Supreme Court Weekly Round Up - News Updates [August 1-6, 2022]

Supreme Court Weekly Round Up - News Updates [August 1-6, 2022]
X
By -  Aishwarya Iyer |
8 Aug 2022 10:38 AM IST
  1. [Widening of Sahastradhara Road] Top Court has refused to stay the order of the Uttarakhand High Court allowing to cut down the eucalyptus trees to widen the Sahastradhara road in Dehradun for development and tourism. The petitioners have been asked to make their contentions before the High Court as it will not be appropriate for the Supreme Court to take over the matter while the High Court is still hearing it.
    Bench: Justices Chandrachud and Sudhanshu Dhulia
    Case Title: Ashish Kumar Garg vs. The State of Uttarakhand and Another
    Click here to read more
  2. [Vice President nomination] Top Court has dismissed a plea filed by Dr. Mandati Thirupati Reddy, a lawyer, seeking directions to the Election Commission of India to accept his nomination for the election of Vice President of India. Dr. Reddy had earlier moved the court challenging the rejection of his nomination for the Presidential election. Court told him that it is mandatory as per law to have the support of 20 MPs for his nomination to be complete. Justice Lalit further advised him that a court cannot pass a mandatory injunction against the MPs and other public servants to support his candidature.
    Bench: Justices UU Lalit and Ravindra Bhat
    Case Title: Dr. Mandati Thirupati Reddy vs. Election Commission of India
    Click here to read more
  3. [ED Director’s tenure] The Supreme Court listed a batch of petitions challenging the Central Government's order extending the tenure of Enforcement Directorate Director, Sanjay Kumar Mishra, on August 2nd due to the non-availability of counsel for the Central Government on August 1.
    Bench: CJI NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: Dr Jaya Thakur vs. Union of India & Ors
    Click here to read more
  4. [Spicejet Dispute] Supreme Court has refused to grant further time to Kalanithi Maran and SpiceJet to settle their share transfer dispute. Court asked the parties not to practice delay tactics.
    Bench: CJI NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: SpiceJet Ltd vs. Kalanithi Maran
    Click here to read more
  5. [Supertech Twin towers] The Top Court dismissed a plea seeking solutions other than the demolition of Supertech twin towers in Noida. The court, while dismissing the plea, imposed a cost of rupees five lakhs on the petitioner and directed it to be deposited in the registry of the court.
    Bench: Justices Chandrachud and Sudhanshu Dhulia
    Case Title: Centre for law and good governance vs. State of Uttar Pradesh
    Click here to read more
  6. [Plea in SC] A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking directions that Talaq-E-Hasan and all other forms of Unilateral Extra-Judicial Talaq be declared void and unconstitutional for being arbitrary and violative of Articles 14, 15, 21, and 25. The plea also seeks directions to the Centre to frame guidelines for “Gender Neutral Religion Neutral Uniform Grounds of Divorce & Uniform Procedure of Divorce for all citizens”.
    Case Title: Nazreen Nisha Qadir Shaikh vs. Union of India and Ors.
    Click here to read more
  7. [Maharashtra State Wakf Board Replaces AG Venugopal As Counsel] The Attorney General of India, KK Venugopal has addressed a letter to the Registrar of the Supreme Court expressing his displeasure over a letter he received from the Maharashtra Wakf Board, for which he appears, that read, “alternate arrangements have been made to go ahead with the matter” since AG circulated a letter of adjournment on account of his health. AG's letter states that Javed Sheikh, the special counsel appointed by the Wakf Board, who has been instructing him in the Wakf Board cases since 2011 has been removed from his post.
    Bench: CJI Ramana with Justices Krishna Murari and Hima Kohli
    Case Title: Maharashtra State Board Of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (& connected matters)
    Click here to read more
  8. [Hijab Ban] The Chief Justice of India (CJI) NV Ramana on Tuesday, August 2nd, said that a bench has to be constituted in order to list the appeals challenging the order of the Karnataka High Court holding that Hijab is not an essential religious practice. Senior Counsel Meenakshi Arora mentioned the matter and sought its listing. Replying to her, the CJI said that one of the judges of the court is unwell and a bench has to be constituted for hearing the matters.
    Bench: CJI Ramana with Justices Krishna Murari and Hima Kohli
    Case Title: X vs. State of Karnataka and Connect Matters
    Click here to read more
  9. [Challenge to Parole] Supreme Court has refused to entertain a plea by the Rajasthan Government challenging the order of the High Court which granted a 15-day Parole to a man, serving life sentence, for the purpose of impregnating his wife.
