Supreme Court Weekly Round Up - News Updates [February 28 - March 5, 2022]

[Delhi CM’s promises] The Supreme Court has dismissed a plea challenging the Delhi High Court order which had stayed the implementation and operation of the single judge order whereby the Government of NCT Delhi was directed to take a decision as to the implementation of the statements made by Delhi Chief Minister Mr. Arvind Kejriwal on March 29, 2020 regarding payment of rent of those tenants who were unable to do so amid COVID-19 pandemic. The bench said that during the speech, Kejriwal had said that some of the rent may be cleared and, in this case, promissory estoppel cannot be applied. Justice Chandrachud added that enforcement cannot be issued on the basis of such speech. “Some notification has to be there, there has to be some policy,” he said.
Bench: Justices Chandrachud and Surya Kant
Case Title: Govt. of NCT of Delhi and Ors. v. Najma and Anr.
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[Bengaluru riots, 2020] The Top Court refused to grant bail to accused persons in the 2020 Bengaluru riots case. The accused persons, who allegedly belong to radical organisations Social Democratic Party of India and Popular Front of India, were arrested by the National Investigation Agency (NIA) in connection with the riots. The bench was hearing an appeal against the order of Karnataka High Court wherein bail pleas of accused persons were dismissed. Alleging ‘political cat fight’, Siddharth Luthra, Senior Advocate, appearing for one of the accused had argued that his client has spent 14 months in custody and there are 154 witnesses yet to be examined.
Bench: Justices Dinesh Maheshwari and Vikram Nath
Case Title: Mohammad Kaleem Ahmed v. NIA
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[SP’s Udhay Bhan Singh] Before the top court, the State of Uttar Pradesh opposed the grant of interim bail application of former Samajwadi Party MLA Udhay Bhan Singh aka Doctor Singh. Garima Prashad, Sr. Adv and Additional Advocate General of the State informed the court that, “He (Singh) is a big danger to the society. There are 15 cases against him. His application in the Suo Motto case is pending, his writ petition on the same plea seeking sentence is pending” Singh was convicted for triple murder and has been sentenced to life. He has been lodged at Bhadohi (Gyanpur) district jail.
Bench: Justice Ajay Rastogi and Abhay Sriniwasa Oka
Case Title: Udhay Bhan Singh (Doctor Singh) v. State of UP
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[Cyrus Mistry] A Supreme Court bench has indicated that it will hear the plea filed by Cyrus P. Mistry seeking expunction of certain allegedly 'disparaging remarks' from court's Final Order and Judgment dated 26th March 2021. Through the 2021 judgment, the top court had set aside the National Company Law Appellate Tribunal order which had held the proceedings of the sixth meeting of the Board of Directors of TATA Sons Limited held on 24th October 2016 as illegal, whereby Mistry was removed from the position of Chairman of Tata Sons.
Bench: Chief Justice of India NV Ramana, Justices AS Bopanna, and Hima Kohli today
Case Title: TCS v. Cyrus investments
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[Citizenship to Pakistani national] The Supreme Court asked the Central Government to respond to a plea filed by a Pakistan national detained in India seeking bail to apply for citizenship in India stating that Pakistan will not accept him. Upon Additional Solicitor General KM Nataraj’s argument that “if Pakistan is not going to accept him, it is not binding on us”, the bench directed that “since the Pakistan national has 5 children and all of them have citizenship of India, ASG may seek instructions over the issue”.
Bench: Justice DY Chandrachud and Justice Surya Kant
Case Title: Ana Parveen & Anr. v. Union of India & Ors.
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[Noida Supertech Twin Tower demolition] The Noida Authority informed the Supreme Court that the demolition of the Supertech Twin-tower as directed by the apex Court has started, whereas, the same will be completed by May 22, 2022. To this, the bench directed all the stakeholders to strictly comply with the time schedule.
Bench: Justice DY Chandrachud and Justice Surya Kant
Case Title: Supertech Ltd v. Emaral Court Owner Resident Welfare Association and Other Connected Matters
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[Vaccine mandate] Before the Supreme Court, Advocate Prashant Bhushan, arguing against vaccine mandates by the States, submitted that though vaccines can prevent serious illness, it cannot be made mandatory. He cited the examples of the UK and New Zealand where vaccine mandates were struck down by the courts. Bhushan also said, “I have not taken the vaccination as I think it will cause more harm than good”. Further, referring to 'Covaxin', Bhushan submitted that phase 3 trials were not published, however, the government started claiming that they are effective. He said “Trials are by companies who have vested interest. They conceal data.”
