Supreme Court Monthly Roundup – April 2020

COVID-19 STORIES


Functioning of courts

Supreme Court issues guidelines on functioning of courts through video conferencing


Release of prisoners

Ensure that prisoners released on parole are not left stranded due to lockdown: SC to Centre

No prisoner shall be released without taking appropriate steps if he/she has suffered from coronavirus disease

SC refuses to pass blanket order for release of prisoners above 50 years of age on parole

Agusta Westland VVIP chopper scam middleman Christian Michel seeks bail; SC asks him to approach HC


Children and women in Protection & shelter homes

SC issues extensive directions to protect children in Protection Homes from spread of coronavirus

SC suggests Centre to extend directions to protect children in Protection Homes from spread of coronavirus to Nari Niketans as well


Migrant workers

SC refuses to entertain plea seeking requisition of private properties to provide shelter to migrant workers

SC seeks Centre’s response on plea seeking payment of basic minimum wages to migrant workers

Centre submits affidavit on plea seeking minimum wages for migrant workers during lockdown

SC leaves issue of payment of minimum basic wages to migrant workers to Centre


Healthcare professionals, testing kits, masks, etc.

Doctors and healthcare professionals are “warriors”; protect them: SC issues directions

Don’t charge exorbitant fees from public for Coronavirus testing: SC asks Centre

SC seeks Centre’s response on PIL calling for WHO-approved protection kits for health care professionals

We are making masks, sanitisers, etc available to public at reasonable price: Govt. tells SC

Everyone not eligible for free testing kits; To be made free only to the economically weaker sections of society

SC refuses to pass order on petition seeking changes in the treatment guidelines; Asks ICMR to look into the matter


Other orders

Ration to people without ration cards: SC refuses to pass order on ‘policy issue’

Not appropriate to impose a financial emergency right now; SC adjourns the matter

This institution is not hostage of government: Furious SC tells advocate Prashant Bhushan during migrant workers hearing


TOP STORIES


Uniform NEET for admission to Medical & Dental courses does not violate rights of the unaided/aided minority institutions

“There is no right given to maladminister the education derogatory to the national interest. The quality of medical education is imperative to sub­serve the national interest, and the merit cannot be compromised.”

Scandalous allegations against SC judges: SC finds all 3 advocates guilty of contempt

“The allegations are also scurrilous and scandalous and such allegations cannot be permitted to be made against the Judges of highest Court of the country.”

Some relief to finacially stressed Vodafone Idea as SC directs payment of Rs.733 Crores tax refund within 4 weeks

Vodafone Idea had sought Rs 4,759.07 crore in tax refund from for Assessment Years 2014-15, 2015-16, 2016-17 and 2017-18. The Court directed a tax refund of Rs.733 Crores to the company within 4 weeks. It also directed the Income Tax department to conclude the proceedings initiated pursuant to notice under sub-section (2) of Section 143 of the Act in respect of AY 2016-17 and 2017-18 as early as possible.

Centre to pay Rs. 1 Lakh compensation for improper handling of sexual harassment allegation by former RAW agent Nisha Priya Bhatia

The Court upheld the compulsory retirement for former RAW agent Nisha Priya Bhatia, who had levelled sexual harassment complaints against colleagues Ashok Chaturvedi and Sunil Uke, on the ground of “exposure” having regard to the nature of work of the Organisation of which confidentiality and secrecy are inalienable elements. It, however, asked the Centre to pay, within 6 weeks, compensation quantified at Rs.1,00,000/­  to Nisha Priya Bhatia for violation of her fundamental rights to life and dignity, as a result of the improper handling of her complaint of sexual harassment.

Arnab Goswami vs Sonia Gandhi Row| SC grants 3 weeks protection from arrest to Arnab Goswami; stays all but one FIR

In the petition filed by Republic TV editor Arnab Goswami, challenging the FIRs registered against him in various parts of the country for alleged defamation of Congress President Sonia Gandhi, the bench of Dr. DY Chandrachud and MR Shah, JJ has granted 3 weeks of interim protection and no coercive action against the petitioner, Arnab Goswami.

Andhra Pradesh’s 100% reservation for Scheduled Tribe candidates for the post of teachers without rhyme or reason: SC

The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ held that there was no rhyme or reason with the State Government to resort to 100% reservation.

“It was least expected from the functionary like Government to act in aforesaid manner as they were bound by the dictum laid down by this Court in Indra Sawhney and other decisions holding that the limit of reservation not to exceed 50%.”

Madhya Pradesh Governor had the Constitutional authority to order floor test: SC

“In a situation where the Governor has reasons to believe that the Council of Ministers headed by the Chief Minister has lost the confidence of the House, constitutional propriety requires that the issue be resolved by calling for a floor test. The Governor in calling for a floor test cannot be construed to have acted beyond the bounds of constitutional authority.”


MORE STORIES


SC quashes Income Tax department notice to NDTV seeking to re-assessment of for financial year 2007-08

Legislature has not defeated the dictum in Bharat Earth Movers case by inserting clause (f) to Section 43B of the IT Act

State Government cannot fix the “minimum price” of sugarcane once Centre has already fixed it

Petition for removal of Karnataka-Kerala border disposed of after SG apprises agreement already been reached between States

Medical Oxygen IP and Nitrous Oxide IP are ‘drugs’ as per Section 3(b)(i) of the the Drugs and Cosmetics Act 1940

 

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