Supreme Court Weekly Round Up - News Updates [September 26- October 1, 2022]

Supreme Court Weekly Round Up - News Updates [September 26- October 1, 2022]
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By -  Aishwarya Iyer |
3 Oct 2022 10:55 AM IST
  1. [Debar Ministers] The Supreme Court has dismissed a petition filed by Advocate Ashwini Upadhyay, seeking a declaration that a Minister, should be temporarily debarred from holding office, after spending 2 days in judicial custody. The Bench opined, "Your research is fabulous, but we unfortunately, cannot do that", since doing that would mean the Court transcending the concept of separation of power.

    Bench: CJI U.U. Lalit with Justices Ravindra Bhat and J.B. Pardiwala
    Case Title: Ashwini Kumar Upadhyay vs. Union of India and Ors.
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  2. [Drug Mafia] The Supreme Court heard a matter pertaining to the drug menace and the spread of drug mafias networks in the country and converted the office note which was before the then CJI, NV Ramana (17-11-2021), into a suo motu writ petition. Court also appointed Senior Advocate Shoeb Alam, to assist the Court as an Amicus Curiae.
    Bench: CJI U.U. Lalit with Justices Ravindra Bhat and J.B. Pardiwala
    Case Title: In Re The Menace of Drug Mafia Network Operating in the Country
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  3. [Challenge to UAPA] The Supreme Court, while hearing a plea, challenging the validity of the provisions of Unlawful Assembly Protection Act, 1967 (UAPA), listed the matter for 18th October. Senior Advocate Arvind Datar appeared for the petitioners, and apprised the Court of two more connected matters, wherein two journalists who are directly affected by the provisions of the Court.
    Bench: CJI U.U. Lalit with Justices Ravindra Bhat and J.B. Pardiwala
    Case Title: Foundation of Media Professionals and Union of India and Ors.
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  4. [Surrogacy Laws] The Supreme Court has issued notice in a Public Interest Litigation (PIL) challenging the vires of the Surrogacy Act, 2021 and the Assisted Reproductive Technology Act, 2021 on the ground that apart from having implementational hurdles, the same are arbitrary and discriminatory, a direct infringement upon the right to privacy guaranteed by law, as well as against the reproductive rights of women, and hence violative of Articles 14, 15(1) and 21 of the Constitution.
    Bench: Justice Ajay Rastogi and Justice CT Ravikumar
    Case Title: Arun Muthuvel vs. Union of India
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  5. [Narayan Rane Juhu Bungalow demolition] The Supreme Court dismissed an SLP filed by Union minister Narayan Rane challenging the Bombay High Court's recent order directing the Municipal Corporation of Greater Mumbai to demolish the unauthorized construction carried out by him at his Juhu bungalow. Court granted three months' time to Rane to bring the residential building in compliance with the applicable laws, failing which the Impugned Judgement of the Bombay High Court will be implemented.
    Bench: Justices SK Kaul and Abhay S Oka
    Case Title: Kaalkaa Real Estates Private Limited & Anr. vs. Municipal Corporation of Greater Mumbai & Ors.
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  6. [Demonetisation] A Constitution bench of the Supreme Court was scheduled to hear a plea filed in 2016 challenging the Central government’s demonitisation decision. The plea filed way back in 2016, sought quashing of the government’s decision to demonetise Rs 1,000 and Rs 500 currency notes on grounds that it infringed on citizens’ right to life and to trade.
    Bench: Justice V Ramasubramanian, Justice BR Gavai, Justice Abdul Nazeer, Justice AS Bopanna, Justice BV Nagarathna
    Case Title: Vivek Narayan Sharma vs. Union of India
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  7. [EWS quota] In a petition (along with a batch of other petitions as connected matters) challenging the 103rd Constitutional Amendment that introduced 10% reservation for Economically Weaker Sections (EWS) in higher education and government jobs, the Supreme Court has reserved its judgment after hearing the parties for over a week.
    Bench: Chief Justice of India UU Lalit with Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala
    Case Title: Janhit Abhiyan vs Union of India
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  8. [Stray Dog attacks] The State of Kerala has approached the Supreme Court seeking a permit to euthanize or cull violent and vicious stray dogs, in particular, those dogs which are suspected of having contracted rabies. It is the State government's case that while the State Act and Rules provide for ‘destruction of dogs’ that are violent or rabid, no culling is being undertaken currently as it is regarded as contrary to the Central Rules.
    Case Title: Anupam Tripathi vs. Union of India & Ors.
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  9. [Govt Advertisements] The Supreme Court has issued notice in a plea seeking to restrain state governments from using public funds on government advertisements. The plea stated that public funds are being used in ways that are completely malafide and arbitrary and amount to breach of trust, abuse of office, violation of the directions/guidelines issued by this court and violation of fundamental rights of citizens under Article 14 and 21 of the Constitution of India.
    Bench: Justices DY Chandrachud and Hima Kohli
    Case Title: Common Cause vs. Union of India and Ors.
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  10. [J&K Reservation Act] The Supreme Court while hearing a plea challenging the provisions of Jammu and Kashmir Reservation Act, 2005, further seeking a declaration to hold the provisions to be illegal and unconstitutional, permitted the petitioner to withdraw the plea. The Court considering a gap of 16 years, and the reorganisation of the State into a territory and hence the developments since then, was of the opinion that there wasn't a need for the plea to still be in existence.