Bench: Justices L Nageshwar Rao and BR Gavai
Case Title: Jacob Puliyel v. Union of India
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[Covid vaccine- children] Before the Top Court Advocate Prashant Bhushan while arguing against the compulsory vaccine mandate submitted that “It is unstick and irresponsible to use such untested vaccines on children. They are hardly affected by Covid. Chances of them dying of vaccine itself is more than chances of the child dying due to Covid”. Bhushan submitted that vaccines can cause Myocarditis in children. He argued that one in 1000 children can get Myocarditis because of the vaccination, however the chances of children becoming seriously ill because of COVID is one in a lakh.
Bench: Justices L Nageshwar Rao and BR Gavai
Case Title: Jacob Puliyel v. Union of India
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[Russia- Ukraine war] The Supreme Court requested the Attorney General of India to look into the plight of certain students stranded in the Romanian/Moldovan border owing to the ongoing war between Russia and Ukraine and help in their evacuation. At the outset, when Senior Advocate AM Dar mentioned the matter before the bench, CJI Ramana remarked “Do I ask Vladimir Putin to stop the war? What do you want?” However, after hearing all the parties, CJI Ramana informed the AG that the papers pertaining to these students will be sent to the Attorney General’s office through a special messenger and requested him to use his offices to help the students if possible.
Bench: Chief Justice of India NV Ramana and Justices Bopanna and Hima Kohli
Case Title: Fathima Ahana v. UOI
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[Reservation in elections] The Supreme Court slammed the Backward Classes Commission constituted on the recommendation of the Maharashtra Government for its interim report on reservation in elections, and asked the State Election Commission and other authorities to refrain from acting on the recommendations made in the interim report. The bench noted that the report itself says that there is no empirical study, yet relies on the same data. The bench was dealing with the plea challenging the interim report submitted by the Backward Classes Commission appointed by the Maharashtra Government stating that 27% reservation to the Other Backward Classes (OBCs) in elections is justified.
Bench: Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar
Case Title: Vikas Krishnarao Gawli v. State of Maharashtra & Ors
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[Election freebies] The Supreme Court asked the petitioner to withdraw a plea filed by the Vice President of an organisation called Hindu Sena urging the court to pass directions to disqualify the candidates of Congress, Samajwadi Party and Aam Aadmi Party contesting in the Assembly Election, 2022 for offering freebies to induce public to vote for them. CJI Ramana remarked, “We feel it is motivated to selectively damage a particular group. It has some hidden agenda. Who are you?”
Bench: CJI NV Ramana and Justices Bopanna and Hima Kohli
Case Title: Surjit Singh Yadav v. Union of India
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[PMLA challenge] Before the Supreme Court today, in a batch of petitions challenging the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), Solicitor General Tushar Mehta submitted that PMLA deals with offences which are highly sophisticated, not merely committed at the heat of the moment. Referring to the issue of not filing FIRs in PMLA cases, Mehta said, “For seizures, investigation, etc we shall have material, but there can't be an FIR as it defeats the object. If you touch him, record reasons and tell, but before that, there is nothing to be complied with.” The bench was hearing a batch of petitions challenging provisions of the Prevention of Money Laundering Act.
Bench: Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar
Case Title: Vijay Madanlal Chaudhary and Ors. v. Union of India & Other
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[Future-Amazon dispute] A Supreme Court bench headed by CJI Ramana has suggested that Amazon Inc, the Future Group and Reliance Retail may resolve their issues over the Rs. 24,000 crore stake sale deal between Future and Reliance, through discussion. The Court was hearing a plea by Amazon challenging the order of Delhi High Court staying arbitration proceedings before Singapore International Arbitration Centre (SIAC) arising out of Amazon’s 2019 deal with Future Coupons Pvt Ltd. Upon CJI's remark that the matter will not end, Sr. Adv. Gopal Subramanian, appearing on behalf of Amazon, had urged the Court that a mediation may be suggested.
Bench: CJI NV Ramana and Justices Bopanna and Hima Kohli
Case Title: Amazon Ltd v. Future Coupons
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[Russia- Ukraine war] The Attorney General of India KK Venugopal informed the Supreme Court that the petitioner and persons accompanying her, who had requested to be evacuated, will most likely reach India tonight. “She and the persons accompanying her will reach India tonight," Venugopal informed Court. Yesterday, the bench headed by CJI Ramana had requested the Attorney General of India to look into the plight of certain students stranded in the Romanian/Moldovan border owing to the ongoing war between Russia and Ukraine and help in their evacuation.
