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Supreme Court Weekly Round-Up (19 August-24 August, 2024)
Gyanvi Khanna
26 Aug 2024 5:33 AM GMT
Live Law has got you covered with all the latest updates of this last week. This includes the orders passed by the Supreme Court in RG Kar Hospital Rape & Murder case, the judgment passed "In Re: Right to Privacy of Adolescents” and much more. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during...
Live Law has got you covered with all the latest updates of this last week. This includes the orders passed by the Supreme Court in RG Kar Hospital Rape & Murder case, the judgment passed "In Re: Right to Privacy of Adolescents” and much more. 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.
Judgments/ Orders
Case Title: HUSSAINBHAI ASGARALI LOKHANDWALA VERSUS STATE OF GUJARAT, CRIMINAL APPEAL NO. 1691 OF 2023
The Supreme Court in a recent case allowed the release of a convict in a 24-year-old case of culpable homicide by altering the punishment imposed on him to the period already suffered in incarceration.
The Court justified the conviction under Section 304 Part II of the Indian Penal Code (IPC) upon finding that the convict was a young man at the time of the incident and had acted without any premeditation in the fit of anger which led to the occurrence of crime.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
The Federation of Association of Medical Consultants of India (FAMCI) has filed an intervention in the suo moto case taken by the Supreme Court over the RG Kar Hospital doctor's rape and murder . The intervenors have raised safety concerns for medical workers in hospitals across the country in the absence of any centralised laws.
To address the systemic issues regarding the lack of safety for medical professionals, the Supreme Court ordered the formation of a National Task Force to give recommendations on the modalities to be followed all over the country.
Case Details: In Re: Right to Privacy Of Adolescents, Suo Moto WP(C) No. 3 of 2023
The Supreme Court on Tuesday (August 20) delivered its judgment in a suo motu case titled "In Re: Right to Privacy of Adolescents," which was initiated over the controversial remarks made by the Calcutta High Court in a judgment delivered on October 18, 2023.
Case Title: MEHMOOD PRACHA Versus ELECTION COMMISSION OF INDIA, W.P.(C) No. 473/2024
The Supreme Court today dismissed a plea seeking inquiry into the allegations of Electronic Voting Machine (EVM) manipulations and violations by the Election Commission of India during Lok Sabha Elections 2024.
A bench of Justices Sanjiv Khanna and Sanjay Kumar passed the order, observing that omnibus and vague assertions had been made by the petitioner and that he has already approached the Delhi High Court with regard to a particular constituency.
Supreme Court Permits Teesta Setalvad To Travel To Malaysia For Anti-Racism Conference
Case Details: TEESTA ATUL SETALVAD vs. THE STATE OF GUJARAT v. Diary No. - 35856/2024
The Supreme Court today (on August 20) has permitted human rights activist Teesta Setalvad to travel to Selangor, Malaysia from August 31 to September 10. The purpose of this travel is to attend a conference pertaining to anti-racism.
Case Title: GAUTAM KUMAR DAS VERSUS NCT OF DELHI AND OTHERS, SLP(Crl) No. 005171 - / 2024
While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.
Case Details: Shabna Abdulla v. The Union of India & Ors, Criminal Appeal No. 3282 of 2024
The Supreme Court today (August 20) quashed a detention order upheld by a division bench of the Kerala High Court, noting that once the coordinate bench of the High Court had set aside the detention based on same grounds and material relied, the division bench could not have ignored the same.
Case Title: RAMNARESH @ RINKU KUSHWAH AND OTHERS VERSUS STATE OF MADHYA PRADESH AND OTHERS, SLP(C) No. 2111 of 2024
The Supreme Court on Tuesday (Aug. 20) set aside the Madhya Pradesh High Court's order which refused to allow admission of the meritorious reserved category candidates to the unreserved (UR) category.
Case Details : HARISH RANA Versus UNION OF INDIA AND ORS. SLP(C) No. 18225/2024
The Supreme Court on Tuesday (August 20) expressed disinclination to entertain the plea of a man for euthanasia, observing that it was not a case of "passive euthanasia" as he was not completely dependent on life-support machines.
Case Details : CHIRAG BHANU SINGH VS. THE STATE OF HIMACHAL PRADESH W.P.(C) No. 000312 - / 2024
The Supreme Court (on August 06) reserved judgment on a plea filed by two senior district judges, contending that the Himachal Pradesh High Court collegium has ignored their merit and seniority while proposing names for elevation to the High Court.
Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995
The Supreme Court (on August 07) directed the State Governments/Union Territories to file an affidavit, inter-alia, to chart out the reasons why the CAMPA(Compensatory Afforestation Fund Management and Planning Authority) Funds, created to use it for compensatory afforestation and allied activities, have not been utilised.
Why Ask Lawyers To File Physical Copies In Addition To E-Filed Copies? Supreme Court Asks NCDRC
Case Details : USHA GARG VS. UNION OF INDIA W.P.(C) No. 000313 - / 2024
The Supreme Court on Tuesday (August 20) verbally observed that asking advocates to file physical copies of their appeals/applications at the National Consumer Disputes Redressal Commission (NCDRC) in addition to virtual filing would defeat the purposes of e-filing.
Case Title: LAISHRAM TARAJEET SINGH & ANR. VERSUS VINEET JOSHI & ORS., CONMT.PET.(C) No. 611-620/2024
The Supreme Court recently issued contempt notice to the Chief Secretary of Manipur-Vineet Joshi in a case filed by serving officers of the State, alleging willful disobedience of the Court's order.
A bench of Justices CT Ravikumar and Sanjay Karol issued the notice, dispensing with the personal presence of the alleged contemnors (Joshi and Land Resources Department Secretary-Namoijam Kheda Vrata Singh) for the time being.
Case Title: N.A HARIS Versus K. SHIVAKUMAR AND ORS., SLP(C) No. 8299/2024
The Supreme Court today refused to interfere with Karnataka High Court's decision to continue hearing an election petition filed by BJP's K Shivakumar challenging the election of Congress MLA NA Haris from Shantinagar assembly constituency in the Karnataka Legislative Assembly Elections (2023).
Case Details: FR. ABRAHAM THAZHATHEDATHU vs. THE STATE OF MADHYA PRADESH., Atul Abraham Vs State of MP, Diary No. - 31739/2024
The Supreme Court (on August 20) granted bail to principals of various schools and officer bearers of the Schools' Managing Committee (including a Bishop) in Jabalpur who were arrested for allegedly raising the fees and selling the books with different ISBN numbers.
Case Title: REKHA SHARMA VERSUS THE RAJASTHAN HIGH COURT, JODHPUR & ANR., CIVIL APPEAL NO. 5051 OF 2023 (and connected matter)
The Supreme Court on Wednesday (Aug. 21) held that non-fixation of the cut-off marks for the category of persons with benchmark disability falling under an Overall Horizontal Reservation could neither be said to be arbitrary nor violative of the Fundamental Rights.
Case Title – Ashok Kumar v. State of Uttar Pradesh & Anr.
The Supreme Court on Tuesday (August 20) pulled up the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for making false statement in an affidavit filed before the court regarding the delay in processing a convict's plea for permanent remission.
Case Details: Mohammed Jabir v. National Investigation Agency, Diary No. 34469-2024
The Supreme Court today (August 21) agreed to consider the question of law whether the default bail filed under Section 167(2) (procedure when investigation cannot be completed within twenty-four hours) of Code of Criminal Procedure could take precedence over an application for extension of time to file chargesheet under Section 43D(2) of Unlawful Activities (Prevention) Act, 1967 (UAPA) if both are filed on same day.
Case Title – Kousik Das & Ors. v. State of West Bengal & Ors.
The Supreme Court will decide the issue of whether a Diploma in Elementary Education (D.El.Ed.) obtained through an 18-month distance learning program is equivalent to a two-year diploma course, as prescribed by the National Council for Teacher Education (NCTE).
Supreme Court Dismisses Plea Against Bail Granted To Accused In Gauri Lankesh Murder Case
Case Details: Kavitha Lankesh v. The State Of Karnataka & Ors, Special Leave to Appeal (Crl.) No. 740/2024
The Supreme Court on August 21 dismissed a special leave petition seeking cancellation of bail of Mohan Nayak N, an accused in the murder case of journalist and activist Gauri Lankesh.
While hearing the suo motu case on the RG Kar Hospital murder-rape crime, the Supreme Court on Thursday (August 22) reiterated it appeal to the protesting doctors to return to their duties.
The Court passed an order protecting the doctors from coercive actions for protesting till today if they resume duties.
Case Details : GLAS TRUST COMPANY LLC Vs BYJU RAVEENDRAN | Diary No. - 35406/2024
The Supreme Court on Thursday (August 22) refused to stay the meeting of the Committee of Creditors formed by the Resolution Professional in relation to the insolvency resolution of ed-tech firm Byju's.
