JUDGMENTS THIS WEEK1. Goods Imported Violating FTDR/DGFT Notifications Are 'Prohibited Goods' Liable For Confiscation Under Customs Act : Supreme CourtTitle : Union of India vs Raj Grow Impex LLP and othersCitation : LL 2021 SC 271The Supreme Court has held that peas and pulses, which were imported in violation of the notifications of the Central Government and the Director General of...
JUDGMENTS THIS WEEK
Title : Union of India vs Raj Grow Impex LLP and others
Citation : LL 2021 SC 271
The Supreme Court has held that peas and pulses, which were imported in violation of the notifications of the Central Government and the Director General of Foreign Trade issued under the Foreign Trade (Development and Regulation) Act, are liable to absolute confiscation under Section 125 of the Customs Act as "prohibited goods".
The Court granted a relaxation by allowing re-export of the goods on payment of the necessary redemption fine and subject to the importer discharging other statutory obligations.
A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed :
"...the personal interests of the importers who made improper imports are pitted against the interests of national economy and more particularly, the interests of farmers. This factor alone is sufficient to find the direction in which discretion ought to be exercised in these matters. When personal business interests of importers clash with public interest, the former has to, obviously, give way to the latter"
IMPORTANT APEX COURT UPDATES THIS WEEK
1. Supreme Court Reserves Judgment On Plea For Ex-Gratia Compensation To COVID Victims
A Bench of Justices Ashok Bhushan and MR Shah this week reserved the judgment in the pleas filed before Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19.
Senior Advocate SB Upadhyay appearing on behalf of the Petitioner Reepak Kansal, submitted to the Court that the Centre cannot use financial constraint as a ground to not meet its constitutional obligations.
In an Affidavit filed recently, the Union of India has informed the Supreme Court that payment of ex-gratia to all deceased persons due to COVID-19, is beyond the fiscal affordability of the State Governments, as the finances of State Governments and the Central Government are under severe strain, due to the reduction in tax revenues and increase in health expenses on account of the pandemic.
2. Centre Gives Supreme Court Projection For 186 Crore Doses To Complete Vaccination By 2021 End
Ahead of the hearing in the suo moto COVID case on June 30, the Central Government has filed an affidavit in the Supreme Court, in the light of several issues flagged by the Court with respect to the earlier vaccination policy.
As directed by the Court, the Centre has given details about the projection of vaccine availability from five approved vaccines - Covishied, Covaxin, Bios E Sub Unit Vaccine, Zydus Cadilla DNA vaccine and Sputnik V.
186 to 188 crore doses of vaccines will be required for the double-doses to the eligible population of 93-94 crores above the age of 18 years. Out of this, 51.6 crore doses would be made available by July 31. Between August 2021 and December 2021, a total of 135 crore vaccines will be available in India, the Centre estimated.
From the figures and tables given, Centre is aiming to complete the vaccination for the entire eligible population by the end of 2021.
The State of Kerala has filed a special leave petition in the Supreme Court seeking the withdrawal of criminal cases against six prominent CPI(M) members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015.
The SLP is filed against the March 12 judgment of a single bench of the Kerala High Court which had dismissed the state's revision petition against the refusal of Chief Judicial Magistrate, Thiruvananthapuram, to allow the withdrawal of prosecution in these cases under Section 321 of the Code of Criminal Procedure.
In the plea before the Top Court, the Kerala Government say that the acts happened during a protest staged against the presentation of budget by the then Finance Minister KM Mani, who was facing allegations of involvement in bar-bribery scam.
Supreme Court will tomorrow hear the plea filed seeking directions for an "Opt-Out" option to aspirants of the upcoming CA exams 2021, more Exam Centres and postponement of exam if adherence to Covid Protocols is not possible.
A three-judge Bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Aniruddha Bose will hear the plea filed by Child Right Activist Anubha Shrivastava Sahai on June 28th 2021 at 10:30 am.
The present plea has sought directions to provide an "Opt Out" option to all the aspirants going to appear in the upcoming CA exams 2021 scheduled to start from 5th July 2021, willing to opt out before and during the exam, with a carry forward of all benefits.
The plea has also sought an extra chance to candidates appearing for the intermediate and final exams under the old syllabus.
In connection with the Narada hearing, the state of West Bengal this week told the SC that it was not even given a copy of CBI's letter to the Calcutta HC CJ, that the HC had stated that it shall hear only the recall applications first and not the matter on merits and that it sends out a wrong message that while the CBI can file it affidavit without any application, the state is required to file one to have its affidavit taken on record.
