Supreme Court Weekly Round-Up

‘Right To Change Of Faith Is Part Of Fundamental Right Of Choice’

The Supreme Court on Monday delivered a detailed judgment in the Hadiya case, almost a month after it set aside the Kerala High Court judgment calling Hadiya’s marriage to Shafin Jahan a “sham”, and annulling it, while directing her return to the protective custody of her Hindu parents.

SC Re-affirms Superiority Of CJI, Dismisses Plea Against “Arbitrary” Allocation Of Work To Benches & Constitution Of Benches

Reaffirming the superiority of the Chief Justice, the Supreme Court on Wednesday dismissed a petition which questioned the unilateral power of the CJI to constitute benches “arbitrarily” and allocate work to different benches and which sought framing of proper rules for it.

Transfer Petitions: Convenience Of One Party Can’t Override That Of Prosecution, Other Accused, Witnesses And Larger Interest Of Society

The Supreme Court made an important observation with regard to transfer petition seeking transfer of criminal cases that ‘convenience of the parties’ does not mean the convenience of the petitioner alone who approaches the court seeking transfer, but also the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.

SC Upholds Conviction Of Man Accused Of Brutal Murder Of A Person Who Ventured to Depose Against Him, Acquits Co-Accused

The Supreme Court upheld the conviction of a man accused of the brutal murder of a person allegedly to prevent him from deposing against him in a railway property theft case. The bench of Justice Ranjan Gogoi and Justice Mohan M Shantanagoudar acquitted four surviving co-accused (two had died after their conviction by the trial court) in the case observing that no specific or reliable evidence has come on record.

SC Bench Settles Long Pending Dispute Between Two Wives Of Deceased Police Constable

The Supreme Court Bench headed by Justice Kurian Joseph is known for prompting fighting litigants to put an end to disputes. This time, the bench made two wives of a deceased police constable to settle a decade-long dispute regarding the death benefit and claim for compassionate appointment.

Alleged Defamatory Statements Shall Have Reasonable Connection With The Discharge Of Public Duties By CM To Invoke Section 199(2) CrPC Proceedings

The Supreme Court, invoking its inherent powers under Article 142 of the Constitution, closed criminal proceedings against a chief spokesperson of the Congress party in Madhya Pradesh accused of making defamatory statements against the Chief Minister of the State, in a press meet.

Chairman Of State Electricity Regulatory Commission Need Not Mandatorily Be A High Court Judge

The Supreme Court, on Thursday, ruled that it is not mandatory to appoint a High Court Judge as the Chairperson of the State Electricity Regulatory Commission (SERC), which determines power tariff in the States.

Detention Order Can’t Be Quashed Merely For Not Providing Period Of Detention

Reiterating that an order of detention cannot be quashed merely on the basis that no period of detention was provided in the order, the Supreme Court set aside a Madras High Court order that had followed an earlier two-judge bench decision of the apex court which stands overruled by another three-judge bench.

Right To Practice Medical Profession Is Subject To Right To Life And Proper Health Care Of Patients: Plea Of Parampara Vaidyas Dismissed

The Supreme Court upheld a 2003 Kerala High Court judgment that held that persons who do not fulfill the prescribed qualifications and are not duly registered under the relevant statute cannot be permitted to practise as Paramparya Vaidyas.

CGHS-Medical Claim Can’t Be Denied Merely Because Treatment Was In Non-Empanelled Hospital

Good news for all the retired Central Government employees is that the Supreme Court took serious note of the slow and tardy pace of disposal of medical reimbursement claims under the Central Government Health Scheme in case of pensioner beneficiaries and said after submitting the relevant papers for claim by a pensioners, the same shall be reimbursed within a period of one month.

Cauvery Contempt Plea: SC Pulls Up Centre For Not Framing The Scheme As Per The Judgment, Directs To Submit Draft Plan By May 3

The Supreme Court on Monday reprimanded the Centre for not having complied with its February 16 verdict in the Cauvery river water dispute for  framing of the scheme under section 6A of the Interstate river disputes act of 1956.

‘Trial Court Records Destroyed When Appeal Before High Court Was Pending’: SC Asks HC Registrar General To Verify Allegations

The Supreme Court directed the Registrar General of the High Court of Karnataka to verify a strange allegation made by the appellant’s counsel during hearing of a Special Leave Petition that the trial court’s record was destroyed when the appeal itself was pending before the high court.

Rohingya Case: SC Asks Haryana, Delhi Govts To File Detailed Report On Living Conditions In Refugee Settlements Within 4 Weeks

A Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday directed the governments of Haryana and the NCT of Delhi to file a comprehensive report on the living conditions in the Rohingya settlements in the said regions within four weeks.

SC Allows Nation-Wide Screening Of Hindi Film ‘Nanak Shah Fakir’ On April 13

Putting an end to the long wait for the release of controversial Hindi film Nanak Shah Fakir since April 2015, the Supreme Court on Tuesday allowed for the release of the film in theaters across the country on April 13.The court’s decision came hours after the apex body of Sikh religion Akal Takht took a decision banning the release of the film.

SC Protects Woman, Child From Coercive Step By Law Enforcement Agencies As Women Rights Body Petitions Against Powerful In-Laws’ Harassment

The Supreme Court ordered that no coercive steps be taken against a woman and her minor son who are purportedly being harassed by her estranged husband and her father-in-law, former chairman of the Joint Intelligence Committee who is said to have used all law enforcement agencies to unleash terror on her

SC Grants Bail to RTI Activist Jayant Kumar Das Who Complained Against Two Orissa HC Judges

After spending more than eight months in jail, RTI activist Jayant Kumar Das, on whose complaint two sitting judges of Orissa High Court are facing in-house inquiry for committing irregularities, is set to come out as the Supreme Court granted bail to him.

SC Agrees To Hear Plea For CBI Probe Into Unnao Rape Case & Custodial Death Of Victim’s Father

The Supreme Court agreed to hear next week a petition seeking a CBI probe into the rape of a 16-year-old woman in Unnao, UP last year allegedly by a BJP MLA Kuldeep Singh Sengar and the custodial death of her father after allegedly assaulted by the rape accused’s brother.

SC Refuses To Examine The Challenge Against Constitutional Validity Of Sections 5(ii) And 7 Of Hindu Marriage Act, 1955

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Wednesday refused to extend the scope of a writ petition filed by a Karnataka based 26 year old girl, allegedly married without her consent, to accord an express interpretation that the Hindu Marriage Act of 1955 mandates prior consent of both parties to marriage as a prerequisite for a valid marriage.

Panchayat Polls: SC Refuses To Hear W Bengal BJP’s Plea Against State Election Commission

The West Bengal BJP suffered the second setback from the Supreme Court in last three days when the judges on Wednesday refused to hear its plea against the West Bengal State Election Commission’s (SEC) decision to recall its order extending the deadline for filing of nominations for panchayat polls by a day from April 9.