Supreme Court Monthly Roundup – December 2019


TOP STORIES


Nirbhaya Case| SC rejects review petition filed by the fourth death row convict Akshay Kumar Singh

The grounds raised in the review petition were:

  • futility of awarding death sentence in Kalyug, where a person is no better than a dead body; and
  • that the level of pollution in Delhi NCR is so great that life is short anyhow and everyone is aware of what is happening in Delhi NCR in this regard and while so, there is no reason why death penalty should be awarded.

The Court said that it was unfortunate that such grounds were raised in the matter as serious as the present case.

CITIZENSHIP (AMENDMENT) ACT ROW

SC issues notice to Centre; No stay on the implementation of the Act

SC refuses to intevene in Jamia protests; Asks petitioners to approach HCs first

Hyderabad encounter| 3-member panel headed by former SC judge Justice V S Sirpurkar to look into the legality of the encounter

The Court was of the view that an inquiry commission to inquire into the encounter killings of four accused persons in the sensational gangrape-and-murder case of a veterinarian in Telangana needs to be constituted and that the inquiry needed to be completed in six months.

SC seeks responses from Centre & State Govts in a bid to “make criminal justice system responsive” in sexual assaults cases

Taking note of the fact that post Nirbhaya incident, which shocked the conscience of the nation, many amendments were introduced in criminal law redefining the ambit of offences, providing for effective and speedy investigation and trial, the Court noticed that still the desired results were not achieved and that as per the latest report of National Crime Records Bureau of Crime in India in the year 2017, total 32,559 cases of rape were registered in India.

Google India fails to gain protection under Section 79 of the IT Act, 2000; To face trial in a 2008 defamation case

The bench of Ashok Bhushan and KM Joseph, JJ has asked Google India to face trial in a 2008 criminal defamation matter and has held that Section 79 of the Information Technology Act, 2000, prior to its substitution, did not protect an intermediary in regard to the offence under Section 499/500 of the IPC.

SC bars Chidambaram from giving press interviews, while granting him bail in INX Media case

P. Chidambaram is entitled to be granted bail considering the availability of the appellant for further investigation, interrogation and facing trial is not jeopardized and he is already held to be not a ‘flight risk’ and there is no possibility of tampering the evidence. He, however, was barred from giving any press interviews nor make any public comment in connection with this case qua him or other co-accused.

Ayodhya| All petitions seeking review of the 5-judge bench Ayodhya verdict dismissed

The 5-judge bench headed by SA Bobde, CJ has dismissed a batch of petitions seeking review of its November 9 Ayodhya land dispute verdict, which cleared the way for construction of a Ram Temple at the disputed site. The bench took these review pleas for consideration in-chamber, rejected them after finding no merits.


MORE STORIES


Thrust of JJ Act is that even if a “Juvenile” is convicted, same should be obliterated as a normal person, without any stigma

The concerned person cannot be deprived of getting a job on the basis of such charges as the same had been committed while he was juvenile.

Contents of pen drive/memory card amount to documentary evidence

The contents of a memory card or a pen drive in relation to a crime amount to a ‘document’ and not a ‘material object’ and the accused would be entitled to a copy of the same to prepare his defence under Section 207 of the Code of Criminal Procedure, 1973. However, if the electronic evidence pertained to a rape case then the trial court, keeping in mind the sensitivity of the contents, could deny a copy but may allow the inspection to the accused and his/her lawyer or expert for presenting effective defence during the trial.

SC lays down guidelines for appointment of amicus curiae where there is possibility of life sentence or death sentence

Noticing that where death sentence could be one of the alternative punishments, the courts must be completely vigilant and see that full opportunity at every stage is afforded to the accused, the 3-judge bench of UU Lalit, Indu Malhotra and Krishna Murari, JJ has laid down certain guidelines to ensure the same.

Larger bench to decide the legality of domicile/residence-based reservation in admission to PG Medical Courses within the State Quota

Prima facie, it appears that even if domicile/residence-based reservation in admission to PG Medical Courses is held permissible, the mode and modalities for its application would still require further examination because it remains questionable if such reservation could be applied by way of such stipulations, as made in the impugned Clause 2B of the prospectus in question.”

Why have you stopped supply of ration to Mizoram Bru refugees? SC asks Centre

The Court has asked the Centre to explain within two weeks why it has stopped the supply of ration to the Mizoram Bru refugees in seven relief camps in Tripura that led to starvation deaths.

Expert Committee directed to enquire aspects upon need for disinfection of aircraft to control spread of vector-borne diseases

The issue of disinfecting of aircraft involves, on the one hand, concerns relating to the need to take steps for preventing the transmission of vector-borne diseases. On the other hand, it involves issues pertaining to the health of passengers and crew who may be exposed to insecticides. Hence, we are of the view that the entire matter should be directed to be considered by the above Committee.

Minimum qualifying years of service cannot be ignored for grant of invalid pension

In a case where the family of a man was awarded invalid pension by the Tribunal despite of the fact that the man had not completed the stipulated period of employment as per the Orissa Civil Services (Pension) Rules, 1992, the 3-judge bench of R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ has held that the qualifying years of service cannot be ignored for invalid pension.

Constitutional validity of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 upheld

Grant of exemption to buildings belonging to charities, religious or secular institutions from rent control legislation would not offend the equal protection clause of Article 14 of the Constitution as it is a reasonable classification based on intelligible differentia and also satisfies the test of nexus as such institutions not only serve public purpose but disbursement of their income is governed by the objects for which they are created.


IN OTHER NEWS


Justice Arun Mishra, Judge, Supreme Court, nominated as Chairman of — Supreme Court Legal Services Committee

Justice Arun Mishra asks Bar members to let go off arrogance after SC AoR Association requests him to be more patient with lawyers

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.