Supreme Court Weekly Round Up - News Updates [August 15-20, 2022]

Supreme Court Weekly Round Up - News Updates [August 15-20, 2022]
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By -  Aishwarya Iyer |
22 Aug 2022 11:03 AM IST
  1. [Lulu Mall] Supreme Court dismissed a petition alleging that Thiruvananthapuram's Lulu Mall was built in violation of environmental rules and regulations. The bench, while dismissing the plea, observed that the mall had received all the permissions at various stages.
    Bench: CJI NV Ramana with Justices JK Maheshwari and Hima Kohli
    Case Title: MK Salim vs. State of Kerala
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  2. [Freebies] Another application of intervention has been filed by the General Secretary, M.P Mahila Congress, Dr. Jaya Thakur before the Supreme Court in the plea seeking de-registration of political parties promising ‘Irrational Freebies’ for voters from public funds. Thakur states that she has a strong faith in democracy, and according to our Constitutional Doctrine, ruling parties are duty bound to frame policies for the welfare and upliftment of the weaker sections, so they are rightly giving subsidies and cannot be called freebies.
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Anr.
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  3. [Unnao Rape case] The Supreme Court agreed to list a plea seeking transfer of a counter case filed against the Unnao rape survivor by the father of one of the accused men, facing trial in New Delhi for the gang rape of the minor petitioner. The plea has alleged that counter judicial proceedings have been initiated before the Unnao court by the accused with the intention of using it as a defence against the rape case.
    Bench: CJI NV Ramana with Justices JK Maheshwari and Hima Kohli
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  4. [AIFF] After FIFA announced its decision to suspend the All India Football Federation (AIFF) with immediate effect, the Central government mentioned the matter before the Top Court for urgent hearing. Solicitor General Tushar Mehta mentioned the matter stating that some development has taken place in the matter related to AIFF and requested the court to hear the matter on Wednesday.
    Bench: Justices Chandrachud and Pardiwala
    Case Title: All India Football Federation vs. Rahul Mehra & Ors
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  5. [Talaq-e-hasan] Supreme Court has observed that the practice of using Talaq-e-Hasan for divorce by Muslims, wherein a Muslim man can divorce his wife by saying the word "talaq" once a month, for three months, is not prima facie improper. Court has further observed that the case should not be used for furthering an agenda.
    Bench: Justices Sanjay Kishan Kaul and MM Sundaresh
    Case Title: Benazeer Heena vs. Union of India
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  6. [Hemant Soren] Supreme Court stayed the proceedings in the Public Interest Litigation filed against the Chief Minister of Jharkhand before the high court over the issue of money laundering. Court further reserved the order in the plea by the Jharkhand government challenging the order of the High Court wherein it held the PIL maintainable.
    Bench: Justices Lalit, Ravindra Bhat and Sudhanshu Dhulia
    Case Title: Shiv Shankar Sharma vs. State of Jharkhand
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  7. [Appointment of DGP Sikkim] The Supreme Court issued notice in a Public Interest Litigation plea seeking direction to quash order of the Sikkim Government giving charge of Director General of Police, Sikkim to IPS A Sudhakar Rao. The appointment has been alleged to be not in compliance with the Supreme Court's order as Rao was trapped by CBI on a complaint from two of his junior officers that he was asking for a bribe from a senior United India Insurance official.
    Bench: Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli
    Case Title: Gagan Rai vs. State of Sikkim & Ors
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  8. [Plea in SC] The Supreme Court on Wednesday. August 17, issued notice in a plea seeking direction to provide alternative modes of voting to Non-resident Indians who are unable to be physically present in the constituency owing to their employment, education, or otherwise.
    Bench: Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli
    Case Title: Kerala Pravasi Association & Anr. Vs. Union of India & Anr.
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  9. [Lottery] The Supreme Court has issued notice on a plea filed by the Nagaland Government challenging the order of the Kerala High Court wherein it upheld the constitutional validity of rules framed by the Kerala Government regulating the lotteries of other States.
    Bench: Justice KM Joseph and Hrishikesh Roy
    Case Title: State of Nagaland & Ors. vs. The State of Kerala & Ors.
