Supreme Court Weekly Round Up - Vacation Bench [June 20-25, 2022]

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  1. [MLC Polls] Supreme Court dismissed the plea filed by NCP leader Nawab Malik and former Home Minister Anil Deshmukh, seeking permission to cast their votes in the legislative council election. The plea challenged the Bombay High Court order passing a similar order. Both Malik and Deshmukh are in custody for cases involving money laundering offences.
    Bench: Justice Ravikumar and Justice Sudhanshu Dhulia
    Case Title: Nawab Malik vs. ED
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  2. [NCLT Members] Top Court refused to pass interim orders in a plea by National Company Law Tribunal Bar Association challenging the notification that fixed the tenure of National Company Law Tribunal Members at 3 years. Bar Association had moved an urgent application contending that in absence of an interim order, some of the appointees would have to demit office in July 2022. The contention of the Bar Association is that the tenure should be a period of five years.
    Bench: Justice Ravikumar and Justice Sudhanshu Dhulia
    Case Title: NCLT Bar Association vs. Union of India
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  3. [PIL in SC] Another Public Interest Litigation in the Supreme Court has challenged the constitutionality of Section 2(c) of the National Commission for Minority Educational Institutions Act 2004, claiming that it is arbitrary, illogical, and in violation of the Articles of the Constitution. The plea states that the majority view in the TMA Pai case highlighted that states can decide a community's minority status, but this does not negate the power of the Central Government under Section 2(c) of the National Commission of Minorities Act.
    Case Title: Chandra Shekhar vs. Union of India & Ors.
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  4. [Plea in SC] A petition has been filed in the Supreme Court seeking removal of Indian Army chief General Manoj Pande, Indian Air Force chief Air Chief Marshal VR Chaudhari, and Chief of Naval Staff Admiral R Hari Kumar from services immediately for allegedly giving statements to electronic media, TV, and social media violating the Army Rules 1954 over Agnipath Scheme.
    Case Title: CR Jaya Sukin vs. Union of India & Ors.
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  5. [Sukash Chandrashekar] The Solicitor General of India Tushar Mehta informed the Supreme Court that alleged conman Sukash Chandrashekar has impersonated Law Secretary and Home Secretary to call the judges. He further informed the court that models visited Chandrashekar in jail with the help of authorities, however action has been taken against them. Chandrashekar had moved the Supreme Court stating that there is a threat to his life at Tihar since many officials of the jail have been arrested for taking bribes from him
    Bench: Justice CT Ravikumar and Justice Sudhanshu Dhulia
    Case Title: Sukash Chandra Shekar vs. Union of India
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  6. [PIL before SC] A PIL has been filed before the Top Court seeking a direction to the Union of India through its Ministries and Department of Military Affairs for reconsideration of the ‘Agnipath’ Scheme. The plea also seeks a direction for the 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 of job aspirants of armed forces and of the retired Army officers for amendments to Agnipath Scheme for providing Job Opportunities to 75% Agniveers, post-retirement.
    Case Title: Harsh Ajay Singh vs. Union of India and Ors
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  7. [Agnipath Scheme] The Central Government has filed a caveat over a perception that petitions will be filed challenging the recently introduced Agnipath Recruitment Scheme for recruitment in the Indian defence divisions i.e. the Indian Army, Indian Navy, and Indian Air Force. Notably, 3 petitions have already been filed challenging the Agnipath Recruitment Scheme to date. The latest plea over the issue is seeking direction to the Union of India through its Ministries and Department of Military Affairs for reconsideration of the ‘Agnipath’ Scheme.
