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[Access to Vaccines PWD's] Supreme Court has directed the Ministry of Social Justice and Empowerment, Department of Empowerment of Disabled to invite suggestions and responses from stake holders in order to enable better access to vaccination for persons with disability. The court also clarified that this order is not a reflection of the ongoing vaccination program but is an exercise to bolster the access to vaccination for persons with disability. The court on hearing the parties noted that the issue raised by petitioners is not adversarial since access to vacation should be made for Persons With Disability. Bench: Justices Chandrachud and Sanjiv Khanna Case Title: Evara Foundation v. Union Of India And Ors Click here to read more
[FCRA Renewal] Supreme Court on Tuesday did not allow interim relief to petitioners in plea challenging a decision of the Ministry of Home Affairs, refusing the renewal of the FCRA (Foreign Contribution (Regulation) Act) registration of the NGOs including Missionaries of Charity which is a prominent organization founded by Mother Teresa in 1950. The bench noted, "if petitioners have any other suggestions, they are free to submit the same to the authorities." The bench was hearing the plea seeking quashing of the decisions through which it has refused the renewal of the FCRA registration/ canceled the registration of close to 6000 NGOs. Bench: Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice CT Ravikumar Case Title: Global Peace Initiative and Anr Vs. Union of India Click here to read more
[Judicial Academy trainings] The Supreme Court has directed the National Judicial Academy to consider suggestions in the petition over improving the quality of training and said that it permits the petitioner to submit suggestions in writing to the National Judicial Academy in this regard. Bench: Justice AM Khanwilkar and Justice Dinesh Maheshwari Case Title: Alok Kumar vs Madhya Pradesh State Judicial Academy and Anr. Click here to read more
[Deregistration of political parties offering freebies] Supreme Court has issued notice today in a plea seeking de-registration of political parties that promise “irrational freebies”. Vikas Singh, Senior Advocate, appearing for the petitioner submitted that the money of the citizens of the country is at stake and that some States which are going to the elections this year have a debt burden of Rs. 3 lakh per person. The court on hearing his submissions issued notice in the matter and listed it for further consideration after 4 weeks. The plea filed by Advocate Ashwini Kumar Upadhyay seeks the declaration of distribution of irrational freebies from public fund before election unduly influences the voters, shakes the roots of free-fair election, disturbs level playing field, vitiates the purity of election process and also violates Articles 14, 162, 266(3) and 282 of the Constitution. Bench: CJI NV Ramana, Justices AS Bopanna & Hima Kohli Case title: Ashwini Kumar Upadhyay Vs Union of India Click here to read more
[Nitish Narayan Rane] The Supreme Court today granted interim protection to Bharatiya Janata Party MLA Nitish Narayan Rane in an attempt to murder case for 10 days. The case was filed against him allegedly, after a ruckus in Maharashtra Assembly and an alleged catcall by him against Maha Chief Minister Uddhav Thackeray's son. Bench: Chief Justice of India NV Ramana and Justices Hima Kohli and AS Bopanna Case Title: Nitish Narayan Rane Vs State of Maharashtra Click here to read more
[Tihar Security] The Supreme Court on Thursday took serious note of the Delhi Government's non-appearance in a case concerning the administration of Tihar Prison in the capital. During the hearing, Justice Chandrachud called for the counsel for NCT of Delhi to appear and clarify on submission of Ministry of Home Affairs that the prisons are a state subject, therefore instructions have been issued to Delhi government in this regard, however, no one appeared on behalf of NCT of Delhi. To this, Justice Chandrachud remarked, “What on earth is happening here?” The bench also expressed its prima facie dissatisfaction with MHA's affidavit of compliance relying on contents of the model prison manual. Bench: Justices Chandrachud and MR Shah Case Title: Bhupinder Singh Vs Unitech Ltd. Click here to read more
[Bikram Singh Majithia] The Supreme Court today directed the State of Punjab not to take coercive steps against Akali Dal Leader Bikram Singh Majithia. Majithia has been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. During the hearing, the bench remarked, “This is not the election fever, this is the election virus.” The Punjab and Haryana High Court had on 24th January dismissed Majithia’s anticipatory bail plea and protected him for three days to approach the Supreme Court. Bench: Chief Justice of India NV Ramana and Justices Hima Kohli and AS Bopanna Click here to read more