Although Senior Advocate Dr Abhishek Manu Singhvi (for Byjus) and Solicitor General of India Tushar Mehta (for the BCCI) made fervent and repeated submissions to stay the CoC meeting, the Court was not persuaded.
Supreme Court Asks Maharashtra Govt To Hand Over Land For New Bombay HC Building By Aug 31
Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT
Today, the Supreme Court issued new deadline of August 31 for the Maharashtra Government to handover the land in the Bandra Kurla Complex allotted for the new building of the Bombay High Court, considering the speedily dilapidating condition of the 150-year-old structure.
Case Details: Girish Gandhi v. The State of Uttar Pradesh & Ors., WP (Crl) No. 149 of 2024.
The Supreme Court today (August 22) held that if an accused, involved in multiple cases, is enlarged on bail and is unable to find multiple sureties, the court must balance the requirement of sureties with his right to personal liberty guaranteed under Article 21.
Supreme Court Seeks TN Govt Response On Plea Challenging Savukku Shankar's Preventive Detention
Case Details : A. KAMALA vs. STATE OF TAMIL NADU W.P.(Crl.) No. 000352 / 2024
The Supreme Court today (August 22) issued notice to the State of Tamil Nadu in the plea challenging the recent detention of YouTuber Savukku Shankar under the preventive detention law.
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the habeas corpus petition filed by his mother.
Case Details: Girish Gandhi v. The State of Uttar Pradesh & Ors., WP (Crl) No. 149 of 2024.
Today, the Supreme Court while holding that the accused need not furnish multiple sureties against multiple bail orders, emphasised that courts can do away with the condition of local surety if its insistence delays the release of the accused from jail and renders the bail order ineffective.
Case Title: All India Judges Association v. UoI and Ors., WP(C) No. 643/2015
The Supreme Court on Thursday (August 22) directed the personal appearances of Chief and Financial Secretaries of States/UTs which have not complied with the earlier directions on payment of arrears to judicial officers in terms of the Second National Judicial Pay Commission recommendations.
Case Title – Radheyshyam & Ors. v. State of Rajasthan & Anr
The Supreme Court recently observed that mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust. Quashing a criminal case against three persons for failing to execute a sale despite an agreement to sell a property.
Case Title – P Arun Prasad and Anr. v. Union of India and Ors.
The Supreme Court recently emphasised that every State organ, especially the ones associated with environment protection such as Chhattisgarh Environment Conservation Board (CECB) must diligently ensure timely compliance with the directions of the National Green Tribunal.
Case Title: AJAY KUMAR GUPTA VERSUS UNION OF INDIA, CRIMINAL APPEAL NO. 878 OF 2019
The Supreme Court on Thursday (Aug. 22) set aside the conviction of an accused under the Narcotic Drugs and Psychotropic Substances Act after the prosecution failed to establish that the Appellant/accused conspired in the transportation of a psychotropic substance.
Case Title: Shajan Skaria v The State of Kerala | Crl.A. No. 002622 / 2024
The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.
Case Title: MAITREYEE CHAKRABORTY VERSUS THE TRIPURA UNIVERSITY & ORS., SLP (CIVIL) NO. 16944 of 2022
While directing the Tripura University to decide the plea for regularization of an Assistant Professor (Law) engaged by it on "lien vacancy", the Supreme Court recently observed that a statutory body such as a University cannot act unfairly and arbitrarily in matters of regularization. The decision to regularize should not be based "on the whims of the decision-making authority"; rather, it should have good reasons to justify the exercise of its power.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013
In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.
Case Title: RAJKARAN SINGH & ORS. VERSUS UNION OF INDIA & ORS., C.A. No. 009721 / 2024
The Supreme Court on Thursday (Aug. 22) observed that the employees who were performing the duties indistinguishable from the regular government employees cannot be deprived of the benefits accorded to the government employees.
Case Details: Satender Kumar Antil v. Central Bureau of Investigation & Anr, Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl) No. 5191/2021
The Supreme Court recently directed that every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil's case within 1 week of recording such non-compliance.
Supreme Court Orders CBI Inquiry Into Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
Case Details: UNION TERRITORY OF CHANDIGARH v. MOHIT DHAWAN., Special Leave Petition (Criminal) No. 3405 of 2023
The Supreme Court has, through its order dated August 06, ordered CBI to conduct a preliminary enquiry into allegations against Chandigarh police for alleged illegalities in the arrest of Chandigarh-based dentist Mohit Dhawan.
