Supreme Court Weekly Round Up - News Updates [August 29- September 3, 2022]

Supreme Court Weekly Round Up - News Updates [August 29- September 3, 2022]
X
By -  Aishwarya Iyer |
5 Sept 2022 9:44 AM IST
  1. [Teesta Setalvad] The Gujarat Government last week told Supreme Court that there is no reason to give "special treatment" to Teesta Setalvad who has been inter alia accused of fabricating evidence in order to embroil "innocent persons" in false cases concerning Gujarat Riots of 2002. The Government has countered her submission that "bails must be heard expeditiously", pointing out that there are "many similarly placed citizens awaiting hearing have been in jail for longer" and that the Gujarat HC is already slated to hear her bail application on September 19.
    Case Title: Teesta A Setalvad vs. State of Gujarat
    Click here to read more
  2. [Sabrimala] In a plea challenging a High Court order stating that rituals and traditional practices that are performed during the pilgrim season through the traditional forest route need to be prohibited at the Sabrimala Temple owing to COVID-19, a division bench of the Supreme Court directed the Kshetra Aachaara Samrakshana Samiti to approach the Kerala High Court. Court has directed the Samiti to approach the High Court as it had imposed the restrictions in the first place.
    Bench: Justice Aniruddha Bose and Justice Vikram Nath
    Case Title: Kshetra Aachaara Samrakshana Samiti vs. The Travancore Devaswom Board and Anr
    Click here to read more
  3. [Jitender Tyagi-Dharam Sansad] The Supreme Court has ordered Jitendra Tyagi, earlier known as Wasim Rizvi to surrender on or before September 2, 2022. This is in light of the end of the 3 months of medical bail which was granted to him in a matter pertaining to an investigation into the alleged hate speech at Haridwar Dharam Sansad. On December 23, 2021, an FIR was lodged by Gulbahar Khan against Tyagi alleging that he made derogatory comments on Prophet Mohammed and Quran during the Dharam Sansad event.
    Bench: Justices Ajay Rastogi & BV Nagarathna
    Case Title: Jitender Narayan Tyagi vs. State of Uttarakhand & Anr.
    Click here to read more
  4. [Control over Hindu temples in TN] The Supreme Court on Monday, August 29th, issued notice in a plea filed by Bhartiya Janata Party leader Subramanian Swamy challenging a Tamil Nadu Government order giving control over nearly 40,000 Hindu Temples to the State. Swamy has also challenged MK Stalin government's law allowing appointment of non-brahmins as Archakas at the temple.
    Bench: Justice Hemant Gupta and Justice Sudhanshu Dhulia
    Case Title: Dr Subramanian Swamy vs. The State of Tamil Nadu & Anr.
    Click here to read more
  5. [Ganesh Chaturthi celebration at Idgah Maidan] The Supreme Court last week said that the issue concerning the celebration of Hindu Festivities of Ganesh Chaturthi at Bengaluru's Idgah Maidan will be considered and listed before an appropriate bench.
    "This is bound to create religious tensions,"     Senior Advocate Kabil Sibal said, while highlighting that the Idgah maidan has been used by Muslims for rituals for the past 6 decades or so.
    Bench: Chief Justice UU Lalit and Justice Ravindra Bhatt
    Click here to read more
  6. [Hijab Ban] The Supreme Court has decided to hear the challenge pertaining to the Karnataka High Court order in dismissing the plea challenging the alleged ban on wearing the Hijab at Pre-University colleges in Udupi district of Karnataka on Monday, i.e., September 5, 2022. Court has also warned the petitioners about forum shopping.
    "You asked for early hearing, we cannot allow forum shopping, you argue before us",     said a visibly angry Justice Gupta.
    Bench: Justices Hemant Gupta and Sudhanshu Dhulia
    Case Title: X vs. State of Karnataka
    Click here to read more
  7. [Rafale Deal] Supreme Court refused to hear the plea seeking an independent probe into the Rafale Deal of 2015 alleging that the Central Bureau of Investigation (CBI) has done a murky job and that an investigation is required to be conducted into that as well. When the bench refused to entertain the plea in which Prime Minister of India Narendra Modi had been made a party, the petitioner ML Sharma said that there will come a time when people will become helpless.
    Bench: Chief Justice of India UU Lalit & Justice Ravindra Bhatt
    Case Title: ML Sharma vs. Narendra Modi & Ors.
    Click here to read more
  8. [Babri Demolition] The Top Court closed all the contempt proceedings, that arose out of the demolition of the Babri mosque in 1992, against the state of Uttar Pradesh and others. In view of the 2019 Supreme Court's verdict on Ram Janmbhoomi-Babri Masjid land dispute case, the contempt cases cannot proceed, noted the top court.
