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Supreme Court Weekly Round-Up (15th April-20th April, 2024)
Gyanvi Khanna
21 April 2024 10:55 AM GMT
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates of the Constitution Bench hearing on overlapping powers between the Centre and States regarding Industrial Alcohol, providing a succinct overview.
Orders/ Judgments
Coram: Justices Aniruddha Bose and PV Sanjay Kumar
Case title: Hanif Ansari Vs state (Govt of NCT of Delhi) (SLP (Crl.) No(s). 15293/2023
The Supreme Court has referred to a larger bench the question as to whether a person accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act 1985 is entitled to default bail on the failure of the prosecution to furnish the report of the Forensic Science Laboratory along with the chargesheet within the prescribed time.
Case Title: ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 5154/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court issued notice to the Enforcement Directorate (ED) on the petition filed by Delhi Chief Minister Arvind Kejriwal against his arrest by the ED in connection with the Delhi liquor policy case. Seeking the ED's response, the Court posted the matter in the week commencing on April 29, 2024.
CASE Title: AMANATULLAH KHAN vs. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 4837/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court refused to entertain the petition filed by Aam Aadmi Party MLA Amanatullah Khan against the dismissal of his anticipatory bail by the Delhi High Court, in a money laundering case related to alleged irregularities in the recruitment of the Delhi Wakf Board.
However, at the same time, the Bench expressed their reservations with regard to certain observations on the merits of the matter made by the Delhi High Court in the impugned judgment.
Case Title: Vishal Tiwari vs. Union of India, Diary No.- 23592 - 2023
Coram: Justices Surya Kant and KV Viswanathan
Appreciating the steps taken by Indian Railways for the implementation of 'Kavach (anti-collision) System' in trains, the Supreme Court disposed of a Public Interest Litigation (PIL).
The PIL was filed by Advocate Vishal Tiwari following the Balasore train accident of last year seeking improvement of the anti-collision measures in railways.
Case Details: NAULAK KHAMSUANTHANG vs. ELECTION COMMISSION OF INDIA., W.P.(C) No. 000243 - / 2024
Coram: CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra
The Supreme Court declined to entertain a petition seeking voting arrangements for approximately18,000 who got displaced from Manipur due to the ethnic clash to cast their votes in their home constituency in the Lok Sabha General Elections scheduled to take place on April 19 and 26.
Case Title: SANDIPKUMAR M. PATEL & ANR. v. THE STATE OF GUJARAT & ORS., Diary No(s). 16341/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court refused to interfere in a petition filed by two practising advocates from Gujarat challenging an inquiry ordered by the Gujarat High Court against them for alleged misconduct of forging their client's vakalatnama.
Case Title: MEHER FATIMA HUSSAIN VERSUS JAMIA MILIA ISLAMIA & ORS., 2024 LiveLaw (SC) 303
Coram: Justices Abhay S. Oka and Pankaj Mithal
Observing that the University Grants Commission (UGC) regulations are binding on the Universities, the Supreme Court directed the reinstatement of the teachers at Jamia Milia Islamia (“University”) on a permanent basis who were denied regularization by the University even after UGC's letter to University directing regularization of the teachers who were selected through a regular selection process and possessed required qualifications.
Supreme Court Upholds Appointment Of Technical Assistants As Assistant Engineers In TN PWD
Case Title: ASSOCIATION OF ENGINEERS vs. THE STATE OF TAMIL NADU., 2024 LiveLaw (SC) 304
Coram: Justices BR Gavai and Sandeep Mehta
While upholding the decision of the Tamil Nadu Government to appoint Technical Assistants as Assistant Engineers in the Public Works Department, the Supreme Court expressed displeasure over the attitude of the Association of Engineers in Tamil Nadu to grab all posts of Assistant Engineers in the State without leaving the posts for the candidates promoted from the subordinate services.
Case Title: Shamim Khan v. Debashish Chakraborty and others., 2024 LiveLaw (SC) 305
Coram: Justices CT Ravikumar and Rajesh Bindal,
A two-judge bench of the Supreme Court has called for an early adjudication of the issue whether prior sanction is mandatory for a Magistrate to forward a complaint against a public servant for investigation as per Section 156(3) CrPC.
Case Title: M/S RAJCO STEEL ENTERPRISES VERSUS KAVITA SARAFF & ANR., 2024 LiveLaw (SC) 306
Coram: Justices Aniruddha Bose and Sanjay Kumar
Recently, the Supreme Court upheld the acquittal of an accused in a 16-year-old cheque dishonor case since the complainant failed to prove that there exists a legally enforceable debt against the accused.
