgment dated May 1, 2023 held that one cannot take advantage of Section 24(2) of the 2013 Act which provides for lapse of acquisition proceedings for non-payment of compensation, where the ownership itself is not on record. The Court further took cognizance of the fact that the amount of compensation had already been deposited with the Reference Court, post-acquisition, since the rightful owner of the land was not on record.
Bench: Justice Abhay S. Oka and Justice Rajesh Bindal
Case Title: Case Title: Delhi Development Authority v. Anita Singh & Ors.
Click here to read more

[WFI Sexual Harassment Case] The Supreme Court on Wednesday allowed the petitioners' to submit additional documents before in a "sealed cover" in the Wrestlers' Federation of India (WFI) sexual harassment case which is ongoing before Supreme Court. On the last date as well, Senior Advocate Kapil Sibal had filed an affidavit in a sealed cover highlighting alleged security issues concerning victims. The bench allowed the counsel to submit the documents on Thursday, after he informed court that the same should not be in public domain. Solicitor General Tushar Mehta pointed out that the investigation was already underway by the police, and that the Investigating Officer should have a copy of the documents placed.
Bench: CJI DY Chandrachud, Justice PS Narasimha
Case Title: XYZ and Others vs. State NCT of Delhi and Others
Click here to read more

[The Kerala Story] The Supreme Court on Wednesday refused to entertain the plea by Jamiat Ulama-I-Hind seeking a direction to the Centre and others not to allow the screening or release of the movie ‘The Kerala Story’ at theatres, OTT (Over The Top) platforms and other such avenues for it is "demeaning the entire Muslim community and is likely to cause hatred and enmity between different sections of society in India". The bench stated that the Supreme Court is not the right forum for the prayer sought under Article 32, while disposing off the plea. The counsel appearing for Jamiat, Ms. Vrinda Grover told Court that a disclaimer should be added in the title of film to suggest that it is a work of fiction. However, Senior Lawyer Harish Salve appearing for the production house, Sunshine Pictures Pvt. Ltd did not agree to the proposition.
Bench: CJI DY Chandrachud, Justice PS Narasimha
Case Title: Jamiat Ulama I Hind Vs. UOI
Click here to read more

[YSCRP Vs. TDP] The Supreme Court on Wednesday held that the state can form a fact finding committee to probe into allegations or corruption of a previous government. The bench set aside an Andhra Pradesh High Court order staying a Special Investigation Team (SIT) probe into various cases of alleged financial irregularities under the former Chief Minister Chandrababu Naidu (Telugu Devoswom Party - TDP). The Supreme Court cleared the way for initiating probe into the alleged irregularities under the Chandrababu regime.
Bench: Justices MR Shah and MM Sundresh
Case Title: State of Andhra Pradesh & Anr vs Varla Ramaiah, Etc
Click here to read more

[Balwant Singh Rajoana] The Supreme Court has observed that the Central government may at a future date consider death-row convict Balwant Singh Rajoana's mercy petition. With this view, the court has dismissed Rajoana's plea to commute his death sentence. On March 2, 2023, Supreme Court had reserved orders in Rajoana's mercy petition. Rajoana has been held guilty in the former Punjab Chief Minister Beant Singh assassination case. Rajoana was convicted in 1995 and has been in jail awaiting his execution. Former Punjab CM Beant Singh and sixteen other people were killed in an explosion outside the Civil Secretariat in Chandigarh in 1995.
Bench: Justices BR Gavai, Vikram Nath, and Sanjay Karol
Case Title: Balwant Singh vs. Union of India and Ors.
Click here to read more