    Bench: Justices Sanjiv Khanna and Bela Trivedi
    Case Title: State of Rajasthan vs. Nand Lal
    Click here to read more
  10. [AgustaWestland Scam] The Enforcement Directorate has objected to the bail application filed by Christian Michel James, an accused in the AgustaWestland scam case, stating that James, not being a citizen of India, is a flight risk and his extradition has been obtained with extreme difficulties. ED, in its response to the bail application moved by James, submits that the offence committed in the case contains a complex web of transactions across jurisdictions and the investigation with respect to the same is ongoing and the presence of James is crucial at all stages.
    Case Title: CHRISTIAN MICHEL JAMES vs. CENTRAL BUREAU OF INVESTIGATION
    Click here to read more
  11. [ED Director’s tenure] The Supreme Court has issued notice on a batch of petitions challenging the Central Government's order extending the tenure of Enforcement Directorate Director, Sanjay Kumar Mishra. Court has listed the matter for hearing after 10 days.
    Bench: CJI Ramana with Justices Krishna Murari and Hima Kohli
    Case Title: Dr Jaya Thakur vs. Union of India & Ors
    Click here to read more
  12. [Kanimozhi Karunanidhi] Top Court refused to vacate the stay it had granted in 2020, on Madras High Court proceedings in a plea challenging the election of DMK leader Kanimozhi Karunanidhi from Thoothukudi constituency in Tamil Nadu. A bench headed by the then CJI SA Bobde had granted a stay on January 30, 2020. Kanimozhi’s election was challenged by a voter named A Sanathana Kumar, who alleged that she failed to mention her husband's Permanent Account Number (PAN) in her election affidavit disclosing family assets.
    Bench: CJI Ramana with Justices Krishna Murari and Hima Kohli
    Case Title: Kanimozhi Karunanidhi vs. Santhana Kumar
    Click here to read more
  13. [CBI probe against Palanisamy] Supreme Court has set aside the order of the Madras High Court directing a CBI investigation into tender irregularities in a department headed by Edappadi Palaniswami, the former Chief Minister of Tamil Nadu and leader of AIADMK. High Court had ordered a CBI investigation directing it to be completed within three months in a plea by R.S.Bharathi, a DMK MP alleging that Palaniswami misused his official position to allocate various road construction projects to companies owned by his relatives and others.
    Bench: CJI NV Ramana with Justices Murari and Kohli
    Case Title: Edappadi Palanisamy vs. R.S. Bharathi
    Click here to read more
  14. [IBC] Indian businessman Anil Ambani has moved the Supreme Court challenging Section 95, 96, 97, 99, 100 of Part III of the Insolvency and ' Bankruptcy Code, 2016 ("IBC") alleging that the same are not only manifestly arbitrary but are also unconstitutional, directly violating his fundamental rights under Articles 14, 19 and 21 of the Constitution of India.
    Case Title: Anil Ambani vs. Union of India
    Click here to read more
  15. [Freebies] Appearing for Union of India in the PIL filed by Ashwini Kumar Upadhyay pertaining to the issue of irrational distribution of freebies from public funds before elections, Solicitor General Tushar Mehta argued before the Top Court that freebies distort the informed decision-making of voters. SG further said that the offering of freebies by political parties may also lead to an economic disaster and insisted that the Election Commission of India should examine the issue of freebies being offered by political parties before elections.
    Bench: CJI NV Ramana with Justices Murari and Kohli
    Case Title: Ashwini Kumar Upadhyay vs. Union of India
    Click here to read more
  16. [AIFF elections] Top Court has directed the Committee of Administrators (CoA) to conduct All India Football Federation elections expeditiously as per the timeline suggested by CoA and in consonance with the Sports Code and the Football Federation's draft Constitution. Court has clarified that this will be an interim arrangement till the new constitution is implemented.
    Bench: Justice DY Chandrachud and Justice JB Pardiwala
    Case Title: All India Football Federation vs. Rahul Mehra & Ors
    Click here to read more
  17. [Maharashtra Political Crisis] Harish Salve, Sr. Adv, representing Eknath Shinde before the Supreme Court in a batch of matters pertaining to Maharashtra political crisis, argued that anti defection law is not a weapon for a leader who has lost the majority within the party to hang on to power, by locking up its members. Salve argued that there are serious factual controversies in the matter and asserted that Eknath Shinde is a dissenting member of the party and is still a part of Shiv Sena. He said, “There has to be democracy within the party. There are two groups within the party, it has happened in Congress in 1969.”
    Bench: CJI NV Ramana with Justices Murari and Kohli
    Case Title: Sunil Prabhu vs. Principal Secretary, Governor of Maharashtra and a batch of petitions
    Click here to read more
  18. [Standards of Legal profession] The Supreme Court has been informed by the Bar Council of India that it has decided to require people who passed the All India Bar Exam but have since been engaged in a non-judicial or legal activity to retake the test if they stay out of private practice for longer than five years. The affidavit has been filed in a plea filed by Advocate Durga Dutt over the issue concerning the standard of the legal profession and legal education.
