Supreme Court weekly round up - News Updates [January 10-15, 2022]

Read Time: 20 minutes

 

  1. [PM Security Breach] The Supreme Court today appointed Justice (Retired) Indu Malhotra as chairperson on the court-appointed committee to look into the Prime Minister’s security breach issue. The Committee shall also consist of DG of Police (Chandigarh), Additional DGP (Punjab) along with the  Registrar General (Punjab and Haryana High Court) and an NIA official. The bench said, “A judicially trained mind should look into the details, cannot be a one-sided inquiry.” The bench also directed the Registrar General of the High Court (Punjab and Haryana) to submit records to Justice Malhotra at the earliest.
    Bench: CJI NV Ramana, Justices Surya Kant & Hima Kohli
    Case Title: Lawyers Voice Vs. State of Punjab
    Click here to read more

     
  2. [Calls from UK Number taking responsibility for PM Security breach] Certain Advocates-on-Record at the Supreme Court have revealed that they have received calls from a number of the United Kingdom (with the affix +44) today morning, warning the Supreme Court judges to refrain from entertaining the ongoing case concerning the Prime Minister's security breach. The person on the call stated that "they took responsibility" for blocking the Prime Minister's convoy in Punjab last week and that the Supreme Court did not do anything when many Sikhs lost their lives during the 1984 Anti-Sikh genocide.
    Click here to read more
     
  3. [Hate speech: Dharam Sansad] The Top Court today issued notice in the Public Interest Litigation seeking the court's intervention in alleged hate speeches delivered in Haridwar and Delhi. The court however expressed its apprehension on other similar matters and intervention applications being filed with regard to the same issue. The CJI orally observed, “There are penal laws, there is a judgment of the Supreme court as per the counsel, there are enough laws. What law can we lay down now?" Issuing the notice, the bench also indicated that they will list the matter in 10 days, and if there will be connected matters they will tag the same.
    Bench: CJI NV Ramana, Justices Surya Kant & Hima Kohli
    Case Title: Qurban Ali & And Vs Union of India
    Click here to read more

     
  4. [Parsi burial's - Covid] Supreme Court asked the Solicitor General of India, Tushar Mehta to assist the court in the case pertaining to traditional burial for Zoroastrian victims who have succumbed to COVID-19. When the hearing for the matter commenced, Fali S Nariman, Senior Advocate, appearing for Surat Parsi Panchayat submitted that they have prepared and circulated a one page submission on how obsequies rights of Parsis can be carried out by following the COVID-19 protocols. Justice Chandrachud noted the the presence of SG Tushar Mehta and asked him if he could assist the court in the matter.  The SG while agreeing to do so, sought a week’s time to get instructions as well as prepare for the matter. The SG also informed the court that the government will do nothing adversarial in this issue.
    Bench: Justices DY Chandrachud & AS Bopanna
    Case Title: Surat Parsi Panchayat Vs State of Gujarat
    Click here to read more

     
  5. [Identification of sex workers] Top Court has directed the authorities to provide identification documents and dry rations to women, men and transgenders involved in sex work. The court further directed the Community Based Organisations of which sex workers are members to prepare a list of sex workers for this purpose and forward the same to District and State Legal Service authorities so that the requisite action can be taken.
    Bench: Justices LN Rao & BR Gavai
    Case Title: Buddhadev Karamaskar VS State of West Bengal
    Click here to read more

     
  6. [Disability rights] The Supreme Court has directed the University Grants Commission (UGC) to ensure that guidelines for ease of access to students with disabilities in Universities/ Colleges are formulated before next date of hearing. The bench said that the Committee has been constituted and the work pertaining to the issue is a work in progress.
    Bench: Justices DY Chandrachud & AS Bopanna
    Case Title: Disabled Right Group Vs. Union of India
    Click here to read more

     
  7. [Tripura Violence Reportage] Top Court has restrained Tripura Police (Cyber Branch) from acting on notice sent to journalist Samiullah Shabbir Khan for tweeting about Tripura violence and tagging the police in the same. Sharaukh Alam, advocate, appearing for Khan submitted that Khan had put out a tweet on his twitter account on Twitter on vieolernce in Tripura. The police were tagged with this tweet.However,  on 22 November 2021,  a communication was addressed from cyber crime to twitter Inc adverting to registration of FIR u/s 153,b.479, 474 and 13 of UAPA among others.
    Bench: Justices DY Chandrachud & AS Bopanna
    Case title: Samiullar Shabbir Kahan Vs SI cyber police
    Click here to read more

