Supreme Court Weekly Round Up - News Updates [July 18-23, 2022]

Supreme Court Weekly Round Up - News Updates [July 18-23, 2022]
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By -  Aishwarya Iyer |
25 July 2022 10:29 AM IST
  1. [National Commission For Minorities Act] Supreme Court has asked the petitioner challenging the National Commission for Minorities Act, to show them whether Hindus have been denied minority status in any of the States. It queried, “In a given situation if a status gets denied, you can challenge it. How has the Act been challenged without any cause of action?”. The plea alleges that when the Act came into force the Central Government arbitrarily notified Muslims, Christians, Sikhs, Buddhists, and Parsee as minorities.
    Bench: Justice UU Lalit, Ravindra Bhat and Sudhanshu Dhulia
    Case Title: Devkinandan Thakur Ji vs. Union of India & Ors.
    Click here to read more
  2. [Maharashtra Political Crisis] Supreme Court allowed urgent listing of a fresh plea filed by 14 MLAs supporting former Chief Minister of Maharashtra Uddhav Thackeray challenging the disqualification proceedings initiated by the Speaker of the Maharashtra Legislative Assembly against them and has listed the same on July 20.
    Bench: Chief Justice of India NV Ramana, Justice Krishna, and Justice Hima Kohli
    Case Title: Sunil Prabhu vs. Principal Secretary, Governor of Maharashtra
    Click here to read more
  3. [Endosulfan Tragedy] The Kerala Government informed Supreme Court that 98 percent of the beneficiaries in the Endosulfan tragedy case have been paid compensation. The state has also filed a compliance report to this effect.
    Bench: Justices DY Chandrachud and AS Bopanna
    Case Title: Baiju K.G. vs. Dr.V.P.Joy
    Click here to read more
  4. [Mohammad Zubair] Top Court directed the Uttar Pradesh Police to not take any precipitative steps against Mohammed Zubair in any of the five FIRs without its permission till the next date of hearing. The case was then posted for hearing on July 20, 2022. Vrinda Grover, Advocate, appearing for Zubair, had argued that rewards were announced on social media to initiate legal proceedings against Zubair and complaints were filed against him subsequently. It was submitted by Gover that when he is released on bail in one FIR, another FIR gets filed.
    Bench: Justices DY Chandrachud and AS Bopanna
    Case Title: MOHAMMED ZUBAIR vs. STATE OF UP & ORS.
    Click here to read more
  5. [Karnataka HC Judge Transfer Threat] The Supreme Court on Monday, July 18, stayed other proceedings in the matter wherein the Karnataka High Court judge, Justice HP Sandesh had alleged that he was threatened with transfer for questioning the Additional Director General of Police of the Anti-Corruption Bureau.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: Seemant Kumar Singh vs. Mahesh PS and Anr.
    Click here to read more
  6. [Gyanvapi] Supreme Court allowed urgent listing of the plea seeking a direction to allow Hindu disciples to perform religious rituals at the Shivling found at the disputed Gyanvapi site and has directed the matter to be listed on July 21, 2022.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli
    Case Title: Rajesh Mani Tripathi vs. State of UP and Ors.
    Click here to read more
  7. [Declaration of Assets by Politicians] Top Court dismissed a Public Interest Litigation seeking directions to politicians to mandatorily declare their assets after their term of election. The plea also sought directions to disqualify them from contesting in elections if they fail to declare. When the matter came up for hearing, counsel for the petitioner submitted that there has to be a check and balance on how the nation functions. The bench, however, said,
    “Let the legislature and executive also do something? Why do you have to approach the court for this?”
