Supreme Court Weekly Round-Up

SC seeks Centre’s response in declaring election result for the entire constituency as whole and not ward-wise. A bench led by Justice Dipak Misra demanded a response from the Centre and posted the matter for July 7.

The Supreme Court appointed Justice J N Patel as interim chairman of Lilavati Kirtilal Mehta Medical Trust, Mumbai. The bench comprising of Justice A. K. Patnaik, Justice Fakkir Mohamed Ibrahim Kalifulla has decided to constitute an interim Board of Trustees on the Special Leave Petition (C) No. 3772 of 2014.

Supreme Court sets aside Punjab and Haryana Court Order declaring the entire Karoran Village as forest land, but the CBI investigation to continue. A Bench comprising of Justice A.K. Patnaik and Justice F.M.I Kalifulla, sent the case back to the High Court for a fresh assessment. The Court however didn’t set aside the High Court’s directions for investigation by the CBI.

The Supreme Court ruled out giving any interim relief in favour of self-styled godman Asaram Bapu in the rape case of a minor at his asaram, pending in Rajasthan. The charges level against him includes Sections 376, 342, 506 and 509 of the IPC, Section 8 of the Prevention of Children from Sexual Offences Act (POCSO) and Sections 23 and 26 of the Juvenile Justice Act. He was arrested on September 1, 2013.

Supreme Court has recently ruled that bodily injuries on victim are not necessary to prove the offence of Rape. In Krishan v. State of Haryana (Crl Appl No. 1342/2012) a two Judge Bench of Supreme Court comprising of Justice Dipak Misra and Justice N.V. Ramana observed that the charge of rape will sustain even if there is no injuries on the body of the victim.

Supreme Court turns down resident’s plea to form Government in Delhi. A Bench comprising of Justice A.K. Sikri and Justice B.S. Chauhan, turned down the plea of Bam Bam Maharaj, a resident of Delhi who prayed for a direction to the Lieutenant Governor to invite him to form the State government. 

Sahara Chief Subrata Roy continues to be dejected. The new Bench, comprising of Justice T S Thakur and Justice A K Sikri, also turned down Subrata Roy’s plea for discharge from judicial custody.

Supreme Court declined to entertain a Writ Petition (WP(C)No.429 Of 2014) seeking directions to curb hate speeches and other illegal activities by political parties during the election campaign,  according to the Court,  it cannot be put on the pedestal of Public Interest Litigation.

PIL in Orissa Illegal Mining ; the ‘Forest Bench’ of SC Suspends mining operations as an Interim Measure. The order has come in the PIL filed by Common Cause, against the ongoing loot and plunder of valuable natural resources in the State of Odisha in complete disregard of the environmental norms and the rights of the vulnerable tribal & rural communities.  The petition has relied upon Justice M B Shah Commission of Inquiry, who has given a scathing  reports on the unfortunate state of affairs in Odisha that call for immediate compliance of its recommendations.

Akshardham Temple Attack; The Supreme Court acquitted all the six accused in the 2002 Akshardham temple attack in Gujarat.  A Bench of Justice A.K. Patnaik and Justice V. Gopala Gowda reportedly held that the prosecution was unsuccessful in ascertaining their guilt beyond reasonable doubt hence, justified absolution from all the charges.

The Supreme Court commuted the death sentence of the two convicts involved in the 2002 American Center attack case in Kolkata. Commuting the sentence, the Bench comprising of Justice A.K. Patnaik and Justice F.M.I Khalifulla commuted the mastermind- Aftab Ahmad Ansari’s death sentence and ruled that he should undergo Rigorous Imprisonment for a minimum period of 30 years without any Remission.