Supreme Court weekly round up - News Updates [April 4-9, 2022]

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  1. [Vaccine Mandate] The Supreme Court dismissed a plea challenging a circular by Ahmedabad Municipal Corporation Ahmedabad Municipal Corporation’s (AMC) circular restraining unvaccinated people from accessing public utilities such as zonal offices, zoos, AMTC, BRTS, sports complexes etc. This plea was an appeal against the order of Gujarat High Court which dismissed the PIL challenging the vaccine mandate. The High Court had held that it is essential to get vaccinated with two doses as prescribed to protect people from COVID-19.
    Bench: Justices Chandrachud and Surya Kant
    Case Title: Nishant Babubhai Prajapati vs. Union of India
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  2. [Fodder Scam] Supreme Court has issued notice in the plea challenging grant of bail to Rashtriya Janata Dal (RJD) Leader, Lalu Prasad Yadav in the cases related to Fodder Scam by the Jharkhand High Court. A division bench issued notice in both the petitions challenging separate orders of the High Court allowing bail. Additional Solicitor General SV Raju appearing for the State submitted that the High Court has not considered 2 sections. On February 21, 2022, Prasad has been sentenced to 5 years imprisonment and directed to pay ₹60 lakh as a fine in the fodder scam case by a CBI special court in Ranchi.
    Bench: Justice L Nagweswara Rao and Justice BR Gavai
    Case Title: State of Jharkhand vs. Lalu Prasad Yadav
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  3. [Fundamental Duties] Attorney General of India KK Venugopal has objected to the plea seeking enforcement of fundamental duties. He told the top court that Department of Justice has put in tremendous effort to sensitise people about fundamental duties. He further submitted that leaders of the country have time and again spoken of fundamental duties. The court said that it had issued notice in the matter only to ascertain whether the government has taken any steps pursuant to the judgment it had passed in Ranganath Mishra Vs. Union of India.
    Bench: Justices Sanjay Kishan Kaul and MM Sundaresh
    Case Title: Durga Dutt vs. Union of India
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  4. [Lakhimpur Kheri Violence] The Supreme Court has reserved the judgment in the plea moved by the kin of the victims of Lakhimpur Kheri violence seeking cancelation of the bail granted to Ashish Mishra, the prime accused in the case. A special bench heard the case at length with Dushyant Dave, Sr. Adv, appearing for one of the petitioners, Ranjit Kumar Sr. Adv appearing for Mishra and Mahesh Jethmalani Sr. Adv appearing for the State of UP.
    Bench: Chief Justice of India NV Ramana with Justices Surya Kant and Hima Kohli
    Case Title: Jagjeet Singh & Ors vs. Ashsih Mishra
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  5. [NGT Act] The Supreme Court while hearing a plea challenging the constitutional validity of the National Green Tribunal Act said, "We don't want to use the word but the legislature has been dumb in this regard." A division bench further noted that every case from the National Green Tribunal ultimately ends up before the top court. However, Attorney General KK Venugopal objected stating that he doesn't think that it is in the domain of the apex court to decide which cases NGT should hear. The bench was hearing a petition filed by the Madhya Pradesh High Court Bar Association challenging Section 3 of the NGT Act regarding the establishment of the tribunal.
    Bench: Justice KM Joseph and Justice Hrishikesh Roy
    Case Title: Madhya Pradesh High Court Bae Association vs. Union of India & Ors.
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  6. [Electoral Bonds] Chief Justice of India Justice NV Ramana has agreed to list and hear a plea challenging the laws that enable sale of electoral bonds by political parties. It is to be noted that the outcome of this plea will have implications on political parties as parties raise funds through issuing electoral bonds. The plea was mentioned by Prashant Bhushan, Advocate, who said, “It has been reported this morning that a Calcutta based company has paid Rs. 40 crores through electoral bonds to stop excise rate. It is distorting democracy.”
