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Supreme Court Weekly Round-Up (18 March-23 March 2024)
Gyanvi Khanna
24 March 2024 1:04 PM IST
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a succinct overview.
Orders/ Judgments
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Coram: Justices Bela M Trivedi and Pankaj Mithal.
The Supreme Court declined to grant bail to Aam Aadmi Party (AAP) leader Satyendar Jain in a money laundering case. It also canceled the interim bail granted to him and asked Jain to surrender forthwith.
Case Title: Association for Democratic Reforms & Anr. v. Union of India & Ors., Diary No. 11805 of 2024
Coram: Chief Justice DY Chandrachud, and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra
In the latest development in the electoral bonds case, the Supreme Court asked the State Bank of India (SBI) to disclose all 'conceivable' details available with it regarding electoral bonds, including the alphanumeric number corresponding to each bond.
Case Title: JAIPUR VIDYUT VITRAN NIGAM LTD. VS. ADANI POWER RAJASTHAN LTD., 2024 LiveLaw (SC) 241
Coram: Justices Aniruddha Bose and Sanjay Kumar
The Supreme Court dismissed a Miscellaneous Application filed by Adani Power Ltd seeking payment of Rs. 1376.35 crores as an outstanding Late Payment Surcharge (LPS) from Jaipur Vidyut Vitran Nigam Limited (JVVNL) after modifying a 2020 judgment.
Case Title: Association for Democratic Reforms & Anr. v. Union of India & Ors., Diary No. 11805 of 2024
Coram: Chief Justice DY Chandrachud, and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra
The Supreme Court on Monday (March 18) refused to direct the disclosure of electoral bond details from the first date of their issuance, i.e., March 1, 2018.
Presently, the Supreme Court has only directed the State Bank of India (SBI) to disclose information relating to bonds sold since the court's interim order on April 12, 2019 until the date on which it declared the scheme unconstitutional on February 15.
Case Title: UNION OF BHARAT v. HINDU PERSONAL LAW BOARD AND ANR., T.P.(C) No. 2541/2023
Coram: Justices Surya Kant and K. V. Viswanathan
The Supreme Court transferred to itself the pending PIL before the Allahabad High Court challenging the validity of the Muslim Personal (Shariat) Application Act, 1937, and seeking a declaration that Section 494 IPC (Punishment for bigamy) is ultra vires to the Constitution of India.
Case Details : CHRISTIAN JAMES MICHEL vs. CENTRAL BUREAU OF INVESTIGATION W.P.(Crl.) No. 000140 - / 2024
Coram: CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra
The Supreme Court refused to interfere in a Petition under Article 32 filed by British Arms Counsultant Mr Christian James Michel in a plea to seek bail. The court observed that the doctrine of speciality plea as raised by the accused in the Augusta Westland Chopper Scam had been sufficiently dealt with in the previous order of the court declining his bail application under S 436A CrPC.
Case Title: Chaitanya Sharma & Ors. v. Speaker, Himachal Pradesh Legislative Assembly & Ors., Writ Petition (Civil) No. 156 of 2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court issued notice on a plea by six rebel MLAs of the Congress party challenging their disqualification from the Himachal Pradesh state assembly. However, the court clarified that their disqualification will not be stayed. At the same time, it agreed to examine the question of whether the recently announced fresh by-polls should be suspended.
Supreme Court Stays Orissa HC Order Nullifying 2019 Election Of Congress MLA Mohammed Moquim
Case Title: MOHAMMED MOQUIM v. DEBASHISH SAMANTARAY., C.A. No. 4296/2024
Coram: Surya Kant and K. V. Viswanathan
In a matter where the Orissa High Court recently (on March 04) nullified the election of Congress MLA Mohammed Moquim from Barabati Constituency in Cuttack, the Supreme Court has not only issued notice but also stayed the operation of this decision. While doing so, the bench also stated that Moquim would not be entitled to vote; however, he shall be permitted to participate in the assembly proceedings.
Case Title: Review Petition In GAURAV KUMAR @ MONU vs. THE STATE OF HARYANA., 2024 LiveLaw (SC) 242
Coram: CT Ravikumar and Rajesh Bindal
The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice (Care and Protection of Children) Rules, 2001.