Bench: Chief Justice of India NV Ramana and Justices Bopanna and Hima Kohli
Case Title: Fathima Ahana v. UOI
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[Ex-Punjab DGP Sumedh Singh Saini] The Supreme Court has deemed the order staying the arrest of former Punjab DGP Sumedh Singh Saini in all cases pending against him or likely to be registered, as “unusual”. Justice Arvind Sangwan of Punjab and Haryana High Court had on Thursday extended its 10th September 2021 order staying the arrest of the former Punjab DGP. The court further directed the Chief Justice of Punjab and Haryana High Court Justice Rajiv Shekar Jha to place the matter before another judge and dispose it within a period of two weeks.
Bench: Chief Justice of India NV Ramana and Justices Bopanna and Hima Kohli
Case Title: State of Punjab v. Sumedh Singh Saini
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[Lakhimpur Kheri case] A Supreme Court bench headed by CJI Ramana indicated that the court will hear the plea seeking cancellation of bail of the main accused in Lakhimpur Kheri violence case, Ashish Mishra on 11th March 2022. Advocate Prashant Bhushan, mentioned the matter before the bench saying, “others are seeking bail based on this. HC has granted bail overseeing evidence tampering etc. We seek urgent listing.” It has been alleged by the family members that they had to file the appeal as the State of Uttar Pradesh, where the political party of Mishra and his father is in power, has failed to file an appeal against the high court order.
Bench: CJI NV Ramana and Justices Bopanna and Hima Kohli
Case Title: Jagjeet Singh and Ors. v. Ashish Mishra Alias Monu and Anr/ In Re: Violence in Lakhimpur Kheri (Up) Leading to Loss of Life
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[Collapse of Gurugram building] Supreme Court has issued notice in a plea by a Minor Son seeking appointment of independent investigation agency to look into the collapse of sixth floor Chintels Paradiso at Gurugram Sector 109 which killed his mother. The incident took place on 10th February 2022. Jyoti Taneja, advocate, appearing for the petitioner submitted that an FIR was registered immediately after the incident by the husband of the deceased, however no action has been taken so far by the police, she hence sought for the appointment of an independent agency to investigate into the incident. Taneja further submitted that an audit be conducted to look into the approvals granted by Directorate of Town and Country Planning (DTCP). She further argued that a team from Indian Institute of Technology, Delhi be appointed to conduct a structural audit of the building and submit a report.
Bench: Justices KM Joseph and Hrishikesh Roy
Case Title: Master Yatharth Bharadwaj through father v. State of Haryana
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[Ration card for Sex Workers] The Top Court has indicated its apprehension about the limited number of sex workers being identified by the State of West Bengal for issuing ration cards. The counsel appearing for West Bengal submitted that guidelines were issued for issuance for digital ration cards and food coupons to sex workers. He further submitted that as on 11th February 2022, 6227 Sex workers have been identified of which 3784 have been provided ration cards. The court had on 10th January 2022 directed the States/UTs to issue ration/voter cards to sex workers within two weeks from the date of the order. The order had further mentioned that the identification of sex workers need not be restricted to the list provided by NACO but the State/UTs should take into account list submitted by community based organisation, which should subsequently be verified.
Bench: Justices L Nageshwar Roa and BR Gavai
Case Title: Buddhadev Karamaskar v. State of West Bengal
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[Fishing ban in Tamil Nadu] The Supreme Court has issued notice on a plea challenging Madras High Court order dismissing the Public Interest Litigation filed by Fisherman Association against Tamil Nadu Government order banning fishing via purse seine nets in toto. Notice was issued in the plea after hearing Senior Advocate G. Rajagopalan appearing for the Fisherman Association. The petition filed by Fisherman Care Association hailing from the coastal villages of Tamil Nadu through Advocate MP Pathibaran stated that they are dependent on fishing for their livelihood and use traditional boats rather than mechanized boats for that purpose.
Bench: Justice Indira Banerjee and JK Maheshwari
Case Title: Fisherman Care v. The Government of India & Ors.
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[Kunal Kamra's disparaging remarks] A letter has been written by Advocate Ashutosh J Dubey to the Chief Justice of India to initiate criminal contempt against stand up comedian Kunal Kamra for the alleged disparaging remarks against the Supreme Court in his new video titled "BE LIKE". Dubey in his letter states that Kamra has openly mocked and disrespected the Supreme Court while making disparaging remarks against the apex court. The letter mentioned that Kamra claimed that, "he has more respect for a food court of a shopping mall than the top court". It may also be noted that there is already a contempt of court matter pending against Kamra for his tweets against the Supreme Court of India.