Case Title: Shajan Skaria v. State of Kerala
The Supreme Court on Friday (August 20) held that mere insult of a member of a Scheduled Caste (SC) or Scheduled Tribe (ST) is not an offence under the SC and ST (Prevention of Atrocities) Act, 1989 unless the accused had the intention to humiliate based on caste identity.
Case Title: BS Yediyurappa v Abraham TJ And Ors. SLP(Crl) No. 8675/2022
The Supreme Court on Friday (August 23) pondered whether a prior sanction under the Prevention of Corruption Act 1988 (PCA) would be required for a Magistrate to direct an investigation into cognisable offences by a public servant relating to PCA under S.156(3) of CrPC.
Case Title: Delhi Race Club (1940) Ltd. & Ors. Versus State of Uttar Pradesh & Anr., CRIMINAL APPEAL NO. 3114 OF 2024
The Supreme Court on Friday (Aug. 23) suggested that police officers across the country should be imparted proper training in law to understand the fine distinction between the offences of cheating and criminal breach of trust.
Case Title – Swati Priyadarshini v. State of Madhya Pradesh & Ors., 2024 LiveLaw (SC) 604
The Supreme Court on Thursday emphasized that mere non mention of background situation in a termination order does not make it non-stigmatic and the court can look into the context to determine the true nature of the termination order.
Case Details: M/S. Karnataka EMTA Coal Mines Limited And Another v. Central Bureau of Investigation, Criminal Appeal No. 1659-1660 of 2024
The Supreme Court on August 23 quashed two orders passed by the Special Judge, CBI framing charges in a corruption case against the appellants including Karnataka EMTA Coal Mines Ltd.
In this case, the appellants filed criminal appeals under Article 136 of the Indian Constitution in light of directions passed by the Supreme Court in Manohar Lal Sharma v. Principal Secretary and Anr (2014).
News
Centre Seeks Time To Verify And Clear Bills Of Lawyers Representing Delhi Govt
Case Title: Government of NCT of Delhi v. Union of India and Ors., W.P.(C) No. 140/2024
The Supreme Court on Tuesday (August 20) adjourned the hearing of a petition filed by the Delhi government against the Union of India & Delhi Lieutenant Governor (LG) assailing non-payment of its lawyers' bills, after the Union's counsel sought 4 weeks' time to verify and clear the bills of the lawyers engaged to represent Delhi government (against the Union).
Case Details: INDIAN NATIONAL CONGRESS v. Versus DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -19 AND ORS., Diary No. 12713-2024
The Supreme Court, today (on August 20), issued notice on the petition filed by the Indian National Congress(INC) against the Delhi High Court rejecting its application for a stay on the recovery of income tax demand for an Assessment Year 2018-2019.
Case Title: UP Congress Committee (I) Vs State of UP., SLP(C) No. 828/2024
The Supreme Court today (on August 20) extended the stay granted from the recovery of Rs 2.66 crores from the Uttar Pradesh Congress Committee (UPCC) towards the dues to the Uttar Pradesh State Transport Corporation (UPSRTC). Pertinently, the dues were for using the buses and taxis of the UPSRTC for its political purposes between 1981-89, the period during which the Congress party was in power in the State.
Seeking Stay Of HC Judgment Scrapping OBC Classifications, West Bengal Govt Tells Supreme Court
Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024
The West Bengal Government on Tuesday (August 20) told the Supreme Court that it was seeking stay of the Calcutta High Court's judgment which quashed the classification of seventy seven communities as Other Backward Classes (OBCs).
Case Title – V. Senthil Balaji v. Deputy Director., SLP (Crl.) No. 3986/2024
The Supreme Court on Tuesday (August 20) observed that the ED must either rely on a complete trial of all three predicate offences against Senthil Balaji in the money laundering case against him or decide to let go of some cases as predicate offence. The Court observed that splitting the trial would not serve any purpose.
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 4677/1985
The Supreme Court on Tuesday (August 20) indicated that it will issue contempt notice on even slightest non-compliance of conditions imposed by it while permitting felling of large number of trees in Delhi.
Case Details: RE: STRENGTHENING AND ENHANCING THE INSTITUTIONAL STRENGTH OF BAR ASSOCIATIONS Versus THE REGISTRAR GENERAL AND ORS., SLP(C) No. 3950/2024
The Supreme Court today (on August 21) stressed the need to come up with guidelines or parameters that can be enforced for Bar Associations across the country.