Case Title: In Re: Contempt Against Upendra Nath Dalai | SMC (C) No(s).3/2023 (and connected matter)
Coram: Justice CT Ravikumar and Justice Rajesh Bindal
The Supreme Court granted bail to Upendra Nath Dalai, the man against whom contempt proceedings are going on for non-payment of cost imposed by the Court as well as for making contemptuous remarks against the Court. In addition to the civil contempt charges, the bench proceeded to initiate charges of criminal contempt as well.
Case Title: INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 - / 2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court directed the personal appearance of Patanjali's Managing Director Acharya Balakrishna and Baba Ramdev (Co-founder of Patanjali).
The Court also granted the Union of India the last opportunity to make sure that the counter affidavit filed is on record and that copies are furnished to all the relevant parties.
Case Title: KALVAKUNTLA KAVITHA v. DIRECTORATE OF ENFORCEMENT, W.P.(Crl.) No. 103/2023 (and connected matters)
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court today permitted withdrawal of the plea by Bharat Rashtra Samithi (BRS) leader and former Telangana CM's daughter K. Kavitha challenging ED summons in relation to the Delhi Excise Policy case.
Case Details: Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court directed that the Ajit Pawar faction should make a public declaration that the use of the 'clock' symbol by it for the ensuing Lok Sabha and the Maharashtra Assembly Elections is sub-judice and subject to the outcome of the challenge made by the Sharad Pawar group to the decision of the Election Commission of India (ECI) recognizing Ajit Pawar faction as the real Nationalist Congress Party (NCP).
Case Title: APOORVA ARORA & ANR. ETC. VERSUS STATE (GOVT. OF NCT OF DELHI) & ANR., 2024 LiveLaw (SC) 243
Coram: Justices A.S. Bopanna and P.S. Narasimha
The Supreme Court quashed the pending criminal case of obscenity against the makers of the Web Series named "College Romance". Reversing the findings of the Delhi High Court which had refused to quash the obscenity case against the lead casts and makers of the web series, the Bench held that vulgarity and profanities do not per se amount to obscenity.
Case Title: Kachara Vahatuk Sharamik Sangh v. Ajoy Mehta and Ors, CONMT.PET.(C) No. 1264/2018 in C.A. No. 4929/2017 (and connected matter)
Coram: Justices Vikram Nath and Satish Chandra Sharma
In a contempt petition filed against the Brihanmumbai Municipal Corporation (BMC) for non-compliance with directions to give permanent status to some of its workers, the Supreme Court flagged issues and passed directions with respect to pending verification exercise of workers.
Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman Next Friend & Ors., Special Leave Petition (Civil) No. 6388 of 2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court disposed of an appeal filed by the mosque committee challenging a high court direction to consolidate 15 suits in the case.
Case Title: Abhishek Boinpally v. Directorate of Enforcement | Special Leave Petition (Criminal) No. 9038 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court granted interim bail to Hyderabad-based businessman Abhishek Boinpally, accused in a money laundering case related to Delhi liquor policy, for four weeks.
The bench ordered the petitioner's release on interim bail for four weeks from the date he is released on the terms and conditions to be fixed by the trial court. The bench directed that the petitioner will provide one telephone number, on which the officers of the Enforcement Directorate can contact him. The passport of the petitioner has to be surrendered and he cannot leave the territory of the National Capital Region without the permission of the Court. The Court also stated that the petitioner will be entitled to travel to his hometown Hyderabad.
Case Title: Ankit Tiwari v. Inspector of Police | Special Leave Petition (Criminal) No. 3342-3343 of 2024
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court on Wednesday (March 20) granted interim bail to arrested Enforcement Directorate (ED) officer Ankit Tiwari.
Tiwari, who was arrested by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) in December, approached the apex court after his second bail plea was dismissed by the Madras High Court last week with the observation that there is no clarity as to whether the high court could proceed to decide the revision petition on merits.
Party Claiming Adverse Possession Must Know Who The Actual Owner Of Property Is: Supreme Court
Case Title: M. Radheshyamlal versus V Sandhya and Anr. Etc., 2024 LiveLaw (SC) 245
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court held that a plaintiff cannot seek ownership over the property based on the claim of an adverse possession if he fails to prove (i) who was the actual owner of the property and (ii), an uninterrupted possession for more than 12 years was in the original owner's knowledge.
