Supreme Court Monthly Roundup – January 2020


TOP STORIES


Citizenship (Amendment) Act row|

No stay on CAA as SC asks Centre to file response within 4 weeks

Country is going through difficult times: SC while refusing urgent hearing on plea seeking to declare CAA as constitutional

Sabarimala Case|

9-Judge Bench asks advocates to fine-tune the ‘broad’ issues

Hearing before the 9-judge bench to conclude in 10 days

Nirbhaya Case|

SC dismisses Mukesh Kumar’s plea against rejection of mercy plea

SC yet again rejects Pawan Kumar’s plea of juvenility

SC dismisses Pawan Kumar’s plea seeking review of order rejecting juvenility claim

Akshay Kumar Singh’s curative petition dismissed by a 5-judge bench

Article 370| Review all orders imposing curbs in a week and put them in public domain: SC to J&K administration

In a major verdict, the 3-judge bench of NV Ramana, R Subhash Reddy and BR Gavai, JJ has asked J&K administration to review all orders imposing curbs on telecom and internet services in the state in a week and put them in public domain.

“The existing Suspension Rules neither provide for a periodic review nor a time limitation for an order issued under the Suspension Rules. Till this gap is filled, the Review Committee constituted under Rule 2(5) of the Suspension Rules must conduct a periodic review within seven working days of the previous review, in terms of the requirements under Rule 2(6).”

Delhi-NCR Pollution| Show cause notice to Delhi, Rajasthan, UP and Haryana Govts & an extensive list of directions to curb the ‘life threatening” pollution

The bench of Arun Mishra and Deepak Gupta, JJ has issued a long list of directions to curb the Delhi-NCR Pollution after noticing that,

“the air pollution is worsening, and a large number of people suffer as a side effect by various diseases such as cancer, asthma, etc.The life span is also adversely affected.”

5-judge bench holds no time limit could be fixed while granting anticipatory bail

In a significant ruling, a 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat, JJ has unanimously ruled that the protection granted to a person under Section 438 Cr.PC should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time.


MORE STORIES


2002 Gujarat riots| SC grants bail to 14 convicts in Sardarpura massacre case; Asks them to do ‘social service’

A bench headed by CJI SA Bobde has granted bail to 14 convicts in the Sardarpura village massacre case where 33 people were burnt alive during the 2002 communal riots in Gujarat. The 14 convicts who had been sentenced to life imprisonment have been asked by the Court to do social and spiritual services among others during the period of the bail.

Bhopal gas tragedy| Justice S Ravindra Bhat recuses from hearing Centre’s plea for additional fund

Justice S Ravindra Bhat has recused himself from hearing the Centre’s plea seeking Rs 7,844 crore as additional fund from successor firms of US-based Union Carbide Corporation for giving compensation to the 1984 Bhopal gas tragedy victims.

Notice issued to Centre on plea claiming 2,000 transgenders excluded from NRC in Assam

A Bench headed by CJI SA Bobde has issued a notice to the Central government on a petition claiming that around 2,000 transgenders were excluded from the National Register of Citizens (NRC) list in Assam. The petition, filed by Assam’s first transgender judge Swati Bidhan, said that NRC was not inclusive of the transgenders and forced them to accept male or female as their gender.

Centre moves SC seeking 7-day deadline for hanging death row convicts

The Centre has moved the Supreme Court for fixing a seven-day deadline for executing death penalty of condemned prisoners. The plea of the Ministry of Home Affairs (MHA) assumes significance in view of the the death row convicts in the sensational Nirbhaya gangrape and murder case of 2012 filing review, curative and mercy petitions, which has delayed their hanging.

Prisoners under lawful detention can’t use Habeas corpus writ to seek pre-mature release

In a case where pre-mature release of convicts was sought in terms of a Scheme framed by the Government of Tamil Nadu, the bench of SA Nazeer and Deepak Gupta, JJ observed that a writ of  habeas corpus  will not lie and such a prayer should be rejected by the Court where detention or imprisonment of the person whose release is sought is in accordance with the decision rendered by a court of law or by an authority in accordance with law.

SC dilutes unwarranted observations made by SAT casting aspersions on SEBI’s role in disposing of complaint connected with Times Group

A Division Bench of Arun Mishra and Indira Banerjee, JJ., diluted certain adverse observations made by the Securities Appellate Tribunal (“SAT”) against the Securities and Exchange Board of India (“SEBI”) in para 20 of its order passed in Ashok Dayabhai Shah v. SEBI (Appeal No. 428 of 2019, dt. 14-11-2019).

“It’s so sad!” that NCPCR and State Commissions are fighting over jurisdiction when they should be protecting the rights of the children

Showing dismay over the fact that the National Commission for Protection of Child Rights (NCPCR) and the West Bengal Commissions for Protection of Child Rights set up to protect children have been at loggerheads over their so called jurisdictions, the bench of Deepak Gupta and Aniruddha Bose, JJ held that there is no dispute over the jurisdiction of the two Commissions and that it was sorry that it had to spend its time resolving such disputes.

Non-compliance of Rule 180 of the Army Rules, 1954 cannot be a ground for ordering a re-trial

In a case where an Armed Force Tribunal ordered retrial on the ground that the procedure prescribed in Rule 180 of the Army Rules, 1954 had not been followed, the bench of L. Nageswara Rao and Ajay Rastogi, JJ has held that non-compliance of Rule 180 cannot be a ground for ordering a re-trial as the Tribunal does not have jurisdiction to direct re-trial on any other ground except that mentioned in Section 16(2) of the Armed Forces Tribunal Act, 2007.

Object of achieving educational excellence cannot be subsided merely in the name of exercise of Right under Article 30 of the Constitution

If the intent is to achieve excellence in education, would it be enough if the concerned educational institutions were to employ teachers with minimum requisite qualifications in the name of exercise of Right under Article 30 of the Constitution, while better qualified teachers are available to impart education?”

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