Supreme Court Weekly Round Up - News Updates [August 22-27, 2022]

Supreme Court Weekly Round Up - News Updates [August 22-27, 2022]
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By -  Aishwarya Iyer |
29 Aug 2022 10:29 AM IST
  1. [Teesta Setalvad] Supreme Court issued notice to Gujarat Government in the plea by Teesta Setalvad who has been inter alia accused of forgery and criminal conspiracy pertaining to 2002 Gujarat riots. Setalvad has claimed that she has been targeted by the state as she raised critical issues before this Court challenging the administration.
    Bench: Justices UU Lalit, Ravindra Bhatt & Sudhanshu Dhulia
    Case Title: Teeta Setalvad vs. State of Gujarat
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  2. [Maharashtra Local Body Elections] The Supreme Court ordered the Maharashtra State Election Commission (SEC) and the Maharashtra Government to maintain the status quo with regard to the election of the local bodies in the state for five weeks. Last month, a miffed Supreme Court bench observed that the SEC “cannot and shall not” renotify elections for the local civic bodies in the state, so as to provide reservation in local bodies.
    Bench: CJI NV Ramana with Justices Abhay Oka and JB Pardiwala
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  3. [Ram Setu] Appearing in a petition seeking directions of the Supreme Court to the Centre to declare Ram Setu as a heritage monument, Dr.Subramanian Swamy asked the court to direct the center to file a counter taking a stand on the issue. Swamy raised the issue of declaration of Ram Sethu as a national monument in his PIL against the controversial Sethusamudram Ship Channel project. The PIL was initiated before the Madras High Court.
    Bench: Justices Chandrachud and Bopanna
    Case Title: Subramanian Swamy vs. Union of India
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  4. [PMLA judgment] The Supreme Court has agreed to hear a review petition filed challenging its judgment upholding the constitutional validity of the Prevention of Money Laundering Act (PMLA). After the plea was mentioned today before the Chief Justice of India led bench, Court agreed to list the matter.
    Bench: CJI Ramana led bench
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  5. [IOA] Top Court extended the status quo granted by the Supreme Court on Thursday, restraining a Committee of Administrators (CoA) to take over and run the Indian Olympic Association (IOA). The bench issued notice in the plea and directed that the matter be listed after four weeks upon completion of pleadings.
    Bench: Justices Abdul Nazeer and JK Maheshwari
    Case Title: Indian Olympic Association vs. Union Of India
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  6. [Shahnawaz Hussain] Supreme Court has stayed the order of the Delhi High Court directing registration of FIR against BJP leader Syed Shahnawaz Hussain in a 2018 rape case. The court also stayed further proceedings before the trial court in this regard. Upon the complainant's counsel alleging threat, Court granted her liberty to approach the local police station seeking protection.
    Bench: Justices Lalit, SR Bhat and Sudhanshu Dhulia
    Case Title: Syed Shahnawaz Hussain vs. The State & Anr.
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  7. [Indian Football Federation] Supreme Court acceded to the request of the Central government to dissolve the Committee of Administrators (CoA) which it had constituted in May, 2022 to manage the affairs of All India Football Federation (AIFF). The court has postponed the elections of the AIFF, which were to take place on August 28, by one week as well.
    Bench: Justices Chandrachud and Bopanna
    Case Title: All India Football Federation vs. Rahul Mehra & Ors
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  8. [Freebie] The Chief Justice of India Justice NV Ramana lashed out at Dravida Munnetra Kazhagam (DMK) while hearing the plea by Advocate Ashwini Kumar Upadhyay alleging that declaration of distribution of irrational freebies from public funds before elections unduly influences the voters.
    Bench: CJI Ramana
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Anr.
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  9. [Baba Ramdev] Supreme Court deprecated Baba Ram Dev for making negative remarks on allopathic medicines and doctors. CJI said, “We respect him for popularising Yoga, but he cannot criticise other systems of medicine.”