Case Title: NBCC (INDIA) LIMITED VERSUS ZILLION INFRA PROJECTS PVT.LTD., 2024 LiveLaw (SC) 246
Coram: Justices B.R. Gavai and Sandeep Mehta
The Supreme Court reiterated that a dispute cannot be referred to arbitration based on the arbitration clause contained in another contract unless a specific reference was made in the main contract to incorporate the arbitration clause into the main contract.
Case Title: SATYANAND SINGH VS. UNION OF INDIA & ORS., 2024 LiveLaw (SC) 247
Coram: Justices Sanjiv Khanna and Dipankar Datta
In a major relief to an ex-army havaldar, the Supreme Court directed the Indian Army to award him a lumpsum compensation of Rs.50,00,000/- (Rupees fifty lakh only) towards compensation on account of wrongful termination of service.
Case Title: I. PERIYASAMY vs. THE STATE DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION., Diary No.- 11494 - 2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court issued notice on a petition filed by Tamil Nadu Rural Development Minister I Periyasamy challenging the Madras High Court's order setting aside his discharge in a corruption case.
Case Title: NAVAS @ MULANAVAS vs. STATE OF KERALA., 2024 LiveLaw (SC) 248
Coram: Justices B.R Gavai, K.V Vishwanathan and Sandeep Mehta
The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. These factors included the nature of injuries, the number of deceased victims, the criminal antecedents of the accused, and also whether the crime was committed while the accused was on bail.
Case Details: DEVU G. NAIR vs. THE STATE OF KERALA., 2024 LiveLaw (SC) 249
Coram: CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra
In a significant judgment, the Supreme Court has issued guidelines for the High Courts in dealing with habeas corpus petitions or petitions seeking police protection. The guidelines come as a consequence of a petition filed by a woman against a Kerala High Court order which, while considering a habeas corpus petition, directed her alleged lesbian partner to undergo counselling. The court in issuing the said guidelines observed that such directions for counselling often torment the members of the LGBTQ+ community and could have deterrent effects.
Case Title: VANSH S/O PRAKASH DOLAS VERSUS THE MINISTRY OF EDUCATION & THE MINISTRY OF HEALTH & FAMILY WELFARE & ORS., 2024 LiveLaw (SC) 250
Coram: Justices B.R. Gavai, Rajesh Bindal, and Sandeep Mehta
In a notable judgment, the Supreme Court granted a major relief to a candidate who was wrongfully denied medical admission last year in the state quota in Maharashtra in NEET-UG 2023. The Court directed that he should be accommodated in the first year of MBBS(UG) course in the same college in the next session, i.e., NEET UG-2024.
CASE TITLE: MK Ranjitsinh And Ors. v. Union of India And Ors. WP(C) No. 838/2019
Coram: Chief Justice DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court constituted an expert committee to examine the scope, feasibility and extent of installing overhead and underground powerlines in areas considered 'Priority' for the conservation of the Great Indian Bustard (GIB). The directions of the court come as a consequence of the need to strike a balance between the protection of the GIB and India's global commitment towards green energy measures.
Case Details : IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES SUO MOTO WP No. 2/2024
Coram: CJI and Justices JB Pardiwala and Manoj Misra
The Supreme Court issued interim directions for the efficient facilitation of judicial aspirants with visual impairments in the Madhya Pradesh Judicial Services Exam. The Court's interim direction comes after its suo-moto cognizance on March 7 of a letter sent to CJI DY Chandrachud by the mother of one of the visually impaired candidates against the exclusion of visually impaired candidates from judicial service.
Case Title: SOMNATH VERSUS THE STATE OF MAHARASHTRA & ORS., 2024 LiveLaw (SC) 252
Coram: Justices Vikram Nath and Ahsanuddin Amanullah
In a recent decision, the Supreme Court expressed displeasure with the conduct of the investigative agencies and the police for not adhering to the Constitutional and statutory safeguards while arresting and taking the accused into custody.
Case Title: NOBLE M PAIKADA vs. UNION OF INDIA., 2024 LiveLaw (SC) 252
Coram: Justices Abhay S. Oka and Sanjay Karol
The Supreme Court set aside an amendment that eliminated the requirement of environmental clearance for extracting the earth for linear projects such as roads, pipelines, etc. The Court termed this blanket exemption “completely unguided.” Based on this, it was held to be arbitrary and violative of Article 14 of the Indian Constitution.