[IBC] The Supreme Court has declined to tinker with waterfall mechanism under the Insolvency and Bankruptcy Code 2016, saying any rearrangement in the hierarchy on disbursing payment on liquidation of a company may lead to several trips and disrupt the working of the equilibrium. The top court rejected a plea to strike down a provision of the Companies Act, 2013 which stated that workers' dues will not get preferential payment in case a company underwent for liquidation as per the Code. A bench of Justices M R Shah and Sanjiv Khanna dismissed a batch of petitions filed by Moser Baer Karamchari Union and others to quash Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 of the Constitution. In their writ petitions, the workers union, along with others, asked the court to keep statutory claims of the workmen’s dues out of the purview of waterfall mechanism under Section 53 of the IBC. They also sought other directions, including one enabling them to get their dues of 24 months released without any further delay.
Bench: Justices M R Shah and Sanjiv Khanna
Case Title: Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma vs Union of India and Ors.
Click here to read more

[ED Director tenure extension] In a batch of pleas challenging the extension of the tenure of the Enforcement Directorate Director and the applicability of the Central Vigilance Commission (Amendment) Act, 2021, Solicitor General Tushar Mehta informed the Supreme Court that sometimes continuity of a person at a post is paramount as its not about an individual, it is about the country. "It is nobody's case that nobody else is competent. The world never stops, the shows always goes on..They used to say that Indira is India and India is Indira.. it is about the juncture in the time, when that person is indispensable..", SG has further submitted.
Bench: Justices BR Gavai, Vikram Nath and Sanjay Karol.
Case Title: Mahua Moitra vs. Union of India and Ors.
Click here to read more

[Kailash Vijavargia] The Supreme Court has set aside the order directing a police investigation into an allegation of rape and criminal intimidation against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi. Additionally, the supreme court has also directed the magistrate to consider afresh an application seeking the registration of FIR against the accused. "We remit the matter to the magistrate again to examine and apply judicial mind and exercise discretion on whether to issue directions under S 156(3) or whether he can take cognisance & follow procedure..", the Court has ordered.
Bench: Justices MR Shah and Sanjiv Khanna
Case Title: Kailash Vijayvargia Vs. Rajlakshmi Chaudhuri & Ors.
Click here to read more

[Kanimozhi] The Supreme Court last week dismissed an election petition filed against DMK leader Kanimozhi Karunanidhi, who was elected as a Member of Parliament from Thoothukudi Lok Sabha constituency in 2019. Earlier, the High Court had decided to examine a petition filed by A. Santhana Kumar challenging Kanimohi's election. Accordingly. Kanimozhi had approached the Top Court in 2020, challenging the High Court's decision. The Supreme Court had then granted stay on the impugned decision.
Bench: Justices Ajay Rastogi and Bela M Trivedi
Case Title: Kanimozhi Karunanidhi vs. Santhana Kumar
Click here to read more

[IL&FS SFIO probe] The Supreme Court has on Wednesday, May 3, upheld the constitutional validity of Section 140(5) of the Companies Act 2013 which deals with removal and resignation of auditors, by declaring that the provision is not discriminatory, arbitrary or violative of Articles 14 (equality), 19(1)(g) of the Constitution (right to carry on profession). Supreme Court allowed SFIO probe against auditors of IL&FS Financial Services. The company had an aggregate debt burden of more than Rs 91,000 crores, occurred between June to September, 2018, which threatened to collapse the money markets of India, besides putting pressure to corporate bond yields and sparking a sell off in the stock market
Bench: Justices M R Shah and M M Sundresh
Case Title: Union of India and Another vs. Deloitte Haskins and Sells LLP & Anr
Click here to read more

[Bhima Koregaon Violence] The Supreme Court issued notice in the bail pleas filed by Jyoti Jagtap and Shoma Sen, accused in the Bhima Koregaon case. A division bench has also sought response from the National Investigation Agency (NIA) and the State of Maharashtra. In October last year, a Division Bench of Justice A.S Gadkari and Justice Milind Jadhav of the Bombay High Court, had rejected the bail plea of Jyoti Jagtap, who had filed an appeal against the Special Court’s (NIA Court) order, rejecting her bail application. The Special Court rejected her bail application in February, 2022.
Bench: Justices Aniruddha Bose and Sudhanshu Dhulia
Click here to read more