    Bench: Chief Justice of India Justice NV Ramana with Justice Krishna Murari and Hima Kohli.
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  7. [NEET PG-2022] The Supreme Court dismissed a plea moved by NEET PG aspirants seeking extension of deadlines for completion of internship beyond July 31, 2022 on the ground that their internships commenced late owing to compulsory Covid-19 duty. Court while dismissing the plea noted, “Though there will be undoubtably an element of hardship, it would not be possible at this stage to disrupt the education of a large body of students.”
    Bench: Justices DY Chandrachud, Surya Kant and Bela Trivedi
    Case Title: Shikar vs. National Board of Examination
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  8. [PMLA Act] The Supreme Court has asked the Central Government to resolve the issue of the Enforcement Directorate (ED) attaching the property brought by a fresh owner through an insolvency process while taking action against the previous owner under the Prevention of Money Laundering Act. A CJI led bench while hearing a plea against the provisional attachment order released by ED in relation to the properties of Bhushan Power and Steel asked Solicitor General Tushar Mehta as to how can a property brought by a fresh owner be attached for the offenses under PMLA by an earlier owner?
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli
    Case Title: Committee of Creditors vs. Directorate of Enforcement
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  9. [Blue corner notice] Supreme Court has permitted the Central Bureau of Investigation (CBI) to coordinate with Interpol and issue a blue corner notice against one Khaled Kamal Hussein Mohamed Kassem, an Egyptian citizen, who despite the orders of the Bombay High Court directing him to stay in the country, left the country with his child. The Bombay High Court, on January 13, 2020, in a divorce proceeding between Kaseem and his wife, had granted custody of the child to Kassem. The court had, however, directed Kassem to stay in Pune with the child for a period of eight weeks from the day of the order. Despite this order, Kassem by an email dated February 16, 2020 indicated that he had left the country with the child.
    Bench: Justices DY Chandrachud, Surya Kant and Sanjeev Khanna
    Case Title: Paulami Apte vs. Khaled Kamal Hussein Mohammad Kassem
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  10. [Death Penalty] The Supreme Court has recently remarked that it would like to discuss the possibility of giving defense party the facility of interviewing the accused who is facing death penalty, right at the beginning of the trial, and submit a comprehensive analysis at a stage when the matter is considered from the standpoint whether death sentence be imposed or not. However, before laying down any norms or guidelines, Court deemed it appropriate to issue notice to the Attorney General for India seeking his input. Court has also issued notice to Member Secretary, National Legal Services Authority (NALSA) to present the view on behalf of NALSA as well.
    Bench: Justices UU Lalit, S Ravindra Bhat and PS Narsimha
    Case Title: Irfan @ Bhayu Mevati vs. State Of Madhya Pradesh
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  11. [Future-Amazon dispute] Disposing of a Special Leave Petition (SLP) seeking resumption of arbitral proceedings between Amazon and Future Retail Limited, the Chief Justice of India Justice NV Ramana remarked “I hope, I don’t get to hear any other matter pertaining to this dispute during my tenure as the Chief Justice.” He further informed senior advocates Gopal Subramanium, Ranjit Kumar, Mukul Rohatgi and KV Vishwanathan to appear before him in any matter but this.
    Bench: Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli
    Case Title: Amazon vs. Future Retail Ltd.
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  12. [Domestic Violence Act] Supreme Court directed the Central Government to file a status report regarding the implementation of the Protection of Women from Domestic Violence Act. Noting that the budget constraints for effective implementation of the provisions of the Act have surfaced, Court directed the Central Government to file a status report within 2 weeks. Passing the order, a three judge bench of said, "This is unsolicited advice, whenever you come up with such an enactment the monetary aspect has to be kept in mind, Right to Education is an appropriate example, the Act was made, but where are the school, how are you going to arrange the teachers? Many of them are getting Rs. 5000 only (in remuneration), all this has to be seen."