    Bench: Justices Sanjay Kishan Kaul and MM Sundaresh
    Case Title: Prabhakar Deshpande vs. Union of India
    Click here to read more
  8. [Nupur Sharma] Top Court directed that no coercive action be taken against Nupur Sharma in present FIRs or complaints as well as in FIRs/ complaints which may be registered/entertained in future pertaining to the telecast dated May 26, 2022. Taking note of the submission that there is an imminent threat to Sharma’s life and liberty, the top court said that to effectuate the alternative remedy which was stipulated by its earlier order whereby she was asked to approach the High Court for quashing FIRs, a modality needs to be worked out. Accordingly, Court issued notice to all respondents, returnable on August 10, 2022
    Bench: Justices Surya Kant and Pardiwala
    Case Title: Nupur V Sharma vs. Union of India
    Click here to read more
  9. [Kallakurichi School Girl Death Case] The Supreme Court refused to stay second postmortem of a minor girl who died on her school premises, directed by the Madras High Court. The Father of the deceased had sought direction that the postmortem should be done by a team of doctors among which one Forensic expert of his choice should be allowed. While refusing to grant stay on the re-postmortem directed by the High Court, the bench has agreed to hear the deceased girl's father's petition listing it for July 20, 2022.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli
    Case Title: RAMALIGNAM vs. THE DIRECTOR GENERAL OF POLICE & ORS.
    Click here to read more
  10. [ED summons TMC MP Abhishek Banerjee, wife] The Supreme Court agreed to hear Trinamool Congress MP Abhishek Banerjee and his wife's plea against Delhi High Court's order refusing to quash summons issued to them by the Enforcement Directorate, for final disposal on August 23 after Senior Advocate Kapil Sibal appearing on behalf of Banerjee requested Court to hear the matter on a later date.
    Bench: Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia
    Case Title: Abhishek Banerjee and Anr vs. Enforcement Directorate
    Click here to read more
  11. [Agnipath Scheme] Supreme Court has transferred the plea(s) challenging the Agnipath scheme and seeking continuation of recruitment for the forces to Delhi High Court. The court has observed that it would be appropriate if it gets a view of the High Court in this regard.
    Bench: Justices DY Chandrachud, Surya Kant and AS Bopanna
    Case Title: Harsh Ajay Singh vs.Union of India, ML Sharma vs. Union of India & Ravindra Singh Shekhawat vs. Union of India
    Click here to read more
  12. [EWS seats in Private Schools] Supreme Court stayed the order of the Delhi High Court asking the State government to fill up the unfilled seats for Economically Weaker Sections (EWS) in the next five years.
    Bench: Justices Sanjay Kishan Kaul and MM Sundaresh
    Case Title: Venkateswara Global School vs. Justice For all
    Click here to read more
  13. [Varavara Rao] Top Court has issued notice to the National Investigation Agency (NIA) in the plea filed by Bhima-Koregaon violence accused Varavara Rao. Rao has challenged a Bombay High Court order of April this year rejecting his prayer for permanent medical bail. Moreover, the interim protection granted to Rao on medical grounds has also been extended.
    Bench: Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia
    Case Title: Varavara Rao vs. NIA
    Click here to read more
  14. [Mohammad Zubair] The Supreme Court has granted interim bail to Mohammed Zubair in FIRs registered by Uttar Pradesh Police for allegedly hurting religious sentiments, fanning communal hate through inflammatory publications on microblogging website Twitter & for disrespecting Hindu Gods. Court has ordered that Zubair should be released by 6 PM from Tihar Jail, while clubbing all FIRs against him from UP & transferring them to Delhi Police Special Cell, which is already investigating a case against him.
    Bench: Justices DY Chandrachud, Surya Kant & AS Bopanna
    Case Title: MOHAMMED ZUBAIR vs. STATE OF UP & ORS.
    Click here to read more
  15. [Nagaland Civilian Killings] The Supreme Court stayed proceedings initiated against 30 army personnel in connection with the killing of 14 civilians in Nagaland's Mon district in December 2021. In the said incident, the Army’s counter-insurgency unit had opened fire at civilians mistaking them for militants, following an intelligence tip-off on the likely movement of militants.
    Bench: Justice Indira Banerjee and Justice V Ramasubramanian
    Click here to read more
  16. [Judicial vacancies] The Supreme Court dismissed a batch of petitions filed by judiciary aspirants seeking the court's direction to reschedule the state judiciary examinations as the Madhya Pradesh, Bihar, and Rajasthan judiciary examinations are scheduled on the same day. Court noted, "Filling up of judicial vacancies is of prime urgency. There appears to be some clashes of examination and earlier also some deferments took place and that too at the behest of a couple of students."
