Supreme Court Weekly Round-Up

Arbitrary Appointments of Govt. Law Officers are subjected to Judicial Review

A two Judge Bench of the Supreme Court on Wednesday, issued Guidelines relating to the Appointment of Government Law Officers. The Bench which was primarily examining the question ‘Whether appointment of law officers by the State Governments can be questioned or the process by which such appointments are made, can be assailed on the ground that the same are arbitrary, hence, violative of the provisions of Article 14 of the Constitution of India?’ answered the question in the affirmative.

Amendment made to overcome a SC Verdict, would be conferred legitimacy if such an exercise was a normal adjunct of legislative power

A two Judge Bench of Supreme Court of India ruled that even an amendment made to overcome any judicial pronouncement, on a closer scrutiny would be conferred legitimacy if such an exercise was a normal adjunct of legislative power. The Bench upheld the Constitutional validity of the Land Acquisition (Goa Amendment) Act, 2009 (Goa Act 7 of 2009) which was promulgated by the Governor of Goa on 11.04.2009.

Interim order cannot be passed in a Second Appeal by deferring admission without formulating substantial question of law

Supreme Court held that solely because the Court has the jurisdiction to pass an ex parte interim order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.

Trial Court empowered to summon a suspect for trial even if not chargesheeted by Police

Supreme Court held that choice of police not to send up a suspect to face trial does not affect power of the trial court under Section 319 of the CrPC to summon such a person on account of evidence recorded during trial.

Guidelines on saving good Samaritans from harassment approved

In a major step which can reduce the number of road accident deaths in the country, the Supreme Court on Wednesday approved the Centre’s guidelines to protect Good Samaritans, who help road accident victims, from being hassled or harassed at hospitals, police stations or courts.

Execution of convict in a Rape and Murder Case stayed

The Supreme Court stayed the execution of a convict who was earlier found guilty for raping and killing a five year old girl last year in Madhya Pradesh. The apex court has also sought response of the state government regarding his appeal in this case.

 Green signal to SEBI to sell Sahara assets

The Supreme Court on Tuesday asked the Securities and Exchange Board of India (SEBI) to initiate the process of selling 87 “unencumbered” properties of Sahara group, whose title deeds are with the market regulator, to generate the bail money for release of its chief Subrata Roy who has been in jail for two years now.

States slammed for outsourcing sterilization camps to NGOs

The Supreme Court fumed at the trend of state governments outsourcing sterilisation camps to NGOs while hearing a public interest litigation related to such a camp in Bihar’s Araria district where 53 women were operated within about two hours in January 2012

On Elephant Custody

The Apex Court of India on Tuesday issued notices to the parties to ban the use of elephants in religious functions, processions and other events based on a petition filed by Bangalore-based Wildlife Rescue and Rehabilitation Centre and other animal welfare organizations.