Case Title: KALVAKUNTLA KAVITHA v. DIRECTORATE OF ENFORCEMENT., W.P.(Crl.) No. 153/2024
Coram: Justices Sanjiv Khanna, MM Sundresh, and Bela Trivedi
The Supreme Court issued notice to the Directorate of Enforcement (ED) on a writ petition filed by K. Kavitha, MLC of Bharat Rashtra Samithi (BRS) and daughter of former Telangana CM K Chandrashekhar Rao, challenging her arrest by the ED in relation to the Delhi Excise Policy case.
Case Title: Union of India v. Pankaj Bansal., DIARY NO. 50448 OF 2023
Coram: Justices AS Bopanna and PV Sanjay Kumar
The Supreme Court dismissed the Union's petition seeking review of Pankaj Bansal v. Union of India, in which it held that the Directorate of Enforcement (ED) must furnish the accused with the reasons for arrest in writing.
Case Title : Arshnoor Kaur and Another v. Union of India, Writ Petition(s)(Civil) No(s). 772/2023
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
Without passing any order, the Supreme Court refused to entertain an early hearing request in the plea regarding gender imbalance in Judge Advocate General's (JAG) recruitment.
Case Title: NENAVATH BUJJI ETC. VERSUS THE STATE OF TELANGANA AND ORS., 2024 LiveLaw (SC) 253
Coram: Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra
In a notable ruling, the Supreme Court has summarised the important points relating to preventive detention. The Court stated that the Inability on the part of the state's police machinery to tackle the law and order situation should not be an excuse to invoke the jurisdiction of preventive detention.
Case Title: UNION OF INDIA AND ANR. Versus AGIJ PROMOTION OF NINETEENONEA MEDIA PVT. LTD. AND ANR., SLP(C) No. 14506-14507/2021 (and connected matters)
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court today transferred to the Delhi High Court matters pending before different High Courts across the country against the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021). The order was passed to enable an analogous hearing on the issues, considering that a large number of petitions were already pending before Delhi High Court.
Mere Involvement In Sexual Offence Not Sufficient: Supreme Court Quashes Preventive Detention Order
Case Title: Vaddi Lakshmi v. State of Telangana & Ors,, 2024 LiveLaw (SC)254
Coram: Justices PS Narasimha and Aravind Kumar
In a case involving allegations of rape and extortion, the Supreme Court recently quashed a preventive detention order under the Telangana Prevention of Dangerous Activities Act, 1986 observing that mere involvement in a sexual offence (including gang rape) is not itself sufficient to invoke Section 3 of the Act (giving power to pass detention orders).
Corporate Entity's Complaint Maintainable Under Consumer Protection Act 1986 : Supreme Court
Case Title: M/S. KOZYFLEX MATTRESSES PRIVATE LIMITED VERSUS SBI GENERAL INSURANCE COMPANY LIMITED AND ANR., 2024 LiveLaw (SC) 255
Coram: Justices B.R. Gavai and Sandeep Mehta
In a significant development, the Supreme Court held that the corporate entity/company wouldn't be barred under the old Consumer Protection Act of 1986 to be treated as a 'person' for filing a consumer complaint.
Case Title: A.M. MOHAN v. THE STATE REP BY SHO., 2024 LiveLaw (SC) 197
Coram: Justices B.R Gavai, Rajesh Bindal, and Sandeep Mehta
The Supreme Court (on March 20) held that to attract the offence of cheating, it must be shown that the person who cheated was dishonestly induced to deliver the property to any person. Further, a dishonest intention must be on the part of a person accused of such an offence.
News Update
The Tamil Nadu Government approached the Supreme Court over the refusal of Governor RN Ravi to re-induct MLA K Ponmudi as a Minister in the State Government.
The Supreme Court firmly dismissed a request made by Senior Advocate Dr Adish C Aggarwala, the president of the Supreme Court Bar Association (SCBA), seeking a suo motu review of the constitution bench's February 15 judgment on electoral bonds.
Chief Justice DY Chandrachud, expressed clear disapproval, labelling Aggarwala's letter as 'publicity-oriented' and categorically stating that the request would not be entertained.
How Much Enrollment Fee Can State Bar Councils Charge? Supreme Court To Decide After Holi Recess
Case Title: Gaurav Kumar vs Union of India., W.P.(C) No. 352/2023
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court informed the petitioners seeking to challenge the enrolment fee charged by State Bar Councils that it would consider the issue after the Holi recess and deliver a judgment addressing the same.