    Bench: CJI Ramana with Justices Hima Kohli and CT Ravi Kumar
    Case Title: Indian Medical Association vs. Union of India
    Click here to read more
  10. [Conman Sukesh Chandrashekar] The Supreme Court ordered the shifting of alleged Conman Sukesh Chandrashekar to Mandoli Jail from Tihar Jail. Court was hearing a plea filed by Chandrasekhar facing trial in a money laundering case that sought his shifting out of Tihar jail alleging a threat to his life.
    Bench: Justices S Ravindra Bhat and Sudhanshu Dhulia
    Case Title: SUKASH CHANDRA SHEKHAR @ SUKESH vs. UNION OF INDIA
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  11. [Maharashtra Political Crisis] Top Court referred the batch of petitions pertaining to the Maharashtra political crisis to a 5 judge constitution bench. The court asked the Election Commission not to pass any orders in the proceedings initiated by the Shinde camp seeking to be recognized as the real Shiv Sena, till Thursday, August 25, as the bench was likely to assemble then.
    Bench: CJI with Justices Hima Kohli and Krishna Murari
    Case Title: Sunil Prabhu vs. Principal Secretary, Governor of Maharashtra and a batch of petitions
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  12. [Benami Transaction (Prohibition) Amendment Act 2016] Supreme Court held Section 3(2) of the Benami Transactions (Prohibition) Act 1988 unconstitutional on the ground of being manifestly arbitrary. Court has also held that the Amendment Act of 2016 to the 1988 Act is prospective in nature and it cannot apply retrospectively. It was noted that the 2016 amendment cannot be held as merely procedural.
    Bench: CJI with Justices Hima Kohli and Krishna Murari
    Case Title: Union of India vs. Ganapati Dealcom
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  13. [Freebies] Solicitor General Tushar Mehta pointed out that there are some political parties that rely solely on freebies in order to get elected. He was responding to Chief Justice of India's suggestion that the central government may call for “an all party meeting” to deliberate on freebies issue. SG further said that there are political parties who claim freebies as a “fundamental right” and there are a few others which rely only freebies to come to power.
    Bench: CJI with Justices Hima Kohli and CT Ravikumar
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Anr.
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  14. [Aarey Forest] The Supreme Court has said that the Mumbai Metro Rail Corporation Limited (MMRCL) is bound by its own undertaking of October 7, 2019 whereby it submitted an affidavit stating that no tree will be cut, till the next date of hearing on August 30. Court was also informed that though MMRCL may not be felling trees, there is ancillary developmental work which is taking place in the Aarey forest area and that they must be restrained from continuing the same.
    Bench: Justices UU Lalit, Bhat and Pardiwala
    Case Title: IN RE FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)
    Click here to read more
  15. [Siddique Kappan] Siddique Kappan whose bail application in the Hathras Conspiracy case was rejected by the Allahabad High Court earlier this month, has moved the Supreme Court challenging the order. He was booked under the Unlawful Activities Prevention Act (UAPA). In Supreme Court today, advocate Haris Beeran mentioned the matter and sought its urgent listing.
    Bench: CJI led bench
    Case Title: Sidhique Kappan vs. State Of U.P.Thru.Prin.Secy.Home Lko
    Click here to read more
  16. [MTP Act] The Supreme Court has reserved its judgment in a plea challenging the provisions of the Medical Termination of Pregnancy Act that exclude unmarried women from abortion beyond 20 weeks. Earlier, the Supreme Court had allowed termination of the pregnancy subject to the medical opinion while keeping the aspect of including unmarried women within the ambit of Rule 3B of the Medical Termination of Pregnancy Rules 2003 (as amended on 21.10.2021) for termination of pregnancy, open.
    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.
    Click here to read more
  17. [Denial to prosecute Yogi Adityanath in 2007 alleged hate speech case] The Top Court reserved judgment in a case challenging the denial of sanction to prosecute Chief Minister Yogi Adityanath for a case of alleged hate speech. It is alleged that in 2007, Yogi Adityanath, then a BJP parliamentarian gave a speech which led to violence in parts of Gorakhpur. The police registered a case in 2008 and the same was investigated by the CID of the UP police in 2008. The CID completed investigation in 2015, and had sought sanction for prosecution. The government however refused to grant a sanction to prosecute, on the ground that the draft investigation report filed by the police’s CB-CID showed there was insufficient evidence to initiate a trial against Adityanath.
