Supreme Court Weekly Roundup [Jan 11 – Jan 17]

Top Stories: 1. "We Are Extremely Disappointed At The Way Govt. Handling The Farmers Protests And Farm Laws",Chief Justice Bobde [Rakesh Vaishnav & Ors. v. Union of India & Ors.] The Chief Justice of India expressed that he was extremely disappointed at the way government is handling the matter. The Bench also observed that current negotiations between the two are not reaping any results and the matter needs to be resolved by a Committee. "We understand from reports that the talks are breaking down because govt wants clause by clause discussion and farmers want to repeal the whole laws. So, we will stay the implementation till the committee makes discussion," the CJI said. Also Read: 'You Made A Law Without Enough Consultation' : Supreme Court's Key Observations On Farm Laws, Farmers Protests Also Read: Supreme Court Suspends Implementation Of Three farm Laws Until Further Orders 2. Farm Laws Implementation Stayed, Committee Formed For Talks, MSP To Continue- Read Summary Of Supreme Court Directions [Rakesh Vaishnav & Ors. v. Union of India & Ors.] A three-Judge Bench of the Supreme Court stayed the operation of Three Farm Laws until further Orders. As per the order: (i) Implementation of three farm laws stayed; (ii)MSP system as it existed before the enactment of the laws must be continued; (iii)No farmer must be dispossessed or deprived of his title as a result of any action taken under the laws; (iv) Committee comprising Bhupinder Singh Mann, Pramod Kumar Joshi, Ashok Gulati, Anil Ghanwant constituted for the 'purpose of listening to the grievances of farmers relating to the farm laws and views of the government to make recommendations'; (v)The Committee shall be provided a place at Delhi and Govt to bear its expenses and give it secretarial assistance; (vi)The representatives of all the farmers' bodies, whether they are holding a protest or not and whether they support or oppose the laws SHALL participate in the deliberations of the Committee and put forth their view points'; (vii) The Committee should file the report within 2 months before the SupremeCourt. First sitting to be held within 10 days. Also Read: Supreme Court Forms Committee To Negotiate On Farm Laws With Members Supporting Farm Laws Implementation 3. 'Khalistanis Have Infiltrated Farmers Protests', Says Attorney General; Supreme Court Seeks Affidavit [Rakesh Vaishnav & Ors. v. Union of India & Ors.] The CJI-led Bench hearing the cases against the Farm laws sought an affidavit from the Central Government on the alleged presence of banned organizations among the farmers protesting against the three farm laws, after the Attorney General submitted that "Khalistanis have infiltrated the protests". In the affidavit filed the next day, the Central Government claimed that farmers are happy with the contentious farm laws which have sparked protests. The Affidavit goes on to state that the protest is limited to only one section of the country, and that the majority of the farmers "are not only happy with the legislations but are finding these legislations to be progressive and in their interest as substantially they are having one more option than the existing option". Also Read: 'Farmers Happy With Laws; Wrong Perception Created By Non-Farmer Elements': Centre's Affidavit In SC On Farmers Protests 4. "Protect Citizens' Privacy Rights": Plea In Supreme Court Challenges WhatsApp's Updated Privacy Policy A Writ Petition has been filed in the Supreme Court against the new and updated privacy of WhatsApp, a messaging application owned by Facebook. The Petition filed by Confederation of All India Traders seeks issuance direction to Union Government to take all necessary steps / actions to safeguard and secure the privacy of citizens and national security by ensuring that mobile application providers such as whatsapp and other internet based messaging services do not compromise, share and/or exploit the information and data including messages, audio, video and other information of users in any manner whatsoever. 5. 'Virtual Hearing As Good As Open Court Hearing' : Supreme Court On Plea To Resume Physical Functioning A Bench headed by CJI SA Bobde observed that Virtual hearings, though forced by the global pandemic, are "as good as Open Court Hearings". It clarified that the decision to convene Court proceedings via video conferencing is taken after extensive deliberations with medical experts. "We have been following this (VC hearing) over one year due to medical reasons…We are reviewing the situation. The decisions are taken on the basis of medical experts," the CJI said while hearing a petition seeking resumption of physical hearings. 6. Justice UU Lalit Recuses From NLSIU Appeal Against Karnataka HC Order Quashing 25% Domicile Reservation Justice UU Lalit of the Supreme Court recused himself from a matter pertaining to an...

Supreme Court Weekly Roundup [Jan 11 – Jan 17]

Akshita Saxena

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