Supreme Court weekly round up - News Updates [January 1-8, 2022]

  • Sanya Talwar
  • 06:31 PM, 09 Jan 2022

1. [Listing of cases at Top Court] Supreme Court has directed its Registry to make an endeavor in listing the matters of petitioners appearing in person at the earliest considering the urgency of the matter.  The bench said, "The listing of cases from petitioners in person is taking an extended period of time, we are facing this issue since last few years." The comments were made on a plea against the Supreme Court registry alleging delayed listing of cases in which petitioners are appearing in person. His main contention was that rich clients get big advocates to get quick listings.
Bench: Justice Sanjay Kishan Kaul and Justice MM Sundresh
Case Title: Ajay Gautam Vs. The Registrar Supreme Court of India 
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2. [MP Civic Polls] Supreme Court has deferred hearing in the Centre's plea challenging order of this court dated December 17, 2021, by which it had stayed the election process in the seats reserved for Other Backward Classes (OBCs) in the local body elections in Madhya Pradesh. The bench said that this will be taken up on January 17, 2022, along with the other connected matters.
Bench: Justice AM Khanwilkar and Justice CT Ravikumar
Case Title: Rahul Ramesh Wagh Vs. The State of Maharashtra and Ors. and Connected matter Manmohan Nagar v Madhya Pradesh State Election Commission
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3. [Extradition of ISIS Terrorists] Supreme Court has disposed off a plea seeking extradition of two women from the Republic of Afghanistan who went to join ISIS, a terrorist organization and have been detained in Afghanistan before the Taliban took over. Court said that it has expressed no opinion on this issue and the Government may consider the issue within 8 weeks.
Bench: Justice L Nageswara Rao and Justice BR Gavai 
Case Title: VJ Sebastian Francis Vs. Union of India and Ors.
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4. [Class X CBSE] Supreme Court deferred hearing in a plea by Central Board of Secondary Education, Class X students against school denying to provide detailed scorecard and answer sheets to conceal alleged malpractices in awarding marks to the class X students. Court will not hear the case on January 17, 2022.
Bench: Justice AM Khanwilkar and Justice CT Ravikumar 
Case Title: Subhasish Behera and Ors. Vs. Central Board of Secondary Education and Ors.
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5. [Plea in SC] A petition in the Supreme Court has been filed against the alleged continuous attack on the personality of Prophet Mohammad and “disparaging remarks by various persons in different parts of the country attacking the very belief system of the Muslim community at large”. The plea filed by Jamiat Ulama-i-Hind and Maulana Syed Mahmood Asad Madani through Advocate MR Shamshad stating that that insulting Prophet Mohammad is akin to attacking the very foundation of Islam.
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6. [Transfer of IAS Cadre] Supreme Court has issued notice in a plea by the State of West Bengal, challenging the judgment of Delhi High Court which directed the State to issue a no objection directive for transfer of IAS officer Lakshmi Bhavya Taneeru. The court also informed that they will list the matter at the earliest and try to settle the law.
Bench: Justices KM Joseph and PS Narasimha
Case Title: Chief Secretary, West Bengal Vs Lakshmi Bhavya Taneeru
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7. [NEET PG Counselling] Chief Justice of India NV Ramana said that he'll take a call on listing the matter before a three judges bench or a division bench after the case concerning NEET PG Counselling was mentioned by Solicitor General (SG) Tushar Mehta. SG mentioned the plea challenging the amended reservation policy by GOI in AIQ and said, "Residents doctors are concerned and their concern is very much right."
Bench: CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli
Case Title: Neil Aurelio Nunes Vs Union of India
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8. The Supreme Court has stayed the bail of a former Bajrang Dal leader and sent him back to jail for allegedly leading a mob that killed a police officer in Uttar Pradesh’s Bulandshahr district in December 2018. The bench observed that it was a serious issue of lynching a police officer under the suspicion that he participated in cow slaughter, "The matter is quite serious where under the pretext of the cow slaughter, a police officer has been lynched. Prima facie, it is a case of people taking law into their own hand." 
Bench: Justices Sanjay Kishan Kaul and MM Sundresh
Case Title: Rajni Singh v. State of Uttar Pradesh and Anr
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9. [ISRO Fake Espionage case] The Supreme Court has deferred hearing in Central Bureau of Investigation's plea seeking cancellation of anticipatory bail granted to former Gujarat DGP R.B. Sreekumar, one of the accused in the ISRO espionage case which framed celebrated ISRO scientist Nambi Narayanan by Kerala High Court. The bench allowed two weeks to file a rejoinder and listed the matter for hearing on January 28.
Bench: Justice AM Khanwilkar and Justice CT Ravikumar
Case Title: Central Bureau of Investigation Vs. PS Jayaprakash
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10. The Top Court dismissed a plea filed against the order of Maharastra’s Minister for Food and Civil supply rejecting the objections raised for grant of authorisation to a fair price shop. Justice Hemant Gupta while dismissing the plea remarked, “Fight the political battles outside of the court hall.” The plea was filed by one Vishwanath Vithoba Kamble is against the order of the then Minister for Food and Civil Supply Sambhaji Patil Nilangekardated 11th November 2016. The dispute pertains to grant of authorisation to a fair price shop to one Kailash Rustamrao Ghuge at village Regaon.
