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Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

Padmakshi Sharma

27 March 2023 11:41 AM IST

    • Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

    From political parties approaching the Supreme Court against arbitrary use of investigative agencies to arrest opposition leaders to the overruling of the Arup Bhuyan judgement to hold that mere membership of a banned association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967, much has happened in the past week in the Apex Court. Live Law's...

    From political parties approaching the Supreme Court against arbitrary use of investigative agencies to arrest opposition leaders to the overruling of the Arup Bhuyan judgement to hold that mere membership of a banned association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967, much has happened in the past week in the Apex Court. Live Law's Supreme Court Weekly Digest is here to keep you up to date with all the events from the Supreme Court.

    Judgements/Orders
    Case title - Neeraj Dutta v. State (GNCTD) [Criminal Appeal No(s). 1669/2009]
    Citation : 2023 LiveLaw (SC) 211
    The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt.
    Case Title: Shankar Versus The State of Maharashtra | Criminal Appeal No. 954 of 2011
    Citation : 2023 LiveLaw (SC) 212
    While relying on ‘last seen theory’ in a case based on circumstantial evidence, the evidence on the time at which the deceased was lastly seen with the accused has to be proved conclusively, the Supreme Court reiterated recently.
    Case Title: Orissa Administrative Tribunal Bar Association v. Union of India & others | Civil Appeal No 6805 of 2022
    Citation : 2023 LiveLaw (SC) 216
    The Supreme Court upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal.
    Case Title: Prakash Kumar Jena And Ors. v. State of Odisha And Ors. |Civil Appeal No. 8836/2022| 17th March, 2023
    Citation: 2023 LiveLaw (SC) 213
    The Supreme Court has held that Home Guards working in the State of Odisha are entitled to Duty Allowance as per the minimum amount of pay to which the police personnel in the State is entitled to.
    Case Title : State of Orissa v Orissa Khadi and Village Industries Board Karmachari Sangh.
    Citation : 2023 LiveLaw (SC) 214
    The Supreme Court has held that the employees of a body corporate established by a State Government cannot be treated at par with the employees of the State Government.
    Case Title : Vishalakshi Amma vs State of Kerala
    Citation : 2023 LiveLaw (SC) 215
    The Supreme Court has held that the time for making a declaration of the possession of any wild animal or animal article as per the Wild Life Stock Rules 2003 cannot be relaxed.
    Case Title- Mahdoom Bava v. Central Bureau of Investigation
    Citation : 2023 LiveLaw (SC) 218
    The Supreme Court has noted that in some parts of the country, trial courts follow the practise of remanding the accused when they appear in response of a summoning order. Therefore, accused persons apprehend arrest even in cases when the investigating agencies are not seeking their custody.
    Case Title: Sundar @ Sundarrajan v. State by Inspector of Police| Review Petition (Crl) Nos. 159-160 of 2013 in Criminal Appeal Nos. 300-301 of 2011
    Citation: 2023 LiveLaw (SC) 217
    The Supreme Court commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence.
    Case Title : Sundar @ Sundarrajan v. State by Inspector of Police
    Citation: 2023 LiveLaw (SC) 217
    The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments. A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha was deciding a petition seeking to review the death penalty awarded to a convict for the kidnap and murder of a 7-year old boy.
    Case Title: Director of Agriculture & Ors. v M.V. Ramachandran
    Citation: 2023 LiveLaw (SC) 220
    The Supreme Court held that that writ petitions filed for seeking recovery of money due under the bills/invoices cannot be entertained under Article 226 of the Constitution of India, particularly when the writ petitioner has filed civil suit which came to be dismissed in default.
    Case Title: Penna Electricity Limited (Now M/s Pioneer Power Limited) v. The Tamil Nadu Electricity Board & Ors. | Civil Appeal No(S). 706 Of 2014
    Citation : 2023 LiveLaw (SC) 221
    While affirming the view of the Appellate Tribunal for Electricity, the Supreme Court held that the Electricity Board would not have to indemnify if there was no provision regarding compensation of full fixed charges and actual variable charges in respect of short supply of energy in the Power Purchase Agreement.
    Case Title: GPSK Capital Private Limited (Formerly Known as Mantri Finance Limited) v The Securities and Exchange Board Of India.
    Citation: 2023 LiveLaw (SC) 222
    The Supreme Court has upheld SEBI’s decision to not to grant exemption to a corporate entity from payment of fees under Clause 4 of Schedule III of SEBI (Stock-Brokers and Sub-Brokers) Regulations 1992, since it was the Director and not the Whole Time Director who transferred stock exchange registration to the corporate entity and paid the registration fees.
    Case Title: Union of India And Ors. v. Parashotam Dass |Civil Appeal No. 447 of 2023| 21st March, 2013
    Citation: 2023 LiveLaw (SC) 224
    The Supreme Court overruled its decision in Union of India And Ors. v. Major General Shri Kant Sharma And Anr. which barred the exercise of jurisdiction under Article 226 of the Constitution of India in cases assailing orders passed by the Armed Forces Tribunal.