    Bench: CJI led bench
    Case Title: Parvez Parwaz vs. State of Uttar Pradesh
    Click here to read more
  18. [Bilkis Bano Rape Case] The Supreme Court issued notice on a limited aspect as to whether the remission granted to 11 convicts in the Bilkis Bano rape case was within the parameters of the law. The petition filed by the Communist Party of India leader Subhashini Ali and Member of Lok Sabha Mahua Moitra has challenged the release of 11 Convicted Rapists of Bilkis Bano who were released on the basis of a Remission Order.
    Bench: Chief Justice of India NV Ramana, Justice Ajay Rastogi, and Justice Vikram Nath
    Case Title: Subhashini Ali vs. The State of Gujarat & Anr.
    Click here to read more
  19. [Pegasus] The Supreme Court while referring to the report submitted by the Committee appointed by it noted that the committee found no definitive proof to suggest that Pegasus malware was installed in the 29 devices voluntarily handed over. CJI Ramana said that in 5 out of 29 phones, the report has suggested that malware (if any) found in the phones does not necessarily suggest presence of Pegasus malware as report lays down that it could also be due to “poor hygiene”.
    Bench: Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli
    Case Title: ML Sharma v. PM | N. Ram v. UOI | Editors Guild of India v. UOI
    Click here to read more
  20. [Teesta Setalvad] Supreme Court adjourned the hearing in the bail plea moved by Teesta Setalvad, who has been inter alia accused of forgery and criminal conspiracy pertaining to the 2002 Gujarat riots till Tuesday, i.e. August 30.
    Bench: Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia
    Case Title: Teeta Setalvad Vs State of Gujarat
    Click here to read more
  21. [PMLA judgment] The Supreme Court on Thursday issued notice in the review petition filed by Karti Chidambaram against Prevention of Money Laundering Act (PMLA) judgment on limited purview. Court has issued notice on the limited aspects, which includes, regarding the absence of a legal requirement to provide ECIR copy and reversal of whether the presumption of innocence required consideration.
    Bench: Chief Justice of India NV Ramana, Dinesh Maheshwari and Justice CT Ravikumar
    Case Title: KARTI P. CHIDAMBARAM vs. THE DIRECTORATE OF ENFORCEMENT
    Click here to read more
  22. [PM Security Breach] Supreme Court noted that the report of Top Court’s appointed committee inter alia found Punjab Police’s failure to discharge its duties during Prime Minister Narendra Modi's visit to Punjab in January 2022. Court said,
    "The Committee has defined recommendations that need to be enforced for Prime Ministers’ tour and travel."
    Bench: Chief Justice of India NV Ramana, Justice Surya Kant, and Justice Hima Kohli
    Case Title: Lawyer's Voice vs. State of Punjab and Ors.
    Click here to read more
  23. [Freebies] The Supreme Court has referred to a three-judge bench, the case concerning the issue of freebies during elections. Court has also stated today that freebies curb the possibility of creating a level playing field and there are indeed several questions which have been raised in the petition which require attention of this court.
    Bench: CJI ramana led bench
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Anr.
    Click here to read more
  24. [Yogi Adityanath] The Supreme Court has upheld the non-grant of sanction to prosecute then parliamentarian Yogi Adityanath by Uttar Pradesh Government for a "hate-speech" case, allegedly delivered by him in 2007 at Gorakhpur. It has been alleged that in 2007, Yogi Adityanath, then a BJP parliamentarian from Gorakhpur delivered a speech which led to violence in parts of Gorakhpur.
    Bench: CJI NV Ramana, Justices Hima Kohli & CT Ravikumar
    Case Title: Parvez Parwaz vs. State of Uttar Pradesh
    Click here to read more
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