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Supreme Court Weekly Round Up June 7 To June 13, 2021
Nupur Thapliyal
13 Jun 2021 7:16 AM GMT
JUDGMENTS THIS WEEK1. Stop Illegal Adoption Of Children Orphaned By COVID; Public Advertisements For Adoptions Unlawful : Supreme CourtTitle : In Re Contagion of COVID Virus In Children Protection HomesCitation : LL 2021 SC 268Supreme Court bench comprising of Justices L Nageswara Rao and Aniruddha Bose directed State Governments and Union Territories to act against NGOs which are indulging...
JUDGMENTS THIS WEEK
Title : In Re Contagion of COVID Virus In Children Protection Homes
Citation : LL 2021 SC 268
Supreme Court bench comprising of Justices L Nageswara Rao and Aniruddha Bose directed State Governments and Union Territories to act against NGOs which are indulging in illegal adoption.
Expressing concerns about the illegal adoption of children orphaned by COVID-19, the bench ordered thus:
"No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015.Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA. Stringent action shall be taken by the State Governments/Union Territories against agencies/individuals who are responsible for indulging in this illegal activity."
"The State Governments/Union Territories are directed to prevent any NGO from collecting funds in the names of the affected children by disclosing their identity and inviting interested persons to adopt them", the bench added.
The order was passed in the suo moto case initiated by the court to deal with the problems of children affected by COVID (In Re Contagion of COVID Virus In Children Protection Homes).
Title : In Re Contagion of COVID Virus In Children Protection Homes
Citation : LL 2021 SC 268
The bench comprising Justices L Nageswara Rao and Aniruddha Bose directed State Governments and Union Territories to ensure that there is no break in the education of children who have become orphan or lost one parent due to the COVID-19 pandemic.
"The State Government/Union Territories should ensure that there is no break in the education of children who have become orphans or lost either one parent during the Pandemic", the Court ordered.
The Supreme Court noted in the order that 30,071 children have become orphans or have lost one parent or abandoned due to COVID19 as per data collected by NCPCR till June 6 (3,621 orphans, 26,176 have lost one parent and 274 children have been abandoned).
Title - GURWINDER SINGH & ANR. v. THE STATE OF PUNJAB & ORS
Hearing an appeal against the final Judgment and order by Punjab & Haryana High Court which refused to grant protection to the couple observing that the live-in-relationship, which is morally and socially not acceptable and no protection order in the petition can be passed, the Supreme Court ordered Punjab Police to Grant Protection to the Couple.
The Bench of Justice Navin Sinha and Justice Ajay Rastogi granted liberty to the petitioners' couple to supplement their representations to the Superintendent of Police.
"Needless to state that since it concerns life and liberty, the Superintendent of Police is required to act expeditiously in accordance with law, including the grant of any protection to the petitioners in view of the apprehensions/ threats, uninfluenced by the observations of the High Court." The Court ordered.
IMPORTANT APEX COURT UPDATES
A plea has been filed before the Supreme Court challenging the Delhi High Court's recent judgement dismissing PIL seeking the temporary suspension of construction work of Central Vista Redevelopment Project in wake of Covid, while also imposing costs of 1 lakh.
The petitioners Anya Malhotra and Sohail Hashmi have also sought a stay on the impugned order dated 31st May 2021 as an interim relief.
According to the petitioners, the impugned judgement especially the imposition of exorbitant costs will have a chilling effect on public spirited citizens raising genuine issues of public health and on right of citizens to question the acts of the Government and hold it to account.
Supreme Court this week took objection to grant of parole to a UAPA Convict by the High Court of Rajasthan when the SLP was still pending before the Apex Court.
A Division Bench of Justices Indira Banerjee and Justice MR Shah made the observation while hearing an application filed by UAPA Convict, Arun Kumar Jain who is presently lodged in Central Jail, Jodhpur, seeking grant of bail for three months on ground of his father's health.
The present application had been filed in a special leave petition pending before the Supreme Court against the Rajasthan High Court's final impugned judgment dated 30th October 2018.
"When this SLP is pending before this Court, How has the High Court released you on parole? We take strong objection to this. You should have come here." Justice Shah said.
While refusing to entertain the bail plea, the Bench also hauled up the Applicant for approaching the High Court for parole when a Special Leave Petition was pending before the Supreme Court.
The Central Government this week told the Supreme Court that the Centre was actively considering the issues raised in two pleas seeking ex gratia monetary compensation of Rs. 4 lakhs or notified ex gratia monetary compensation to the families of the deceased who had succumbed to the COVID-19 pandemic.
"The issues are genuine and we will attend to it. Give me some time and we will sort it out. Let us file a Reply", said Solicitor General of India Mr.Tushar Mehta
A vacation bench Justices Ashok Bhushan and MR Shah agreed to the request of the SG.
The Supreme Court this week observed that all States must implement the" One Nation One Ration Card" scheme, which allows migrant labourers to get ration benefits from any part of the country, irrespective of the place where their ration card is registered.
This observation came after Counsels for Maharashtra and Punjab informed the Court that they had implemented the Scheme. When the Counsel for West Bengal appeared and submitted that a seeding issue for Aadhaar had prevented them from implementing the Scheme, the Bench of Justices Ashok Bhushan and MR Shah stated that no excuses could be given and that all States must implement the same.