    Case Title: Ravasaheb @ Ravasahebgouda Etc. v. State of Karnataka |Criminal Appeal Nos. 1109-1110 of 2010| 16th March, 2013
    Citation: 2023 LiveLaw (SC) 225
    The Supreme Court observed that testimony of a sole eyewitness can be worthy of credence for the prosecution to establish its case beyond reasonable doubt, even in cases involving several accused.
    The Supreme Court noted the object behind enacting the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is to provide for forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators, and at the same time to ensure effective prevention of smuggling activities and foreign exchange manipulation.
    Case Title: SCBA v. Ministry of Urban Development And Ors. WP(C)No. 640/2022
    Citation : 2023 LiveLaw (SC) 236
    The Supreme Court held that it cannot consider on the judicial side the plea of the Supreme Court Bar Association to convert the entirety of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers.
    Case Title : Narendrasinh Keshubhai Zala vs State of Gujarat
    Citation : 2023 LiveLaw (SC) 226
    The Supreme Court set aside the conviction in a murder case after noting several blemishes in the testimony of the sole eyewitness.
    Case Title: Yuvraj @ Munna Pralhad Jagdale & Ors. v. Janardan Subajirao Wide | Civil Appeal Nos. 28552856 Of 2011
    Citation : 2023 LiveLaw (SC) 228
    In a recent ruling, the Supreme Court reiterated that it won’t be lawful to sublet after the enactment of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 unless the contract itself expressly provides so.
    Case Title: Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendra Pramukh Sabha v. Pune Municipal Corporation and Ors | Civil Appeal No. 1765 Of 2023
    Citation : 2023 LiveLaw (SC) 229
    While hearing a plea against the primary teachers who were appointed in the Zila Parishad and were later on absorbed into Pune Municipal Corporation based on their inter-se seniority, the Supreme Court observed that their service, while in the Zilla Parishad, deserves to be counted for their seniority.
    Case Title: Gunjan Sinha Alias Kanishk Sinha v The State of West Bengal & Anr.
    Citation: 2023 LiveLaw (SC) 230
    Taking a lenient view in an appeal filed by an advocate who was punished for contempt of Court, the Supreme Court reduced the penalty amount from Rs. 2 Lakhs to Rs. 1 Lakh.
    Case Title: SREI Multiple Asset Investment Trust Vision India Fund v Deccan Chronicle Marketeers & Ors.
    Citation: 2023 LiveLaw (SC) 231
    The Supreme Court has held that the declaration made by the NCLT to the effect that the trademarks “Deccan Chronicle” and “Andhra Bhoomi”, which originally belonged to Deccan Chronicle Holdings Ltd. (“DCHL/Corporate Debtor”), continues to be under the ownership of DCHL post the approval of resolution plan, would amount to impermissible modification of resolution plan as the same was silent on this aspect.
    Case Title : Jagtar Singh vs State of Punjab
    Citation : 2023 LiveLaw (SC) 232
    The Supreme Court acquitted a man who was convicted under the Prevention of Corruption Act 1988 for accepting a bribe of Rupees 300 in the year 2003.
    Case Title : Arup Bhuyan vs State of Assam
    Citation : 2023 LiveLaw (SC) 234
    In a significant verdict, the Supreme Court on Friday overruled its 2011 judgments in Arup Bhuyan vs State of Assam, Indra Das vs State of Assam and State of Kerala vs Raneef which held that mere membership of a banned association is not sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967 or the Terrorism and Disruptive Activities (Prevention) Act, unless it is accompanied with some overt violent.
    Case Title: Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra And Ors. SLP (C) No. 24894 of 2009
    Citation : 2023 LiveLaw (SC) 241
    The Supreme Court answered the reference pertaining to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.
    Case Title : Anil Kumar vs State of Haryana | W.P.(Crl.) No. 46/2022
    Citation : 2023 LiveLaw (SC) 237
    The Supreme Court held that period of parole granted to prisoners during the COVID-19 pandemic period to prevent the overcrowding of prisoners cannot be counted towards the period of actual imprisonment underwent by the prisoner.
    Case Title: In Re : Contagion of COVID-19 Virus in Prisons, SMW(C) No. 1/2020
    Citation : 2023 LiveLaw (SC) 238
    Allowing an application filed by Director General (Prisons), New Delhi, the Supreme Court directed that all prisoners, who were released on emergency parole by the High Powered Committee during the COVID-19 period based on the orders of the Supreme Court, to surrender within 15 days.
    Case Title: Pradeep Kumar Versus State Of Chhattisgarh | Criminal Appeal No.1304 Of 2018
    Citation : 2023 LiveLaw (SC) 239
    The Supreme Court of India reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred.
    Case Title: Guna Mahto Versus State Of Jharkhand | Criminal Appeal No.108 Of 2012
    Citation : 2023 LiveLaw (SC) 240
    The Supreme Court acquitted a man who was concurrently convicted by the trial court and the High Court for the alleged murder of his wife thirty five years ago.
    Case Title- Udayakumar v. State of Tamil Nadu
    Citation : 2023 LiveLaw (SC) 242
    The Supreme Court recently acquitted a man who was convicted for the offence of murder. A bench comprising Justices BR Gavai and Sanjay Karol set aside the concurrent findings of guilt recorded by the trial court and the High Court.