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[Feeding stray dogs] The Supreme Court has stayed the Delhi High Court order setting out guidelines for feeding stray dogs while issuing notice on a Public Interest Litigation seeking direction to curb the situation arising out of the increase in number of dog bite cases. Notice was issued on the plea filed by Humane Foundation for People and Animals raising the issue of an increasing number of stray dogs and dog bite cases. The petition has further challenged an order of the Delhi High Court passing guidelines qua feeding of stray dogs with reference to “The Animal Birth Control (Dogs) Rules, 2001” and “The Prevention of Cruelty to Animals Act, 1960”.
Bench: Justice Vineet Saran and Justice Aniruddha Bose
Case Title: Humane Foundation for People and Animals v. Animal Welfare Board of India & Ors.
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[Plea in SC] BJP Spokesperson and Senior AAG for state of Assam Nalin S Kohli has filed a Public Interest Litigation in the Supreme Court seeking direction to the Bureau of Police Research and Development to analyse the connection between easy access of porn over the internet and the increasing number of child sexual abuse cases. Kohli has drawn the attention of the apex Court over the urgent requirement of safeguard to be implemented to curb the situation giving an example of a case in Assam where a six-year-old girl was raped and murdered and the investigation revealed that the accused are four minor porn addicts who committed the crime as the minor girl refused to watch porn with them.
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[Plea in SC] A Company Secretary student has moved to the Supreme Court seeking extension of old syllabus attempt till December 2022 stating that at the time of CS Executive and Professional examinations there was the threat of the Omicron variant of Covid-19 and a possible third wave of the pandemic. The Public Interest Litigation (PIL) filed by Aditya Vikram Singh, a CS student states that the old syllabus should continue till December 2022 as some students were unable to give exams due to their helplessness and family problems in the face of the pandemic.
Case Title: Aditya Vikram Singh v. Institute of Company secretaries of India
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[Murder of RSS member] The Supreme Court dismissed a Special Leave Petition (SLP) filed by the Central Bureau of Investigation (CBI) challenging an order passed by the Kerala High Court grating bail to CPI(M) members accused of "brutally killing" an RSS member. The court noted that the order granting bail was passed on February 23, 2021. The accused were charged with brutal broad daylight killing of a person named ‘Shri Janithottathi Manoj’ who was a member of Rashtriya Swayam Sevak Sangh (RSS), and attempt to murder of one Mr. Pramod. CBI in its plea had submitted that the High Court released the accused on bail despite recording a view that it was "prima facie convinced that the accused are guilty of committing the offences alleged against them".
Bench: Justices SK Kaul and MM Sundresh
Case Title: Central Bureau of Investigation v. Vikaraman & Ors
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[Aurangabad Municipal elections] The Supreme Court vacated the status quo interim order on Aurangabad Municipal elections that had been passed in October 2020. In 2020, the court had granted status quo in a plea filed by a Councillor challenging the State Election Commission’s delimitation process of Aurangabad Municipal Corporation on the ground that it “suffers from violation of principles of natural justice”. The counsel appearing for the State Election Commission (SEC) submitted that the plea has become infructuous in view of the fresh delimitation process and a new ordinance brought in for reservation in local body elections.
Bench: CJI NV Ramana with Justices Bopanna and Hima Kohli
Case Title: Sameer v. State of Maharashtra
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[MediaOne Ban] MediaOne TV has moved to the Supreme Court against an order of the Kerala High Court order upholding the ban imposed on MediaOne TV as it went off air on January 31 this year, after its license was not renewed by the Ministry of Information & Broadcasting (I&B). Centre has said that the denial of security clearance to Media One by the Ministry of Home Affairs (MHA) is based on inputs received from intelligence agencies. The application has been filed by Madhyamam Broadcasting Ltd, which operates MediaOne through AOR Pallavi Pratap. On January 31, the Central government had banned MediaOne citing “security reasons”. The Editor of MediaOne, Pramod Raman, had responded to the ban by saying that the government had not been forthcoming with any details behind its decision.
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[PMLA Challenge] In a batch of petitions challenging the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), Solicitor General Tushar Mehta referring to money laundering and the recommendations made by the Finance Action Task Force (FATF) and requirement of the provision of money laundering, argued before the top court that Dawood used to invest crores in pirated CDs and generated proceeds of crime but what he was merely accused of was piracy. The bench was hearing a batch of petitions challenging provisions of the Prevention of Money Laundering Act. Mehta further argued that in the offenses under PMLA, 'knowledge' is an essential ingredient. "If knowledge is not considered as an ingredient, it would be unfair on my part. A bank might not know the money is proceeds of crime", he said.
Bench: Justices AM Khanwilkar, Dinesh Maheswari and CT Ravikumar
Case Title: Vijay Madanlal Chaudhary and Ors. v. Union of India & Other
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