    Bench: Justices Sanjay Kishan Kaul, Abhay S Oka and Vikram Nath
    Case Title: Mohd. Aslam vs. State of Uttar Pradesh
    Click here to read more
  9. [Ganesh Puja on Idgah Maidan] The Supreme Court on Tuesday, August 30th, said that Festivities of Ganesh Chaturthi at Bengaluru's Idgah Maidan will not be allowed as of now. “There is no dearth of space elsewhere, hold the Puja elsewhere,” the bench orally remarked while setting aside a Karnataka High Court order of last week, whereby a single judge order was modified to allow state government to consider applications seeking permissions to hold Ganesh Chaturthi celebrations on the land.
    Bench: Justices Indira Banerjee, Abhay S Oka & MM Sundaresh
    Case Title: Karnataka state board of Auqaf vs. state of Karnataka
    Click here to read more
  10. [1992 Mumbai Riots] The Supreme Court on Tuesday, August 30th, reserved judgment on a batch of petitions seeking implementation of Justice Srikrishna Committee's report over the 1992 Mumbai Riots. Court has also directed Maharashtra Government to file its response on the issue pertaining to compensation to 168 people who had allegedly gone missing during the 1992 Mumbai Riots.
    Bench: Justice Sanjay Kishan Kaul, Justice Abhay S Oka, and Justice Vikram Nath
    Case Title: Action Committee for the Implementation of Justice Srikrishna Report vs. Union of India | Other related matters
    Click here to read more
  11. [Prashant Bhushan Contempt case] The Supreme Court closed the contempt case filed against Advocate Prashant Bhushan for his remarks on judicial corruption in Tehelka magazine in 2009. Contempt proceedings against journalist Tarun Tejpal, who headed the magazine at that time, have also been terminated. In his interview with the magazine, Bhushan had said that several previous Chief Justices of India are corrupt.
    Bench: Justices Indira Banerjee, Surya Kant and MM Sundresh
    Click here to read more
  12. [2002 Gujarat Riots] A CJI UU Lalit led bench of the Supreme Court disposed of over ten pleas seeking a proper investigation in the 2002 Gujarat Riots, including a plea filed by the National Human Rights Commission. The bench also disposed of the pleas noting that they had become infructuous.
    Bench:
    CJI Lalit with Justices SR Bhat and JB Pardiwala
    Click here to read more
  13. [Reservations] Supreme Court has sought the Centre's response in a plea which challenged the "limited Scheduled Caste status" guaranteed solely to Hindus, Sikhs and Buddhists. The plea filed by Centre for Public Interest Litigation and National Council of Dalit Christians (NCDC) sought for the quota's to be made religion neutral so that Dalit Muslims and Christians can also benefit from the reservation.
    Bench: Justices DY Chandrachud, Hima Kohli & PS Narasimha
    Case Title: Centre for Public Interest Litigation vs. UOI | NCDC vs. UOI
    Click here to read more
  14. [Bigamy] Supreme Court issued noticed in a plea seeking declaration of bigamy and polygamy as unconstitutional in all religions. The plea has been filed by Vishnu Shankar Jain in December of 2020 which highlights the alleged inequality that exists in section 494 of the Indian Penal Code, in so far as the words 'in any case in which such marriage is void by reason of its taking place' are concerned and section 2 of Muslim Personal Law (Shariat) Application Act, 1937 in so far it recognizes the system of bigamy / polygamy prevalent in Muslim community.
    Click here to read more
  15. [Hindu Minority Status] The Central government has requested the Supreme Court to consider deferring the hearing in the plea filed by Advocate Ashwini Upadhyay seeking minority status for Hindus in states where their numbers have gone below other communities. Centre has sought more time for holding meetings with other State Governments/ Union Territories while stating that the State Governments/ Union Territories and stakeholders with whom the consultative meetings have already been held, should be enabled to finalise their considered views in the matter.
    Case Title: Ashwini Kumar Upadhyay vs. Union of India
    Click here to read more
  16. [Polygamy and Nikah halala] The Supreme Court has issued notices to the National Commission for Women, National Minority Commission, and National Human Rights Commission in a batch of petitions challenging the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, alleging that it is violative of Article 14, 15, 21 of the Constitution, insofar as it recognizes and validates the practice of polygamy and Nikah-Halala.
    Bench: Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh, and Sudhanshu Dhulia (Constitution Bench)
    Click here to read more
  17. [Violence against Christians] In a plea seeking directions from the Top Court to stop violence against Christians in the country, a division bench directed the Ministry of Home Affairs to obtain verification report from a few states on the steps that have been taken in the cases of violence. Justice Chandrachud also clarified that at the present stage, the Court will not form any opinion on the veracity of the allegations made in the petition.
    Bench: Justices DY Chandrachud and Hima Kohli
    Case Title: MOST REV. DR. PETER MACHADO AND ORS. vs. UNION OF INDIA AND ORS.
    Click here to read more
  18. [Uniform Endowment Code] The Supreme Court has agreed to hear on September 19, the plea(s) which have challenged certain provisions of The Hindu Endowments Acts' across India on the ground that they pervade right to equality as all other religions have no such regulation. The bench has sought credible data and evidence to proceed with the lis.