    News Updates
    The Supreme Court agreed to hear on March 27 a petition challenging the holding of board examination for students of Standards 5 and 8th in schools affiliated to the Karnataka state board.
    The Supreme Court refused to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.
    The 72-year-old victim in the Air India urination incident has moved the Supreme Court seeking directions to DGCA and Airline companies to lay down SoPs and regulations to deal with incidents of passenger misconduct on board.
    The Supreme Court expressed surprise at a PIL which was filed seeking mandatory registration of live-in relationships.
    Considering the financial difficulties cited by the Central Government in paying the pension arrears of retired defence personnel under the One Rank One Pension (OROP) scheme in one go, the Supreme Court allowed the Centre to clear the dues in a staggered manner.
    The Indian Union Muslim League told the Supreme Court that the Bharathiya Janata Party (BJP) should also be made a respondent in a plea seeking to bar political parties with religious names and symbols, as the BJP's symbol lotus is a "religious symbol".
    The Supreme Court refused to entertain a PIL seeking adoption of a permanent hybrid mode of hearings at the Bombay High Court and and all its Benches at Aurangabad, Nagpur, and Goa.
    The Supreme Court on Monday directed all High Courts to to set up of online RTI Portals within three months, if they have not done so already. The direction was passed by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing Right to Information (RTI) applications and first appeals in High Courts.
    The Supreme Court sought the response of the Union Government to the writ petition filed by the Telangana Government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which are awaiting her assent.
    The Supreme Court clubbed the FIRs registered against Congress Spokesperson Pawan Khera at Varanasi and Assam over the comment made by him against the Prime Minister and transferred them to Police Station, Hazratganj, Lucknow.
    The Supreme Court of India while hearing a petition filed by Dr Subramanian Swamy seeking an enquiry by the Central Bureau of Investigation into the role of Reserve Bank of India officials in various banking scams, asked the former Rajya Sabha MP to file an affidavit showing specific instances where the central agency had not proceeded against independent directors despite the availability of material.
    The Supreme Court reserved its verdict in an appeal filed by activist-turned-politician Akhil Gogoi against the Gauhati High Court’s decision to set aside the order of the trial court which discharged him from a case under under the Unlawful Activities (Prevention) Act, 1967.

    Plea Challenging Senior Designation System : Supreme Court Pulls Up Petitioner For Adding CJI & Full Court As Respondents In Petition

    The Supreme Court expressed displeasure that the petition challenging the system of designating senior advocates has impleaded the Chief Justice of India and the Full Court of the Supreme Court as two of the respondents.
    Rajya Sabha MP Dr Subramanian Swamy, once again mentioned the plea seeking National Heritage Status for the 'Ram Setu' before the Supreme Court of India.