Case Title: SANDEEP KUMAR VS. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI
Coram: Justices BR Gavai and Sandeep Mehta
Observing that the termination of the services of the employee without holding disciplinary enquiry violates the principles of natural justice, the Supreme Court directed the reinstatement of the Registrar at the GB Pant Institute of Engineering and Technology, Ghurdauri.
Waqf Board & Not Waqf Tribunal Has Jurisdiction To Decide Issue Of Mutawalli : Supreme Court
Case Title: S V CHERIYAKOYA THANGAL v. S.V P POOKOYA & ORS., CIVIL APPEAL NO.4629/2024
Coram: Justices M.M Sundresh and S.V.N. Bhatti.
Recently, the Supreme Court held that the original jurisdiction to decide the issue pertaining to Mutawalliship vests with the Waqf board and not the Waqf Tribunal. Distinguishing the role of the Waqf Tribunal from that of the board, the Court said that the former is an adjudicatory authority while the latter deals with administration-related issues.
Case Title: THE STATE OF WEST BENGAL VS. JAYEETA DAS
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court held that in the absence of the designation of a special court by the state government, the Court of Sessions would have the jurisdiction to try offences punishable under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”).
Case Title: THE STATE OF TELANGANA & ORS. VERSUS MOHD. ABDUL QASIM (DIED) PER LRS.
Coram: Justices MM Sundresh and SVN Bhatti
A week after recognizing for the first time the fundamental right to be free from the adverse effects of climate change, the Supreme Court has delivered another judgment highlighting the potential adverse impacts of climate change.
Case Title: Aruna Roy and Anr. v. Union of India, W.P.(C) No. 249/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court issued notice on a plea filed against passing of 'blanket' orders under Section 144 CrPC (prohibiting public meetings, etc) ahead of Lok Sabha/Vidhan Sabha elections and directed that any applications of the nature filed by the petitioners shall be decided by the competent authority within 3 days of filing.
Case Title: THE STATE OF TELANGANA & ORS. VERSUS MOHD. ABDUL QASIM (DIED) PER LRS., 2024 LiveLaw (SC) 314
Coram: Justices M.M. Sundresh and S.V.N. Bhatti
The Supreme Court imposed a cost of Rs. 5 Lakhs on the State of Telangana with liberty to recover the said cost from the erring officials who have facilitated and filed incorrect affidavits in the ongoing proceedings.
The case relates to the declaration of the reserved forest land as private land in favor of the private persons by the High Court while exercising its review jurisdiction despite having its earlier order where it had given a clear finding that the title over the reserved forest land wasn't proved by the private person.
Case Title: Swami Ram Dev v. Union Of India., W.P.(Crl.) No. 265/2021
Coram: Justices MM Sundresh and SVN Bhatti.
The Supreme Court heard Yoga Guru Baba Ramdev's plea to combine the several FIRs filed against him in different states over his alleged remarks that Allopathy cannot cure COVID.
Observing that the petition was filed in the year 2021 and the charge-sheet would have been filed, the Court granted time to the State of Bihar and Chhattisgarh to inform it about the status regarding the FIRs and the chargesheet filed.
Case Title: JUMMA MASJID TRUST COMITTEE vs. THE STATE OF MAHARASHTRA., Diary No.- 16176 - 2024
Coram: Justices Surya Kant and K.V Vishwanathan
Today, the Supreme Court ordered that the keys to a mosque in Erandol Taluka, Jalgaon, will remain with the municipal council. While ordering thus, the bench disposed of an appeal preferred by the Jumma Masjid Trust Committee against the Bombay High Court's order directing it to return the keys of the Jalgaon mosque to the council by April 13.
Case Title: MUKHTAR ZAIDI VS. THE STATE OF UTTAR PRADESH., 2024 LiveLaw (SC) 315
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court held that if the Magistrate takes cognizance of the offence and issues summons to an accused by recording satisfaction based on the additional evidence produced by way of a protest petition filed by the informant, then such a protest petition ought to be treated as a private complaint case under Section 200 of the Code of Criminal Procedure.
Case Details : SHALINI AGNIHOTRI vs. HIGH COURT OF HIMACHAL PRADESH SLP(Crl) No. 003917 - / 2024
Coram: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police (SP), Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu.
Case Title: Shri Kant Bhati v. Union of India and Anr., W.P.(C) No. 33/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court permitted withdrawal of a plea seeking regulation of inappropriate content on over-the-top (OTT) platforms, while granting liberty to the petitioner to make a representation to the Union of India.
Case Title : Babu Sahebagouda Rudragoudar and others v. State of Karnataka., 2024 LiveLaw (SC) 316
Coram: Justices BR Gavai and Surya Kant
In a notable judgment, the Supreme Court has discussed how to prove a disclosure statement made by an accused under Section 27 of the Indian Evidence Act.