    Bench: Justice UU Lalit, Justice S Ravindra Bhat and Justice PS Narasimha
    Case Title: We the Women of India vs. Union of India & Ors.
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  13. [Mullaperiyar Dam Safety] Supreme Court has said that the order on the Supervisory Committee will be pronounced tomorrow while hearing matter raising the Mullaperiyar dam safety issue. The bench while referring to the argument made by the Kerala Government objecting to the temporary committee arrangement being proposed by the Central Government said that "A half-baked cake will destroy the Dam". The Court further said that "Today an immediate direction is required for the safety of the dam. It is a request to both the States, let the water flow safely."
    Bench: Justice AM Khanwilkar and Justice Abhay S Oka and Justice CT Ravikumar
    Case Title: Dr Joe Joseph & Ors. vs. State of Tamil Nadu & Ors.
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  14. [Hajj tax exemption] The Supreme Court has opined that if the tax exemption is allowed for Hajj Pilgrimage then everyone going to Varanasi may also claim the exemption. It added that the exemption is for all cultures, it is not specific to Hajj. Court made these observations in a plea seeking GST and Service Tax exemption on Hajj pilgrimage. The bench was hearing a batch of petitions filed by All India Haj Umrah Tour Organizer Associations seeking the removal of GST and Service Taxes on the Hajj services provided to Hajis of India in Saudi Arabia.
    Bench: Justice AM Khanwilkar, Abhay S Oka and Justice CT Ravikumar
    Case Title: All India Haj Umrah Tour Organizer Association Mumbai vs. Union of India & Ors.
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  15. [NCLT Members tenure] The Supreme Court has recently issued notice on a plea challenging the notification fixing the tenure of National Company Law Tribunal Members at 3 years while seeking direction to modify the same to 5 years. While issuing notice in the matter, the court listed the same for hearing after 4 weeks.  A petition as wfiled by National Company Law Tribunal Bar Association challenging the notification issued by the Ministry of Corporate Affairs fixing the term to 3 years of attaining the age of 65 years.
    Bench: Justice L Nageswara Rao, Justice BR Gavai, and Justice Aniruddha Bose
    Case Title: National Company Law Tribunal Bar Association vs. Union of India
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  16. [NEET PG] Supreme Court has dismissed a plea moved by students who had resigned from the seats secured by them in the second round of State Quota Counselling, seeking permission to participate in the fresh Mop-Up round. The plea was filed by students from Gujarat and Maharashtra. Court, however, has allowed these students to 'rejoin' the State Quota seats that they have resigned by April 9, 2022. While dismissing the plea, Court remarked that there cannot be an absolutely foolproof system and that orders have to attain finality at some point in time.
    Bench: Justices DY Chandrachud, Sanjeev Khanna and Surya Kant
    Case Title: Dr. Suraj Shete vs. Medical Counselling Committee
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  17. [Delhi-Dehradun Highway] Supreme Court has refused to issue notice in plea by Citizens for Green Doon challenging the expansion of Delhi-Dehradun expressway. The court however stated that on Monday, it will consider whether a non-government member/organisation can be appointed to the 12 member expert committee set-up by National Green Tribunal.  Citizens for Green Doon, an NGO had filed an appeal against the order of the NGT, challenging the Stage-I Forest Clearance and Wildlife Clearance granted for the improvement and expansion of National Highway-72 from Delhi to Dehradun.
    Bench: Justices Chandrachud and Aniruddha Bose
    Case Title: Citizens for Green Doon vs. Union of India
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  18. [FCRA Amendment Act, 2020] The Supreme Court while upholding the provisions of the Foreign Contribution Regulation (Amendment) Act, 2020 (FCRA) said that, "It is unfathomable as to how the amended provision can be regarded as unconstitutional on any parameter," in a plea which averred that taking the shield of the Covid pandemic, several NGOs and individuals are misusing the relaxation being provided by the Ministry of Home Affairs under the Foreign Contribution Regulation (Amendment) Act, 2020 (FCRA). A three judge bench in connection with the Section 12A of the Act said that the said Section is, "permitting the key functionaries/office bearers of the applicant (associations/NGOs) who are Indian nationals, to produce Indian Passport for the purpose of their identification. That shall be regarded as substantial compliance of the mandate in Section 12A concerning identification."
