Supreme Court Weekly Round Up - News Updates [September 5-10, 2022]

Supreme Court Weekly Round Up - News Updates [September 5-10, 2022]
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By -  Aishwarya Iyer |
12 Sept 2022 11:50 AM IST
  1. [Use of Religious Symbols by Political Parties] The Supreme Court has issued notice in a plea against usage of religious symbols by political parties. Filed by one Syed Waseem Rizvi, the plea also sought cancellation of the symbol or name of such parties which symbolise any religion.
    Bench: Justices MR Shah and Krishna Murari
    Case Title: Syed Waseem Rizvi vs. Election Commission of India and Anr.
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  2. [Population Explosion] The Supreme Court issued notice in a plea seeking directions to the Union of India to frame effective rules, regulations and guidelines to control population explosion in spirit of the 24th recommendation of the National Commission to Review the Working of the Constitution (Justice Venkatchaliah Commission). The plea which also seeks a direction to the Centre to ascertain the feasibility of making the Two Child Law a criterion for government jobs, aids and subsidies, right to vote, right to contest, right to property, right to free shelter etc.
    Bench: Justices Aniruddha Bose and Vikram Nath
    Case Title: Firoz Bakht Ahmed vs. Union of India and Ors.
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  3. [ED Director's Tenure Extension] In a batch of pleas challenging the extension of the tenure of the Enforcement Directorate Director and the applicability of the Central Vigilance Commission (Amendment) Act, 2021, the Central Government has informed the Supreme Court that the petitions are clearly motivated by an oblique personal interest.
    "Other than some vague references to violation of Article 14. The Petitioner has failed to substantiate how any of her Fundamental Rights have been violated",     the affidavit reads.
    Case Title: Mahua Moitra vs. Union of India and Ors.
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  4. [Women’s Reservation Bill] A writ petition has been filed before the Supreme Court seeking a writ of mandamus to the Union of India to place the Constitution (One hundred & Eighth Amendment) Bill, 2008 or the current draft of the Women’s Reservation Bill before both the Houses of the Parliament. The said Bill was introduced as the Constitution (Eighty First Amendment) Bill, 1996, in the Lok Sabha by the United Front Government with the objective to reserve 33% seats in the Lok Sabha and all State Legislative Assemblies for women.
    Case Title: National Federation of Indian Women vs. Union of India
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  5. [Siddique Kappan] The State Government of Uttar Pradesh opposed the bail plea moved by UAPA accused Siddique Kappan before the Supreme Court while stating that the investigation in the Hathras conspiracy case has revealed Kappan's deep link with the Popular Front of India (PFI), an extremist organisation.
    "High Court has meticulously considered the chargesheet, case diaries and evidences against the Petitioner before finding a prima facie case is made out and only then rightly refused bail,"     the affidavit further reads.
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  6. [Mohammad Zubair] The Supreme Court has clarified that the Hatemonger tweet case registered against fact-checker and co-founder of Alt News Mohammad Zubair shall be heard by the Delhi High Cout without being influenced by the Allahabad High Court’s order denying to quash the First Information Report (FIR) lodged against him. On July 20th, the Supreme Court had granted interim bail to Zubair in FIRs registered by Uttar Pradesh Police and had further ordered that all FIRs against him from UP shall be clubbed & transferred to Delhi Police Special Cell, which is already investigating a case against him.
    Bench: Justices Chandrachud and Kohli
    Case Title: MOHAMMED ZUBAIR vs. STATE OF UP & ORS
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  7. [Sutlej Yamuna Link Canal] While hearing a matter on the issue of Sutlej Yamuna Link Canal (SYL) between Haryana and Punjab, the Supreme Court has asked the Union Jal Shakti Ministry to call a meeting of the Chief Ministers of the respective States. The Court ordered for the age-old matter to be settled amicably. Further, a report on the progress made on the issue was also sought for.
    Bench: Justice Sanjay Kishan Kaul, Justice Abhay S Oka and Justice Vikram Nath
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  8. [EWS seats in private schools] The Supreme Court has set aside a Delhi High Court order whereby it had directed the State to ensure that 25% seats in the Economically Weaker Section (EWS) category students shall be filled up based on declared sanctioned strength at the entry-level irrespective of the actual number of students admitted in the General category. While doing so, the top court exclaimed, “We are unable to appreciate how clause 4 of the impugned order dated 26.05.2022 can be worked out even if the schools are at default for the earlier period of years as the same cannot be compensated in this manner by an interim order".
    Bench: Justice Sanjay Kishan Kaul and Justice Abhay S. Oka
    Case Title: Venkateshwar Global School vs. Justice For All and Ors.
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  9. [Waqf Act] In view of the 55 similar matters pending before the Supreme Court likely to be listed for final hearing, Advocate Ashwini Upadhyay has sought transfer of his petition challenging constitutional validity of the Waqf Act, 1995 from Delhi High Court to the Supreme Court. Upadhyay has challenged the validity of provisions of the Waqf Act, 1995 on the ground that they are "unfair" and "arbitrary", as there are "no similar laws for any other religious community in India". His petition inter alia contends that the Act is antithetical to secularism in India.
