Supreme Court Weekly Round Up - Vacation Bench [July 4-9, 2022]

Supreme Court Weekly Round Up - Vacation Bench [July 4-9, 2022]
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By -  Aishwarya Iyer |
11 July 2022 11:33 AM IST
  1. [Agnipath Scheme] Supreme Court has agreed to hear plea seeking direction to the Union of India through its Ministries and Department of Military Affairs for reconsideration of the ‘Agnipath’ Scheme. Court listed the matter after vacations. The plea has sought a direction for constitution of a committee for providing inputs to the Department of Military Affairs, Ministry of Defence and also to invite the suggestions of the stakeholders, job aspirants of armed forces and of retired Army officers for amendments to Agnipath Scheme for providing Job Opportunities to 75% Agniveers, post-retirement.
    Bench: Justice Indira Banerjee and Justice JK Maheshwari
    Case Title: Harsh Ajay Singh vs. UoI
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  2. [AIADMK] Supreme Court has agreed to hear a plea challenging the order of a Division Bench of the Madras High Court whereby it had prevented the All India Anna Dravida Munnetra Kazhagam (AIADMK) party from taking decisions on internal party affairs. In the SLP filed before the Top Court, it has been alleged that the division bench has erroneously interfered with the internal working mechanism of AIADMK.
    Case Title: Thiru K Palaniswamy vs. M. Shanmugam & Ors.
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  3. [Maharashtra Political Crisis] Dr. Abhishek Many Singhvi, Senior Advocate, mentioned a plea challenging the action of the newly elected Maharashtra Assembly Speaker recognizing Bharat Gogwale as Shiv Sena Chief Whip. The court has agreed to list the matter for hearing on July 11, 2022 along with other pleas pertaining to the Maharashtra Political Crisis. Singhvi said that the speaker has no jurisdiction to recognise the whips. He further argued that this act of the speaker changed the status quo of proceedings.
    Bench: Justice Indira Banerjee and Justice JK Maheshwari
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  4. [Nupur Sharma] Supreme Court refused urgent listing of a plea seeking arrest of former BJP spokesperson Nupur Sharma. The counsel for the petitioner mentioned the matter before the bench saying that the plea pertains to her alleged statement on TV on Prophet Mohammad.
    Bench: Justice Indira Banerjee and Justice JK Maheshwari
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  5. [Rohit Ranjan Case] Zee TV Anchor Rohit Ranjan has filed a petition in the Supreme Court challenging the FIRs registered against him pertaining to the misrepresented video of Congress leader Rahul Gandhi. The matter was mentioned by Senior Advocate Siddharth Luthra.
    Bench: Justice Indira Banerjee and Justice JK Maheshari
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  6. [Espionage allegations] Four senior Army officers have petitioned the Supreme Court claiming that military authorities have breached their constitutional right to privacy by seizing their cell phones for an espionage inquiry before suspending three of them for moral reasons.
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  7. [Hatemonger Tweet case] Supreme Court agreed to list Alt News co-founder Mohammad Zubair’s plea challenging
    Allahabad High Court’s order     refusing to quash the First Information Report (FIR) lodged against him over his tweet. Zubair had allegedly called Bajrang Muni a 'hate monger' and insulted Yati Narsinghanand and Anand Swaroop in his tweets.
    Bench: Justices Indira Banerjee and J.K.Mahshwari
    Case Title: Mohammed Zubair vs. State of UP
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  8. [Hatemonger Tweet case] Supreme Court has granted interim bail of five days to Mohammed Zubair after hearing the plea by Alt News co-founder challenging Allahabad High Court’s order refusing to quash the First Information Report (FIR) lodged against him over his tweet. The FIR against Zubair was lodged on June 1 under Sections 295-A of the Indian Penal Code and Section 67 of the Information Technology Act, 2000, alleging that on May 27, a tweet was posted by Zubair where he used the offensive term "hate mongers" against the manager of revered religious place Badi Sanghat and National Patron of National Hindu Sher Sena, Mahant Bajrang Muni.
    Bench: Justices Indira Banerjee and J.K.Mahshwari
    Case Title: Mohammed Zubair vs. State of UP
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  9. [Hatemonger Tweet case] Solicitor General Tushar Mehta while objecting to the grant of interim bail to Alt News co-founder Mohammed Zubair, argued that the police are not investigating just one tweet, but his overall conduct. SG objected to the plea by stating that many facts have been wilfully suppressed before the court. He submitted that a court in Sitapur had dismissed his bail plea in the case in the morning of July 7, however, in an affidavit filed in the evening, it was not revealed. SG argued that the court should not tolerate such a conduct. He further informed the court that the order refusing to grant bail to Zubair might have been set aside by the court without even being challenged.
    Bench: Justices Indira Banerjee and J.K.Mahshwari
    Case Title: Mohammed Zubair vs. State of UP
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  10. [Rohit Ranjan] Top court has restrained the authorities from taking TV anchor Rohit Ranjan into custody in FIRs registered against him pertaining to the misrepresented video of Congress leader Rahul Gandhi. Court also issued notice in the plea. Ranjan had approached the court Ranjan for quashing of FIRs, clubbing of the multiple FIRs filed against him, and protection against coercive measures.
    Bench: Justices Indira Banerjee and J.K.Mahshwari
    Case Title: Rohit Ranjan vs. Union of India
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  11. [Goa Panchayat Elections] Supreme Court has refused to interfere with the order of the Bombay High Court at Goa directing Goa Panchayat elections to be held within 45 days. The High Court, on June 28, 2022 quashed the decision of the Goa government to postpone elections to 186 Village Panchayats. The court had further directed the state to issue a notification announcing the date of the panchayat elections within three days.
    Bench: Justices Dinesh Maheshwari and Krishna Murari
    Case Title: State of Goa vs. Sandeep Vazarkar & Ors
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  12. [Actor Vijay Babu] Supreme Court refused to interfere with the anticipatory bail allowed by the Kerala High Court to cinema artist cum producer Vijay Babu in a rape case registered against him by an actress, however, modified the bail conditions. Modifying the bail
    order    , court has allowed the investigation to be conducted even after July 3, 2022 stating that "We make it clear that the respondent may be interrogated beyond July 3, 2022, if necessary."
    Bench: Justice Indira Banerjee and Justice JK Maheshwari
    Case Title: XXX vs. Vijay Babu & Ors.
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  13. [AIADMK] Supreme Court has stayed the order of Madras High Court restraining All India Anna Dravida Munnetra Kazhagam general council from amending bye-laws pertaining to unitary leadership. A Division Bench of
    Justice Doraiswamy and Justice Sundar Mohan     which heard the matter well past midnight on June 22-23 had reversed an order of the single judge bench refusing to prevent the party from making any amendments to its bye-laws.
    Bench: Justices Dinesh Maheshwari and Krishna Murari
    Case Title: K. Palanisamy vs. Shanmugam & Ors
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