    Bench: Justice A.M. Khanwilkar, Justice Dinesh Maheshwari and Justice C.T. Ravikumar
    Case Title: Vinay Vinayak Joshi vs. Union of India and Ors.
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  19. [Mullaperiyar Dam] The Supreme Court has directed the State of Kerala and Tamil Nadu to extend whatever possible assistance is required by the Supervisory Committee while pronouncing its order over the issue of the Supervisory Committee in the matter concerning the safety of the Mullaperiyar dam. A three-judge bench said, "The Supervisory Committee can also entertain the applications of the locals on the suggestions and threats on the dam safety issue and address the same in a time-bound manner."
    Bench: of Justice AM Khanwilkar and Justice Abhay S Oka and Justice CT Ravikumar
    Case Title: Dr Joe Joseph & Ors. vs. State of Tamil Nadu & Ors.
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  20. [Comments against Judges] The Chief Justice of India Justice NV Ramana recently remarked, “There is a new trend that the government has started maligning judges. It’s unfortunate! Earlier it used to be done by private parties, now the government is also doing it.” The above remark was made when the bench was hearing a plea by State of Chattisgarh, challenging the order of the High Court which quashed an FIR against former Principal Secretary to the Chief Minister, Aman Kumar Singh. The FIR against Singh was registered under Prevention of Corruption Act.
    Bench: CJI NV Ramana and consisting of Justices Krishna Murari and Hima Kohli
    Case Title: State of Chattisgarh vs. Aman Kumar Singh
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  21. [Plea in SC] A writ petition has been moved before the Supreme Court seeking directions for caste-based census for the Other Backward Classes (OBCs) in the 16th Indian Census which will be taken this year. The petitioner, Krishan Kanhaya Pal, a practicing advocate at the Allahabad High Court, belongs to the 'Gaderia' caste which is listed in the OBC category. In his petition, which was filed in September last year but got listed after a long time, Pal states that caste-based census of the OBCs is a 'vital necessity'.
    Case Title: Krishan Kanhaya Pal Advocate vs. Union of India & Ors.
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  22. [Vyapam Scam] The 'whistleblower' in the Vyapam Scam case Dr. Anand Rai has moved the Supreme Court challenging the Madhya Pradesh High Court order dismissing his plea seeking quashing of FIR in an alleged defamation case. Rai has alleged that since he is the whistleblower of the infamous Vyapam scam arising out of the State of Madhya Pradesh, the State government has had an ax to grind against him. Notably, according to News Reports, Rai was arrested in Delhi on Thursday by the MP Police in relation to the same FIR.
    Case Title: Dr Anand Rai vs. State of Madhya Pradesh and Anr.
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  23. [Bineesh Kodiyeri] The Enforcement of Directorate (ED) has moved Supreme Court seeking cancellation of bail to Bineesh Kodiyeri, son of former Kerala State Secretary CPI(M) Kodiyeri Balakrishnan by Karnataka High Court in a Money Laundering case. The plea states that economic offences have deep rooted conspiracies and involve huge loss of public funds and as such they need to be viewed seriously and considered as grave offence affecting the economy of the country as a whole, thereby posing serious threat to the financial health.
    Case Title: Directorate of Enforcement vs. Bineesh Kodiyeri 
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  24. [Plea in SC] The Central Government has moved an application before the Apex Court seeking direction to initiate a CBI/ NIA probe against Individuals/ organizations conspiring, abetting and facilitating filing of petitions premised on false and fabricated evidence before the Supreme Court with a motive to either deter the security agencies to act against the Left Wing (Naxal) militia by imputing false charges on them or to screen off the Left Wing (Naxal) militia from being brought to justice by creating a false narrative of victimization. The application has been filed in a 2009 Public Interest Litigation moved against the Special Security Forces and Chattisgarh Police over the alleged killing of tribals in Dantewada District, Chattisgarh in September and October 2009.
