Supreme Court Weekly Round Up
Week Commencing September 21,2020 to September 27,2020
Top Stories This Week:1. [Sudarshan TV ''UPSC Jihad" Show] SC Defers Hearing As The Central Govt. Issues Notice To Channel On Complaint Against The Programme [Firoz Iqbal Khan V. UOI]The Supreme Court on Wednesday adjourned the hearing in the Sudarshan TV matter to October 5, to allow the channel to respond to the show-cause notice issued to it by the Central government to explain the...
Top Stories This Week:
1. [Sudarshan TV ''UPSC Jihad" Show] SC Defers Hearing As The Central Govt. Issues Notice To Channel On Complaint Against The Programme [Firoz Iqbal Khan V. UOI]
The Supreme Court on Wednesday adjourned the hearing in the Sudarshan TV matter to October 5, to allow the channel to respond to the show-cause notice issued to it by the Central government to explain the apparent violations on its part. A bench of DY Chandrachud, Indu Malhotra & KM Joseph fixed the case for hearing on a later date after Solicitor General Tushar Mehta informed the Court that Sudarshan TV had been directed to give a written explanation on the apparent violation of the Programme Code, section 20(3) of the Cable Television Networks (Regulation) Act, 1995.
2. SC Quashes NLSIU's Decision To Hold NLAT; Directs It To Admit Students Based On CLAT [Rakesh K Agarwalla & Anr. V. NLSIU, Bengaluru & ors.]
The Supreme Court quashed the decision of the National Law School of India University (NLSIU), Bengaluru to hold a separate admission test by way of the National Legal Aptitude Test (NLAT). The NLSIU has been directed by a bench of Justices Ashok Bhushan, R Subhash Reddu & MR Shah, to admit students for the present academic year (2020-21) based on the scores of the CLAT. The Court directed the Consortium of the National Law Universities to hold the Common Law Admission Test (CLAT) on September 28 itself in accordance with all health guidelines issued by the Central Government and authorities. The Consortium has also been directed to publish the CLAT results as early as possible so that the law universities can start their classes by mid-October.
3. Delhi Riots : SC Issues Notice On Facebook Vice President's Plea Against Delhi Assembly Panel Summons [Ajit Mohan V. UOI]
The Supreme Court on Wednesday issued notice on Facebook India Vice President Ajit Mohan's Plea, challenging the summons issued by the Delhi Assembly's "Peace and Harmony" Committee, which is looking into Facebook's alleged complicity in Delhi riots. A bench comprising Justices SK Kaul, Aniruddha Bose and Krishna Murari issued the notice after hearing Senior Advocates Harish Salve (for Mohan), Mukul Rohatgi (for Facebook) and Sr Adv Dr AM Singvhi (for the Chairman of the panel, Raghav Chadha). The bench also recorded the submission of Singhvi that the meeting scheduled for today has been deferred in view of the hearing and that there will be no further proceedings on the notice till the matter is finally disposed. The Court will next consider the matter on Oct 15.
4. Iltija Mufti Moves SC For Quashing Of Confirmation & Extension Orders Of Detention Passed Against Former J&K CM Mehbooba Mufti [Iltija V. UOI]
Former Chief Minister of Jammu & Kashmir, Mehbooba Mufti's daughter, Iltija has moved the Supreme Court seeking amendment to the prayers sought in Mufti's habeas corpus petition, which is currently pending adjudication. The amendment sought is to include grounds of challenge and additional prayers for challenging the orders of confirmation, dated February 26, 2020 and subsequent extensions, dated May 5, 2020 and July 31, 2020 of the Detention orders impugned in the Habeas Corpus Plea.
5. "You Have A Good Case On Merits": SC Allows Sudha Bhardhwaj To Withdraw Plea For Interim Bail On Medical Grounds [Sudha Bhardwaj V. NIA]
The Supreme Court on Thursday dismissed as withdrawn activist-lawyer Sudha Bhardwaj's plea for interim bail, granting liberty to approach the court again if need arises. "I am an undertrial in custody since 2 years. Even the charges have not been framed. I am 58 years old and I am seeking your indulgence for interim bail on medical grounds...", submitted Senior Advocate Vrinda Grover for the petitioner, before a bench comprising Justices UU Lalit & Ajay Rastogi.
6. Results For Compartment Students Of Class XII Will Be Declared On Or Before October 10: CBSE Tells SC [Anika Samvedi & Ors. V. UOI & Anr.]
Central Board Of Secondary Education (CBSE) informed the Supreme Court today that it shall declare results of those students of Class 12 who took compartment exams on or before October 10. A bench of Justices AM Khanwilkar & Sanjiv Khanna took note of this and stated that in light of this submission, the grievances have been dealt with by the authorities. It is pertinent to note that the UGC also enunciated a fresh calendar and new guidelines so as to equip compartment students to be able get admissions on account of the delayed examinations amid the pandemic.
