Supreme Court Weekly Roundup (29th May 2023 - 4th June 2023)

Fact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court

[Case Title: Sebil Elanjimpally vs The State of Odisha]

Citation : 2023 LiveLaw (SC) 474

The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Supreme Court Sentences NRI Father To 6 Months Imprisonment, Imposes Rs 25 Lakhs Fine Violating Directions To Bring Minor Son To India

[Case Title: Meenal Bhargava vs Naveen Sharma & Ors.]

Citation : 2023 LiveLaw (SC) 475

The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect.

Supreme Court Quashes Departmental Proceedings Against Judicial Officer In Odisha

[Case Title: Suchismita Mishra v. High Court of Orissa & Ors | WP (C) No. 1042 of 2021]

Citation : 2023 LiveLaw (SC) 477

The Supreme Court recently quashed a charge sheet filed against a retired judicial officer in Odisha who was facing departmental proceedings for alleged irregularities committed in the process of selection of caretakers. The bench comprising Justice Bela Trivedi and Justice Ajay Rastogi further held that the judicial officer was entitled to all retirement benefits.

Judicial Review Can't Be Exercised To Re-appreciate Evidence In Departmental Enquiry Proceedings : Supreme Court

[Case Title: The Indian Oil Corporation & Ors. v Ajit Kumar Singh & Anr.]

Citation: 2023 LiveLaw (SC) 478

The Supreme Court has held that a Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and inquiry report being prepared. Evidence cannot be reappreciated at the stage of judicial review in a disciplinary proceeding as if conviction in a criminal trial is being re-examined by the next higher court.

Supreme Court Stays Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

In a special sitting held on Saturday, the Supreme Court stayed an order passed by the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. A vacation bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal passed the order after taking suo motu cognizance of the High Court's order.

News Updates

IIT- JEE Advanced | Supreme Court Dismisses Plea Against Eligibility Criteria Of 75% Marks In Class 12

The Supreme Court dismissed a challenge against a rule requiring JEE Advanced candidates to have at least 75 per cent aggregate marks in Class XII (or equivalent) Board examination, which was waived during the COVID-19 pandemic but subsequently revived.

Supreme Court Criticises "Trend" Of Seeking Bail In Money Laundering Cases Under Guise Of Challenging PMLA Provisions

The Supreme Court criticised the trend of petitioners bypassing other remedies and filing Article 32 petitions before the Apex Court to directly challenge summons or seek bail under the pretence of challenging the provisions of the Prevention of Money Laundering Act (PMLA).

State Doesn't Owe Loyalty To Any One Religion; Constitution Doesn’t Allow Preferential Treatment To Religious Majority: Justice BV Nagarathna

The State does not owe loyalty to any one religion and the Constitution requires that the religious majority in the country shouldn’t enjoy any preferential treatment, Supreme Court Judge Justice BV Nagarathna underscored.

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members

The Supreme Court directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she did not wish to live with her family. The case before the vacation bench of the Supreme Court comprising Justice Bela Trivedi and Justice Prashant Kumar Mishra was concerning an alleged abduction of the 20-year old girl by the petitioner.

Adani-Hindenburg : Did The Supreme Court Panel Ask The Right Questions?

The expert committee constituted by the Supreme Court in the Adani-Hindenburg case has made a prima facie finding that there is no regulatory failure on the part of the Securities and Exchange Board of India (SEBI) in relation to the Adani group of companies. However, a reading of the 173-page report leaves an impression that the committee has omitted to ask certain right questions.

Courts Can Delete Unnecessary Parties In PILs : Supreme Court

The Supreme Court dismissed a plea which challenged an interim order of the Uttarakhand High Court which deleted certain respondents from the array of parties while issuing notice in a case.

Supreme Court Refuses Urgent Listing For Plea Challenging Notifications Allowing Exchange Of ₹2000 Notes Without ID Proof

The Supreme Court vacation bench comprising Justice Sudhanshu Dhulia and Justice KV Viswanathan refused to entertain an urgent mentioning by Advocate Ashwini Upadhyay challenging Reserve Bank of India (RBI) and State Bank of India's (SBI) notifications that permit exchange of Rs. 2000 currency notes without requirement of any identity proof.

