Supreme Court Weekly Round-Up

SC upholds Army’s “command and exit policy”

A Division Bench of the Supreme Court on Monday upheld the Indian Army’s 2009 “command and exit policy” allowing preferential promotion for officers serving in the command unit. The Bench, comprising Chief Justice of India T.S. Thakur and Justice Kurian Joseph also directed the Government to create 141 additional vacancies for promotion of combat unit officers.

Records relating to period for which Judgments remains pending not under RTI

Supreme Court of India on Monday, dismissed an Appeal filed by RTI activist Mr. LokeshBatra challenging an order of Delhi High Court which ruled that the Supreme Court Registrar cannot be directed under the RTI Act to maintain records relating to period for which judgments remain pending after being reserved.

Institutional Mediation mechanism more productive in dispute resolution

The Supreme Court, in Suresh Narayan Kadam vs. Central Bank of India, stated that mediation through an institutional mechanism is more productive than one without it. Apex Court Bench comprising of Justices Madan B. Lokur and R.K. Agrawal said that institutionalized mediation is yet to be recognized as an acceptable method of dispute resolution.

Two years before is not soon before death

Supreme Court, in State of Karnataka vs. Dattaraj held that alleged demand of dowry about two years before the death of the Wife would not satisfy the requirement of “soon before her death” contemplated under Section 304B of the Indian Penal Code.

Kanhaiyya-JNU episode in SC

The Supreme Court on Wednesday strongly condemned the incident where journalists covering the JNU row case, students and teachers were thrashed at the Patiala House court by goons and allegedly by some lawyers on Monday.

The court also asked Delhi Police Commissioner to ensure security of Kanhaiya Kumar. The Court appointed a 6 member Advocate commission to proceed to the Patiala House Courts Complex and report the situation prevailing there.

A two Judge Bench of the Supreme Court on Friday, refused to entertain the Bail Application filed by Kanhaiya Kumar. The Bench comprising of Justice Chelameshwar and AM Spare directed his lawyers to file the application before Delhi High Court with proper amendments. Supreme Court also directed the Delhi High Court to expeditiously hear the bail plea of Kanhaiya Kumar.

Status quo in Arunachal Issue

The Supreme Court’s Constitution Bench passed an interim order on Wednesday directing the parties before it in the Arunachal Pradesh disqualification and President’s rule case to maintain the status quo. The order follows the Union Cabinet’s decision to lift the President’s rule imposed on 26 January, so that a new Government can be formed in the State.

SC Panel says police must not interfere in sex work ‘with consent’.

A Supreme Court Panel set up in 2011 reportedly recommended that the Police must not interfere or take criminal action against adult sex workers “participating with consent”. “Whenever there is a raid on a brothel, since voluntary sex work is not illegal and only running the brothel is unlawful, the sex workers should not be arrested or penalized or harassed or victimized,” the panel said.

Do not allot judicial work to Justice Karnan

Supreme Court on Monday, directed Madras High Court Chief Justice Sanjay KishanKaul not to allot Justice C S Karnanany more judicial work after the Madras High Court Registrar General and PS to the CJ Kaul through senior lawyer K K Venugopal amidst high drama submitted before a bench headed by Justice J S Khehar that Justice Karnan has sent a word that he will suo motu stay Chief Justice of India T S Thakur’s letter tranferring him to Calcutta High Court

On Sardar Jokes

Carrying forward the hearing on PILs seeking a ban on ‘sardar jokes’, the Supreme Court today asked petitioners Delhi Sikh Gurudwara Management Committee and the lawyer Harvinder Choudhury to come up with suggestions on what the court could do “within judicial dimensions” in this regard.

Petition to probe ‘money power angle’ in Salman acquittal dismissed

The Supreme Court on Monday, dismissed a petition for probe into if bollywood super star Salman Khan and his family used money power to secure his acquittal in 2002 hit and run case in which one person was killed.

Notice issued to Salman Khan in appeal

The Supreme Court on Friday, issued notice to bollywood superstar Salman Khan on the appeal filed by Maharashtra Government against his acquittal of Bollywood in the 2002 hit and run case.