The Court noted that the statement of an accused recorded by a police officer under Section 27 of the Evidence Act is basically a "memorandum of confession" of the accused recorded by the Investigating Officer during interrogation which has been taken down in writing. This statement is admissible only to the extent it leads to the discovery of new facts.
Case Title: INSOLVENCY AND BANKRUPTCY BOARD OF INDIA VERSUS SATYANARAYAN BANKATLAL MALU & ORS.
Coram: Justices BR Gavai and Sandeep Mehta
Observing that the offences committed under the Insolvency and Bankruptcy Code, 2016 (“IBC”) would be tried by the Special Court established under Section 435 of the Companies Act, 2013 and the sessions judge would have the power to issue process against the accused, the Supreme Court upheld the issuance of process by the sessions judge to the accused.
Case Title: PARTEEK BANSAL vs. THE STATE OF RAJASTHAN & ORS.
Coram: Justices Vikram Nath Prashant Kumar Mishra
The Supreme Court imposed a cost of Rs.5 Lakhs on a wife's father for lodging a false Section 498A IPC case at different places against the husband to harass him by facing trial at different places.
Nine Judge Constitution Bench Hearing
Case Details: STATE OF U.P. vs. M/S. LALTA PRASAD VAISH C.A. No. 000151 / 2007 & Other Connected Matters
Coram: Justices Hrishikesh Roy, Abhay S. Oka, B.V. Nagarathna, J.B. Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma And Augustine George Masih.
The Supreme Court's 9-judge Constitution bench on Tuesday (April 16) resumed its 5th day of hearing the issue of interpretation of 'Intoxicating Liquor'.
The Solicitor General (SG) Mr Tushar Mehta contended that the the Industries (Development and Regulation) Act, 1951(IDR Act) occupied the complete field of the alcohol industry. In contending so, he placed reliance on the test of repugnancy, stressing that when a Parliamentary Legislation holistically covers all aspects of a subject matter, it established the intention of the Union to occupy the complete field.
A 9-judge Constitution Bench of the Supreme Court on Thursday (March 14) reserved its verdict on the issue of whether 'denatured spirit or industrial alcohol' can be brought within the meaning of 'intoxicating liquor' under State legislation's law-making powers.
The 6 day-long hearing deliberated upon the interplay between the Union's law-making powers over 'controlled industries' under Entry 52 List I, the State's powers to make laws on the subject of 'intoxicating liquor' under Entry 8 List II and the concurrent powers of Union and States on regulating trade, production, and distribution of products from industries under Union control. The Court was essentially tasked to examine whether the Industries (Development and Regulation) Act, of 1951 gave complete regulatory power to the Union on the subject of industrial alcohol.
News Update
Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors., Special Leave Petition (Civil) No. 14275 of 2023 and connected cases.
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court posted to August 2024 a batch of petitions challenging the orders passed by the Allahabad High Court in relation to the Krishna Janambhoomi dispute.
Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court asked the State of Uttar Pradesh about the steps taken to prosecute the offender in the Muzaffarnagar school slapping case. The case related to the alleged incident where a teacher at a school in Muzaffarnagar asked her students to slap a student and allegedly uttered communal slurs against him.
Case Details : DR. RENGA RAMANUJAM vs. UNION OF INDIA W.P.(C) No. 000222 - / 2024
Coram: CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice in a Public Interest Litigation raising the issue of exclusion of Persons With Disabilities from appointment to the District Judiciary in many States.
The petitioner contends that the judicial service rules of many States do not provide for the PwD (Persons with Disability) Quota, under the Rights of Persons with Disabilities Act 2016.
Case Details: MD ANAS CHAUDHARY vs. REGISTRAR-GENERAL HIGH COURT OF JUDICATURE AT ALLAHABAD W.P.(C) No. 001429 - / 2023
Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court asked the Registrar General of the Allahabad High Court to enable e-filing facility at e-Sewa Kendras of all the District Courts in the State of Uttar Pradesh. The Court also stated that a hybrid hearing before the High Court through a virtual set-up in the District Courts of Western UP may take place in compliance with the Allahabad High Court Rules (Rules of 1952) within 2 weeks.
Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
Baba Ramdev, co-founder of Patanjali Ayurved Ltd, personally appeared before the Supreme Court and expressed unconditional apology for publishing misleading advertisements and making comments against Allopathic medicines in breach of an undertaking given to the Court.
Supreme Court Seeks States' Responses On Steps Taken In Mob Lynching Cases
Case Title: National Federation of Indian Women v. Union of India & Ors., Writ Petition (Civil) No. 719 of 2023
Coram: Justices BR Gavai, Aravind Kumar, and Sandeep Mehta.