    Case Title: Bar Council of India vs. Twinkle Rahul Mangaonkar
    Click here to read more
  19. [Custodial Death] Disgraced IPS officer Sanjiv Bhatt on Wednesday, August 3rd, withdrew his petition before the Supreme Court for suspension of his life sentence in a 1990 custodial death case. Senior Advocate Kapil Sibal, appearing for Bhatt, informed court that the Gujarat High Court is hearing his appeal against the conviction on a regular basis and he wishes to pursue his remedies there and withdraw the plea here.
    Bench: Justices MR Shah and BV Nagarathna
    Case Title: Sanjiv Bhatt vs. State of Gujarat
    Click here to read more
  20. [Maharashtra Political Crisis] Top Court orally asked the Election Commission of India not to precipitate the proceedings initiated by the Shinde camp seeking to be recognized as the real Shiv Sena. In its order, the Supreme Court has said that the Uddhav faction may move a request for adjournment before the Election Commission in view of the proceedings before the Supreme Court and the EC may consider it appropriate.
    Bench: CJI Ramana with Justices Murali and Kohli
    Case Title: Sunil Prabhu vs. Principal Secretary, Governor of Maharashtra and a batch of petitions
    Click here to read more
  21. [Hemant Soren] The Supreme Court differed from hearing 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: Justice UU Lalit, Justice Aniruddha Bose, and Justice Sudhanshu Dhulia
    Case Title: State of Jharkhand vs. Shiv Shankar Sharma and Ors.
    Click here to read more
  22. [Soldier Lodged in Pakistan Jail] The Supreme Court has asked the Central Government to apprise the 83-year-old mother of Captain Sanjit Singh Bhattacharjee seeking direction for her son's safe return. Bhattacharjee had gone missing while patrolling at the border near Rann of Kutch in the year 1997.
    Bench: Justice DY Chandrachud and Justice JB Pardiwala
    Case Title: Smt Kamla Bhattacharjee vs. Union of India & Ant.
    Click here to read more
  23. [Easy accessibility during court hearings] Justice DY Chandrachud while hearing a matter informed a counsel that he has requested the Registry to forward the same copy of scanned documents to the members of the bar that the judges receive from now onwards, so that the Advocates don't have to carry heavy files and both the Counsel and the Bench have the same file and they'll be on the same page.
    Click here to read more
  24. [Aarey Forest] Solicitor General Tushar Mehta informed the top court that the Mumbai Metro Rail Corporation Limited, earlier on October 7, 2019, had submitted an affidavit stating that no trees will be cut, and not even a single tree has been cut since then in Aarey Forest. Suo-moto cognizance was taken by the court on a letter written by a law student, Rishav Ranjan, seeking a stay on the cutting of trees for the Mumbai Metro Rail Corporation Limited's car shed located on 33 hectares land in Mumbai’s Aarey Colony.
    Bench: Justice UU Lalit, Justice Aniruddha Bose and Justice Sudhanshu Dhulia
    Case Title: IN RE FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)
    Click here to read more
  25. [Guidelines For Seizure & Examination Of Personal Digital Devices] While expressing its displeasure over Centre’s reply to a plea by certain academicians seeking formulation of guidelines for investigating agencies with respect to seizure, examination and preservation of personal digital and electronic devices and their contents, Supreme Court has asked the government to file a new and proper reply with references to international practices as well.
    Bench: Justices Sanjay Kishan Kaul and Sundresh
    Case Title: Ram Ramasamy vs. Union of India
    Click here to read more
  26. [Carrying Kirpan in flights] The Supreme Court dismissed a plea filed by Hindu Sena challenging an order dated March 4, 2022 whereby the Bureau of Civil Aviation allowed members of the Sikh community to carry ‘kirpan’ at their person not only at the airports but also to the flight cabin in domestic flights and asked the petitioner to approach the High Court instead.
    Bench: Justices S Abdul Nazeer and JK Maheshwari
    Case Title: Hindu Sena vs. Union of India and Ors.
    Click here to read more
  27. [Sukash Chandrashekhar] The Supreme Court on Friday directed Conman Sukesh Chandra Shekhar to be interrogated in Delhi for an FIR registered in Chennai. Shekhar is facing trial in a money laundering case. Sukesh had earlier sought shifting out of Tihar jail alleging a threat to his life.