    Case Title: Himanshu Kumar & Ors. vs. State of Chattisgarh
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  25. [MBBS Admissions] Supreme Court has stayed the order of the Bombay High Court permitting Annasaheb Chudaman Patil Medical College to admit 100 MBBS students for the academic year 2021-22. Court further granted liberty to the National Medical Commission to carry out a fresh inspection within a period of two months for the purpose of determining as to whether any deficiencies in complying with its norms continue to exist from the previous inspection. Supreme Court in February 2022 had set aside two orders of the Aurangabad bench of Bombay High Court which allowed re-inspection of the college after the commission had refused to grant permission to increase its intake from 100 students to 150 students.
    Bench: Justices DY Chandrachud and Aniruddha Bose
    Case Title: National Medical Commission vs. Annasaheb Chudaman Patil Medical College
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  26. [Plea in SC]  Another petition has been moved before the Supreme Court challenging the Karnataka High Court order in the Hijab row stating that associating scarf/hijab with Muslims only is actually an insult to the centuries-old tradition and practice of covering our heads in India which dates back to even before the commencement of Islam. The petition filed by one Charanjeet Kaur states that " the girl students and female teachers used to cover their heads with scarf/hijab since decades unknown; and, covering heads by the female of our society is a vital tradition and practice in our subcontinent since centuries unknown."
    Case Title: Charanjeet Kaur vs. Union of India & Ors.
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  27. [Tamil Nadu godman Shiva Sankar Baba] A Supreme Court division bench has granted bail to a Tamil Nadu godman Shiva Sankar Baba (C.N.Shiva Sankaran). Court also asked him not to use social media to influence the witnesses in child abuse cases registered against him. Earlier, Shankaran was denied bail by Madras High Court as the State of Tamil Nadu had argued before the court that Shankaran is capable of influencing the victims and witnesses if he is released on bail. The high court had further opined that there was a prima facie case made out against Shankaran.
    Bench: Justices Nageshwar Rao and Gavai
    Case Title: Shiva Shankaran vs. State of Tamil Nadu
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  28. [Deportation of Rohingya-Bangladeshi infiltrators] The Chief Justice of India Justice (CJI) NV Ramana while hearing a mentioning of BJP leader and advocate Ashwini Upadhyay seeking listing of his plea which has sought detection and deportation of Rohingya-Bangladeshi infiltrators, remarked, “These are definitely important issues, however what is the purpose of elected representatives?” Upadhyay submitted that notice has been issued to all the States in this matter and the States have come forward and filed their counter affidavits. The CJI then told Solicitor General Tushar Mehta, who was present in the court, that the court would list the matter if the centre was ready.
    Bench: CJI Ramana, with Justices Surya Kant and Hima Kohli
    Case Title: Ashwini Kumar Upadhyay vs. Union of India
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  29. [Sarda Mines Case] The Chief Justice of India Justice NV Ramana has remarked that the Supreme Court cannot entertain plea for impleadment filed by Ministry of Mines in the Sarada Mines case as it cannot allow everyone to pray for the same in every matter. Solicitor General Tushar Mehta who was appearing for the Ministry of Mines replied, “With great respect, central government is not 'everyone'.” Sarada Mines has filed a special leave petition in the Supreme Court against an order of the Odisha High Court wherein the High Court had held that the company had waived it's right for grant of lease of 30 years which it had obtained earlier by executing a lease for 20 years and the provisions of Mines and Minerals Development Act, 2015 operated as a bar to seek any renewal beyond 20 years. 