[TMC intra-party conflict] The Supreme Court today dismissed a plea filed by Krishna Kanta Barman, a Zilla Parishad President and a member All India Trinamool Congress politician from Coach Behar seeking anticipatory bail on ground of intra-party conflict. Barman had alleged that despite being a member of the ruling party is a victim of political rivalry owing to many factions within the party. However, the bench said, “We could have considered had you been in the other party, you are a member of party in power. We cannot consider.” Bench: Chief Justice of India NV Ramana and Justices Hima Kohli and AS Bopanna Case Title: Krishna Kanta Barman Vs State of West Bengal Click here to read more
[BJP MLA's suspension] The Supreme Court has set aside an order of Maharashtra Legislative assembly suspending 12 MLAs belonging to the Bharatiya Janata Party for a period of one year. In the oral pronouncement of the judgment, the court noted that the order of the assembly is “unconstitutional & arbitrary”. The court further held that suspension could have only been for the ongoing session and not for a year. Bench: Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar Case Title: Ashish Shelar and Ors. vs Maharashtra Legislative Assembly Click here to read more
[Reservations in Promotions] The Supreme Court has held that the states are obligated to collect quantifiable data for determining the representation of Scheduled Castes and Scheduled Tribes (SCs and STs) in the state in the issue of extending reservation in promotions. “The review has to be conducted for the purpose of determining representation of the people belonging to the SC and ST category by the State before implementing reservation quota in the promotion," Court said. Several states had approached the Supreme Court in a Special Leave Petition as many High Courts had struck down the provisions providing reservation in promotion along with an application seeking clarification in the Jarnail Singh case. Bench: Justices LN Rao & BR Gavai Case Title: Jarnail Singh Vs. Lachhmi Narain Gupta Click here to read more
[Spicejet Winding Up] The Supreme Court has stayed the winding up process of SpiceJet after Harish Salve, Senior Advocate, appearing for the airline sought for three weeks time to hold discussion with Credit Suisse to try and settle the matter. KV Vishwanathan, Senior Advocate, appearing to Credit Suisse, agreed for the adjournment, however informed the court that “the amount they are willing to pay is not even worth mentioning.” Bench: CJI NV Ramana, Justices AS Bopanna & Hima Kohli Case Title: SpiceJet Vs. Credit Suisse Click here to read more
[Plea in SC] A petition has been filed in the Supreme Court against the release of the movie titled "Why I Killed Gandhi" on the Over The Top (OTT) service platform "Limelight" stating that the movie attempts to tarnish the image of Mahatma Gandhi and at the same time glorify Nathuram Godse. The petition has been filed by Sikandar Behl through Advocate Anuj Bhandari stating that "In the event the release and exhibition of the said movie is not stopped the same would irreparably tarnish the image of Father of Nation and would cause public unrest, hatred and disharmony." Click here to read more
[PMLA, ED Contours hearing] Senior Advocate Kapil Sibal told Supreme Court on Thursday that money laundering cannot be a standalone offence, however, the amendment in the Finance Act has made it a standalone one. At that juncture, the bench observed that, "The essence of this offence is predicate offence until predicate offence is registered, there cannot be PMLA. There cannot be an offense till it is preparatory." Bench: Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice CT Ravi Kumar Case Title: Vijay Madanlal Chaudhary and Ors. Vs. Union of India & Other Click here to read more
[Malayali actor Dileep molestation case] The Supreme Court has refused to extend the time for completion of trial of a case pertaining to abduction and molestation of a Malayalam actor, in which Malayali actor Dileep is an accused. The state of Kerala had moved the Supreme Court seeking extension of time on the ground that a new witness has approached the police. The Court on hearing the parties refused to grant an extension of time for completion of trial and further held that it would be appropriate for a Trial Judge to seek an extension, if at all it is required. With this, the application by the state of Kerala stood disposed. Bench: Justices AM Khanwilkar and CT Ravikumar Case Title: P. Gopalkrishnan @ Dileep vs State of Kerala Click here to read more