    Supreme Court Directs Withheld Salaries Of 7 Patna High Court Judges To Be Paid

    The Supreme Court as an interim measure, directed the release of the salaries of seven judges of the Patna High Court which had been withheld following the closing of their GPF accounts.
    The Supreme Court of India stated that the use of unlicensed firearms in the country should be curbed at all costs.
    The Supreme Court said that there are large sections of people still living below the poverty line despite various “other” claims being made.
    The Department of Empowerment of Persons with Disability in the Ministry of Social Justice and Empowerment (MSJE) presented before the Supreme Court of India a dashboard called "Manoashraya" today. The dashboard provided details of Rehabilitation homes (RH) and Halfway homes (HH) in India.
    The Supreme Court agreed to list a petition filed by Software Freedom Law Centre, India (SFLC) challenging Internet Shutdowns in various states across the country.
    In the plea seeking CBI enquiry in the Palghar mob lynching matter, the petitioners informed the Supreme Court that since the Maharashtra government had agreed to CBI enquiry in the matter, the plea could be disposed of.
    CJI DY Chandrachud made headlines yesterday by refusing to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.
    The Supreme Court listed the batch of petitions challenging the Electoral Bonds scheme on April 11 2023 to decide if the matter should be referred to Constitution Bench. The bench comprising CJI DY Chandrachud and Justice PS Narasimha heard the matter.
    The Supreme Court refused to issue directions in individual applications emanating from alleged hardships faced due to the decision of the Union Government to demonetise high-value currency notes of Rs 500 and Rs 1000.
    The Supreme Court stayed the National Green Tribunal's order imposing an environmental compensation of 120 crores rupees on the State of Uttar Pradesh for discharging untreated sewage into the rivers of Gorakhpur District and improper solid waste management.
    The Supreme Court expressed its inclination towards constituting an expert committee to determine if the execution of death penalty through hanging was proportionate.
    Supreme Court orally said that it was not concerned with the political affiliations of the petitioners who have filed petitions challenging the third extension given to the term of ED Director SK Mishra and also the CVC Amendment Act 2021.
    The Supreme Court has recorded its appreciation for the Orissa High Court for using technology to improve the access to justice for people from far flung areas of the State.
    The Supreme Court initiated suo motu contempt proceedings against an Inspector of Police in the State of Tamil Nadu for suppressing material facts in an affidavit filed before the Court.
    The Supreme Court was irked to note that even after 10 months of the judgment being passed, the District judiciary is not complying with directions issued in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b) creating further litigation, both of which the Court believed could not be countenanced.
    The Supreme Court cautioned judges against passing adverse remarks in court, unless accompanied by a proper justification, in the right forum, and necessary to meet the ends of justice.
    Pulling up the Karnataka Industrial Areas Development Board, Supreme Court Judge MR Shah opined that it is the "worst authority" in Karnataka in terms of corruption.
    The Supreme Court sought the response of the High Courts to the suggestions made by amicus curiae Senior Advocate Vijay Hansaria for expediting the trail in the cases against sitting and former MPs/MLAs.
    The Supreme Court listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023.
    The Supreme Court once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.
    Chief Justice of India DY Chandrachud urged lawyers to follow the directions of the Supreme Court registry to produce typed copies of High Court judgements, which are unreadable owing to the presence of large watermarks on them.
    The Supreme Court granted bail to a law intern from Indore who has been under custody since January 28. The petitioner named Sonu Mansoori had approached the Court alleging that she was heckled and attacked by a group in Indore court premises and the police, instead of taking action against the miscreants, arrested her.
    A petition challenging Madhya Pradesh High Court’s decision to allow the state government to hold board examinations for classes five and eight has been filed in the Supreme Court of India.
    The Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli recently upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal (OAT) and dismissed the petition filed by the Odisha Administrative Tribunal Bar Association challenging the Orissa High Court's decision which upheld the abolition of OAT.
    In a resolution passed, the Supreme Court Collegium has made certain strong critical remarks against the Central Government for selectively approving names, by withholding certain other names which were recommended for elevation earlier in time.
    Senior Advocate Dushyant Dave said that his criticism of the judiciary was never personal and added that he loved and respected the institution.