The Supreme Court directed the State of West Bengal, West Bengal Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghatak - who are challenging the refusal of the Calcutta High Court to accept their affidavits filed in the Narada case - to file an application before the High Court stating the reasons for not filing such affidavits earlier.
A 12 member National Task Force constituted by the Supreme Court to formulate a methodology for scientific allocation of liquid medical oxygen to all the States and Union Territories to deal with the dearth of oxygen supply amid Covid second wave has submitted its recommendations.
The recommendations made by the NTF have been placed on record through an affidavit filed by the Union of India through Ministry of Health & Family Welfare.
The affidavit has stated that a majority of these recommendations given by the National Task Force, formed pursuant to the top Court's directions, were already being implemented by the Central Government and the Centre is also working on the other recommendations.
The sub-group constituted by the Supreme Court for oxygen audit of Delhi has opined that "exaggerated claims and wrong formula" were used by the Government of National Capital Territory of Delhi(GNCTD) to project its requirements for Liquid Medical Oxygen during the second wave of the COVID pandemic.
"It is still not clear on what basis had an allocation of 700MT been sought by Govt of Delhi in the Supreme Court of India when collated data had so many gross errors and it took an oxygen audit to point out the same. It also appears that Govt of Delhi used a wrong formula and made exaggerated claims on 30th April. It was also evident that some hospitals could not differentiate between KL and MT and the same was not examined while projecting 700 MT", said the interim-report prepared by the sub-group constituted by the Supreme Court for the oxygen audit of Delhi.
The State of Andhra Pradesh this week informed the Supreme Court that it has decided to cancel the Class XII State Board Exams after re-examining the situation.
Supreme Court after taking on record the submission made by Senior Advocate Dushyant Dave appearing for the State of Andhra Pradesh, disposed of the plea filed seeking cancellation of Class XII State Board Exams.
The Bench has also reiterated it's earlier direction that States are required to declare internal assessment results on or before july 31st as directed to CBSE and ICSE.
The Supreme Court this week directed state boards to notify their respective schemes for assessment for the cancelled Class 12 physical exams within 10 days from today.
The Court further directed the state boards to declare the results of internal assessment by July 31.
"We're passing General order for all boards. We direct the Boards that schemes be formulated and notified in 10 days from today and also declare the internal assessment results by 31st July, like timeline specified for CBSE and ICSE", a vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari ordered.
The Supreme Court also observed that it was not possible to have a uniform scheme of assessment for all state boards.
10. Baba Ramdev Moves Supreme Court Against Multiple FIRs On Comments About Allopathy Cure For COVID
Yoga guru Baba Ramdev has approached the Supreme Court against the multiple multiple FIRs registered against him in different states over his alleged remarks that Allopathy can't cure COVID.
The FIRs were registered in States of Bihar and Chhattisgarh based on complaints by Indian Medical Association. The Patna and Raipur chapters of IMA lodged complaints against Ramdev alleging that his comments are likely to cause prejudice to COVID control, as the misinformation spread by him in a position of influence can dissuade people from availing proper treatment against the pandemic.
In the writ petition filed under Article 32, Ramdev seeks clubbing and the consolidation of FIRs and their transfer to Delhi. As an interim relief, he also seeks a stay on the investigation in the FIRs.
The Supreme Court this week directed the State Election Commission in Tamil Nadu to conclude the entire process of the local body elections in the nine newly carved districts by 15th September, 2021, including publication/notification of election schedule and the result of the elections.
A Bench of Justices Hemant Gupta and Aniruddha Bose was hearing a Miscellaneous Application in a plea wherein the Supreme Court had previously directed the State in December 2019 to delimit the nine newly constituted districts within a period of three months.
However, the State had taken more than 18 months to conclude the same, and sought for 6 more months to conduct the election.
12. Supreme Court Stays High Court Judgment Which Cancelled MP Navneet Kaur Rana's Caste Certificate
In a relief to MP Navneet Kaur Rana, the Supreme Court this week stayed the Bombay High Court judgment which had set aside her caste certificate.
Since she had won from a seat reserved for the Scheduled Castes, the High Court judgment could have affected her election to the Parliament. She had contested election by claiming to be a member of 'Mochi' scheduled caste.
A vacation bench comprising Justices Vineet Saran and Dinesh Maheshwari stayed the operation of the High Court judgment while issuing notice on the special leave petition filed by her against the High Court judgment