Bench: Justices Hemant Gupta and V Ramanasubramanian
Case Title: Vishwanath Vithoba Kamble Vs Minister of Food and Civil Supply
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11. [Right of Pre-emption] The Supreme Court held that right of pre-emptions is feudal, archaic and outmoded. While relying on its dictum in Shyam Sunder & Ors. v. Ram Kumar & Anr, the Court added that the right of pre-emption has been said to be maligned law. The bench while interpreting the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019 added, "Such right of pre-emption has been taken away and all proceedings pending before any authority have been ordered to be abated including proceedings in any other Court. Any other Court is wide enough to include the Constitutional Courts i.e. the High Court and the Supreme Court."
Bench: Justices Hemant Gupta and S Ravindra Bhat
Case Title: Punyadeo Sharma & Ors. Etc. Vs. Kamla Devi & Ors. 
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12. [SEBI Moves Supreme Court] Securities and Exchange Board of India has moved Supreme Court against the Securities and Appellate Tribunal (SAT) order dated December 16, 2021 whereby unwarranted adverse remarks were made by the tribunal, questioning SEBI's 12-year delay in starting the quasi-judicial process and sending a show-cause notice to Yatin Pandya. The Order has stated that the SEBI has been “dishonest”.
Case Title: SEBI Vs. Yatin Pandya
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13. [Rakesh Asthana] Commissioner of Police, Rakesh Asthana, Delhi Police in his affidavit before the Supreme Court, in a plea challenging his appointment has stated that the Petitioner NGO & Prashant Bhushan are carrying out personal vengeance against him, hence, it is not bonafide public interest litigation but a flagrant abuse of process and forum. The petition herein is filed by Center Centre for Public Interest Litigation through Advocate Prashant Bhushan challenging the appointment of Rakesh Asthana along with a Special Leave Petition (SLP) against the judgment of Delhi High Court upholding his appointment. The case was adjourned today, it was heard by a bench led by Justice DY Chandrachud.
Case Title: Centre for Public Interest Litigation Vs Union of India
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14. [Makkah Blast - NIA Act] Supreme Court has admitted an SLP by the the kin of two victims of the 2007 Makkah Masjid blast which seeks to challenge Section 21 (5) of the National Investigation Agency (NIA) Act. It is sought that Section 21(5) of the NIA Act be declared as ultra vires, as it is violative of Article 14 and 21 of the Constitution of India.
Bench: Justices SK Kaul and MM Sundresh
Case Title: Osman Shareef & Anr. v. Union Of India & Ors.
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15. [RTI: Plea in SC] A petition has been filed in the Supreme Court challenging the non-availability of the Supreme Court and the Indian Judiciary over the RTI online portal even after 8 years of its enactment. This petition filed by 5th year law student, Ramey Krishna Rana highlights how the process of physical filing of RTI has been gravely hampered due to the ongoing Covid-19 pandemic and that physical filing of RTI application has become a costly affair in "its truest sense".
Case Title: Ramey Krishna Rana v. Union of India
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16. [NEET PG: EWS Reservation] Senior Advocate Shyam Divan arguing for the OBC candidates submitted before the Supreme Court today that the quota given earlier was carved out for All India Quota (AIQ) by the top court, "various aspects are involved, any variation ought to be done by an appropriate application before this court only and not by administrative order. Rules of the game cannot be changed belatedly." [Arguments were heard on behalf of the Centre as well and the case will be taken up tomorrow.]
Bench: Justice DY Chandrachud and Justice AS Bopanna
Case Title: Neil Nunes, Madhura Kavishwar Vs Union of India
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17.  [Alpan Bandhopadhyay Case] The Supreme Court has  set aside the order of Calcutta High Court which had ruled against an order of the Principal bench Central Administrative Tribunal (CAT), transferring the disciplinary proceeding pertaining to Alpan Bandopadhyay from Calcutta to Delhi. Court has gone on to expunge the "disparaging" and "scathing" remarks against the Principal bench of the Tribunal and has allowed the Centre's plea, while holding that the Calcutta High Court had no jurisdiction to entertain the challenge against CAT's order. "Needless to say that the power of judicial review of an order transferring an Original Application pending before a Bench of the Tribunal to another Bench under Section 25 of the Act can be judicially reviewed only by a Division Bench of the High Court within whose territorial jurisdiction the Bench passing the same, falls," Court noted.
Bench: Justices AM Khanwilkar Vs. CT Ravikumar
Case title: Union of India Vs Alpan Bandopadhyay
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18. [Rajendra Balaji] The Supreme Court today pulled up the Dravida Munnetra Kazhagam (DMK) lead Tamil Nadu government for arresting former Minister of Fisheries, Animal Husbandry and Dairy Development, Rajendra Balaji. Just as the hearing for the matter commenced, the bench led by CJI NV Ramana said, “Is this being done out of Political Vendetta?” The court also stayed all proceedings in the case pertaining to the job scam and has posted it for hearing on Monday, i.e. January 10, 2022.