    Case Title: Ashwini Kumar Upadhyay vs. Union of India & Ors.
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  10. [Prophet Remarks Row] Supreme Court declined to entertain a plea seeking direction to arrest suspended BJP leader Nupur Sharma for her remarks against Prophet Muhammad. Sharma while speaking live in a TV debate on the Gyanvapi Mosque issue, made certain comments on Prophet Mohammed, which triggered a row. Just last month, the Supreme Court had permitted the transfer of all the present and future FIRs against Nupur Sharma to the Delhi police.
    Bench: CJI UU Lalit with Justices S Ravindra Bhat and PS Narasimha
    Case Title: Abu Sohel vs. Nupur Sharma and Ors
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  11. [Bilkis Bano Rape Case] Supreme Court has issued Notice to all 11 persons released by the Gujarat Government (earlier) on Remission. The 11 persons were convicted for rape and murder charges, during the Gujarat Riots. The petition filed by the Communist Party of India leader Subhashini Ali and Member of Lok Sabha Mahua Moitra had challenged the release. Court while issuing notice in the matter had said, "Merely because the act was horrific, is that sufficient to say remission is wrong? Day in and day out remission is granted to convicts of life sentence, what is the exception?"
    Bench: Justice Ajay Rastogi and Justice B.V Nagarathna
    Case Title: Subhashini Ali vs. The State of Gujarat & Anr.
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  12. [Places Of Worship Act] In the plea challenging the provisions of the Places of Worship Act 1991, the Supreme Court today sought Centre’s response in the plea, and placed the issue before a larger bench.
    Bench: CJI U.U. Lalit, Justice S. Ravindra Bhat and Justice Pamidighantam Sri Narasimha
    Case Title: Batch of petitions
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  13. [Hathras Conspiracy] The Top Court on Friday, September 9, granted bail to UAPA accused Siddique Kappan in the Hathras conspiracy case. Allegedly Kappan sought to incite riots on way to the Hathras Gangrape site under the garb of journalism. Court directed Kappan to be produced before the Trial Court within 3 days to decide the conditions required to be imposed so as to effect his presence before the court.
    Bench: CJI UU Lalit with Justices S Ravindra Bhat and PS Narasimha
    Case Title: Siddique Kappan vs. State of Uttar Pradesh
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  14. [RTI] Supreme Court last week dismissed a plea seeking to bring the Supreme Court of India under the ambit of Right to Information. The plea by a 5th year law student, Ramey Krishna Rana challenged the non-availability of the Supreme Court and the Indian Judiciary over the RTI online portal even after 8 years of its enactment. The petition also called for a self-contained portal for the Indian judiciary in case the Apex Court cannot be made available over the RTI online portal of Government of India.
    Bench: CJI UU Lalit with Justices S Ravindra Bhat and PS Narasimha
    Case Title: Ramey Krishan Rana vs. Union of India and Ors.
    Click here to read more
  15. [Plea challenging insertion of Socialist, Secular in Pramble] Seeking the Supreme Court's indulgence in nipping in the bud the tendency to rewrite the constitutional ethos of this nation, Communist Party of India Member Binoy Viswam has filed an impleadment application in the plea challenging the constitutional validity of the words "Socialist" and "Secular" inserted under Section 2 of the 42nd Amendment Act, 1976 in the Preamble to the Constitution of India. Viswam has thus requested the Court to see the present petition as an absolute abuse of the process of law, devoid of merit and dismiss it with exemplary costs.
    Case Title: Subramanian Swamy and Another vs. Union of India and Another
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  16. [Internet Shutdown Protocol] The Supreme Court has issued notice to the Ministry of Electronic and Information Technology in a plea seeking direction to States to not suspend Internet services on the grounds of preventing cheating in competitive examinations and for other such routine administrative reasons. Court has 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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  17. [Places of Worship Act] Maharaja Kumari Krishna Priya-the daughter of Kashi Naresh Vibhuti Narayan Singh who is the current titular head of the erstwhile Royal Family of Kashi has filed an Intervention Application in the plea challenging the Places of Worship (Special Provisions) Act, 1991 (the Act) before the Supreme Court. Krishna Priya has moved the application stating that since the former Ruler of the Princely State of Kashi was the Chief Patron of all Temples in Kashi, she, on behalf of the Kashi Royal Family, has the
    locus     to challenge the vires of the Act on grounds of violation of Articles 25, 26, 29 and 32 of the Constitution.
    Case Title: Ashwini Kumar Upadhyay vs. Union of India and Ors.
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  18. [Maradu Demolition] While recognizing the efforts of (Retd.) Justice Thottahil B. Nair Radhakrishnan, in the enquiry of persons responsible for the illegal construction of the buildings in Maradu, Kochi, the Supreme Court directed Kerala government to pay Rs. 10 Lakhs to Justice Radhakrishnan as a fee for Maradu flats Commission. The Bench of Justice L Nageswara Rao and Justice BD Gavai had appointed (Retd.) Justice Thottahil B. Nair Radhakrishnan, to carry out an enquiry into the matter.
    Click here to read more
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