    Bench:  CJI Ramana, with Justices Surya Kant and Hima Kohli
    Case Title: Sarada Mines Private Limited vs. State of Odisha
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  30. [Plea in SC]  A Public Interest Litigation has been filed before the Supreme Court seeking comprehensive guidelines for protection of doctors regularly falling victim to physical assault by families of the patients at slightest suspicion over treatment and delay in recovery of the patient. The petition moved by the Indian Medical Association (Dwarka) and filed through Advocate Shashank Deo Sudhi highlights the recent incident of death of a practicing gynecologist doctor namely Dr. Archana Sharma of Jaipur (Rajasthan) on March 29, 2022.
    Case Title: Indian Medical Association (Dwarka) vs. Union of India & Ors.
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  31. [CBI challenge to release of funds] The Supreme Court has dismissed a plea moved by the Central Bureau of Investigation (CBI) challenging the order of the Karnataka High Court which had directed the release of cash seized by the CBI from the registered office of a Bengaluru-based company and from the residence of Sachin Narayan, an associate of Karnataka Pradesh Congress Committee president DK Shivakumar.
    Bench: Chief Justice of India NV Ramana and consisting of Justices Krishna Murari and Hima Kohli 
    Case Title: CBI vs. Wellworth Pvt. Ltd.
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  32. [Rajasthan Waqf Board-Tiranga Hills] Supreme Court has reserved order in a plea by Rajasthan Waqf Board challenging the High Court order permitting Jindal Saw Ltd. to remove a dilapidated platform(chabutra) at Tiranga Hills (Pahari) for mining. The Waqf Board has claimed that the structure that has been sought to be demolished is a mosque prominently known as Kalindiri, which is a Waqf property. Notably, the High Court, while dismissing the writ, had held that no details were provided by the Waqf Department as to whom and how the present alleged "Waqf Property" was dedicated.
    Bench: Justices Hemant Gupta and Ramasubramanian
    Case Title: Rajasthan Waqf Board vs. Jindal Saw Ltd
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  33. [BCI's dominant position] The Supreme Court has dismissed the plea by a 52 year old man, which states that he is working as an executive engineer in Central Public Works Department (CPWD) and has challenged Clause 28 of Rules of Legal Education, 2008 according to which, candidates belonging to General category who have attained the age of more than 30 years, are barred from pursuing legal education. The petitioner had initially approached the Competition Commission of India (CCI) stating that the Bar Council of India, by misusing its dominant power has allegedly imposed maximum age restrictions upon the new entrants to enter into the legal education and thus, created indirect barriers to the new entrants in the profession of legal service. He further submitted before the CCI that by having done so, the BCI has also allegedly indulged in colourable exercise of power.
    Bench: Justice Sanjay Kishan Kaul and MM Sundaresh
    Case Title: Raveendra Babu vs. CCI
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  34. [Children on Street situation] Supreme Court has directed the District Child Protection Units to ensure that there is no impediment to the Children claiming benefits under the schemes who have lost one or both parents. A division bench further directed that the State Government shall inform about the efforts being made out by the authorities to reach out to these children. Court noted that the National Commission for the Protection of Child Rights (NCPCR) report shows that 10793 have become orphans and 151322 have lost at least one parent.
    Bench: Justice L Nageswara Rao and Justice BR Gavai
    Case Title: In Re Children in Need of Care and Protection due to Loss of Parents During COVID-19
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  35. [Great Indian Bustard] Supreme Court has sought a status report on the compliance of its earlier order directing the States of Rajasthan and Gujarat to convert their overhead power cables into underground power lines for the protection of the Great Indian Bustard. The present matter is a Public Interest Litigation sought against the State, its agencies, and other corporates operating in the said region for undergrounding high voltage wires in ‘priority areas’ and installation of diverters in the ‘potential areas’ of the Great Indian Bustard, a critically endangered species.
    Bench: Justice DY Chandrachud, Justice AS Bopanna and Justice V Ramasubramanian
    Case Title: M.K. Ranjitsinh & Ors. vs. Union of India & Ors
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