    Bench: CJI U.U. Lalit, Justice Ravindra Bhat and Justice J.B. Pardiwala
    Case Title: Munilal and Ors vs. The State of Jammu and Kashmir and Anr.
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  11. [Punjab CM Beant Singh assassination] The Supreme Court has sought the Central Governments' response on the mercy petition filed by death-row convict Balwant Singh Rajoana who had been held guilty in the former Punjab Chief Minister Beant Singh assassination case. CJI UU Lalit led bench has asked the Centre to submit its decision within one day. Court ordered that an affidavit be filed by a responsible officer by tomorrow.
    Bench: CJI U.U. Lalit, Justice Ravindra Bhat and Justice J.B. Pardiwala
    Case Title: Balwant Singh vs. Union of India and Ors.
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  12. [Demonetisation] In a matter where the validity of Demonetisation, and the implementation of the same was challenged, stating that the rights of the citizens to life and to trade was impinged, Court has asked the Counsels to come back on 12th October, when it will decide whether it has become an education matter or not. Further the Court showed concerns why a Constitution Bench is to address problems that an individual faced in exchanging the notes.
    Bench: Justice V Ramasubramanian, Justice BR Gavai, Justice Abdul Nazeer, Justice AS Bopanna, Justice BV Nagarathna
    Case Title: Vivek Narayan Sharma vs. Union of India
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  13. [Plea in SC] A division bench of the Supreme Court issued notice in a petition seeking a direction to the Union of India to take appropriate steps to debar the person from contesting election, against whom charges have been framed in serious offences. It is Upadhyay's argument that the injury caused to people is large because criminalization of politics is at extreme level and political parties are still setting-up candidates with serious criminal antecedents which leads to voters finding it difficult to cast their vote freely and fairly though it is their fundamental right, guaranteed under Article 19.
    Bench: Justices KM Joseph and Hrishikesh Roy
    Case Title: Ashwini Kumar Upadhyay vs. Union of India and Ors.
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  14. [Stray Dog Attacks] A plea has been filed before the Supreme Court seeking a direction for constituting an independent expert committee to study the efficacy of the Intra Dermal Rabies Vaccines currently being administered to Humans, on account of the number of deaths that have occurred despite timely administration of the vaccines. The petition also seeks constitution of an independent expert committee to study the effectiveness of the Rabies Veterinary Vaccine administered to dogs in India, given the rise in the number of rabies cases.
    Case Title: Kerala Pravasi Association through its President and Anr vs. Union of India and Anr.
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  15. [Bhima Koregaon] The Supreme Court, in a plea filed by Gautam Navlakha, seeking house arrest, was of the opinion that the fundamental rights of an individual are of utmost importance. On the basis of the same, Court directed to take him to a hospital of his choice, immediately for a thorough check up, and receive further treatment.
    Bench: Justices KM Joseph and Hrishikesh Roy
    Case Title: Gautam Navlakha vs. National Investigation Agency and Anr.
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  16. [Termination of Pregnancy of Unmarried Women] A Bench of the Supreme Court recognised a series of life changing facets that women from every walk of life face. The Court held that even unmarried women are eligible to seek termination of pregnancy of 20-24 weeks, from a consensual relationship-to extend benefit of Rule 3B(b) Medical Termination of Pregnancy Rules, to all women under 18 years of age-meaning of rape to include marital rape .
    Bench: Justices Dr. D.Y Chandrachud, A.S. Bopanna and J.B. Pardiwala
    Case Title: X vs. The Principal Secretary Health and Family Welfare Department Govt. of NCT of Delhi and Anr.
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  17. [Adultery under Army Act] The Supreme Court while hearing a Union Government's clarification application where the subject matter was the acts of adultery by army personnel, questioned whether it would amount to indiscipline under the light of Joseph Shine judgment. The question raised was, "what amounts to discipline and indiscipline in the army? And what is unbecoming of the conduct. "
    Bench: Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar Case Title: Joseph Shine vs. Union of India
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  18. [Emblem on Central Vista] The Supreme Court while dismissing a plea filed by two lawyers challenging the design of the national emblem (lions) as under the State Emblem of India (Prohibition of Improper Use) Act, 2005, atop the new Central Vista building was of the opinion none of the provisions of the Act were violated. The Bench was further of the opinion that it depends on the the perception of an individual, as to how and what image a person perceives in his mind, on the contention of lions appearing to be 'ferocious' and 'aggressive'
    Bench: Justice MR Shah and Justice Krishna Murari,
    Case Title: Aldanish Rein & Another vs. Union of India
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  19. [Plea in SC] A petition has been filed before the Supreme Court seeking appointment of a fact-finding committee to know the true history of the Taj Mahal, stating that it is the "fundamental right of citizens to know the truth". The plea has challenged the Allahabad High Court order dismissing the PIL seeking direction for the opening of 22 locked rooms at the Taj Mahal.
    Case Title: Dr. Rajneesh Singh vs. Union of India & Ors.
    Click here to read more
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