8. [Airfare Refunds] SC Reserves Order In Plea Seeking Refund Of Flight Tickets Booking During Covid Induced Lockdown [Pravasi Legal Cell V. UOI]
The Supreme Court reserved orders in plea(s) pertaining to the refund of airfare for tickets booking during the Covid19 lockdown induced lockdown. A bench of Justices Ashok Bhushan, Subhash Reddy & MR Shah heard parties in the pleas and stated that it shall take into consideration all submissions by stakeholders. Solicitor General Tushar Mehta told the Court today that the Credit Shell facility could not be availed by travel agents who booked tickets during lockdown.
10. Plea Seeking Postponement Of Civil Services Exam: SC Agrees To Hear The Petition On Sept 28 [Vasireddy Govardhana Sai Prakash & Ors.V. UPSC]
The Supreme Court on Thursday agreed to hear a petition seeking postponement of upcoming Civil Services Examination, 2020. The Bench of Justices AM Khanwilkar and Sanjiv Khanna has posted the matter for hearing on September 28, 2020.
Judgments This Week:
. [Motor Accident Compensation] Insurer Not Liable Unless Vehicle Owner Proves That He Took Reasonable Care To See That His Driver Renewed Driving Licence Within Time: SC [Beli Ram V. Rajinder Kumar]
When an employer employs a driver, he has to take reasonable care to see that his employee gets his licence renewed within time, the Supreme Court has observed. The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that, when the driver did not renew his licence, the insurance employee cannot be held liable unless the owner proved that he had either checked the driving licence or had given instructions to his driver to get his driving licence renewed on expiry thereof.
Time Of Publication Of E-Gazette Is Significant For Determining The Enforceability Of Notifications: SC [Union of India vs. M/S G S Chatha Rice Mills]
The Supreme Court has observed that the precise time when the gazette is published in the electronic mode is significant for determining the enforceability of the notifications. The bench comprising Justices DY Chandrachud, KM Joseph and Indu Malhotra observed thus while upholding a Punjab and Haryana High Court judgment which had allowed the writ petitions filed by various importers.
SC Upholds Maharashtra High Power Committee's Categorization Of Prisoners For Temporary Release Due To Covid-19 [National Alliance for People's Movements vs. State of Maharashtra]
The Supreme Court has dismissed the National Alliance for People's Movements plea challenging the decision of the High Power Committee in Maharashtra to classify categories of prisoners who will be released on emergency parole. The present option provided is only as a solution to help decongestion and to avoid the spread of virus. At the same time the benefit granted in such circumstance cannot be to the detriment of social order by releasing all categories of prisoners irrespective of the categorisation to be made depending on the severity of the crime etc., the bench comprising Chief Justice SA Bobde, Justice AS Bopanna and V. Ramasubramaniam said.
Other Important Updates:
"Surprised That HC Should Act in the Teeth of Our Order": SC Sets Aside Allahabad HC Order Granting Interim Bail To Govt. Counsel Accused Of Rape [XXXX V. State of UP & Anr.]
The Supreme Court set aside the interim order dated 03.09.2020 of the Allahabad High Court wherein the High Court had granted interim bail to a government counsel in connection to a rape case lodged against him by a young lawyer. The Order has been passed by a bench comprising Justice RF Nariman, Justice Navin Sinha and Justice Indira Banerjee while hearing an SLP against the HC order
"FIRs Filed Basis Toxic Social Media Posts Against Devgan": Senior Advocate Sidharth Luthra Tells SC [Amish Devgan V. UOI]
Journalist Amish Devgan's Counsel, Senior Advocate Sidharth Luthra submitted before the Supreme Court today that offences alleged against Devgan are not made out and thus the FIR's deserve to be quashed. As many as 7 FIRs have been filed in Rajasthan, Madhya Pradesh, Uttar Pradesh, Maharashtra & Telangana against Devgan on the basis of derogatory remarks that he made against Sufi Saint Moinnuddin Chisti on his prime time show, telecast on June 15. Luthra told a bench of Justices AM Khanwilkar & Sanjiv Khanna that the FIRs stipulate offences under Sections 153A, 153G, 295A, 298, 5050(2) of IPC & 66(f) of the Information Technology Act against Devgan but none of the FIRs & their contents justify their requisite ingredients in terms of the Indian Penal Code.
How Long Will Adhocism Continue In Teaching Facility? If Teachers Don't Have Job Security, How Will They Discharge Their Duty?': SC [Period Basis SMC Teachers Assocation & Ors. V. The State of Himachal Pradesh & Ors.]