[Tarun Tejpal rape acquittal challenge] Justice L Nageswara Rao of the Supreme Court has recused himself from hearing a plea filed by journalist Tarun Tejpal against a Bombay High Court order dismissing his application for in-camera hearing, in the case challenging his acquittal in a rape case. Justice Rao said, "I represented the State in this case in the year 2015 and 2016, and hence, would recuse from hearing the matter." Bench: Justice L Nageswara Rao and BR Gavai Case Title: Tarun Jit Tejpal vs State of Goa Click here to read more
[Plea by employees of Consumer Forums] The Supreme Court has issued notice on a plea filed by employees of Consumer Forums across India under third-party contracts alleging step-motherly treatment seeking handling at par with similarly placed High Court and other forums employees. The plea has stated that the technical support staff, working with respective Consumer Forums and Commissions across India under an outsourced arrangement are being given step-motherly treatment as compared to the staff working with the other judicial Forums/Commissions such as High Court, District Court, NCLT, NCDRC, Human Right Commission, NCW, etc. Bench: Justice DY Chandrachud and Bela M Trivedi Case Title: Tage Yassingh and Ors. Vs. Union of India and Ors. Click here to read more
[COVID-19 vaccine for pregnant and lactating women] The Supreme Court has disposed a petition filed by Delhi Commission for Protection of Child Rights (DCPCR) with the directions to Union Government to consider the commission’s grievance at the policy making stage. DCPCR had filed a writ petition under Article 32 to provide effective access to vaccination to pregnant women and lactating mothers. After hearing the suggestions made by the parties , the court held that these suggestions would involve application of mind by experts, and the court may not be able to take a decision unaided by experts. Bench: Justices DY Chandrachud and Sanjiv Khanna Case Title: Delhi Commission for Protection of Child Rights Vs Union of India & Anr Click here to read more
[Conflict of Interest] The Supreme Court has pulled up a technical member of the Appellate Tribunal for Electricity (APTEL) stating that it is better to wind up tribunals if its members can't respect the propriety. A CJI-led bench noted that it was highly improper for a member to hear a matter related to GAIL after he worked for it as an officer for so many years. The Court made this observation while hearing a plea challenging order of the APTEL alleging that Ashutosh Karnatak, Technical Member, (P&NG) APTEL refused to recuse himself from hearing a matter connected with GAIL, irrespective of the fact that he worked there as a Chairman-cum-Managing Director and held many other senior posts for 38 years. Bench: Chief Justice of India NV Ramana, Justices AS Bopanna and Hima Kohli Case Title: Sravanthi Energy Private Limited and Ors. Vs. GAIL (India) Limited and Ors. Click here to read more
[COVID-19 and prisoners] The Supreme Court has asked the Kerala Government to not insist those prisoners to surrender, who were extended bail amid the COVID-19 surge in wake of the surging cases. The court further noted that the government shall ensure that no coercive action will be taken against the prisoners who are out on bail. The bench has also asked the government to assess the situation in the jails in view of the COVID-19. Bench: Justice L Nageswara Rao and BR Gavai Case Title: Dolphy Vs. State of Kerala and Anr., WeAreSaath Vs. State of Kerala and Anr. and other connected matters Click here to read more
[Break out session option] The top court recently interacted with the children of an estranged couple, using the “break out session option in the virtual court” to ascertain the maintainability of a Habeas Corpus petition filed by their mother. The petitioner-mother of two children, an American citizen, had filed a Habeas Corpus Writ Petition before the Bombay High Court against her husband, who is residing in India. She sought custody of her children currently under custody of their father on the strength of an order of a competent court of the United States, rendering the custody of the children to the husband as illegal. Bench: Chief Justice of India NV Ramana, Justices AS Bopanna and Hima Kohli Case title: DELNA KHAMBATTA (THROUGH POWER OF ATTORNEY HOLDER RUZAN KHAMBATTA) Vs STATE OF MAHARASHTRA Click here to read more
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