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  10. [Violence Against Christians] The Central government has informed the Top Court that on a preliminary ascertainment of truthfulness of the assertions as alleged in the petition seeking directions to stop violence against Christians in the country, it has been found that the petitioner has resorted to falsehood and some selective self-serving documents. Court has been further told that while the petitioners have claimed to base the petition on information gathered through sources like press reports (the Wire, the Scroll, the Hindustan Times, Dainik Bhaskar, etc.), “independent” online databases and from findings of various non-profit organisations, but enquiries reveal that majority of the incidents alleged as Christian persecution in these reports were either false or wrongfully projected.
    Case Title: MOST REV. DR. PETER MACHADO AND ORS. vs. UNION OF INDIA AND ORS.
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  11. [State-run lotteries] The Supreme Court has agreed to hear a petition challenging the order banning Meghalaya and Sikkim State-run lotteries in other states. The plea has challenged court’s earlier decision and the validity of Section 5 of the Lotteries (Regulation) Act, 1998. It has been argued that the small, hilly northeastern states rely heavily on organizing lotteries to bring in money and the condition of these states has suffered a lot during the pandemic.
    Bench: Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli
    Case Title: The State of Meghalaya vs. Union of India & Ors.
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  12. [Teesta Setalvad] Teesta Setalvad, who was arrested in June for alleged fabrication of evidence and tutoring of witnesses in the 2002 Gujarat riots cases, has filed a bail plea before the Supreme Court. The plea was mentioned before a CJI led bench by Advocate Aparna Bhat, and the same has been directed to be listed on August 22 before a bench headed by Justice UU Lalit. Setalvad, a co-petitioner in the plea challenging the clean chit given to then Chief Minister Narendra Modi in the 2002 Gujarat riots case, was detained by Gujarat Anti-Terrorism Squad in Mumbai on June 25, 2022.
    Bench: Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli
    Case Title: Teesta Setalvad vs. State of Gujarat
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  13. [AIFF suspension] Solicitor General Tushar Mehta informed the Supreme Court last week that the Government of India has taken up the issue of FIFA suspending the All India Football Federation (AIFF) with immediate effect and has had two meeting with the FIFA administrators. With this, the SG requested Court to take up the matter on Monday, which the bench agreed to while requesting the government to take proactive steps to lift the suspension imposed on AIFF.
    Bench: Justices Chandrachud, Bopanna, and Pardiwala
    Case Title: All India Football Federation vs. Rahul Mehra & Ors
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  14. [Freebies] While arguing that there is no straight jacket formula which could be applied to decide what scheme could be considered as a freebie, the Dravida Munnetra Kazhagam (DMK) has filed an impleadment application before the Supreme Court in the plea seeking de-registration of political parties promising ‘Irrational Freebies’ for voters from public funds. Further arguing that the scope of a “freebie” is very wide, DMK submits that only a welfare scheme introduced by a State Government cannot be judged to be classified as a freebie.
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Anr.
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  15. [Spicejet dispute] Senior Advocate Mukul Rohatgi, appearing for SpiceJet, has informed the Supreme that SpiceJet and Kalanithi Maran are attempting a settlement in the case pertaining to the dispute over the share transfer.
    Bench: Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli
    Case Title: SpiceJet vs. Kalanithi Maran
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  16. [Bhima Koregaon] Supreme Court has asked the NIA court to decide on framing charges against Vernon Gonsalves, an accused in the Bhima-Koregaon case, in three months. The bench, which was hearing Gonsalves' bail plea, further directed the registry to list the matter after three months to take stock of the situation. He is lodged in Pune jail from August 28, 2018 in respect of offences punishable under UAPA.
    Bench: Justices UU Lalit and SR Bhat
    Case Title: Vernon Gonsalves vs. Union of India
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  17. [Victims Of Wrongful Prosecution] Top Court has disposed of a plea seeking direction to the Central Government to frame guidelines for compensation to victims of wrongful prosecution, while observing that the prayers in the petition were of such nature that would rather than framing guidelines require lawmaking.
    Bench: Justices UU Lalit and SR Bhat
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Ors.
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  18. [IOA] Top Court has ordered a status quo on Delhi High Court's order appointing a Committee of Administrators (CoA) to run the Indian Olympic Association (IOA). Court clarified that the CoA should not take over the administration of IOA. The Delhi High Court yesterday appointed a committee of administrators (CoA) to run the IOA in order to bring its constitution to comply with the National Sports Code since IOA's elections have been delayed.