    Bench: Justice SK Kaul and Justice MM Sundresh
    Case Title: AMIT KUMAR KOHLI vs. THE HON'BLE HIGH COURT OF RAJASTHAN & ORS.
    Click here to read more
  17. [UPPCL Former MD Ayodhya Prasad Mishra] The Supreme Court dismissed the plea filed by the Central Bureau of Investigation (CBI) challenging the Allahabad High Court order whereby bail was granted to the former Uttar Pradesh Power Corporation Limited (UPPCL) Managing Director Ayodhya Prasad Mishra, accused of investing the General Provident Fund (GPF) amount of UPPCL employees in private companies.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka, and Justice JB Pardiwala
    Case Title: Central Bureau of Investigation through Director vs. Ayodhya Prasad Mishra
    Click here to read more
  18. [Maharashtra Political crisis] Supreme Court opined that some of the issues that have been raised in the petition may require the consideration of the larger bench and adjourned the batch of petitions pertaining to the Maharashtra Political Crisis to August 1, 2022.
    Bench: Chief Justice of India, Justice NV Ramana and Justices Krishna Murari and Hima Kohli
    Case Title: Eknath Shinde vs. Dy Speaker Maharashtra Legislative assembly, Sunil Prabhu vs. Principal Secretary to Government of Maharashtra and other petitions.
    Click here to read more
  19. [Delhi Municipal Elections] Supreme Court has deferred hearing in a plea filed by the Aam Aadmi Party challenging the State Election Commission's decision to postpone the Municipal Elections of Delhi and has listed the matter for July 26. After enquiring about the presence of the respondent parties, Court directed AAP to serve an advance copy to the respondents.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka, and Justice JB Pardiwala
    Case Title: Aam Aadmi Party & Ors. vs. State Election Commission
    Click here to read more
  20. [Internet Menace] The Supreme Court disposed of a batch of petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Cable Television Network (Amendment) 2021 after it was told that the rules sought to be drafted and implemented in the plea has been implemented.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka, and Justice JB Pardiwala
    Case Title: Skand Bajpai & Anr. vs. Union of India & Ors. and other connected matters
    Click here to read more
  21. [Maharashtra Local Body elections] Supreme Court directed the State Election Commission to notify all local body elections in Maharashtra within two weeks after Senior Advocate Shekhar Naphade informed the bench that the population-wise report on the percentage of other backward class people have been submitted and as per the instructions, the state has accepted the same.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka and Justice JB Pardiwala
    Case Title: Rahul Ramesh Wagh vs. State of Maharashtra
    Click here to read more
  22. [Khasgi (Devi Ahilyabai Holkar Charities) Trust] Supreme Court has set aside the directions passed by the Madhya Pradesh High Court to conduct an Economic Offences Wing investigation against the trustees of Khasgi (Devi Ahilyabai Holkar Charities) Trust, Indore. The trust has been embroiled in contentious litigation, since the year 2012, over the ownership of the 246 properties which was held by the Registrar of the Public Trusts.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka and Justice JB Pardiwala
    Case Title: The Khasagi (Devi Ahilya Bhai Holkar Charities Trust), Indore vs. State of Madhya Pradesh
    Click here to read more
  23. [Gyanvapi dispute] Top Court adjourned the plea by the Gyanvapi Mosque committee challenging the survey of the Gyanvapi complex after it decided to await the decision of the Varanasi court on the maintainability of the civil suit filed by the 5 Hindu women for the performance of Hindu worshipping rituals to the deities residing, visibly and invisibly, inside the Gyanvapi complex.
    Bench: Justices Chandrachud, Surya Kant and Narasimha
    Case Title: Committee of Management Anjuman Intezamia Masajid Varanasi vs. Rakhi Singh & Anr.
