Supreme Court Weekly Round Up

Franklin Templeton: SEBI Appoints Observer On The Basis Of Supreme Court's December 9 Order [Chennai Financial Markets & Accountability V. The Securities Exchange Board of India & Ors.]

Securities & Exchange Board of India has appointed an Observer regarding e-voting of unit holders of six schemes of Franklin Templeton Mutual Fund. This comes in light of an order passed by top court of December 9, 2020 whereby the top court had also directed that the result of the e-voting would not be announced and would be produced before the Hon'ble Supreme Court in a sealed cover along with the report of the Observer appointed by the SEBI.

'Order Extending Limitation Due To COVID19 Still Operative': Supreme Court Directs NCDRC To Take On Record A Written Statement Filed Belatedly [M/S SS Group V. Aaditya J. Garg & Anr.]

The Supreme Court observed that its order of 23rd March 2020 extending limitation for filing in courts and tribunals is still operative. The bench comprising Justices Vineet Saran and S. Ravindra Bhat observed thus while setting aside an order passed by National Consumer Disputes Redressal Commission which declined to take a written statement on the ground that it has has no power to extend the time for filing the response to the complaint beyond 45 days.

Tablighi Jamaat: Supreme Courts Asks Centre To Facilitate Return of 36 Foreigners Who Were Acquitted [Maulana Ala Hadrami & Ors. V. UOI]

The Supreme Court on Friday asked the Centre to assist foreign nationals to head back to their countries after being absolved of all charges for allegedly flouting Covid-19-related guidelines by participating in the Tablighi Jamaat congregation at Delhi's Nizamuddin. The court further noted that the aforementioned observation would not come in the way of the concerned Department, if they intend to question the correctness of the discharge/acquittal. "Subject to that, the representation can be taken forward by the Nodal Officer expeditiously," said the bench.

No Blanket Bar To Grant Anticipatory Bail In Cases Of Illegal Quarrying/Mining, Smuggling of Sand, Minerals: Supreme Court [S. Mohamed Shahul Hameed V. State Rep. By Inspector of Police]

The Supreme Court recently clarified that a blanket restriction cannot be placed on anticipatory bail in cases of illegal quarrying/mining, theft and smuggling of sand and minerals, and that each case has to be considered on merits. The bench headed by Justice S. K. Kaul, in the course of hearing a SLP arising out of an October 16 decision of the Madras High Court denying anticipatory bail to the petitioner, noted that the High Court had, on September 3, held that no anticipatory bail shall be granted to the offences involving illegal quarrying/transportation of mines and minerals.

Farmers Protests : Petitioner Seeks To Add More Farmers Organizations As Respondents In Plea To Remove Protesters [Rishabh Sharma V. UOI & Ors.]

The petitioner in the PIL against farmers protests has filed an application in the Supreme Court to implead 35 more farmers organizations as additional respondents in the case. Last week, the Supreme Court had allowed the impleadment of eight farmers organizations. The Court said that it was considering to set up an independent committee to mediate between the protesting farmers and the Central Government. However, the Court refrained from passing any substantive directions in that regard as the impleaded eight farmers organizations did not appear before the bench on the next date of hearing.

Sabarimala : Kerala Govt Moves Supreme Court Against HC Direction To Raise Number Of Daily Permissible Pilgrims As 5000 

The Kerala Government has filed a special leave petition in the Supreme Court challenging the direction of the High Court of Kerala to raise the number of daily permissible pilgrims as 5000. Taking note of the COVID-19 pandemic situation, a High Level Committee under the Chairmanship of the Kerala Chief Minister had decided on October 5 to permit pilgrimage at Sabarimala during the present mandalakalam season allowing 1000 daily pilgrims on weekdays and 2000 daily pilgrims on weekends and 5000 daily pilgrims on special pooja days. The pilgrims were required to register through the virtual queue system and to provide Covid negative certificate from an authorized lab.

'Election Process Can't Be Interfered With' : Supreme Court Dismisses Plea Against Consecutive Reservation Of Panchayat President Posts In Kerala

A vacation bench of the Supreme Court on Thursday dismissed a plea which challenged the reservation notification issued by the State Election Commission for local body heads on the ground that it lead to successive/consecutive reservations of the posts of Panchayat Presidents and Municipality Chairpersons. "Election process can't be interfered with in the middle", a bench comprising Justices Indira Banerjee and Hemant Gupta observed while dismissing the petition.

 NEET 2020 : Supreme Court Refuses To Entertain Plea Seeking Admission To "Higher Option Seat" In AIQ [Najma P.M. V. Commissioner for Entrance]

A vacation bench of the Supreme Court on Wednesday, dismissed as withdrawn a petition challenging a December 15 judgment of Kerala High Court which had dismissed the plea of a student seeking admission to a "higher option seat" in Allotment to medical and allied courses in terms of NEET Rank in the All India Quota Seats and KEAM counselling for state of Kerala. A bench of Justices Indira Banerjee and Hemant Gupta orally observed that since the petitioner had already taken admission in terms of the All India Quota after second round of counselling, the same could not be allowed.

[Supreme Court is currently on Vacation from December 18th to January 2 2021]