Supreme Court Weekly Roundup [Jan 18 – Jan 24]

Top Stories: 1. Supreme Court Dismisses Review Petitions Challenging Aadhaar Verdict, Justice Chandrachud Dissents [Beghar Foundation v. Justice K.S. Puttaswamy (Retd.)] The Supreme Court, by 4:1 majority, has dismissed a batch of review petitions challenging the judgment of the Constitution Bench in Aadhaar case [Puttaswamy (Aadhaar-5J.) v Union of India]. While Justices AM Khanwilkar, Ashok Bhushan, S. Abdul Nazeer and BR Gavai observed that no case for review of judgment, Justice DY Chandrachud expressed his dissent. The review petitions were not heard in open court, but 'by circulation'. According to majority, a change in the law or subsequent decision/judgment of a coordinate or larger Bench by itself cannot be regarded as a ground for review. On the other hand, Justice Chandrachud opined that the review petitions should be kept pending until the larger bench decides the questions referred to it in Rojer Mathew. Also Read: Constitutional Error To Hold At This Stage That No Ground Exists To Review Aadhaar Verdict: Justice Chandrachud Dissents 2. Supreme Court Issues Notice On Plea For Reconstitution Of Committee To Resolve Deadlock Between Farmers and Govt A Bench led by CJI SA Bobde issued notice on an application seeking re-constitution of the Committee appointed by the Top Court for the purpose of holding talks between the Central Government and the farmers for a resolution of the protests due to the three contentious farm laws. The Court noted that there is a vacancy in the committee following the resignation of BS Mann. The Bench however expressed dissatisfaction at the manner in which unnecessary aspersions were cast on the Committee members and said that the Supreme Court does not appreciate branding people like this. It observed that the Committee members are experts in the field of agriculture and merely because they have expressed opinions in different context doesn't amount to their disqualification. Also Read: Just Because A Person Has Expressed Views On A Matter, It Does Not Disqualify Him From Being A Member Of A Committee: CJI Bobde Also Read: 'They Are Brilliant Minds; Why Malign Them For Their Views?' : CJI On Criticism Against Farm Laws Committee Also Read: "Farmer Unions Will Not Appear Before Committee, They Are Totally Convinced That Farm Laws Need To Be Repealed": Dave, Bhushan Tell Supreme Court 3. 'You Are At Liberty To Invoke All Powers Under Law' : Supreme Court Tells Centre On Plea To Stop Tractor Rally A Bench led by CJI SA Bobde told the Delhi Police that it is the 'first authority' to decide whether protesting farmers can be granted entry into the national capital or not. "The question of entry into Delhi is a law and order situation that is to be determined by the police…whether who should be allowed and who should not be allowed and the number of people who can enter are all matters of law and order to be dealt with the by the police. We are not the first authority. You are at liberty to invoke all powers under the law," the CJI told the Attorney General. The observation was made by while hearing an application filed by the Delhi Police seeking for an injunction against the tractor rally proposed to be carried out by farmers in Delhi on the Republic Day to show their protest against the contentious farm laws. Also Read: "We Will Not Pass Orders, You Withdraw It":Supreme Court Allows Centre To Withdraw Plea To Restrain Farmers' Tractor Rally On Republic Day 4. 'We Also Want To Get Back To Action': Supreme Court Expresses Intention To Reassess Possibility Of Physical Hearings A Bench headed by the Chief Justice of India expressed an inclination to reassess the possibility of resuming physical hearings. He observed that the Court is eager to "go back to action", however, the same would be done only after taking into account the opinion of health authorities. The Court was presiding over two pleas challenging the decision of the Delhi High Court to resume large-scale physical hearing before itself and subordinate courts in Delhi with effect from January 18, without giving a choice to lawyers to appear via the virtual mode. Also Read: 'We Trust That The Chief Justice Of Delhi HC Will Do The Needful' : SC Disposes Of As Withdrawn Lawyers' Pleas Against Physical Hearings In Delhi Also Read: Delhi High Court Modifies Office Order, Allows Lawyers To Appear Either By Physical Or Virtual Mode 5. 'Pre-Litigation Mediation May Not Be Feasible': Supreme Court Asks NALSA To Consider Post-Cognizance Mediation Of Cheque Bounce Cases U/ S 138 NI Act [In Re Expeditious Trial of Cases Under Section 138 of the NI Act] A Bench led by CJI SA Bobde observed that NALSA's recommendations on pre-litigation mediation for settlement of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 may not be feasible. Taking into account the issues relating to ...

Supreme Court Weekly Roundup [Jan 18 – Jan 24]

Akshita Saxena

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