"How long, how far will adhocism continue as regards the teaching faculty? If teachers don't have job security, how will they discharge their duty of educating students, particularly in such (difficult) areas?", asked Justice Ajay Rastogi on Thursday. The bench, presided over by Justice U. U. Lalit, was hearing a SLP against a August 14 judgment of the Himachal Pradesh High Court, where the court had set aside the appointment of teachers inducted through the school management committee (SMC), further directing the state government to engage regular teachers against the substantive posts within six weeks.
[Interest Free Loans For Lawyers] SC Asks Association To File Affidavit Detailing Credentials [Supreme Court Arguing Counsel Association V. UOI]
The Supreme Court on Thursday asked the Supreme Court Arguing Counsel Association seeking interest free loans for lawyer of upto 20 lacs, to file a detailed affidavit regarding its credentials. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun asked the Association's counsel, how old the Association was and what its credentials were.
SC Urges Centre & States To Provide Monetary Assistance, Rations To Sex Workers Without Insisting On Identity Proof [Budhadev Karmaskar V. UOI]
The Supreme Court directed Centre & State Governments to provide food and financial aid to sex workers in a plea highlighting the distress faced by them on account of the ongoing pandemic. A bench of Justices L. Nageswara Rao & Hemant Gupta urged the Centre and State Government to urgently consider providing them relief in the form of dry rations, monetary assistance as well as masks, soaps and sanitizers without insisting on proof of identity.
SC Orders Status Quo On Raising Capital Over Shares Held By Mistry's In Tata Sons [Tata Consultancy Services Ltd. V. Cyrus Investments Pvt. Ltd. & Ors.]
The Supreme Court on Tuesday ordered status quo against Mistry firms & Shapoorji Pallonji Mistry on raising capital against security of their shareholding in Tata Sons, by pledging, transferring or any further action in relation to the shares. A bench of Chief Justice SA Bobde, Justice AS Bopanna & V. Ramasubramaniun will hear the case which was moved vide an "urgent application" by Tata Sons on October 28.
SC Seeks Statement From Speaker, Madhya Pradesh Legislative Assembly In Plea For Decision On Disqualification Of Defected Congress MLAs [Vinay Saxena V. Speaker, MP Assembly]
The Supreme Court on Tuesday directed that the plea seeking a decision by the Speaker of Madhya Pradesh Legislative Assembly on disqualification of 22 defecting MLAs be listed after a week for the Speaker's statement in that regard. A bench of Chief Justice SA Bobde, AS Bopanna & V. Ramasubramaniun at first informed Senior Advocate Vivek Tankha appearing for the petitioner, Congress MLA Vinay Saxena that an adjournment letter had been circulated in the plea.
SC Issues Notice In Plea Seeking Increase In Superannuation Age Of Subordinate Judicial Officers Of Madhya Pradesh From 60 To 62 [All India Judges Association & Ors. V. UOI & Ors.]
The Supreme Court on Tuesday issued notice in a plea seeking issuance of directions directions to the Madhya Pradesh State Government as well as the High Court of MP to increase the age of superannuation of members of Subordinate Judiciary to 62 years. A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun took up the plea for hearing which states that the failuire on the part of the authorities to increase the age of superannuation as has been done for MP State government employees has resulted in "hostile discrimination vis-à-vi State Govt. employees who are governed by the same service rules". The plea also seeks modification of paras 26 & 40 of the judgment of Supreme Court in the case of All India Judges Association & Ors. Vs. Union of India & Ors. which held that superannuation of subordinate judicial officers cannot be raised to 62 years of age.
The Supreme Court refused to stay the CBI investigation, as directed by the Kerala High Court, in the Periya twin murders. Senior Advocate Maninder Singh, appearing for the state, contended that the direction for CBI inquiry was sustained even after the Division Bench of the High Court stood satisfied that the allegations of political complicity were not correct and were set aside. "A 20 member SIT was constituted. There was one critical charge, the chargesheet was filed...all accused have been arrested....one was abroad, who was brought back after the LOC was issued, and was also arrested", he submitted
SC Dismisses Plea To Stop Dissemination of Information/ Data of Covid19 On the Basis of Religion
The Supreme Court refused to entertain a plea for issuance of directions to prohibit and stop dissemination of information or data of Coronavirus disease or any epidemic on the basis of religion, caste, community and religious identity or religious group on the basis of religious or communal classification. A bench of Justices Ashok Bhushan, R Subhash Reddy & MR Shah dismissed the plea filed by Advocate Md. Irshad Hanif.
https://www.livelaw.in/top-stories/sc-dismisses-plea-to-stop-dissemination-of-information-data-of-covid19-on-the-basis-of-religion-163528