    Click here to read more
  24. [Medical Termination of Pregnancy] Supreme Court has passed an ad interim order allowing an unmarried, over 24 weeks pregnant woman to abort her pregnancy while noting that forcing the 24-year-old to suffer an unwanted pregnancy will be contrary to the intent and spirit of the law and she should not be denied the benefit merely because she is unmarried. The law currently allows termination of pregnancy till 20 weeks of gestation period and upto 24 weeks if the woman meets the stipulated eligibility criteria.
    Bench: Justices DY Chandrachud, Surya Kant and AS Bopanna.
    Case Title: X vs. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. OF NCT OF DELHI AND ANR.
    Click here to read more
  25. [Maharashtra Political Crisis] Senior Advocate Harish Salve, appearing for Eknath Shinde in petitions pertaining to Maharashtra Political crisis on Wednesday, July 20, argued before the Supreme Court that raising one’s voice in a political party without crossing the 'Laxman Rekha' is not an act of defection. He added that if there is dissatisfaction within the party and if the party feels someone else should be their leader it does not amount to defection.
    Case Title: Eknath Shinde vs. Dy Speaker Maharashtra Legislative assembly, Sunil Prabhu vs. Principal Secretary to Government of Maharashtra and other petitions.
    Click here to read more
  26. [Azam Khan] The Supreme Court has granted regular bail to Samajwadi Party Leader Azam Khan in a case of encroaching upon enemy property and using it for the construction of Mohammed Ali Jauhar University while setting aside certain conditions imposed by Allahabad High Court in an interim bail order imposing unrelated bail conditions. Court said, "The authorities must do their work, we have no objections, but this cannot be a condition for a bail order. They may take action under any other Act, we have no problem."
    Bench: Justice AM Khanwilkar and Justice JB Pardiwala
    Case Title: Mohammad Azam Khan vs. State Of U.P.
    Click here to read more
  27. [Vikas Dubey encounter] Supreme Court on Friday, July 22, directed the Uttar Pradesh government to take appropriate action on the commission of inquiry report in the encounter of gangster Vikas Dubey. A lawyer named Ghanshyam Upadhyay had filed a PIL before the Supreme Court, seeking re-constitution of a commission to inquire into the encounter of the gangster. The Court, in August 2020, had dismissed his plea and allowed for an Inquiry Commission to investigate the encounter.
    Bench: Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli
    Case Title: Ghanshyam Upadhyay vs.Union of India
    Click here to read more
  28. [Security cover to Ambanis] While hearing Union of India’s appeal against the Tripura High Court order directing the Centre to place before it files regarding threat perception and assessment report of the top industrialist and his family, Top Court permitted the Central government to continue providing security cover to Mukesh Ambani and his family.
    Bench: Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli
    Case Title: Union of India vs. Bikash Saha and Ors
    Click here to read more
  29. [Hate Speech] The Supreme Court has directed the Central Government to submit state-wise data informing which state is at which stage of compliance with the top court's earlier judgments passed to curb the issue of hate speech in the country. Court has further asked the Government not to take the matter as adversarial, but just let the court know what directions have been complied with so that the bench can take the matter further.
    Bench: Justice AM Khanwilkar, Justice Abhay S Oka and Justice JB Pardiwala
    Case Title: Ashwini Kumar Upadhyay vs.Union of India
    Click here to read more
  30. [Kallakurichi School Girl Death Case] Top Court has refused to entertain a plea by the father of the schoolgirl who died in school campus at Kallakurichi in Tamil Nadu. The girl’s death led to violence breaking out in town. The father had moved a plea asking the court to permit him to choose a doctor of his choice to be part of a team of experts to conduct a fresh postmortem on his daughter's body. The court, while refusing to entertain the plea, granted liberty to the father to approach the Madras high court and bring all the information to their notice.
    Bench: Justices Gavai and Narasimha
    Case Title: Ramalingam vs. DGP
    Click here to read more
  31. [Illegal Land Denotification Case] Top court has stayed the order of the Karnataka High Court, refusing to quash the criminal proceedings pending against former Chief Minister BS Yediyurappa under the Prevention of Corruption of Act. The criminal proceedings pertain to Yediyurappa allegedly illegally denotifying acres of land, acquired for an IT project, in the Varthur-Whitefiled IT corridor when he was Deputy Chief Minister during 2006-07.