    Bench: CJI UU Lalit & Justice Ravindra Bhat
    Case Title: Ashwini Kumar Upadhyay vs. UOI & Ors.
    Click here to read more
  19. [Sonali Phogat Murder case] Advocate Vineet Jindal has written to the Chief Justice of India seeking CBI investigation into the recent alleged murder of BJP Leader Sonali Phogat in Goa, who died on August 23 under mysterious circumstances following which two men, including her personal assistant, who had accompanied her to the coastal State were arrested on the charge of murder by the state police. Jindal stated that the investigation of the present killing should not be limited with Goa Police only as this could be a larger conspiracy and needs to be investigated in other states, which need to be done by some agency that can investigate this matter without any obstruction or legal complications.
    Click here to read more
  20. [Mamata Banerjee Election petition] On Friday, September 2nd, BJP leader Suvendu Adhikari withdrew his petition filed before the Supreme Court seeking transfer of Mamata Banerjee's petition challenging his election from Nandigram to be transferred to any other high court other than the Calcutta High Court, after Court said, "Let the High Court having jurisdiction over the issue try the matter".
    Bench: Justice DY Chandrachud and Justice Hima Kohli
    Case Title: Suvendu Adhikari vs. Mamata Banerjee
    Click here to read more
  21. [Teesta Setalvad] Supreme Court granted interim bail to Teesta Setalvad stating that since she is a woman and has been in custody since June 26, 2022 and in light of the documents which were presented and those which are alleged against her in light of the FIR, pertain to year 2002 and going by assertions, at best, the concerned documents were sought to be presented till 2012.
    Bench: CJI UU Lalit, Justices Ravindra Bhatt & Sudhanshu S Dhulia
    Case Title: Teesta A Setalvad vs. State of Gujarat
    Click here to read more
  22. [Kashmiri Hindus’ Genocide] In a plea seeking directions to the Union of India to rehabilitate/ resettle the Kashmiri Hindus and Sikhs who migrated from Kashmir after the exodus in the year 1990 and to identify the perpetrators who were involved, and who aided and abated the genocide of Hindus and Sikhs in Jammu & Kashmir, the Supreme Court asked the petitioners to approach the Union of India first.
    Bench: Justices BR Gavai and CT Ravikumar
    Case Title: We the Citizens vs. Union of India and Anr
    Click here to read more
  23. [Controversial Book "Muhammad"] The Supreme Court refused to entertain a public interest litigation filed by the Indian Muslim Shia Isna Ashari Jamaat seeking arrest of Jitendra Tyagi, earlier known as Wasim Rizvi and Yati Narsinghanand. Court has stated that the prayer of banning the book authored by Tyagi titled "Muhammad" as well as arrest of persons while surpassing the entire process of undergoing trial, cannot be entertained under Article 32.
    Bench: CJI UU Lalit, Justices Ravindra Bhatt & Sudhanshu S Dhulia
    Case Title: Indian Muslim Shia Isna Ashari Jamaat vs. Union of India and ors
    Click here to read more
  24. [Challenge to Preamble] Dr. Subramanian Swamy and Advocate Satya Sabharwal have challenged the constitutional validity of the words "Socialist' and "Secular" inserted under Section 2 of the 42nd Amendment Act, 1976 in the Preamble while contending that the insertion was beyond the amending power of the Parliament under Article 368 of the Constitution, and against the Rights of Freedom of Religion.
    Bench: Justice Indira Banerjee and Justice MM Sundresh
    Case Title: Subramanian Swamy and Another vs. Union of India and Another
    Click here to read more
  25. [DV Act] In the plea filed by We the Women of India (an NGO) where the infrastructure under Protection of Women from Domestic Violence Act throughout the country was brought under scrutiny, NALSA has filed a comprehensive State-wise data regarding the pendency and disposal of cases relating to Domestic Violence Act, 2005. Uttar Pradesh has the highest number of cases registered, while Maharashtra comes second with total institutions of 196717 Original cases, 115384 disposed and 84637 still pending cases. Kerala High Court (Kerala) comes third with 95267 Original cases, with 74129 disposed off and 21138 cases still pending.
    Case Title: We the Women of India vs. Union of India and Others
    Click here to read more
  26. [Places of Worship Act] An impleadment application has been filed by the Muslim Personal Law Board of India in a plea filed by Advocate Ashwini Kumar Upadhyay before the Supreme Court against the provisions of the Places of Worship Act, stating that the Act ensures that normativity and positive law regulates the conduct of parties to maintain peace in society. The present impleadment application alleges that Upadhyay has suppressed the fact that he has affiliation to a political party which in fact has the largest party holding majority in the Parliament and can well take the legislative route.
    Case Title: Ashwini Upadhyay vs. Union of India and Ors
    Click here to read more
Next Story

Articles

read all