    The vibrancy of democracy is compromised when the press is prevented from speaking truth to power and asking difficult questions to the establishment, said Chief Justice of India DY Chandrachud.
    The Supreme Court bench comprising CJI DY Chandrachud, Justice P.S Narasimha, and Justice JB Pardiwala passed an order directing the Central government to file a counter affidavit within four weeks in the matter concerning the protection of the Western Ghats.
    The Supreme Court asked the Union Government to play a proactive role in the endeavour made by the neighbouring States of Punjab and Haryana to find workable solutions in relation to the Sutlej-Yamuna Link (SYL) canal dispute.
    The carrot-and-stick policy of granting piecemeal extensions of only one year at a time to chiefs of investigating agencies threatened the independence of the institutions since the heads would either be perceived to have or would actually be compelled to compromise their duties towards the end of their tenure to secure an extension, Senior Advocate Gopal Sankaranarayanan told the Supreme Court.
    The Supreme Court adjourned the hearing in a batch of pleas filed by Teesta Setalvad in relation to three FIRs lodged against the couple over alleged embezzlement of funds raised for victims of 2002 Gujarat riots.
    Amid calls for greater diversity and inclusion in the higher judiciary, the Supreme Court Gender Sensitisation and Internal Complaints Committee has received a representation on the need for infrastructural inclusivity in the top court and queer representation on the committee.
    The Supreme Court noticed that a very large number of orders remanding accused to custody in violation of the directives issued by the top court are coming from Uttar Pradesh.
    14 political parties including the Indian National Congress, Aam Aadmi Party and Shiv Sena have moved the Supreme Court against alleged arbitrary use of central investigating agencies Enforcement Directorate and Central Bureau of Investigation in arresting opposition leaders.
    The Supreme Court refused to entertain a petition challenging the renaming of the city of Aurangabad to 'Chhatrapati Sambhajinagar' stating that the matter had been seized of by the High Court of Bombay.
    In a significant step, fourteen political parties approached the Supreme Court against the alleged use of central investigating agencies such as Enforcement Directorate and Central Bureau of Investigation in arresting opposition political leaders and other citizens exercising their fundamental right to dissent and disagree with the present Union Government.
    A Division Bench of the Supreme Court directed the Registry to list the petition challenging the system of designating senior advocates before a three-judge Bench.
    The green bench of the Supreme Court of India directed a committee appointed by it for monitoring the implementation of its orders and highlighting incidents of non-compliance, to be reconstituted with younger members.
    The pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case has been listed before the Supreme Court bench comprising Justice KM Joseph and Justice BV Nagarathna on March 27 2023.
    The Supreme Court disposed of the defamation suit filed by a former SC judge against a woman who raised sexual harassment allegations him.
    The Supreme Court refused to entertain a PIL seeking a framework which would allow citizens to petition directly to the Parliament. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala heard the matter.
    In a temporary relief to three legal aid defence counsels, the Supreme Court stayed the letter of the Bar Association Committee, Bharatpur which suspended them from the Association.
    The Supreme Court dismissed a petition seeking the protection of research done by scholars in the form of thesis to avoid its misuse or plagiarism.
    A plea challenging the automatic disqualification of representatives of elected legislative bodies, upon being convicted of any offence and sentenced to imprisonment for not less than two years as per Section 8 (3) of the Representatives of the People Act, 1951 (1951 Act) has been filed before the Supreme Court of India.
    The Supreme Court expressed displeasure that the executing court (Additional District and Sessions Judge, 15th Court, Alipore) had adjourned a matter wherein the Apex Court had categorically directed it to conduct the hearing in the execution proceedings on a day to day basis.
    The President of Supreme Court Bar Association (SCBA) Senior Advocate Vikas Singh has written a letter to CJI DY Chandrachud seeking an audience to be granted to the Executive Committee of the SCBA to discuss various matters such as the issue pertaining to the conversion of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers, elevation of Supreme Court lawyers to various High Courts, and expeditious and regular designation of Supreme Court lawyers.
    A plea has been moved before the Supreme Court seeking the construction of a wall at the Ram Setu site 'in the sea' for a few meters/kilometers to enable its 'Darshan' by all living creatures of God on the ground that its darshan guarantees Moksha.


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