     
  8. [BJP MLA expulsion] The Supreme Court remarked that the act of Maharashtra Legislative Assembly suspending 12 Bharatiya Janata Party (BJP) MLAs for a period of 1 year is worse than expulsion. The bench also indicated that the order of Maharashtra Legislative Assembly suspending the MLAs is unconstitutional as according to Article 190(4) of the Constitution. Bench noted, “If for a period of 60 days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.” Importantly, the bench further remarked that this situation could have been avoided had the Speaker adjudicated on the dispute.
    Bench: Justices Khanwilkar, Dinesh Maheshwari & Ravikumar
    Case Title: Ashish Shelar and Ors. vs Maharashtra Legislative Assembly
    Click here to read more

     
  9. [Param Bir Singh] The Supreme Court heard the petition filed by former Mumbai Police Commissioner Param Bir Singh seeking protection from coercive steps by Mumbai Police in the cases registered against him. During the hearing the Court orally remarked, "This scenario is disturbing! The head of the police doesn’t have trust in the police. We are not going to pre-empt." Refuting Singh's claims that the state has tried to scuttle the proceedings of the CBI, the bench said the attempt by the police to stop the CBI from probing has not been proved so far. Directing the matter to be listed after three weeks, the Court continued the stay on Singh's arrest while also granting interim relief to another accused Binu Nayan Varghese.
    Bench: Justice Sanjay Kishan Kaul & Justice M.M. Sundresh
    Case Title: Param Bir Singh vs State Of Maharashtra
    Click here to read more

     
  10. [Farmer Protests] The Supreme Court has disposed of a Public Interest Litigation (PIL) filed by one Monicca Agarwaal alleging that traveling to Delhi from Noida for her marketing job had become a nightmare as it took 2 hours instead of 20 minutes due to the protestors swarming the roads. However, during the hearing it was Adv. Prashant Bhushan submitted before the court that the matter has become infructuous as the protest is over and the protestors have withdrawn from the border after the farm laws were repealed.  The court on hearing the submission permitted the case to be withdrawn.
    Bench: Justices Sanjay Kishan Kaul & MM Sundaresh
    Case Title: Monicca Agarwaal vs Union Of India & Anr.
    Click here to read more

     
  11. [APSC Cash for Jobs scam] The Supreme Court has stayed an order of the Guwahati High Court allowing relief from arrest to an absconding accused who allegedly acted as a tout and collected money in the infamous Assam Public Service Commission's (APSC) "Cash for Jobs" scam. The Assam Government has challenged the Guwahati High Court order stating that the Mofidul Islam played fraud upon the High Court by making false and incorrect averments in his petition.
    Bench: CJI NV Ramana, Justices Surya Kant & Hima Kohli
    Case Title: State of Assam vs Mofibul Islam
    Click here to read more

     
  12. [TN Ex-Minister R. Bhalaji] The Supreme Court granted an interim bail to Tamil Nadu former Minister Rajenthra Bhalaji for 4 weeks in the matter. The bench also remarked that they should take a serious view over, or order a judicial inquiry into the way Tamil Nadu Police has handled the arrest of former Minister. Additionally, the bench further took serious objection to Bhalaji being lodged in Trichy jail, which is 300 Kms away from the place where the crime was registered, not serving any summons to Bhalaji to join the enquiry and raiding the offices of Bhalaji’s lawyers.
    Bench: CJI NV Ramana, Justices Surya Kant & Hima Kohli
    Case Title: Rajendra Balaji Vs State Represented by Inspector of Police
    Click here to read more

     
  13. [Supretech Limited] The Supreme Court has asked Supertech Limited to return money to the home buyers for the payment made for the flats which have been directed by the apex court to be demolished. The bench also said to the counsel appearing for Supertech to keep their office in order and not make deductions that have not been ordered by the Court. The bench directed the Supertech Ltd. to make payments before Monday. The matter will be next heard on January 17.
    Bench: Justice DY Chandrachud & Justice AS Bopanna
    Case Title: Supertech Ltd. Vs. Emerald Court Owner Resident Welfare Association and Other Connected Matters
    Click here to read more

     
  14. [Mullaiperiyar Dam] In a matter pertaining to alleged “inaction” of Court-appointed Supervisory committee regarding safety of the Mullaperiyar Dam, the Supreme Court orally remarked that "This is not adversarial litigation. Safety, security, and health issues are involved.We are not here to administer the dam, we have to decide the legal issues." The Court has accordingly asked the parties to articulate the issues on which they have a difference of opinion. During the hearing, the Court said that administrative issues of water level management and dam seepage will be examined by an expert committee and the Court will not go into the administration of the dam.
    Bench: Justices AM Khanwilkar, Dinesh Maheshwari & CT Ravikumar
    Case title: Dr Joe Joseph v. State of Tamil Nadu
    Click here to ream more