Supreme Court Weekly Round Up - News Updates [September 12-17, 2022]

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  1. [Dharam Sansad Hate Speech Case] Supreme Court has granted bail to Jitendra Tyagi aka Wasim Rizvi in a matter pertaining to the alleged hate speech at Haridwar Dharam Sansad that happened in December last year. Court noted that co-accused in the case was already out on bail and the chargesheet was filed after investigation. Recently, the court had ordered Tyagi, to surrender on or before September 2, 2022 in light of the end of the 3 months of medical bail which was granted to him.
    Bench: Justices Ajay Rastogi & BV Nagarathna
    Case Title: Jitender Narayan Tyagi vs. State of Uttarakhand & Anr.
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  2. [Internet Shutdown Protocol] The Supreme Court last week issued notice to the Ministry of Electronic and Information Technology in a plea seeking direction to States to not suspend Internet services on ground of preventing cheating in competitive examinations and for other such routine administrative reasons. Court asked the Ministry to file an affidavit indicating whether there is any standard protocol with respect to the grievance raised by the petitioner.
    Bench: CJI UU Lalit led bench
    Case Title: Software Freedom Law Centre vs. State of Arunachal Pradesh and Ors
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  3. [CAA] The Supreme Court last week remarked that it will refer the pleas challenging the Citizenship (Amendment) Act, 2019 (CAA) to a three-judge bench. Court added that more instructions on the matter will be issued on October 31st. Court has also issued a bunch of directions for the completion of procedural formalities in the case.
    Bench: CJI UU Lalit and Justice S Ravindra Bhat
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  4. [Right to be elected] In the matter where the petitioner claimed that he was not allowed to file his nomination without a proper proposer proposing his name, Supreme Court reiterated that an individual cannot claim that he has a right to contest election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act. Court while dismissing the special leave petition also imposed a cost of Rs.1,00,000/-.
    Bench: Justice Hemant Gupta and Justice Sudhanshu Dhulia
    Case Title: Vishwanath Pratap Singh vs. Election Commission of India and Anr.
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  5. [Non-payment of Stipend] On Monday, September 12th, Supreme Court issued notice in a plea for non-payment of stipend to students who completed their MBBS, from the Army College of Medical Sciences (ACMS), New Delhi. On finding a situation where medical students were unpaid, Justice Chandrachud exclaimed, "You know, these students are the ones who complete their MBBS from ACMS, and are not given stipends for internships. Why?".
    Bench: Justice DY Chandrachud and Justice Hima Kohli
    Case Title: Abhishek Yadav and Ors. vs. Army College of Medical Sciences and Anr.
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  6. [Hate Speech] The Election Commission of India(ECI) has informed the Supreme Court that it has not been conferred with the power to derecognise a political party or to disqualify its members if the party or its members commit the offence of hate speech. The affidavit further stated that no relief has been claimed by the petitioner in the Writ Petition as against the Election Commission of India.
    Case Title: Ashwini Kumar Upadhyay vs. Union of India
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  7. [Plea in SC] A Public Interest Litigation (PIL) has been filed before the Supreme Court seeking a writ, order or direction for the State Governments to formulate rules for registration of Sikh marriages under the Anand Marriage Act, 1909. While various States and UTs have already framed rules for registration of Sikh marriages under the Anand Marriage Act, 1909, still many have not notified the said rules as mandated by section 6 of the Anand Marriage Act, 1909, the plea adds.
    Case Title: Amanjot Singh Chadha vs. Union of India and Ors.
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  8. [BCCI] The Supreme Court has allowed the Board of Control for Cricket in India (BCCI) to amend its Constitution relating to the mandatory three-year cooling-off period after one term for office-bearers like the president, secretary among others. Court allowed the prayer noting that the amendment would not dilute the original objective of the organisation.
    Bench: Justices DY Chandrachud and Hima Kohli
    Case Title: The Board of Control for Cricket in India vs. Cricket Association of Bihar
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  9. [Nupur Sharma Controversy] Supreme Court directed that all interim orders granted in the matters pertaining to Times Now anchor Navika Kumar's plea for quashing of the criminal proceedings initiated against her in different States in connection with the remarks made by former BJP spokesperson Nupur Sharma against Prophet Muhammad would continue.
    Bench: Justice M.R. Shah and Justice Krishna Murari
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  10. [Marital Rape] The Supreme Court issued notice in the appeal filed against the split verdict pronounced by the Delhi High Court in the cases pertaining to the issue of criminalization of marital rape challenging the exception 2 of Section 375, Indian Penal Code as much as it excludes married women from filing rape charges against her husband. The matter is likely to be heard in February 2023.
    Bench: Justices Ajay Rastogi and BV Nagarathna
    Case Title: Khushboo Saifi vs. Union of India & Ors.
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  11. [Ukraine return medical students] The Supreme Court suggested to the Central Government that it may assist the medical students, who returned to the country from Ukraine in view of the war with Russia, by creating a web portal giving details of foreign universities, where they could complete their courses as per the government’s Academic Mobility Programme. Recently, the Centre filed an affidavit in the matter stating that the petitioner students cannot be accommodated in medical colleges in India for lack of provisions under the law.
    Bench: Justices Hemant Gupta and Sudhanshu Dhulia
    Case Title: Parthvi Ahuja & Prapti Singh vs. Union of India & Ors.
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  12. [Remission] Supreme Court while hearing a petition for remission, granted liberty to the appellant to move an application, considering that he has already undergone 17 years of imprisonment. The matter dated back to the year 2006, when the petitioner was serving at a field area on active service with 55 Rashtriya Rifles (Grenadiers). It was alleged that he intentionally caused the death of Nb Subedar Gurmail Singh and L/Nk Lokendra Singh of 55 Rashtriya Rifles, by firing at them, who died as a result of the gunshot wound.
    Bench: Justice DY Chandrachud and Justice Hima Kohli
    Case Title: Updesh Kumar vs. Union of India and Ors. 
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  13. [Hijab Ban] Last week the Supreme Court continued to hear the petitioners in the Hijab matter, which challenged the Karnataka High Court judgment, restricting Hijabs in Pre-University Colleges. On the Karnataka High Court Judgment, Senior Advocate Colin Gonsalves commented, “The judgment of the High Court is from a perception of the majority community where the minority view is seen very partially, It is a majoritarian judgment. It does not have constitutional independence”. 
    Bench: Justice Hemant Gupta and Justice Sudhanshu Dhulia
    Case Title: X vs. State of Karnataka
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