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  8. [UP Demolitions] The Uttar Pradesh Government in its response to the application filed by Jamiat Ulama-I-Hind against the recent demolitions of alleged illegal constructions the State has said that the demolitions carried out by the Kanpur and Prayagraj Development Authority were strictly in compliance with the UP Urban Planning and Development Act, 1973. The affidavit filed by the Uttar Pradesh Government submits that the Jamiat Ulama-I-Hind has cherry-picked a few incidents and has attempted to give a mala fide color to the lawful action.
    Case Title: Jamiat Ulama I Hind and Anr. vs. Union of India and Ors.
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  9. [Maharashtra Politics] In view of the political situation in Maharashtra, an application has been filed in the Supreme Court seeking urgent direction in a pending plea seeking direction to restrain those MPs/MLAs from contesting election for 5 years who have resigned or are disqualified from the legislative assembly. The application submits that political parties are taking disadvantage of the prevalent situation and continuously destroying the Elected Government in various States of the Country.
    Case Title: Jaya Thakur vs. Union of India & Anr.
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  10. [NEET] Supreme Court dismissed a plea seeking declaration of 92 in-service quota seats in NEET super speciality surrendered by Tamil Nadu as newly added seats. Court relied on its order from May 2022, wherein it had allowed mop-up round for all the unfilled, stray, vacant super-speciality seats and had further barred any doctor who had joined seats earlier from participating in the mop-up round.
    Bench: Justices Ravikumar and Sudhanshu Dhulia
    Case Title: Kaviyarasan vs. Union of India
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  11. [Conman Sukash Chandrashekar] Additional Solicitor General SV Raju, today, told the Supreme Court that alleged conman Sukash Chandrashekar can be shifted to Mandoli Jail in Delhi after Chandrashekar requested being shifted out of Tihar jail alleging a threat to his life as many officials of the jail have been arrested for taking bribes from him.
    Bench: Justices Ravikumar and Sudhandhu Dhulia
    Case Title: Sukash Chandra Shekar vs. Union of India
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  12. [Zakia Jafri-Gujarat Riots] Supreme Court dismissed the plea by Zakia Jafri challenging the ‘clean chit’ given to then Chief Minister Narendra Modi by the Supreme Court appointed Special Investigation Team (SIT) in the 2002 Gujarat Riots. Court has observed that the plea by Zakia is devoid of merit. While dismissing the challenge to the clean chit to Narendra Modi in Gujarat Riots, Top Court today observed that the said proceedings were pursued for the last 16 years to "keep the pot boiling, obviously, for ulterior design". Wrapping its knuckles on such abuse of process, Court has added that those involved need to “be in the dock and proceeded with in accordance with law.” Court has also appreciated the SIT for the indefatigable work done in the challenging circumstances they had to face.
    Bench: Justices Khanwilkar, Dinesh Maheshwari and CT Ravikumar
    Case Title: Zakia Ahsan Jafri and Anr vs. State of Gujarat and Anr
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  13. [Amir Magrey] A petition has been filed in the Supreme Court challenging the Jammu & Kashmir and Ladakh High Court order staying the single judge's order wherein the Central Government authorities were directed to exhume the body of Amir Magrey, one of the four persons killed during an encounter in Srinagar’s Hyderpora area in November 2021. The plea was mentioned today by Senior Advocate Anand Grover and is likely to be listed on Monday.
    Bench: Justice CT Ravikumar and Justice Sudhanshu Dhulia
    Case Title: Latief Magry vs. The Union Territory of Jammu and Kashmir & Ors.
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  14. [Gujarat Riots] Supreme Court while dismissing the plea challenging the clean chit given to Narendra Modi in the Gujarat riots that followed the Godhra Carnage in 2002, has observed that the testimony given by Sanjiv Bhatt, Haren Pandya and R.B. Sreekumar was only meant to sensationalise and politicise the matters. Court has further noted that these testimonies were 'replete with falsehood.' Sanjiv Bhatt, in his testimony, had claimed that he attended a meeting chaired by the then chief minister Narendra Modi, wherein Modi had asked the officials to allow the Hindu anger to vent on the minority in the wake of Godhra incident.
    Bench: Justices Khanwilkar, Dinesh Maheshwari and Ravikumar
    Case Title: Zakia Ahsan Jafri vs. State of Gujarat & Anr.