Law Commission Says No Need To Reconsider Law On Adverse Possession; Disagrees With Supreme Court

The Law Commission of India has recommended against enlarging the period of limitation provided under Articles 64, 65, 111, or 112 of the Limitation Act, 1963, which encapsulates the law on adverse possession. “There is no justification for introducing any change in the law relating to adverse possession,” the commission – headed by retired Karnataka High Court judge Ritu Raj Awasthi – has stated in its 280^th report on ‘The Law on Adverse Possession’.

Law Commission Recommends Retention Of Sedition Law With Certain Amendments & Increased Punishment

In a significant development, the Law Commission of India has recommended against the total repeal of sedition law (Section 124A of the Indian Penal Code) and has instead proposed that the provision be retained with certain amendments.

Supreme Court Vacates Madras HC's Stay On JPC Notice On Forest Bill After Assurance To Publish Tamil Version Of Bill

The Supreme Court stayed the order of the Madras High Court, Madurai Bench restraining the Joint Parliamentary Committee on the Forest (Conversation) Amendment Bill 2023 from proceedings in terms of the press communique issued by it, which had invited suggestions and objections from the public at large and NGOs/experts/stakeholders and institution.

Delhi Government Moves Supreme Court Against NGT Order Appointing LG As Head Of Solid Waste Management Committee

The Delhi Government has filed an appeal in the Supreme Court challenging the National Green Tribunal’s (NGT) decision to appoint Lt. Governor as head of the high-level committee for the purposes of handling solid waste management in Delhi.

Supreme Court Refuses Urgent Listing For West Bengal Govt’s Plea Against HC Order In Teachers’ Recruitment Scam Case

The Supreme Court of India refused to urgently list a special leave petition filed by the state of West Bengal against the Calcutta High Court’s decision to not give interim relief with respect to an earlier order giving liberty to the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) to interrogate the national general secretary of Trinamool Congress (TMC), Abhishek Banerjee, in connection with the primary teachers’ recruitment scam in the state.

Constitutional Institutions Important To Check Abuse Of Power & Safeguard Rights : CJI DY Chandrachud

Chief Justice of India DY Chandrachud, in a recent lecture delivered at the Cambridge Law University, highlighted the importance of Constitutional institutions, without which the constitutional rights and values cannot be safeguarded.

Regret NJAC Decision, 2018 Press Conference A Story Of 'Lost Expectations': Ex-SC Judge Justice Kurian Joseph

Former Supreme Court Judge Justice Kurian Joseph, speaking at the India Today Conclave South on 'Judicial Overreach versus Executive Interference: How to Strike a Balance', stated that he regretted his decision in the National Judicial Appointments Commission (NJAC) case.

Odisha Train Accident | PIL in SC Seeks Probe by Expert Committee Headed by Retd Judge, Guidelines for Implementation of Kavach System

Nearly two days after a horrific train accident in Odisha’s Balasore district, a public interest litigation (PIL) petition has been filed at the Supreme Court seeking a high-level probe by an expert panel headed by a retired Supreme Court, into the three train-collision which has reportedly claimed the lives of at least 288 people and injured thousands of passengers.

‘Ordinary Matters Being Listed During Vacation,’ SCAORA Alleges, Seeks Intervention of CJI DY Chandrachud

The Supreme Court Advocates-on-Record Association has alleged that ordinary matters are being listed for hearing during the ongoing summer vacation, in violation of a circular issued by the Supreme Court.

“Nobody Can Have Luxury In Jails”: Supreme Court

The Supreme Court remarked that it’s impossible for anyone to expect luxury in jails. “Nobody can have luxury in jails”, a Bench headed by Justice Bela Trivedi orally observed while hearing a plea filed by Harsh Dev Thakur seeking temporary bail in a case of financial fraud.

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation (PIL) petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment.