Supreme Court Weekly Round Up - Vacation Bench [June 27-July 2, 2022]

Supreme Court Weekly Round Up - Vacation Bench [June 27-July 2, 2022]
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By -  Aishwarya Iyer |
4 July 2022 10:39 AM IST
  1. [Eknath Shinde] Supreme Court extended the time granted by Deputy Speaker of Maharashtra government to Eknath Shinde and other MLAs to file their response in their disqualification petition. The speaker had asked them to respond to the same by 5.30 PM on June 27. Court however extended time till 5:30 PM on July 12, 2022. It further questioned Shinde him as to why he has not approached Bombay High Court with this plea.
    Bench: Justice Surya Kant and Justice JB Pardiwala
    Case Title: Eknath Shinde vs. Deputy Speaker of Maharashtra Legislative Assembly
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  2. [Security cover to Ambanis] Supreme Court has agreed to hear an SLP filed by the Central government challenging two orders passed Tripura High Court wherein, the High Court has directed the Centre to place the original file maintained by Ministry of Home Affairs (MHA) regarding threat perception and assessment report of Mukesh Ambani and his family members prepared by it, on the basis of which security has been granted to them.
    Bench: Justices Surya Kant and JB Pardiwala
    Case Title: Union of India vs. Bikash Saha and Ors
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  3. [Cattle Smuggling] Supreme Court has directed the State of Assam to ensure no harm to life and liberty of Peeru Banjara and his son for 10 days. Peeru, is the father of of Akbar and Salman Banjara, who were killed in an encounter by Assam Police in April 2022. Akbar and Salman were accused of running an international cattle smuggling syndicate.
    Bench: Justice Surya Kant and Justice JB Pardiwala
    Case Title: Peeru vs. Union of India
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  4. [Maharashtra Floor Test] The Maharashtra Governor's decision to hold a floor test was challenged before the Supreme Court in view of it being in complete defiance to the fact that the Top Court is already seized with the issue of the disqualification proceedings initiated against Eknath Shinde and other MLAs. The floor test has been addressed as a desperate attempt to allow the said members, who have incurred disqualification, a safe passage.
    Case Title: Sunil Prabhu vs. Principal Secretary, Governor of Maharashtra and Ors.
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  5. [Security cover to Ambani] Supreme Court stayed the orders of Tripura High Court directing the Centre to place before it files regarding threat perception and assessment report of Mukesh Ambani and his family. SG Tushar Mehta, while seeking for an urgent hearing, had submitted that the security provided to Ambanis has nothing to do with the Tripura government and the impugned orders were passed in a PIL filed by an individual person, namely Bikash Saha, who had no locus in the matter and is just a meddlesome interloper, claiming himself to be a social activist and student by profession.
    Bench: Justice Surya Kant and Justice JB Pardiwala
    Case Title: Union of India vs. Bikash Saha and Ors
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  6. [Navi Mumbai Container Terminal] Supreme Court deferred hearing in a plea moved by Adani Ports and Special Economic Zone Ltd. against the Bombay High Court order. The High Court order has been passed rejecting Adani Ports plea against their disqualification from the tender process for the up-gradation of Navi Mumbai container terminal at the Jawaharlal Nehru Port Authority.
    Bench: Justice Abhay S Oka and Justice MM Sundresh
    Case Title: Adani Ports and Special Economic Zone Limited vs. Board of Trustees of Jawaharlal Nehru Port Authority & Ors
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  7. [Maharashtra Political Crisis] After hearing the petition filed by Shivsena’s Chief Whip Sunil Prabhu late in the night, the Supreme Court refused to stay the floor test in Maharashtra that was scheduled to be held on June 30, 2022. However, the court has issued notice in the matter and asked the parties to complete the pleadings in the matter. The bench has also clarified that the outcome of the floor test is subject to the outcome of the plea.
    Bench: Justice Surya Kant and Justice JB Pardiwala
    Case Title: Sunil Prabhu vs. Principal Secretary, Governor of Maharashtra
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  8. [Nupur Sharma] Supreme Court while dismissing the plea filed by suspended BJP leader Nupur Sharma, seeking transfer of FIRs registered against her in many states to Delhi for investigation, remarked that Sharma is single handedly responsible for what has happened in the country. The vacation bench further said that Sharma knowingly chose to participate in the TV debate on a matter that was sub-judice (referring to Gyanvapi Shivling case). Top Court further said that Sharma's statement was responsible for the unfortunate killing in Udaipur.
    Bench: Justices Surya Kant and JB Pardiwala
    Case Title: Nupur V Sharma vs. Union of India
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  9. [Observation against Nupur Sharma] A letter petition has been filed addressing the Chief Justice of India, seeking a direction to the vacation bench headed by Justice Surya Kant to withdraw their observations made today while refusing to entertain a plea filed by Nupur Sharma with a view to provide Sharma a fair trial. "Whether without trial or appeal or any judgment or finding of any court can this court made such statements which affect the merit of the case as well as trial?", the letter has questioned. The letter further alleges that when the Court has not examined that whatever was said by Sharma was right or wrong in the light of Quran and Haddis, it cannot declare her to be guilty.
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  10. [Eknath Shinde’ suspension] Supreme Court refused urgent listing of an application filed before it seeking to suspend Eknath Shinde and other 'delinquent MLAs' from the membership of the Maharashtra Legislative Assembly, as an interim measure, till their disqualification petitions are finally decided. Court further said that it will examine this issue on July 11, 2022.
    Bench: Justices Surya Kant and JB Pardiwala
    Case Title: Eknath Sambhaji Shinde vs. Deputy Speaker, Maharashtra Legislative Assembly and Ors.
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  11. [Nupur Sharma Plea details] In her plea seeking to transfer all FIR registered against her to Delhi, Nupur Sharma submitted before the Supreme Court that, "The FIRs and the death threats are a clear and coordinated campaign intended to silence Petitioner's right to freedom of speech and expression, guaranteed under Article 19 (3) (a), and right to life and personal liberty guaranteed under Article 21 of the Constitution of India, 1950".
    She added that the video of her TV debate was doctored mischievously and thereafter highlighted and shared across various social media platforms by anti-social elements.
    Case Title: Nupur V Sharma vs. Union of India
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  12. [Presidential Elections 2022] Supreme Court refused to entertain a plea filed by one Dr. Thirupathi Reddy challenging the rejection of his nomination for the Presidential election. Reddy argued that he was a suitable candidate by virtue of his qualifications. He further submitted that he has a wide understanding of the Constitution and had scored 72 % in his LLM paper on Constitutional Law. Dr. Reddy added that he was an Advocate and had three international honorary doctorates making him a suitable candidate to be elected as the President of India.
    Bench: Justice Surya Kant and Justice JB Pardiwala
    Case Title: Dr. Mandati Thirupathi Reddy vs. Secretary General
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