The Bench of Justices Surya Kant and Dipankar Datta said that it was not an adversarial litigation and underscored that this is a long-term investment and is important for the institution. “Unless, we start doing something now, how will we succeed? It cannot be magical wand to do everything. From this point of view start giving your suggestions.”
Case Title – Jaishri Laxmanrao Patil v. State of Punjab
A review petition has been filed in the Supreme Court challenging the judgment delivered on August 1, 2024, by a seven-judge bench which permitted the sub-classification of Scheduled Castes (SCs) for providing separate quotas for more backward groups within the SC categories.
Case Title – Ashok Kumar v. State of Uttar Pradesh & Anr.
The Supreme Court on Tuesday (August 20) pulled up the Principal Secretary of the Prison Administration and Reforms Department of Uttar Pradesh for making false statement in an affidavit filed before the court regarding the delay in processing a convict's plea for permanent remission.
Case Details: Mohammed Jabir v. National Investigation Agency, Diary No. 34469-2024
The Supreme Court today (August 21) agreed to consider the question of law whether the default bail filed under Section 167(2) (procedure when investigation cannot be completed within twenty-four hours) of Code of Criminal Procedure could take precedence over an application for extension of time to file chargesheet under Section 43D(2) of Unlawful Activities (Prevention) Act, 1967 (UAPA) if both are filed on same day.
Case Title – Kousik Das & Ors. v. State of West Bengal & Ors.
The Supreme Court will decide the issue of whether a Diploma in Elementary Education (D.El.Ed.) obtained through an 18-month distance learning program is equivalent to a two-year diploma course, as prescribed by the National Council for Teacher Education (NCTE).
Case Details : M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI & ORS. | Civil Appeal No(s).841/2018
The Supreme Court today (August 21) reserved its judgement on the issue of whether a person holding a driving license in respect of a “light motor vehicle” (LMV), could on the strength of that license, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg.
Bhima Koregaon Bail : Supreme Court To Consider Hearing Jyoti Jagtap & Mahesh Raut Matters Together
Case Details: Jyoti Jagtap v. National Investigation Agency & Anr. | Criminal Appeal No. 2598 of 2023
On being apprised that challenge to the bail granted to co-accused Mahesh Raut is pending before another bench, the Supreme Court bench dealing with the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap asked the Registry today to obtain orders for conjoint hearing of the two cases.
Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024
The Supreme Court today (on August 22), in a matter related to the blockade on the national highway at the Shambhu border, said that it will pass an order concerning the constitution of a Committee, to negotiate with the protesting farmers, within a week.
Case Title – Vairamuthu v. State of Tamil Nadu., 2024 LiveLaw (SC) 596
The Supreme Court on Tuesday (August 20) directed the Registrar (Judicial Listing) to ensure that the assistants perform their work diligently and warned of serious consequences if recurrence of any error in the case files is noticed.
All Critical Decisions On New Excise Policy Taken At Kejriwal's Behest : CBI To Supreme Court
Case Title: Arvind Kejriwal v. Central Bureau of Investigation, SLP(Crl) No. 11023/2024 (and connected case)
In a counter-affidavit filed before the Supreme Court opposing Delhi CM Arvind Kejriwal's pleas challenging arrest and seeking bail in the Delhi Liquor Policy case, the Central Bureau of Investigation has stated that all critical decisions in the formulation of the excise policy were taken at Kejriwal's behest and there is substantial evidence pointing to his involvement.
Case Title – Y. Balaji v. Assistant Commissioner of Police Central Crime Branch (Job Racketing) & Anr.
The Supreme Court on Friday (August 23) said that it would first see how the trial in the Tamil Nadu cash for jobs scam, in which former Tamil Nadu minister Senthil Balaji is the prime accused, is proceedings before considering the appointment of a Special Public Prosecutor.
Case Details : A. Shankar @Savukku Shankar v. State of Tamil Nadu &Ors. W.P.(Crl.) No. 000340 / 2024
The Supreme Court today (August 23) heard the challenge to the 16 FIRs filed against YouTuber Savukku Shankar over an online interview.
The bench of Justices JB Pardiwala and Manoj Misra adjourned the hearing allowing some time to the State of Tamil Nadu to file additional documents pertaining to the case.
Case Details : SUKHDEV SINGH v SUKHBIR KAUR Civil Appeal No(s). 2536/2019
The Supreme Court is due to consider the issue whether alimony can be granted where the marriage has been declared void.
The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) and a bench comprising 3 Judges be set up to resolve the issue.