    Bench: Chief Justice of India and Justice Ravikumar
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  19. [Ram Setu] The Supreme Court has agreed to consider listing the plea filed by Bhartiya Janta Party leader Subramanian Swamy seeking direction to declare Ram Setu as a National Heritage Monument. Swamy has contended that Ram Setu is a monument of national importance as per the constitution in Section 2 read with Section 16 in the Ancient Monuments Act of 1958.
    Bench: Justice DY Chandrachud
    Case Title: DR. SUBRAMANIAN SWAMY vs. THE STATE OF TAMIL NADU & ANR.
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  20. [Cattle-Trader's lynching case] Supreme Court recently requested the judges of the Jharkhand High Court to decide the appeal against the conviction in the Jharkhand cattle traders lynching case. Reportedly, one Mazlum Ansari, 32, and Imteyaz Khan, 13, were hanged from a tree after they were beaten up in March 2016.
    Bench: Justice BR Gavai and Justice PS Narasimha
    Case Title: MD. NIJAMUDDIN vs. THE STATE OF JHARKHAND & ORS.
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  21. [Jamnagar Zoo] Top Court dismissed a Public Interest Litigation challenging the establishment of a Zoo in Jamnagar, Gujarat by the Greens Zoological Rescue and Rehabilitation Centre Society (GZRRC) which is supported by Reliance Industries Limited. The plea alleged that the Central Zoo Authority granted permission to GZRRC, a private Zoo, to import several endangered, vulnerable and threatened animals from abroad and domestically. It was further stated that GZRRC is planning to have the largest number of species and animals in Zoo in order to attract visitors and profit from the same, which is not permitted.
    Bench: Justices Dinesh Maheshwari and Krishna Murari
    Case Title: Kanhaiya Kumar vs. Central Zoo Authority
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  22. [Endosulfan] Top Court has directed the District Legal Services Authority in Kerala to submit a report on healthcare facilities, including palliative care and physiotherapy, available for victims of endosulfan poisoning in Kasargod district. Court directed the DLSA to file a report that will cover Endosulfan affected areas of Kasaragod District in Kerala, including the District Hospitals, General Hospitals, Community Healthcare Centres and Primary Healthcare
    Bench: Justices Chandrachud and Bopanna
    Case Title: Baiju K.G. vs. Dr.V.P.Joy
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  23. [Shahnawaz Hussain] The Supreme Court has agreed to hear a plea by BJP Leader Syed Shahnawaz Hussain who moved the court against the Delhi High Court's decision ordering registration of an FIR against him in a 2018 rape case. On July 4, 2018, an Action Taken Report (ATR) was filed by the police concluding that the allegations raised by the complainant were not substantiated by the investigation. Hussain’s contention is that despite receiving the ATR, the Magistrate directed the registration of an FIR on July 7, 2018.
    Case Title: Syed Shahnawaz Hussain vs. The State & Anr.
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  24. [AIADMK Two leaves symbol] While dismissing a plea filed by one PA Joseph praying for a direction to the Election Commission of India to freeze the AIADMK’s “Two Leaves” symbol, the Supreme Court slammed the petitioner and queried his counsel as to how much cost they should impose for dismissing such a dubious plea. Court remarked,
    "How much cost do you want us to impose? They have imposed 25,000, we will impose another 25,000. You are a busy body. You have no work. Dismissed."
    Bench: CJI NV Ramana with Justices Ravikumar and Hima Kohli
    Case Title: Joseph vs. Election Commission of India
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  25. [Bhima Koregaon] While refusing to entertain a plea by Bhima-Koregaon accused Varavara Rao to travel to Hyderabad for his cataract surgery, Top Court has permitted him to move the NIA court for the same relief. The court further directed the NIA court to decide the matter in three weeks after filing. Court, while asking the NIA court to consider giving appropriate relaxation, clarified that the order shall not be taken to have reflected on the merits of the submission which shall be considered independently.
    Bench: Justices UU Lalit, SR Bhatt and Sudhanshu Dhulia
    Case Title: P. VARAVARA RAO vs. NATIONAL INVESTIGATION AGENCY AND ANR.
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