Case Title: Rajendra Balaji Vs State Represented by Inspector of Police
Bench: CJI Ramana, Justices Surya Kant & Hima Kohli
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19. [Waqf Tribunals] The Supreme Court has recenty sought status report about the constitution and functioning of Waqf Tribunals in Uttar Pradesh from the State Government. The bench was hearing a Special Leave Petition filed against one judgment of Allahabad High Court whereby the high court had dismissed a writ petition that had challenged a notification issued by the UP Government directing constitution of only two Wakf Tribunals across the State. 
Bench: Justices L Nageswara Rao and B.R.Gavai
Case Title: Shah Alam v Union of India & Others
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20. [PM Security Breach] The Supreme Court on Friday asked the committees constituted by the State of Punjab and the Centre looking into the recent security breach of the Prime Minister's convoy heading to Punjab to hold operations till January 10. The Court, in the meantime, directed the Registrar General of the High Court of Punjab to secure all documents related to the Prime Minister's visit to Punjab in the issue concerning the recent security breach of his convoy.
Bench: CJI NV Ramana, Justices Surya Kant & Hima Kohli
Case Title: Lawyer's Voice Vs. State of Punjab and Ors.
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21. [NEET PG 2021 Counselling] Supreme Court today allowed NEET PG 2021 counselling to be conducted as per the notification issued by the Central Government while upholding the amended reservation(s) policy by the Government of India wherein a decision was taken to provide 27% reservation for OBCs in AIQ scheme for undergraduate and postgraduate medical/dental courses (MBBS / MD/ MS/ Diploma/ BDS/ MDS) from the current academic year 2021-22 onwards. The bench said, "Counselling shall be conducted by giving effect to the reservation of the OM. Validity of the criteria by Pandey comm would prospectively be subject to the result of the petition in future."
Bench: Justice DY Chandrachud, Justice AS Bopanna
Case Title: Neil Nunes, Madhura Kavishwar Vs Union of India. 
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22. [CBSE Evaluation policy] The Supreme Court today struck down Central Board of Secondary Education’s (CBSE) policy that the marks of the improvement examination will be taken as final and that the candidate cannot choose between the best marks obtained in the main actual examination and improvement examination. The bench held that the candidate should be given the choice to choose between the best of the marks they have obtained in either of the examination.
Bench: Justices Khanwilkar and Ravikumar
Case Title: Sukriti & Ors. Vs. CBSE & Ors.
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23. [Shops in Temple premises] Adherents of Sanatana Dharma have filed an application seeking vacation of interim stay in the order of the top court permitting people from all religions to participate in lease of shops in a Hindu temple of Andhra Pradesh on the ground of Article(s) 25 & 26 of the Indian Constitution. Supreme Court on December 17th, vide an interim order, had allowed people from all religions to participate in process of lease of shopping complexes/shops in Brahmaramba Mallikarjuna Swamy Temple, Andhra Pradesh stating that none of the tenants/shop holders shall be excluded from participating in the auction or from the grant of leases including in the shopping complex on the ground of their religion.
Bench: Justice DY Chandrachud and Justice AS Bopanna
Case Title: T.M.D. Rafi & Ors v. State of Andhra Pradesh
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24. [Contempt against Chief Secretary, Karnataka] The Supreme Court stayed contempt proceedings against the Chief Secretary of Karnataka. The Karnataka High Court had initiated contempt proceedings against the Chief Secretary and some other top officials in a case concerning regularisation of certain employees of Zilla Panchayats and other departments. The Karnataka High Court recently summoned 15 senior officers including the Chief Secretary of the State to appear before it on 6th January for framing charges for non-compliance with the Judgment of the Supreme Court in State of Karnataka Vs Uma Devi. 
Bench: CJI NV Ramana, Justices Surya Kant & Hima Kohli
Case Title: State of Karnataka Vs. Suresh Naik
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25. [Bulli Bai] Delhi High Court Women Lawyers Forum has written to the Chief Justice of India against the recent launch of mobile application called "Bulli Bai" which is allegedly shameful and derogatory towards their target - Muslim women in India.  It is alleged that by way of the App the culprits have trolled and surveilled Muslim Women and illegally used their photographs to put them up for auction as maids.
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26. [Minority Recognition in states] Supreme Court has granted final opportunity to the central government to file its response in the plea seeking direction as to whether the Centre can introduce a Uniform Education Code in harmonious construction of Articles 29-30 with Articles 14, 15, 19. The bench has allowed four weeks to the Centre. The main PIL is filed by Supreme Court Advocate Ashwini Upadhyay and according to him, Article 29 (Protection of Interest of Minorities) and Article 30 (Right of Minorities to Establish and Administer Educational Institutions) were brought in keeping in view the then situation and after-effects of the religious partition in mind.
Bench: Justices SK Kaul & MM Sundaresh
Case Title: Ashwini Kumar Upadhyay v Union of India
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