The Supreme Court directed the States, which have not yet responded to the public interest litigation (PIL) filed by the National Federation of Indian Women (NFIW) regarding the increase in mob lynching incidents, to file detailed affidavits specifying the steps taken by them in respect the mob-lynching incidents mentioned in the PIL.
Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors., Special Leave Petition (Civil) No. 17403 of 2023
Coram: Justices Surya Kant and KV Viswanathan
The West Bengal Governor has agreed to fill up six vacancies of Vice Chancellors by appointing candidates out of the list recommended by the West Bengal Government. Attorney General for India R Venkataramani informed the Supreme Court about the decision of the Governor (Chancellor of the Universities).
Case Title : Ireo Grace Realtech Pvt Ltd vs Sanjay Gopinath
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court has issued notice to two members of the National Consumer Disputes Redressal Commission (NCDRC) seeking explanation from them for issuing non-bailable warrants against the directors of a company, ignoring a previous interim order of the Supreme Court.
Case : ASHWINI KUMAR UPADHYAY vs UNION OF INDIA | Diary No. 17329-2024
A Public Interest Litigation (PIL) petition filed in the Supreme Court seeks directions to have a 3-year law degree course after school. Presently, the LL.B course which the students can join after their 12th standard has a duration of 5 years. Three-year law degree course is available only for graduates.
Case Title: Association of Democratic Reforms v. Election Commission of India & Anr. | Writ Petition (Civil) No. 434 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Election Commission of India (ECI) has responded to the 2019 news report of 'The Quint' regarding alleged discrepancies between votes polled and votes counted in the previous 2019 General Lok Sabha Elections.
As per the report, there was a mismatch between the votes polled and counted votes in 373 constituencies. In the EVM-VVPAT case in the Supreme Court, the petitioners had cited the report to question the credibility of EVMs.
Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities
Case Title: RAMNARAYAN MANHAR v. STATE OF CHHATTISGARH., Diary No.- 15153 – 2024
Coram: Justices Surya Kant and K.V Vishwanathan
In a significant development, the Supreme Court observed that it has yet to establish guidelines for conducting trials against accused with hearing and speech disabilities. In this regard, the Top Court has issued notice to Union of India through the Attorney General to examine this question of law and posted the matter on July 26.
Case Title: Abhishek Boinpally v. Directorate of Enforcement | Special Leave Petition (Criminal) No. 9038 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court today extended till May 8 the interim bail of five weeks granted to Hyderabad businessman Abhishek Boinpally in the Delhi Liquor Policy case.
The matter, though not listed today, was taken on Board by the Bench upon a mentioning by Sr Adv Kapil Sibal. The order was passed as the case was directed to be listed in week commencing April 29 but had been posted to May.
The Election Commission of India has told the Supreme Court that no mismatch has been detected ever between the votes counted in the Electronic Voting Machines and the Voter Verifiable Paper Audit Trail slips (VVPATs).
Case Details : Manipur Tribal Forum Delhi v. State of Manipur & Anr WP (Civil) No. 540 of 2023
The Manipur Tribal Forum has filed an interim application before the Supreme Court raising apprehensions about fresh onslaught of violent acts against the Kuki-Zo community in the state of Manipur.
The application seeks protection by the Indian Army and calls for the arrest of the leaders inciting violence in the state.
Case Title: XYZ and Anr. v. Union of India, W.P.(C) No. 238/2024
Coram: Justices BV Nagarathna and AG Masih
The Supreme Court on Friday sought the Union government's response on a plea filed to allow an intending couple, having a healthy biological child, to beget a second child through surrogacy if it so wants.
Case Title: A (MOTHER OF X) v. STATE OF MAHARASHTRA & ANR.
Bench: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court, in an urgent hearing, ordered a medical examination of a 14-year-old minor seeking termination of a 28-week pregnancy caused by sexual assault.
The bench led by CJI Chandrachud, in a post-4 PM hearing, has directed the medical examination of the minor at Sion Hospital, Maharashtra to be conducted tomorrow (April 20). The medical examination has been directed to apprise the Court of the possible mental and physical impacts on the minor in the event of allowing such a termination.
Case Details : AGRICULTURE PRODUCE MARKET COMMITTEE, SURAT vs. STATE OF GUJARAT SLP(C) No. 008250 - 008251 / 2024 & other connected matters
Coram: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court on Friday (April 19) declined to interfere with the order passed by the Gujarat High Court directing the Agricultural Produce Market Committee (APMC), Surat to auction the land allegedly misappropriated for the construction and running of a 5-star hotel. The Supreme Court observed that the High Court was correct in directing such an auction for the land allotted to be utilized for making a district market yard.