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  15. [Teesta Setalvad] The Supreme Court in its judgment dismissing the plea by Zakia Jafri's which challenged ‘clean chit’ given to CM Narendra Modi by SIT, has taken note of the strong objections that SIT and state of Gujarat had to implead Teesta Setalvad as a party in the litigation. The judgment notes that the respondents had argued that “Teesta been vindictively persecuting this lis for her ulterior design by exploiting the emotions and sentiments of Zakia”. Interestingly, the same phrase has been used in the judgment's concluding remarks. 
    Bench: Justices Khanwilkar, Dinesh Maheshwari and Ravikumar
    Case Title: Zakia Ahsan Jafri vs. State of Gujarat & Anr.

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  16. [Gujarat Riots SIT investigation] While dismissing the plea which challenged the clean chit to Narendra Modi in Gujarat Riots, Top Court has observed that the present proceedings have been pursued for the last 16 years to "keep the pot boiling, obviously, for ulterior design". Appreciating the work of the SIT, Court noted that the proceedings before the it appear to be the efforts of the disgruntled officials of Gujarat along with others to create sensation by making revelations which were false to their own knowledge.
    Bench: Justices Khanwilkar, Dinesh Maheshwari and Ravikumar
    Case Title: Zakia Ahsan Jafri vs. State of Gujarat & Anr.

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  17. [Tehelka Tapes] Holding that the appeal filed by Zakia Jafri, challenging the clean chit handed over to the current Prime Minister of India, Narendra Modi by the SIT was "devoid of merits", Court has stated that though the Appellant heavily relied on the Tehelka tapes which surfaced in 2007 among other things, they were of "no avail" since the extra-judicial confessions which have been made in the tapes do not stand the test of law as and extra judicial confession can only be taken against the maker of the statement and not against any other persons referred to in such a statement. 
    Bench: Justices Khanwilkar, Dinesh Maheshwari and Ravikumar
    Case Title: Zakia Ahsan Jafri vs. State of Gujarat & Anr.

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  18. [Ali Ahmed] Supreme Court rejected anticipatory bail to Ali Ahmad, son of 5-time MLA and alleged mafia Atiq Ahmad, who is also presently lodged in Sabarmati Jail, Ahmedabad. An FIR was filed by one property dealer Jeeshan on December 31 last year against Ahmad for extortion of 5 crores and threatening to kill him. He had alleged that Ali, along with other co-accused and 15 unnamed persons arrived at his house and demanded rupees 5 crores as 'radar' and when he refused, they thrashed him, due to which, he sustained several injuries.
    Bench: Justice CT Ravikumar and Justice Sudhanshu Dhulia
    Case Title: Ali @ Ali Ahmad vs. State Of U.P. And 2 Others
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  19. [PIL in SC] Another Public Interest Litigation plea filed before the Supreme Court by former Member of Parliament, Chintamani Malviya has challenged the Places of Worship (Special Provisions) Act, 1991 while stating that the Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs to restore their 'places of worship and pilgrimages', destroyed by barbaric invaders.
    Case Title: Chintamani Malviya vs. Union of India & Ors.
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  20. [BJP MLA Jayakumar Gore] Top Court has extended the interim protection granted to Maharashtra BJP MLA Jayakumar Gore by the Bombay High Court. Gore has been accused of allegedly forging documents in the name of a deceased person regarding a land in Mayani village. He had moved the Bombay High Court for an anticipatory bail, but his plea was rejected by a Division Bench
    Bench: Justice CT Ravikumar and Justice Sudhanshu Dhulia
    Case Title: Jayakumar vs. State of Maharashtra
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  21. [Advocate harassed by Rajasthan Police] Supreme Court adjourned a plea filed by an Advocate alleging harassment by Rajasthan Police for raising his voice against them. It is alleged that the Advocate was arrested from the premises of the Rajasthan High Court. Thereafter, multiple FIRs were registered against him and an investigation in a 10-year-old matter was also re-opened wherein the High Court had already closed the matter.
    Bench: Justice CT Ravikumar and Justice Sudhanshu Dhulia
    Case Title: Goverdhan Singh vs. State of Rajasthan & Ors.
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