Case Title: Indian Union of Muslim League & Ors. v. Union of India & Ors., Writ Petition (Civil) No. 1470 of 2019 and connected matters
Coram: Chief Justice DY Chandrachud, and Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice to the union government on a batch of applications seeking to stay the Citizenship Amendment Act (CAA) and the Citizenship Amendment Rules 2024. Seeking the Union's response, the court posted the matter on April 9.
PMLA | Supreme Court Posts Pleas Seeking Reconsideration Of Vijay Madanlal Judgment To July
Case Title: Directorate of Enforcement v. M/s Obulapuram Mining Company Private Limited | Criminal Appeal No. 1269 of 2017 (and connected matters)
Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi
The Supreme Court today posted to July 2024 the pleas calling for reconsideration of the judgment in Vijay Madanlal Choudhary v. Union of India, which upheld constitutional validity of various provisions of the Prevention of Money Laundering Act (PMLA).
Delhi Govt Moves Supreme Court For Release Of Rs 3000 Crore Delhi Jal Board Funds
The Delhi Government sought an urgent hearing of its petition which seeks the release of Delhi Jal Board Funds worth Rs. 3000 Crores.
Senior Advocate Mr AM Singhvi, appearing for the Delhi Govt, stressing the urgency of the matter, informed the bench led by CJI DY Chandrachud that the funds will lapse by March 31. It was emphasised that the centre has not released the funds despite the passage of the budget in the Assembly.
S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
Case: Prem Prakash v Union of India SLP(Crl) No. 691/2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
Supreme Court judge Justice Sanjiv Khanna orally observed that Section 45 of the Prevention of Money Laundering Act(PMLA) does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.
Case Title: The State of Karnataka v. The State of Tamil Nadu and Ors., ORGNL.SUIT No. 3/2021
Coram: Justices Abhay S Oka and Ujjal Bhuyan
In an original suit filed by the State of Karnataka against States/UT of Tamil Nadu, Kerala and Pondicherry over use of Cauvery river water, the Supreme Court framed issues (8 in number) and directed parties to file documents within 6 weeks.
'Important Matter': CJI DY Chandrachud Agrees To Hear Plea On Election Freebies
The Supreme Court bench led by CJI DY Chandrachud was requested to have an early hearing of the petition raising the issue of political parties promising electoral freebies. CJI agreed to retain the case on the board, terming it to be an " important matter."
Illegal Migrants Can't Be Blanketly Accepted As 'Refugees' : Centre Opposes Plea In Supreme Court To Protect Rohingyas
Case Title: PRIYALI SUR v. UNION OF INDIA, W.P.(C) No. 1060/2023
In a PIL seeking the release of detained Rohingya refugees in India, the Union made its stand clear by stating that Rohingyas are illegal immigrants and do not have the right to reside and settle, which is a fundamental right available only to the citizens.
Case Title: Nalini Chidambaram v. The Directorate of Enforcement and Ors., C.A. No. 5160-5161/2023
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court today deferred till July 10 a plea filed by Senior Advocate Nalini Chidambaram (wife of ex-Finance Minister P Chidambaram) against ED summons requiring her to appear outside her ordinary place of residence. It may be recalled that she has been roped in by agencies in relation to the Saradha chit fund scam case.
The Supreme Court Bar Association (SCBA) has sternly condemned the misconduct of a lawyer in the Gautam Budh Nagar district court against Senior Advocate Gaurav Bhatia.
The incident, which involved the snatching of the band of the senior counsel, has sparked outrage leading to the SCBA's executive committee issuing a statement of condemnation on Wednesday, March 20.
Case Title: INDIAN MEDICAL ASSOCIATION vs. UNION OF INDIA| W.P.(C) No. 000645 - / 2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Managing Director of Patanjali Ayurved Ltd, Acharya Balkrishna, has tendered an unqualified apology before the Supreme Court for publishing advertisements regarding medicinal cures in breach of an undertaking given to the Court.
Case Title: Prabir Purkayastha v. State., Diary No. 42896 of 2023
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court today posted NewsClick founder Prabir Purkayastha's plea for release on medical grounds to the first week of April. It may be recalled that Purkayastha is in custody since October 2 last year over a case under the Unlawful Activities (Prevention) Act involving allegations of Chinese funding to promote anti-national propaganda.
