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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.
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.
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.
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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.
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.
“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.
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.
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.