    Bench: Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli
    Case Title: Yediyurappa vs. State of Karnataka
    Click here to read more
  32. [Females in Army] The Central Government has recently informed the Supreme Court that the Indian Army is examining a further increase in the number of Women Officers based on functional capacities of the ten arms and services without compromising on operational efficiency. The affidavit filed by Centre submits that the Army will constantly review the intake based on environmental feedback on the increase in the Women Officer cadre and will take further steps to ensure gender neutrality without impacting overall operational effectiveness.
    Case Title: Kush Kalra vs. Union of India
    Click here to read more
  33. [Smoking Age] Supreme Court dismissed a plea seeking direction for removing designated smoking zones from commercial places and airports and increasing the age of smoking, banning the sale of cigarettes near educational institutions, healthcare institutions and places of worship. The bench, while dismissing the plea remarked, "If you want publicity, argue a good case...Don't file publicity interest litigation”.
    Bench: Justices Sanjay Kishan Kaul and Sudhansu Dhulia
    Case Title: Shubham Awasthi & Anr vs. Union of India & Ors.
    Click here to read more
  34. [State Emblem Atop Central Vista] Two Advocates, Aldanish Rein and Ramesh Kumar Mishra have moved Supreme Court against the State Emblem installed at the top of the Central Vista building, alleging that it violates the description and design of the ‘State emblem’ provided under the Schedule [u/S 2(b)] of the State Emblem of India (Prohibition of Improper Use) Act, 2005. The petitioner have contended that the lions in the emblem appear to be "ferocious and aggressive" with their "mouth open and canine visible," which is in contrast with the State Emblem preserved in the Sarnath Museum, in which the lions appear to be "calm and composed."
    Case Title: Aldanish Rein & Another vs. Union of India
    Click here to read more
  35. [Plea in SC] Top Court has issued notice in a plea filed by Federation of Retail Traders Welfare Association, against the Maharashtra government's decision to make it mandatory for all shops and establishments within the State to display their signboards in Marathi. Appearing for the federation, Gopal Sankaranarayan, Sr. Adv, argued that this decision amounts to a breach of personal choice as signboards in other languages are not barred and now, there is a compulsion on the shops to put up Marathi signboards.
    Bench: Justices KM Joseph and Hrishikesh Roy
    Case Title: Federation of Retail Traders Welfare Association & Anr. vs. State of Maharashtra & Ors.
    Click here to read more​​
  36. [Marital Rape] Supreme Court has stayed the order of Karnataka High Court refusing to quash an FIR registered against husband by his wife alleging rape. The High Court had recently held that a brutal act of sexual assault on the wife, against her consent, even by the husband should be considered rape. Top court has also stayed the proceedings before the Additional City and Sessions and Special Court pertaining to the case.
    Bench: Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli
    Case Title: Hrishikesh Sahoo vs. State of Karnataka
    Click here to read more
  37. [Mohammad Zubair] In the beginning of last week, the top court had refused urgent listing of the plea filed by Co-Founder of the AltNews, Mohammad Zubair seeking direction to quash six FIRs filed against him in the State of Uttar Pradesh in connection with his tweets.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli
    Case Title: MOHAMMED ZUBAIR vs. STATE OF UP & ORS.
    Click here to read more
  38. [Mohammad Zubair] While the Supreme Court granted interim bail to Alt News Co-founder Mohammed Zubair last week, Garima Parshad, Senior Advocate and AAG to state of Uttar Pradesh told court that Mohammed Zubair's designs were apparent and for his venomous tweets, he had admittedly received monetary benefits amounting to INR 2 Crore. It was Zubair's case that even though he had been granted bail by Delhi Court in an FIR concerning allegedly derogatory tweet on Lord Hanuman and FCRA provisions, he was being subjected to the knuckles of Criminal procedure in an undue and unwarranted manner.
    ​​​​​​​Bench: Justices DY Chandrachud, Surya Kant & AS Bopanna
    Case Title: MOHAMMED ZUBAIR vs. STATE OF UP & ORS.
    ​​​​​​​Click here to read more
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