Supreme Court Refuses To Stay Election Commissioners' Act Dropping CJI From Selection Panel
Case Title: Dr Jaya Thakur & Ors. v. Union of India & Anr. | Writ Petition (Civil) No. 14 of 2024 and connected matters., 2024 LiveLaw (SC) 254
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court on Thursday (March 21) decided against staying the controversial Chief Election Commissioner and Other Election Commissioners Act, 2023, which removes the Chief Justice of India from the selection panel appointing election commissioners.
While refusing to stay the Act, the Supreme Court today expressed that the Union government's latest appointment of two new ECs viz. Gyanesh Kumar and Sukhbir Singh Sandhu was in haste.
Case Title: Editors Guild of India v. Union of India & Ors. | Special Leave Petition (Civil) No. 6717-6719 of 2024
Coram: Chief Justices DY Chandrachud, Justices JB Pardiwala, and Manoj Misra
The Supreme Court stayed the Union's notification of the Fact-Check Unit (FCU) under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). The stay shall operate till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.
Coram: CJI DY Chandrachud, Justice JB Pardiwala and Manoj Misra
The Supreme Court expressed displeasure at the Tamil Nadu Governor RN Ravi for refusing to re-induct MLA K Ponmudi as a Minister, even after his conviction was suspended by the Supreme Court.
The Chairman of the State Bank of India, Dinesh Kumar Khara, has filed a compliance affidavit in the Supreme Court stating that the SBI has disclosed all details relating to the Electoral Bonds to the Election Commission of India, including the unique numbers of the bonds.
Case Details: State of Kerala v. Union of India., Original Suit No. 1 of 2024
Coram: Justices Surya Kant and KV Viswanathan
The State of Kerala vehemently opposed the Union of India's limits on its borrowing powers, terming it as the central government's attempt to act like an 'executive' and control the state's financial affairs. The Centre resisted this claim, alleging that Kerala has poor financial indicators and a history of overborrowing in the recent past. The Supreme Court has now reserved its verdict.
Case Title: Arvind Kejriwal v. Directorate of Enforcement, Diary No. 13598/2024
Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi
In a turn of events, Delhi CM Arvind Kejriwal withdrew from the Supreme Court his petition challenging arrest by the Enforcement Directorate in connection with the Delhi Excise Policy case.
After Supreme Court Rap, Tamil Nadu Governor RN Ravi Agrees To Swear In K Ponmudi As Minister
The Tamil Nadu Governor Mr RN Ravi informed the Supreme Court that he has duly invited MLA K Ponmudi to swear in as the state cabinet minister at 3:30 PM. The Attorney General (AG) Mr R Venkantaramani submitted to the bench led by CJI Chandrachud that the Governor conveyed that he " had least intent to disregard the Court".
Case Details: UMANG SINGHAR vs. STATE OF MADHYA PRADESH W.P.(C) No. 000179 - / 2024
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice to the State of Madhya Pradesh on a writ petition filed by Madhya Pradesh's opposition leader Umang Singhar challenging the appointment of the State's Lokayukta.
Case: In Re Problems and Miseries of Migrant Labourers
Coram: Justices Hima Kohli and Justice Ahsanuddin Amanullah
The Supreme Court has directed the State Governments and Union Territories to grant ration cards to 8 crore workers in the Unorganised sector who, despite being registered under the center's e-Shram portal, do not have these ration cards. This, in turn, will allow these workers to get the benefit of schemes by the Union of India and state governments, as well as the benefit of the National Food Security Act, 2013 (Act). The timeline given by the Court for the task is two months.
Supreme Court Sets Aside Order Directing Bloomberg To Remove Article On Zee Entertainment Ltd
Case Details : BLOOMBERG TELEVISION PRODUCTION SERVICES INDIA PRIVATE LIMITED vs. ZEE ENTERTAINMENT ENTERPRISES LIMITED SLP(C) No. 006696 - / 2024
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court set aside the Delhi High Court's order directing news platform “The Bloomberg” to take down its allegedly defamatory article on Zee Entertainment Enterprises Limited.
Kerala Govt Moves Supreme Court Against President Withholding Assent For 4 Bills, Terms It Arbitrary
The State of Kerala has approached the Supreme Court challenging the action of the President of India in withholding assent for four out of the seven bills referred by the Kerala Governor. In its writ petition filed under Article 32 of the Constitution, the State also challenged the Governor's action of referring the bills to the President, arguing that none of the bills related to Centre-State relations to require the Presidential assent.