[Mohammad Shami] Hasin Jahan, wife of Indian Cricketer Mohammad Shami, has approached the Supreme Court assailing the judgment of the Calcutta High Court dismissing her plea for quashing the stay order passed by the Sessions Judge, South 24 Parganas in the case filed by her against Shami under Sections 498A and 354 of the Indian Penal Code. In the petition filed under Article 136, Court has been told that Shami has been having illicit extra-marital relations and was engaged in sexual activities with prostitutes, while being on tour, especially during his BCCI tours, in the hotel rooms provided by the BCCI even till the present day.
Click here to read more

[Manipur Violence] Amidst the tensions escalating in the State of Manipur, two Special Leave Petitions (SLPs) have been filed before the Supreme Court against the High Court's order directing the Centre and the State governments to include the Meetei/Meitei community of the State in the Scheduled Tribe list of the Indian Constitution as a "tribe" of Manipur. The plea filed by Manipur Tribal Forum has sought directions to the Centre and the State to evacuate the Manipuri Tribals who fled to CRPF Lamphel Camp (3500 people), CRPF Camp near the DC office (700 people approximately), Koirengei Camp (300 people) as well as small pockets of tribals held up in Imphal (both east and west) as well as the villages surrounding Imphal Valley and take them to their respective Hill District under central forces escort to their respective areas of residence in the hill districts.
Case Title: Manipur Tribal Forum v. Union of India
Click here to read more

[Reservation for converted dalits] In the plea seeking reservation benefits to converted Dalit Christians, an intervention application has been filed by a Christian woman stating that the issue has not only country-wide repercussions but also direct negative impact on the core religious beliefs of the Christian community. The benefits sought by the petitions have been termed to be an upfront assault on the very existence of Christian religion and nothing short of a sin. It if further the applicants case that ‘caste’ in the term Scheduled Castes is intrinsically intertwined with the varna system and extending it to religions like-Christianity, which are completely alien to the concept of varna-system, will be akin to meddling into the Affairs of Christianity.
Case Title: Centre for Public Interest Litigation Vs. UOI
Click here to read more

[SHUATS Mass Conversion case] The Uttar Pradesh police has informed Supreme Court that Vinod Bihari Lal and Rajendra Bihar Lal, Director, administration and Vice Chancellor respectively, of Sam Higginbottom University of Agriculture, Technology and Science (SHUATS) at Prayagraj are facing multiple cases, including of mass illegal conversion of marginalised sections of Hindu and Muslim society into Christianity by allurement and use of threats and coercion. "During the course of Investigation it has been found that the since 2005 around Rs 34,44,54,855.00 has been received in the FCRA account of SHUATS from various countries including USA, Afghanistan, Japan, Libya Iraq, Germany, Canada, Guyana, Uganda, Ethopia, Bahrain, Netherlands, Phillipines, Rwanda, Sri Lanka, United Kingdom, Australia, Nepal, Bhutan and Nigeria," it said.
Case Title: Vinod Bihari Lal Vs. The State of Uttar Pradesh & Anr.
Click here to read more

[Election Petition] The Supreme Court on Thursday opined that an Election petition is not an action at common law, nor in equity, but a special jurisdiction to be exercised in accordance with the statute creating it. "...a right to elect, though fundamental it is to democracy, is neither a fundamental right nor a common law right. It is purely a statutory right. Similarly, right to be elected and the right to dispute an election are also statutory rights. Since they are statutory creations, they are subject to statutory limitations", Court has observed. It has been further observed that the concept familiar to common law and equity must remain strangers to election law unless statutorily embodied.
Bench: Justices Ajay Rastogi and Bela M Trivedi
Case Title: KANIMOZHI KARUNANIDHI vs. A. SANTHANA KUMAR & ORS
Click here to read more