    Bench: Justice UU Lalit, Justice Aniruddha Bose and Justice Sudhanshu Dhulia
    Click here to read more
  28. [Criminal backgrounds of election candidates] Supreme Court dismissed a plea seeking initiation of contempt proceedings against various political leaders, for allegedly not following court’s directions to prevent criminalisation of politics in the Uttar Pradesh Assembly polls that took place this year. The bench, while dismissing the plea, remarked that the Election Commission is the competent authority to raise such issues.
    Bench: Justices Gavai and Narasimha
    Case Title: Brajesh Singh vs. Akhilesh Yadav
    Click here to read more
  29. [ZEE News editor Rajnish Ahuja] Supreme Court has protected ZEE News editor Rajnish Ahuja from arrest in connection with FIRs registered against him pertaining to the misrepresented video of Congress leader Rahul Gandhi.
    Bench: Justices Chandrachud and Pardiwala
    Case Title: Rajnish Ahuja vs. Union of India
    Click here to read more
  30. [Reliance-Share acquisition investigation] Top Court today allowed a petition by Reliance Industries Limited (RIL) seeking direction to the Security Exchange Board of India (SEBI) to permit it to access certain documents that were relied upon by the regulator in a probe pertaining to the company acquiring its own shares between 1994-2000.
    Bench: CJI Ramana with Justices Krishna Murari and Hima Kohli
    Case Title: RIL vs. SEBI
    Click here to read more
  31. [PNDT Act] A PIL has been filed by Advocate Shobha Gupta in the Supreme Court seeking directions to the appropriate authorities for effective implementation of mandatory provisions of the Preconception and Pre-natal Diagnostic Techniques (Prevention of Sex Selection) Act, 1994 (PNDT) and the rules framed thereunder.
    Case Title: Shobha Gupta, Advocate, and Anr. vs. Union of India and Ors.
    Click here to read more
  32. [Contractual employees in consumer forums] The Supreme Court on Thursday asked for the Central Government's opinion on a plea by employees of Consumer Forums across India under third-party contracts seeking handling at par with similarly placed High Court and other forums employees. Court has also impleaded NCDRC as a party.
    Bench: Justice DY Chandrachud and Justice JB Pardiwala
    Case Title: Tage Yassingh and Ors. vs. Union of India and Ors.
    Click here to read more
  33. [Maharashtra Local Body elections] The Maharashtra Government has requested the Supreme Court to amend its order directing not to renotify elections for the local civic bodies in the state, so as to provide reservation in local bodies. Earlier, the Supreme Court had directed 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.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli
    Case Title: Rahul Ramesh Wagh vs. State of Maharashtra
    Click here to read more
  34. [Thanjavur Girl Suicide Case] The Supreme Court has deferred hearing in a plea challenging the Madras High Court order transferring the investigation into 17-year-old Thanjavur girl’s (Lavanya) alleged forceful conversion & suicide case to the Central Bureau of Investigation. Court has also directed the matter to be listed in the month of October for final hearing.
    Bench: Justice Sanjiv Khanna and Justice Bela M Trivedi
    Case Title: The Director General of Police and Ors. vs. Murugananthan & Anr.
    Click here to read more
  35. [Places of Worship Act] The Supreme Court on Friday, August 5, allowed mentioning of a plea challenging the provisions of the Places of Worship (Special Provisions) Act, 1991 and has directed the matter to not be deleted from the cause list of September 9.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Ors.
    Click here to read more
  36. [CJI appointment procedure challenge] Top Court has directed the Commissioner of Delhi Police to take necessary steps to ensure that the cost of Rs.10 lakhs is recovered from Mukesh Jain, as per the court order. Jain, along with Swami Om, a self-proclaimed godman, had filed a plea challenging the process of appointment of Chief Justice of India. Court had dismissed the plea in the year 2017 calling it a publicity stunt and had imposed a cost of Rs. 10 lakhs on each of the petitioners.
    Bench: Justices Chandrachud and Pardiwala
    Case Title: Swamy Om Ji vs. Union of India
    Click here to read more
  37. [Adoption process] The Supreme Court orally asked the Central Government to consider streamlining the adoption process in the country while hearing a plea seeking direction to make adoption procedures simple, and superfluous. Court further said, "Don't take the matter as adversarial. The adoption process is tedious."
    Bench: Justices Chandrachud and Pardiwala
    Case Title: THE TEMPLE OF HEALING vs. UNION OF INDIA
    Click here to read more
  38. [Disability pension] Supreme Court has asked the Central Government to carve out an exception and consider providing disability pension to a Kargil war veteran who was suspended on disciplinary grounds due to alcohol dependency. A division bench said, "One must look at the human side of justice as well. This person has served in the front, if we interfere with his pension now, it will affect his family.”
    Bench: Justices Chandrachud and Pardiwala
    Case Title: Union of India & Ors. vs. Naginder Singh
    Click here to read more
Next Story

Articles

read all