The direction was given in the Suo Moto Case – "In Re Problems and Miseries of Migrant Workers". The Court then proceeded to reserve the judgement in the matter. Parties have been granted 3 days to file a short note.
5. Supreme Court Adjourns Plea For Induction Of Foreign Medical Graduates In COVID Force To June 15
The Supreme Court adjourned to June 15 the hearing of two petitions seeking the induction of Foreign Medical Graduates in the healthcare workforce of the country to augment the ailing healthcare system.
A vacation bench comprising Justice Indira Banerjee and Justice MR Shah could not take up the petition today due to paucity of time. The cases are Association of MD Physicians and others vs Union of India and Indian Foreign Medical Students(IFMS) Welfare MCI Gurukul Trust versus Union of India.
The Bench had however indicated that it was not inclined to grant exemption from taking exams. The observation was made with reference to the relief of a one-time exemption being sought be petitioner associations for their members, and for all other FMGs eligible to take the FMG Examination, from taking such exam, and to be inducted into the COVID-19 workforce in order to augment the health infrastructure of the country.
Observing that the Court cannot pass directions for financial relief, the Supreme Court this week disposed of a writ petition which sought financial relief in the form of fresh loan moratorium, extension of time period under the restructuring scheme and temporary cease on the declaration of NPA by the financial banks in the wake of the COVID-19 pandemic.
A acation bench comprising Justices Ashok Bhushan and MR Shah observed that it is for the Government to assess the situation and take appropriate decisions.
The bench was considering a PIL petition filed by Advocate Vishal Tiwari. The petitioner submitted that the second wave of pandemic has made at least 1 crore Indians jobless.
The Supreme Court this week rejected a prayer made in a petition filed by a group of Post Graduate medical students seeking the waiver of final exams in view of the COVID-19 pandemic situation.
A vacation bench comprising Justices Indira Banerjee and MR Shah observed that the Court cannot pass orders for waiver of exams as it was an educational policy matter.
"They will be treating patients. How can they be in hands of people who haven't cleared exams?", the bench asked during the hearing.
The bench has however issued notice to the Union Government and National Medical Commission on the other prayers made in the writ petition(Shashidhar A and others v Union of India and others).
8. 'Arbitrary' : Supreme Court Directs AIIMS To Postpone INI CET 2021 For One Month Due To COVID
The Supreme Court has directed the All India Institute of Medical Sciences(AIIMS) to postpone the INI CET 2021 exam - which was scheduled on June 16 - by at least a month in view of the COVID-19 situation.
"Considering that the candidates have been rendering Covid duties far away from Centres chosen and inadequate time for preparation, we are of view that fixation of date on June 16th is arbitrary. We direct AIIMS to postpone exam by atleast one month. Needless to mention that authorities of AIIMS would give an appropriate date from one month from 16th June", the Court directed.
A vacation bench comprising Justice Indira Banerjee and Justice MR Shah was hearing petitions challenging the conduct of the National Importance Combined Entrance Test (INI CET) examination on 16th June 2021 and seeking directions to postpone the exam being conducted for admission to postgraduate courses in leading Government Medical Institutes in the Country including AIIMS, JIPMER and NIMHANS.
The Supreme Court refused to entertain a writ petition filed by former Mumbai Police Commissioner Param Bir Singh, challenging the departmental inquiries initiated against him by the Maharashtra Government.
A Bench of Justices Hemant Gupta and V. Ramasubramanian granted liberty to the petitioner to withdraw the petition and raise his contentions before the Bombay High Court.
Although Senior Advocate Mahesh Jethmalani made elaborate arguments for Param Bir Singh, the bench was not inclined to entertain the matter.
"You are the part of a Maharashtra cadre. You served the State for 30 years. And now you don't trust the functioning of your own State ? This is a shocking allegation!", Justice Hemant Gupta observed.
Taking note of the deposit of Rupees 10 crores compensation made by the Republic of Italy, the Supreme Court this week reserved orders on the application field by the Central Government to quash the criminal proceedings pending in India against two Italian Marines -Massimilano Latorre and Salvatore Girone - with respect to the 2012 sea-firing incident near Kerala coast which killed two Indian fishermen.
A division Bench of Justice Indira Banerjee and Justice MR Shah was hearing the application filed by the Centre seeking to close the criminal cases against the two Italian Marines in India, after accepting the compensation of Rupees 10 crores offered by Italy to the victims of the 2012 sea-firing incident at international waters off Kerala coast.
Opposing the bail plea filed by filed by self-styled godman and life convict Asaram Bapu, the father of the rape victim has moved the Supreme Court stating that he will organize revenge killing of the victim, her family and the eyewitnesses if granted bail.
The plea, moved by father of the child rape victim who was 16 years of age at the time of incident, through Advocate Utsav Bains, avers that Asaram Bapu is a habitual offender who is currently facing trial for similar offences of rape.
Calling Asaram Bapu a "highly influential and politically connected person", the plea states that he "has a force of Millions of blind followers around the country and also a hired killer Kartik Haldar who killed and attacked eyewitnesses confessed to the Police that Petitioner ordered the killings."
